Section 217 Qualifying individuals and qualifying persons.

United Kingdom

(1)

In this Part—

F1...
F2 “ qualifying person ” means—

(a)

an individual habitually resident in a qualifying country, or

(b)

a body corporate or other body having legal personality which—

(i)

is formed under the law of a part of the United Kingdom or another qualifying country, and

(ii)

has in any qualifying country a place of business at which substantial business activity is carried on.

(2)

References in this Part to a qualifying person include the Crown and the government of any other qualifying country.

(3)

In this section “qualifying country” means—

(a)

the United Kingdom,

(b)

a country to which this Part extends by virtue of an Order under section 255, F3or

F4(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)

to the extent that an Order under section 256 so provides, a country designated under that section as enjoying reciprocal protection.

F5(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

In determining for the purpose of the definition of “qualifying person” whether substantial business activity is carried on at a place of business in any country, no account shall be taken of dealings in goods which are at all material times outside that country.

Annotations

Textual amendments

F1: Words in s. 217(1) omitted (1.10.2014) by virtue of Intellectual Property Act 2014 (c. 18), ss. 3(1)(a), 24(1) (with s. 3(6)); S.I. 2014/2330, art. 3, Sch.
F2: Words in s. 217(1) substituted (1.10.2014) by Intellectual Property Act 2014 (c. 18), ss. 3(1)(b), 24(1) (with s. 3(6)); S.I. 2014/2330, art. 3, Sch.
F3: Word in s. 217(3)(b) inserted (31.12.2020) by The Designs and International Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/638), reg. 1, Sch. 8 para. 11(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F4: S. 217(3)(c) omitted (31.12.2020) by virtue of The Designs and International Trade Marks (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/638), reg. 1, Sch. 8 para. 11(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F5: S. 217(4) omitted (1.10.2014) by virtue of Intellectual Property Act 2014 (c. 18), ss. 3(2), 24(1) (with s. 3(6)); S.I. 2014/2330, art. 3, Sch.

Notes on Part III

Modifications

C1: Pt. 3 modified by S.I. 1989/1100, arts. 3-9, Sch. (as amended (1.1.2024) by S.I. 2023/1285, regs. 1(2), 2(2))