Barras principle
Barras principle
We can deal with the Barras principle shortly. Item 5 refers to the provision of a deputy and not to the provision of a deputising service. There is therefore no basis for presuming that the meaning of “deputising service” in the NHSGMPSRs should be imputed when interpreting Item 5. As set out above we consider Parliament’s choice of “deputy” and “registered in the register for medical practitioners” rather than “deputising service”, and “included in the same medical list as the practitioner who is so included”, marks a policy driven legislative choice not to restrict Item 5 to out of hours GP deputising services.
- Heading
- Introduction
- Appellant’s standing in the appeal/supply issue
- Appellant’s witness statements
- Exhibits not on Appellant’s list of documents and other documents
- The forbidden part and Hansard extracts
- Relevant law
- Healthcare legislation
- The issues
- Approach to the interpretation of Item 5
- HMRC’s submissions
- Discussion
- Ordinary meaning
- Statutory and historical context
- Mischief rule
- Barras principle
- Conforming interpretation
- HMRC’s alternative arguments
- Sample transactions
- On framework
- Off framework
- HMRC’s challenges to the documents
- Findings of fact
- Application of Item 5 to established facts
- Conclusions
![TC09640 - [2025] UKFTT 01114 (TC)](https://backend.juristeca.com/files/emisores/logo_7HSuEAV.png)