Regulation 14 Arrangements for disseminating the results of research and development

(1)

For the purposes of regulation 12, the Association must disseminate the results of any research and development in accordance with the arrangements referred to in paragraph (2).

(2)

The arrangements for the dissemination of the results of any research and development must be made, on or before the last day of the accounting period, and must ensure that the results of any research and development undertaken in the accounting period are to be—

(a)

made available upon request and without charge, subject to paragraph (3);

(b)

made available, subject to paragraph (4)—

(i)

to all the members and shareholders of, and all the subscribers to, the Association who undertake the class of trade that may be facilitated or extended by the research and development; or

(ii)

to all the members and shareholders of, and all the subscribers to, the Association; or

(iii)

generally to the public; and

(c)

made available not later than one year after the completion of the research and development.

(3)

Paragraph (2)(a) does not prevent an Association from recovering from a recipient of the results of any research and development the reasonable costs of publishing or distributing the results to the recipient.

(4)

Where any member or shareholder of, or subscriber to, the Association is connected with the Association paragraph (2)(b) does not apply and instead the arrangements must ensure that the results of any research and development undertaken in the accounting period are made available—

(a)

generally to the public, or

(b)

to any person who undertakes the class of trade that may be facilitated or extended by the research and development whether or not the person is or is not a member or shareholder of, or subscriber to, the Association.

Section 839 (connected persons)^f1 shall apply for the purpose of determining whether a member, shareholder or subscriber is connected with the Association.

Annotations

Footnotes

f1: Section 839 was amended by section 74 of, and paragraph 20 of Schedule 17 to, the Finance Act 1995 (c. 4); regulations 47 and 100 of SI 2005/3229; paragraphs 7 and 25 of Schedule 13 to the Finance Act 2006 (c. 25) and paragraphs 1 and 223 of Schedule 1 to the Income Tax Act 2007 (c. 3).