(1) There is no charge to tax under section 154 [ , or under section 157 ( charge on provision of car for private use )
85
] (taxable benefits: general charging provision) in respect of the provision for employees of a works bus service.
(2) A "works bus service" means a service provided by means of a bus [ , or a minibus 85 ] for conveying employees of one or more employers on qualifying journeys.
(3) For the purposes of this section-
"bus" means a road passenger vehicle with a seating capacity of 12 or more;
[ " minibus " means a vehicle constructed or adapted for the carriage of passengers which has a seating capacity of 9 or more , but less than 12 ; 85 ] and "qualifying journey", in relation to an employee, means a journey-
(a) between his home and workplace, or
(b) between one workplace and another,
in connection with the performance of the duties of the employment.
(4) The exemption conferred by this section is subject to the following conditions-
(a) the service must be available generally to employees of the employer (or each employer) concerned;
(b) the main use of the service must be for qualifying journeys by those employees.
(5) The exemption is also subject to substantial compliance with the condition that the service must be used only by the employees for whom it is provided or their children.
For this purpose "children" includes stepchildren and illegitimate children but does not include children aged 18 or over.
(6) If under this section there is no charge to tax under section 154 [ or 157 86] (or would be no charge if the employee were in employment to which Chapter II of Part V applies), there is no charge to tax under section 141 (non-cash vouchers) in respect of a voucher evidencing the employee's entitlement to use the service.
(7) In this section-
"employment" includes an office and related expressions have a corresponding meaning; and
"workplace" means a place at which the employee's attendance is necessary in the performance of the duties of the employment.
(8) For the purposes of this section the seating capacity of a vehicle is determined in the same way as for the purposes of Part III of Schedule 1 to the Vehicle Excise and Registration Act 1994 (vehicle excise duty on buses), whether or not the vehicle is a bus within the meaning of that Part.
[ (9) In determining whether a vehicle is a minibus for the purposes of this section, no account shall be taken of seats in relation to which relevant construction and use requirements are not met.
In this subsection "construction and use requirements" has the same meaning as in Part 2 of the Road Traffic Act 1988 or, in Northern Ireland, Part III of the Road Traffic (Northern Ireland) Order 1995 87.]
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