The Financial Services and Markets Act 2000 (Consequential Amendments) (Taxes) Order 2001

PART 2AMENDMENTS TO PRIMARY LEGISLATION

The Taxes Management Act 1970 (c. 9)

Returns and other information: stock jobbers' transactions

3.  In section 21(7) of the Taxes Management Act 1970(1) in the definition of “broker” for “of the Financial Services Act 1986” substitute “given by section 285(1)(a) of the Financial Services and Markets Act 2000”.

The Finance Act 1970 (c. 24)

Composition agreements in relation to stamp duty

4.—(1) Amend section 33 of the Finance Act 1970(2) (composition agreements by certain bodies in relation to stamp duty chargeable on transfers of securities) as follows.

(2) In subsection (1)—

(a)for “recognised stock exchange” in the first place where it occurs substitute “recognised investment exchange or recognised clearing house”;

(b)omit the definition of “recognised stock exchange”.

(3) In subsections (2)(b), (c) and (d), (4) and (5) for “stock exchange” substitute “recognised investment exchange or recognised clearing house”.

(4) After subsection (6) add—

“(7) In this section “recognised investment exchange” and “recognised clearing house” have the meanings given by section 285(1) of the Financial Services and Markets Act 2000.”.

The Inheritance Tax Act 1984 (c. 51)

Settled property: qualifying interests in possession

5.—(1) Amend section 59 of the Inheritance Tax Act 1984 (conditions to be met in relation to qualifying interests in possession)(3) as follows.

(2) In subsection (3)(b) for the words from “either” to the end substitute

• “has permission—

  (i)

  under Part 4 of the Financial Services and Markets Act 2000, or

  (ii)

  under paragraph 15 of Schedule 3 to that Act(4) (as a result of qualifying for authorisation under paragraph 12(1) of that Schedule),

  to effect or carry out contracts of long-term insurance.”.

(3) After subsection (3) add—

“(4) In subsection (3)(b) above “contracts of long-term insurance” means contracts which fall within Part II of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001(5).”.

(4) This Article has effect in relation to the making, on an anniversary or other occasion on or after 1st December 2001, of any charge to tax under section 64 or 65 of the Inheritance Tax Act 1984.

The Finance Act 1986 (c. 41)

Introduction

6.  Amend the Finance Act 1986 in accordance with Articles 7 to 12.

Stamp duty: intermediaries

7.—(1) Amend section 80B(2) (intermediaries: provisions supplementary to section 80A)(6) as follows.

(2) In the definition of “collective investment scheme” for “75 of the Financial Services Act 1986” substitute “235 of the Financial Services and Markets Act 2000”.

(3) For the definition of “insurance business” substitute—

““insurance business” means business which consists of the effecting or carrying out of contracts of insurance and, for the purposes of this definition, “contract of insurance” has the meaning given in Article 3(1) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001;

“the operator”, in relation to a collective investment scheme, shall be construed in accordance with section 237(2) of the Financial Services and Markets Act 2000;”.

(4) For the definition of “trustee” and “the operator” substitute—

• ““trustee”, in relation to a collective investment scheme, means a trustee or a depositary within the meaning given in section 237(2) of the Financial Services and Markets Act 2000.”.

(5) This Article has effect in relation to any instrument executed on or after 1st December 2001.

Stamp duty: interpretation of sections 81, 82 and 84

8.—(1) Amend section 85(5) of the Finance Act 1986 (supplementary provisions) as follows.

(2) In paragraph (b) for “of the Financial Services Act 1986” substitute “given by section 285(1)(a) of the Financial Services and Markets Act 2000”.

(3) In paragraph (c) for “of the Financial Services Act 1986” substitute “given by section 285(1)(b) of the Financial Services and Markets Act 2000”.

(4) This Article has effect in relation to any instrument executed on or after 1st December 2001.

Stamp duty reserve tax: intermediaries

9.—(1) Amend section 88B(2) (provisions supplementary to section 88A)(7) as follows.

(2) In the definition of “collective investment scheme” for “75 of the Financial Services Act 1986” substitute “235 of the Financial Services and Markets Act 2000”.

(3) For the definition of “insurance business” substitute—

““insurance business” means business which consists of the effecting or carrying out of contracts of insurance and, for the purposes of this definition, “contract of insurance” has the meaning given by Article 3(1) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001;

“the operator”, in relation to a collective investment scheme, shall be construed in accordance with section 237(2) of the Financial Services and Markets Act 2000;”.

(4) For the definition of “trustee” and “the operator” substitute—

• ““trustee”, in relation to a collective investment scheme, means a trustee or a depositary within the meaning given in section 237(2) of the Financial Services and Markets Act 2000.”.

(5) This Article has effect in relation to—

(a)an agreement to transfer chargeable securities which is not conditional, if the agreement is made on or after 1st December 2001;

(b)a conditional agreement to transfer such securities, if the condition is satisfied on or after that date.

Stamp duty reserve tax: interpretation

10.—(1) In section 99(5B) (interpretation)(8) for the words from “In this subsection” to the end substitute “In this subsection “an authorised unit trust scheme”, “collective investment scheme” and “an open-ended investment company” have the same meanings as in Part 17 of the Financial Services and Markets Act 2000.”.

(2) This Article has effect in relation to—

(a)an agreement to transfer chargeable securities which is not conditional, if the agreement is made on or after 1st December 2001;

(b)a conditional agreement to transfer such securities, if the condition is satisfied on or after that date.

Inheritance tax: power to amend definitions of “market maker”

11.  In sections 106(4)(a) and 107(4)(a) (power to amend sections 105(7) and 234(4) of the Inheritance Tax Act 1984) for “of the Financial Services Act 1986” substitute “given by section 285(1)(a) of the Financial Services and Markets Act 2000”.

Power to modify section 21 of the Taxes Management Act 1970: definition of recognised investment exchange

12.  In paragraph 10(2) of Schedule 18 (definition of recognised investment exchange) for “of the Financial Services Act 1986” substitute “given by section 285(1)(a) of the Financial Services and Markets Act 2000”.

The Income and Corporation Taxes Act 1988 (c. 1)

Introduction

13.  Amend the Income and Corporation Taxes Act 1988 in accordance with Articles 14 to 52.

Transfers of insurance business

14.—(1) Amend section 12 (basis of, and periods for, assessment)(9), as follows.

(2) In subsection (7A) for the words from “there” to “1982” substitute “an insurance business transfer scheme has effect to transfer from a company to another person business which consists of the effecting or carrying out of contracts of long-term insurance”.

(3) After subsection (7A) insert—

“(7B) In subsection (7A) above—

“contracts of long-term insurance” means contracts which fall within Part II of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001; and

“insurance business transfer scheme” means a scheme falling within section 105 of the Financial Services and Markets Act 2000 and—

(4) This Article has effect in relation to any transfer under a scheme falling within section 105 of the Financial Services and Markets Act 2000, including an excluded scheme falling within Case 2, 3 or 4 of subsection (3) of that section.

Insurance business: application of sections 43A to 43E of the Taxes Act

15.—(1) In section 43F(1) (insurance business)(10) for “Part II of the Insurance Companies Act 1982(11)” substitute “Chapter 9 of the Prudential Sourcebook (Insurers)”.

(2) This Article has effect in relation to periods of account ending on or after 1st December 2001.

Tax treatment of levies and repayments

16.—(1) Omit section 76(7) and (7A) (expenses of management: insurance companies)(12).

(2) Amend section 76A (levies and repayments under the Financial Services and Markets Act 2000)(13) in accordance with paragraphs (3) to (5) below.

(3) For subsection (2) substitute—

“(2) “Levy” means—

(a)a payment required under rules made under section 136(2) of the Financial Services and Markets Act 2000 (“the Act of 2000”);

(b)a levy imposed under the Financial Services Compensation Scheme;

(c)a payment required under rules made under section 234 of the Act of 2000;

(d)a payment required under scheme rules in accordance with paragraph 15(1) of Schedule 17 to the Act of 2000;

(e)a payment required in accordance with the standard terms fixed under paragraph 18 of Schedule 17 to the Act of 2000 other than an award which is not an award of costs under cost rules.”.

(4) For subsection (3) substitute—

“(3) “Repayment provision” means—

(a)any provision made by virtue of section 136(7) or 214(1)(e) of the Act of 2000;

(b)any provision by scheme rules for fees to be refunded in specified circumstances.”.

(5) After subsection (4) add—

“(5) “Scheme rules” means the rules referred to in paragraph 14(1) of Schedule 17 to the Act of 2000.

(6) “Costs rules” means—

(a)rules made under section 230 of the Act of 2000;

(b)provision relating to costs contained in the standard terms fixed under paragraph 18 of Schedule 17 to the Act of 2000.”.

(6) Amend section 76B (levies and repayments under the Financial Services and Markets Act 2000: investment companies) in accordance with paragraphs (7) and (8) below.

(7) In subsection (3) for “76(7A)” substitute “76A(2)”.

(8) For subsection (4) substitute—

“(4) “Costs rules” has the meaning given in section 76A(6).”.

PAYE: readily convertible assets

17.—(1) Amend section 203F (PAYE: readily convertible assets)(14) as follows.

(2) In subsection (2)(a) for “of the Financial Services Act 1986” substitute “given by section 285(1)(a) of the Financial Services and Markets Act 2000”.

(3) In subsection (5) for the words from “right” to the end substitute “investment of a kind specified in Part III of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001.”.

Relief on life assurance premiums

18.—(1) Amend section 266 (relief on life assurance premiums)(15) as follows.

(2) In subsection (2)(a) for sub-paragraphs (i) to (iii) substitute—

“(i)a person who has permission under Part 4 of the Financial Services and Markets Act 2000 or under paragraph 15 of Schedule 3 to that Act (as a result of qualifying for authorisation under paragraph 12(1) of that Schedule) to effect or carry out contracts of long-term insurance; or

(ii)a member of the Society who effects or carries out contracts of long-term insurance in accordance with Part 19 of the Financial Services and Markets Act 2000;”.

(3) After subsection (13) add—

“(14) In subsection (2)(a)—

“contracts of long-term insurance” means contracts which fall within Part II of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001; and

“member of the society” has the same meaning as in Lloyd’s Act 1982(16).”.

Interest under contractual savings schemes

19.—(1) Amend section 326 (interest etc. under contractual savings schemes)(17) as follows.

(2) In subsections (1)(c), (2), (4) and (6)(a) for “an institution authorised under the Banking Act 1987” substitute “a person falling within section 840A(1)(b)(18)”.

(3) In subsections (7)(a) and (8)(a) after “society” insert “, person”.

Tax-exempt special savings accounts

20.—(1) Amend section 326A (tax-exempt special savings accounts)(19) in accordance with paragraphs (2) to (5) below.

(2) In subsection (4) for the words “an institution authorised under the Banking Act 1987” substitute “a person falling within section 840A(1)(b)”.

(3) In subsection (5) after “society” insert “, person”.

(4) In subsection (9) after “society” insert “, person”.

(5) For subsection (10) substitute—

“(10) In this section “relevant European institution” means an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to the Financial Services and Markets Act 2000 which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to accept deposits.”

(6) In section 326B(3) (loss of exemption for special savings accounts) after “society” insert “, person”.

(7) In section 326C(1) (power of Board to make supplementary regulations in relation to tax-exempt special savings accounts)(20)—

(a)in paragraphs (b), (c) and (cd) after “and other” insert “persons and”;

(b)in paragraphs (cc) and (d) after “building society” insert “, person”.

Personal equity plans: tax representatives

21.—(1) Amend section 333A (personal equity plans: tax representatives)(21) as follows.

(2) In subsection (11) for paragraph (a) substitute—

“(a)“European institution” means an EEA firm of the kind mentioned in paragraph 5(a), (b) or (c) of Schedule 3 to the Financial Services and Markets Act 2000 which is an authorised person for the purposes of that Act as a result of qualifying for authorisation under paragraph 12 of that Schedule;”.

(3) In subsection (12) for the words from “a person” to the end substitute “ a firm which is an authorised person for the purposes of the Financial Services and Markets Act 2000 as a result of qualifying for authorisation under paragraph 2 of Schedule 4 to that Act.”.

Involvement of insurance companies with plans and accounts

22.  In section 333B(9) (involvement of insurance companies with plans and accounts)(22) for the definition of “insurance company” substitute—

““insurance company” means an undertaking carrying on the business of effecting or carrying out contracts of insurance and, for the purposes of this definition, “contract of insurance” has the meaning given by Article 3(1) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001;”.

Mortgage interest relief: qualifying lenders

23.—(1) Amend section 376 (qualifying borrowers and qualifying lenders)(23) as follows.

(2) In subsection (4)—

(a)for paragraph (e) substitute—

“(e)a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to effect or carry out contracts of long-term insurance;”;

(b)omit paragraph (g);

(c)for paragraph (p) substitute—

“(p)any body which is for the time being registered under section 376A.”.

(3) Omit subsection (4A).

Mortgage interest relief: register of qualifying lenders

24.  In section 376A (the register of qualifying lenders)(24) after subsection (1) insert—

“(1A) The following are entitled to be registered—

(a)a person who has permission under Part 4 of the Financial Services and Markets Act 2000—

(i)to accept deposits; or

(ii)to effect or carry out contracts of general insurance;

(b)a 90 per cent subsidiary of a person mentioned in—

(i)section 376(4)(e); or

(ii)paragraph (a) above;

(c)any other body whose activities and objects appear to the Board to qualify it for registration.”.

Mortgage interest relief: interpretation

25.  In section 379 (interpretation of sections 369 to 378) before the definition of “prescribed” insert—

““contracts of general insurance” means contracts which fall within Part I of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 and “contracts of long-term insurance” means contracts which fall within Part II of that Schedule;”.

Interpretative provisions relating to insurance companies

26.—(1) Amend section 431(2) (interpretative provisions relating to insurance companies)(25) as follows.

(2) After the definition of “closing liabilities” insert—

• ““contract of insurance” has the meaning given by Article 3(1) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 and “contract of long-term insurance” means any contract which falls within Part II of Schedule 1 to that Order;”.

(3) For the definition of “insurance company” substitute—

““insurance business transfer scheme” means a scheme falling within section 105 of the Financial Services and Markets Act 2000, including an excluded scheme falling within Case 2, 3 or 4 of subsection (3) of that section;

“insurance company” means—

(4) In the definition of “liabilities” for the words from “liabilities of” to the end substitute “long-term liabilities of the company determined for the purposes of the company’s periodical return on actuarial principles in accordance with section 5.6 of the Prudential Sourcebook (Insurers) (excluding any that have been reinsured);”.

(5) For the definition of “long term business” substitute—

““long-term business” means business which consists of the effecting or carrying out of contracts of long-term insurance;”.

(6) After the definition of “long term business fund” insert—

““long-term liabilities” means liabilities of an insurance company arising under or in connection with contracts for long-term business (including liabilities arising from deposit back arrangements within the meaning given by section 11.1 of the Prudential Sourcebook (Insurers));”.

(7) In the definition of “periodical return” for “Treasury under Part II of the Insurance Companies Act 1982” substitute “Financial Services Authority under section 9.6 of the Prudential Sourcebook (Insurers)”.

(8) After the definition of “periodical return” insert—

““the Prudential Sourcebook (Insurers)” means the Interim Prudential Sourcebook for Insurers made by the Financial Services Authority under the Financial Services and Markets Act 2000(26);”.

(9) The amendments made by paragraphs (3), (6) and (7) above have effect in relation to periods of account ending on or after 1st December 2001.

Power to amend the Tax Acts so far as relating to insurance companies

27.  In section 431A (power of Treasury to amend provisions of the Tax Acts relating to insurance companies)(27) for the “Insurance Companies Act 1982” substitute “Financial Services and Markets Act 2000, in so far as that Act relates to insurance companies,”.

Transfer of assets etc.

28.—(1) In section 440(2) (transfer of assets of insurance company)(28) for paragraph (a) substitute—

“(a)an asset is acquired by a company as a result of an insurance business transfer scheme which has effect to transfer long-term business from any person (“the transferor”) to the company, and”.

(2) This Article has effect in relation to any transfer under a scheme falling within section 105 of the Financial Services and Markets Act 2000, including an excluded scheme falling within Case 2, 3 or 4 of subsection (3) of that section.

Effect of transfer of insurance business

29.—(1) In section 444A (effect of transfer of long-term insurance business)(29) for subsection (1) substitute—

“(1) Subject to subsection (7) below, this section applies where an insurance business transfer scheme has effect to transfer long-term business from one person (“the transferor”) to another (“the transferee”).”.

(2) This Article has effect in relation to any transfer under a scheme falling within section 105 of the Financial Services and Markets Act 2000, including an excluded scheme falling within Case 2, 3 or 4 of subsection (3) of that section.

Equalisation reserves

30.—(1) Except as provided in paragraph (4) below, in sections 444BA to 444BD (equalisation reserves)(30) for “section 34A regulations” in each place where it occurs substitute “equalisation reserve rules”.

(2) Amend section 444BA in accordance with paragraphs (3) and (4) below.

(3) In subsection (10) for “the regulations” substitute “the rules”.

(4) For subsection (11) substitute—

“(11) In this section, and in sections 444BB to 444BD, “equalisation reserves rules” means the rules in Chapter 6 of the Prudential Sourcebook (Insurers).”.

(5) In section 444BC(1) for “17 of the Insurance Companies Act 1982” substitute “9.3 of the Prudential Sourcebook (Insurers)”.

(6) Amend section 444BD in accordance with paragraphs (7) and (8) below.

(7) In subsection (2)(a) for sub-paragraphs (i) and (ii) substitute—

“(i)by an EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3 to the Financial Services and Markets Act 2000 which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12(1) of that Schedule) to effect or carry out contracts of insurance in the United Kingdom, or

(ii)by a firm which has permission under paragraph 4 of Schedule 4 to that Act (as a result of qualifying for authorisation under paragraph 2 of that Schedule) to effect or carry out contracts of insurance in the United Kingdom, or

(iii)in respect of any business which consists of the effecting or carrying out of contracts of insurance and which is carried on outside the United Kingdom by a company resident in the United Kingdom;”.

(8) In subsection (7)—

(a)for the definition of “credit insurance business” substitute—

• ““credit insurance business” means business which consists of the effecting or carrying out of contracts of insurance against risks of loss to the persons insured arising from—

  (a)

  the insolvency of debtors of theirs, or

  (b)

  from the failure (otherwise than through insolvency) of debtors of theirs to pay their debts when due;”;

(b)omit the definition of “EC company” and the word “and” immediately before it.

(9) This Article has effect in relation to periods of account ending on or after 1st December 2001.

Capital redemption business

31.  In section 458(3) (capital redemption business)(31) for paragraphs (a) and (b) substitute—

“(a)consists of the effecting on the basis of actuarial calculations, and the carrying out, of contracts of insurance under which, in return for one or more fixed payments, a sum or series of sums of a specified amount become payable at a future time or over a period; and

(b)is not life assurance business.”.

Friendly societies: exemption from tax in respect of life or endowment business

32.—(1) Amend section 460 (friendly societies: exemption from tax in respect of life or endowment business)(32) as follows.

(2) In subsection (10A) for the words from the beginning to “1982” substitute “Where at any time an insurance business transfer scheme has effect to transfer to a friendly society long-term business,”.

(3) After subsection (10A) insert—

“(10B) In subsection (10A) “insurance business transfer scheme” means a scheme falling within section 105 of the Financial Services and Markets Act 2000, including an excluded scheme falling within Case 2, 3 or 4 of subsection (3) of that section.”.

(4) In subsection (11)—

(a)omit “by virtue of section 84 of the Friendly Societies Act 1974(33) or”;

(b)for “either of those Acts” substitute “that Act”.

(5) The amendments made by paragraphs (2) and (3) above have effect in relation to any scheme falling within section 105 of the Financial Services and Markets Act 2000, including an excluded scheme falling within Case 2, 3 or 4 of subsection (3) of that section.

Taxation in respect of other business

33.—(1) Amend section 461 (taxation in respect of other business)(34) as follows.

(2) In subsection (2)—

(a)in paragraphs (a) and (b) for “registrar” substitute “Board”;

(b)for “(8)” substitute “(7)”.

(3) In subsection (4)(a)—

(a)omit “by virtue of section 84 of the Friendly Societies Act 1974 or”;

(b)for “either of those Acts” substitute “that Act”.

(4) In subsection (6)—

(a)in paragraphs (a) and (b) for “the Commission” substitute “the Board”;

(b)for the words immediately after paragraph (b) substitute “the Board may give a direction to the society under subsection (7) below.”.

(5) For subsections (7) to (9) substitute—

“(7) A direction under this subsection is that (and has the effect that) the society to which it is given is to be treated for the purposes of this Act as a society registered after 31st May 1973 with respect to business carried on after the date of the direction.

(8) A society to which a direction is given may, within 30 days of the date on which it is given, appeal against the direction to the Special Commissioners on the ground that—

(a)it has not begun to carry on business as mentioned in subsection (6)(a) above; or

(b)the direction is not necessary for the protection of the revenue.

(9) If a registered friendly society in respect of which a direction is in force under subsection (7) above becomes an incorporated friendly society, the direction shall continue to have effect, so that the incorporated friendly society shall be treated for the purposes of this Act as a society registered after 31st May 1973.”.

(6) After subsection (10) add—

“(11) For the purposes of this section and section 461C—

(a)any group of persons which was approved for the purposes of this section (as mentioned in subsection (2)(a) above) immediately before 1st December 2001 shall be treated as having been approved for the purposes of this section by the Board on that date;

(b)any greater amount which was authorised for the purposes of this section (as mentioned in subsection (2)(b) above) immediately before 1st December 2001 shall be treated as having been authorised for the purposes of this section by the Board on that date; and

(c)where a direction that subsection (2) above applies to a society was in force immediately before 1st December 2001, a direction in relation to that society shall be treated as having been made under subsection (7) above by the Board on that date.”.

Taxation in respect of other business: incorporated friendly societies qualifying for exemption

34.—(1) Amend section 461A (taxation in respect of other business: incorporated friendly societies qualifying for exemption)(35) as follows.

(2) In subsection (2) for “Friendly Societies Commission” substitute “Board”.

(3) After subsection (3) add—

“(4) For the purposes of this section and section 461C, any group of persons which was approved for the purposes of this section (as mentioned in subsection (2) above) by the Friendly Societies Commission immediately before 1st December 2001 shall be treated as having been approved for the purposes of this section by the Board on that date.”.

Taxation in respect of other business: incorporated friendly societies etc.

35.  In section 461B(4)(b) (taxation in respect of other business: incorporated friendly societies etc.) for “(8)” substitute “(7)”.

Taxation in respect of other business: withdrawal of “qualifying” status from incorporated friendly society

36.—(1) Amend section 461C (taxation in respect of other business: withdrawal of “qualifying” status from incorporated friendly society) as follows.

(2) In subsection (1)—

(a)for “to (5)” substitute “and (4)”;

(b)in paragraph (b) for “Friendly Societies Commission” substitute “Board”.

(3) In subsection (2)—

(a)for “to (5)” substitute “and (4)”;

(b)in paragraph (a) for “Friendly Societies Commission” substitute “Board”.

(4) In subsection (3)—

(a)for “Commission” in the first two places where it occurs substitute “Board”;

(b)for the words from “serve a notice” to the end substitute “give a direction to the society under subsection (4) below.”.

(5) For subsections (4) to (7) substitute—

“(4) A direction under this subsection is that (and has the effect that) the society to which it is given shall cease to be a qualifying society as from the date of the direction.

(5) A society to which a direction is given may, within 30 days of the date on which it is given, appeal against the direction to the Special Commissioners on the ground that—

(a)it has not begun to carry on business as mentioned in subsection (1) above;

(b)subsections (3) and (4) above do not apply to it by reason of subsection (2) above; or

(c)the direction is not necessary for the protection of the revenue.”.

Interpretation of Chapter 2 of Part 12

37.  In section 466(1) (interpretation of Chapter 2)(36)—

(a)in paragraph (a) for the words from “within Class I” to the end substitute “of effecting or carrying out contracts of insurance which fall within paragraphs I, II or III of Part II of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001;”;

(b)in paragraph (d)—

(i)for “Class IV of Head A” substitute “paragraph IV of Part II”;

(ii)in sub-paragraph (ii) for “Class I, II or III of Head A” substitute “paragraphs I, II or III of Part II”.

Authorised unit trusts: interest distributions

38.—(1) Amend section 468L (interest distributions)(37) as follows.

(2) In subsection (12C)—

(a)in the definition of “collective investment scheme” for “75 of the Financial Services Act 1986” substitute “235 of the Financial Services and Markets Act 2000”;

(b)in the definition of “open-ended investment company” for “75(8) of the Financial Services Act 1986” substitute “236 of the Financial Services and Markets Act 2000”.

(3) In subsection (12F)—

(a)in paragraph (a) for “75(8) of the Financial Services Act 1986” substitute “236 of the Financial Services and Markets Act 2000”;

(b)in paragraph (c) for “75(3)(a)” substitute “235(3)(a)”.

Interest payments: meaning of deposit-taker

39.—(1) Amend section 481 (meaning of deposit-taker etc.) as follows.

(2) In subsection (2) for paragraph (b) substitute—

“(b)any person falling within section 840A(1)(b) whose permission under Part 4 of the Financial Services and Markets Act 2000 includes permission to accept deposits which are relevant deposits;

(ba)any company within the meaning of the Companies Act 1985(38)—

(i)in respect of which a resolution has been passed by a local authority under section 48(3) of the Banking Act 1979(39) or section 103(3) of the Banking Act 1987; and

(ii)which is exempt from the prohibition imposed by section 19 of the Financial Services and Markets Act 2000 in relation to the acceptance of deposits which are relevant deposits;”.

(3) Omit subsection (5)(g).

Gifts of shares and securities to charities etc.

40.  In section 587B(9) (gifts of shares and securities to charities etc.)(40) in the definition of “offshore fund” for “of the Financial Services Act 1986” substitute “given by section 235 of the Financial Services and Markets Act 2000”.

Establishment of schemes

41.—(1) Amend section 632 (establishment of schemes)(41) as follows.

(2) In subsection (1)(a) for the words from “is authorised” to the end substitute “has permission under Part 4 of the Financial Services and Markets Act 2000 to effect or carry out contracts of long-term insurance or to manage unit trust schemes authorised under section 243 of that Act;”.

(3) In subsection (1) for paragraph (aa) substitute—

“(aa)an EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3 to the Financial Services and Markets Act 2000 which—

(i)has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to effect or carry out contracts of long-term insurance; and

(ii)fulfils any one of the requirements under subsections (5), (6) or (7) of section 659B(42);

(ab)a firm which has permission under paragraph 4 of Schedule 4 to the Financial Services and Markets Act 2000 (as a result of qualifying for authorisation under paragraph 2 of that Schedule) to manage unit trust schemes authorised under section 243 of that Act;

(ac)a person who qualifies for authorisation under Schedule 5 to the Financial Services and Markets Act 2000;”.

(4) Omit subsection (1)(bb).

(5) In subsection (1) for paragraph (c) substitute—

“(c) a person falling within section 840A(1)(b);”.

(6) In subsection (1)(cc)—

(a)for “an institution authorised under the Banking Act 1987” substitute “a person falling within section 840A(1)(b)”;

(b)for “such an institution” substitute “such a person”.

(7) Omit subsection (1)(d).

(8) In subsection (1)(e) for sub-paragraphs (i) and (ii) substitute—

“(i)is an EEA firm of the kind mentioned in paragraph 5(a), (b) or (c) of Schedule 3 to the Financial Services and Markets Act 2000,

(ii)qualifies for authorisation under paragraph 12(1) or (2) of that Schedule, and

(iii)has permission under that Act to manage portfolios of investments.”.

(9) For subsection (2) and (2ZA) substitute—

“(2) In subsection (1)(a) above “contracts of long-term insurance” means contracts which fall within Part II of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001.”.

(10) Omit subsection (2B).

Pension schemes etc.: meaning of insurance company

42.—(1) Amend section 659B (definition of insurance company) as follows.

(2) For subsection (1) substitute—

“(1) in sections 591(2)(g)(43) and 599(7) “insurance company” means one of the following—

(a)a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to effect or carry out contracts of long-term insurance;

(b)an EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3 to that Act which—

(i)has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to effect or carry out contracts of long-term insurance; and

(ii)fulfils the requirement under subsection (5), (6) or (7) below.

(1A) In subsection (1) above “contracts of long-term insurance” means contracts which fall within Part II of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001.”.

(3) Omit subsections (3), (4) and (10).

Power to modify section 735 to take account of recognised investment exchanges

43.  In section 738(5) (power to modify section 735 to take account of recognised investment exchanges) for “means a recognised investment exchange within the meaning of the Financial Services Act 1986” substitute “has the meaning given by section 285(1)(a) of the Financial Services and Markets Act 2000”.

Amendment of return where general insurance business of foreign company accounted for on a non-annual basis

44.  In section 755B (meaning of general insurance business)(44) for subsection (6) substitute—

“(6) In this section “general insurance business” means business which consists of the effecting or carrying out of contracts which fall within Part I of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001.”.

Material interests in offshore funds

45.  In section 759(1A) (meaning of collective investment scheme)(45) for “same meaning as in the Financial Services Act 1986” substitute “meaning given by section 235 of the Financial Services and Markets Act 2000”.

Interpretation: meaning of “bank”

46.—(1) Amend section 840A (meaning of bank) as follows.

(2) In subsection (1) for paragraphs (b) and (c) substitute—

“(b)a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to accept deposits other than—

(i)a building society within the meaning of the Building Societies Act 1986,

(ii)a friendly society within the meaning of section 116 of the Friendly Societies Act 1992(46),

(iii)a society registered as a credit union under the Industrial and Provident Societies Act 1965(47) or the Credit Unions (Northern Ireland) Order 1985(48), or

(iv)an insurance company within the meaning of section 659B(1);

(c)an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to the Financial Services and Markets Act 2000 which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12(1) of that Schedule) to accept deposits;”.

(3) Omit subsection (2).

Qualifying policies

47.—(1) Amend Schedule 15 (qualifying policies)(49) as follows.

(2) In paragraph 4(3)(b)(i) for “business within class VI of Head A or class I of Head B of Schedule 2 to the Friendly Societies Act 1992” substitute “the business of effecting or carrying out contracts of insurance which fall within paragraph 1 of Part I or paragraph VI of Part II of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001”.

(3) In paragraph 11(1) for the words from “a contract falling” to the end substitute

• “(a)

  a contract of insurance on human life; or

  (b)

  a contract to pay annuities on human life.”.

(4) In paragraph 14(3) for the words from “effected” to “1982” substitute “evidencing a contract of long-term insurance”.

(5) In paragraph 14 after sub-paragraph (3) insert—

“(3A) In sub-paragraph (3) “contract of long-term insurance” means a contract which falls within Part II of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001.”.

Contractual savings schemes: relevant European institutions

48.  In paragraph 3 of Schedule 15A (contractual savings schemes: relevant European institutions)(50) for the words from “an institution which” to the end substitute “an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to the Financial Services and Markets Act 2000 which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to accept deposits.”.

Overseas life insurance companies

49.—(1) Amend Schedule 19AC (modifications of Act in application to overseas life insurance companies)(51) as follows.

(2) In sub-paragraph (1) of paragraph 4 in section 11B(5) treated as inserted by that sub-paragraph—

(a)in paragraph (b) for “39 of the Insurance Companies Act 1982” to the end substitute “43 of the Financial Services and Markets Act 2000 other than an asset not treated as so maintained under that requirement;”;

(b)in paragraph (c) for the words “by virtue of” to the end substitute “under that requirement;”;

(c)in paragraph (d) for “an order under section 68 of the Insurance Companies Act 1982” substitute “a direction under section 148 of the Financial Services and Markets Act 2000”.

(3) In paragraph 4A—

(a)in sub-paragraph (1) for the words from “a transfer” to “1982” substitute “an insurance business transfer scheme”;

(b)in sub-paragraph (2) for “long term insurance” substitute “life insurance”;

(c)for sub-paragraph (3) substitute—

“(3) In sub-paragraph (2) above, “the third life insurance directive” means the Council Directive of 10th November 1992 on the co-ordination of laws, regulations and administrative provisions relating to direct life assurance and amending Directives 79/267/EEC and 90/619/EEC (No.92/96/EEC)(52).”.

(4) In paragraphs 10AA and 11C for the words from “a transfer” to “1982” substitute “an insurance business transfer scheme”.

(5) The amendments made by paragraph (2) above have effect for the purposes of determining whether an asset is a qualifying asset at any time on or after 1st December 2001.

Charities: qualifying investments

50.  In paragraph 6 of Schedule 20 (qualifying investments) for “of the Financial Services Act 1986” substitute “given by section 237(1) of the Financial Services and Markets Act 2000”.

Apportionment in relation to foreign controlled company: exempt activities

51.—(1) Amend paragraph 11 of Schedule 25 (apportionment in relation to foreign controlled company: cases where section 747(3) does not apply) as follows.

(2) In sub-paragraph (1) for paragraph (g) substitute—

“(g)the effecting or carrying out of contracts of insurance; and”.

(3) After sub-paragraph (1) add—

“(1A) For the purposes of sub-paragraph (1)(g) above “contract of insurance” has the meaning given by Article 3(1) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001.”.

Miscellaneous amendments

52.—(1) In the following provisions for “long term business fund” substitute “long-term insurance fund”—

(a)section 333B(1), (2)(b), (3) and (9) (in the definition of “long term business fund”);

(b)section 431(2) (in the definition of “long term business fund”);

(c)section 432A(1)(a) and (9B) (in paragraph (b) in the definition of “investment reserve”)(53);

(d)section 432AA(2), (3) and (5)(54);

(e)section 438(1)(55);

(f)section 438B(1)(56);

(g)section 440(4)(e)(57);

(h)section 440A(2)(d)(58);

(i)section 440B(3)(a)(59);

(j)section 755A(1)(c), (5), (7) and (12) (in the definition of “long term business fund”)(60);

(k)the following paragraphs of Schedule 19AA(61)—

(i)paragraph 2(1)(b), (2) (twice) and (3) (four times);

(ii)paragraph 3(1)(a), (2)(a) and (3)(a);

(iii)paragraph 4(1), (2) and (5) (in paragraph (b) in the definition of “investment reserve”);

(l)the following paragraphs of Schedule 19AC(62)—

(i)paragraph 3(2) (in section 11(2)(c) treated as inserted) and (3) (in section 11(2A)(b) treated as inserted);

(ii)paragraph 6(1) (in paragraph (a) in the definition of “investment reserve” treated as substituted in section 431(2));

(iii)paragraph 10C(1) (in section 440B(3)(a) treated as substituted);

(iv)paragraph 14A(2) (in paragraph 6(a) and (c) treated as inserted in Schedule 19AA).

(2) In the following provisions for “long term” substitute “long-term”—

(a)section 431(2) (in the definition of “long term business fund”);

(b)section 432ZA(2)(a) and (b), (3) and (7) (twice)(63);

(c)section 432A(2)(f), (8)(a) (twice) and (b) and (9B) (in the first place where it occurs in the definition of “investment reserve”);

(d)section 432AA(4)(d);

(e)section 432C(1)(64);

(f)section 432D(1)(65);

(g)section 440B(4) (in section 440A(2)(a) treated as substituted);

(h)section 444A(5)(66);

(i)section 463(1), (2) and (3)(67);

(j)section 466(2) (in the definition of “long term business”)(68);

(k)section 804B(4)(b) and (5)(b)(69);

(l)section 804C(13)(b)(70);

(m)the following paragraphs of Schedule 19AA—

(i)paragraph 2(3)(d) (in the second place where it occurs);

(ii)paragraph 4(2)(a) and (b), (4)(b) and (5) (in the first place where it occurs in the definition of “investment reserve”);

(n)paragraph 5(5)(a) and (b) of Schedule 19AB(71);

(o)the following paragraphs of Schedule 19AC—

(i)paragraph 6(1) (in paragraph (b) in the definition of “investment reserve” treated as substituted in section 431(2));

(ii)paragraph 7(2)(a), (3)(a) and (b);

(iii)paragraph 10C(2) (in section 440B(4)(a) treated as substituted);

(iv)paragraph 14A(2) (in paragraph 6(b) treated as inserted in Schedule 19AA).

The Finance Act 1988 (c. 39)

Meaning of “financial trading stock” in relation to a building society

53.  In paragraph 2(3) of Schedule 12 to the Finance Act 1988 (meaning of “financial trading stock” in relation to a building society)(72) for the words from “such of the assets” to the end substitute

• “those assets held by the society that—

  (a)

  are of such proportion and composition as will enable it at all times to meet its liabilities as they arise, and

  (b)

  constitute trading stock for the purposes of section 100 of the Taxes Act 1988(73).”.

The Finance Act 1989 (c. 26)

Introduction

54.  Amend the Finance Act 1989 in accordance with Articles 55 to 60.

Calculation of profits

55.—(1) Amend section 82 (calculation of profits) as follows.

(2) In subsection (1)(b) for “its return for the purposes of the Insurance Companies Act 1982” substitute “the return deposited with the Financial Services Authority under section 9.6 of the Prudential Sourcebook (Insurers)”.

(3) After subsection (1) insert—

“(1A) In subsection (1)(b) above “the Prudential Sourcebook (Insurers)” means the Interim Prudential Sourcebook for Insurers made by the Financial Services Authority under the Financial Services and Markets Act 2000.”.

(4) This Article has effect in relation to periods of account ending on or after 1st December 2001.

Computation of profits of life assurance companies

56.—(1) Amend section 83 (receipts to be brought into account in relation to profits of life assurance business computed under Schedule D, Case I)(74) as follows.

(2) In subsection (6) for paragraph (a) substitute—

“(a)a transfer, under an insurance business transfer scheme, of business which consists of the effecting or carrying out of contracts of long-term insurance;”.

(3) After subsection (6) insert—

“(6A) In subsection (6)(a) above—

“insurance business transfer scheme” means a scheme falling within section 105 of the Financial Services and Markets Act 2000, including an excluded scheme falling within Case 2, 3 or 4 of subsection (3) of that section;

“contracts of long-term insurance” means contracts which fall within Part II of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001.”.

(4) This Article has effect in relation to any transfer under a scheme falling within section 105 of the Financial Services and Markets Act 2000, including an excluded scheme falling within Case 2, 3 or 4 of subsection (3) of that section.

Meaning of “brought into account”

57.—(1) In section 83A(2) (meaning of “brought into account”)(75)—

(a)in paragraph (a) for “the Insurance Companies Act 1982” substitute “Chapter 9 of the Prudential Sourcebook (Insurers)”;

(b)in paragraph (b) for “under that Act” substitute “under that Chapter”;

(c)for the words from “Paragraph (b)” to the end substitute “In paragraph (a) “the Prudential Sourcebook (Insurers)” means the Interim Prudential Sourcebook for Insurers made by the Financial Services Authority under the Financial Services and Markets Act 2000.”.

(2) This Article has effect in relation to periods of account ending on or after 1st December 2001.

Policy holders' share of profits

58.—(1) Amend section 89 (policy holders' share of profits)(76) as follows.

(2) In subsection (6) for “the Insurance Companies Act 1982” substitute “Chapter 9 of the Prudential Sourcebook (Insurers)”.

(3) For subsection (7) substitute—

“(7) In this section—

“Case I profits” means profits computed in accordance with the provisions of the Taxes Act 1988 applicable to Case I of Schedule D;

“the Prudential Sourcebook (Insurers)” means the Interim Prudential Sourcebook for Insurers made by the Financial Services Authority under the Financial Services and Markets Act 2000.”.

(4) This Article has effect in relation to periods of account ending on or after 1st December 2001.

Modification of section 83A in relation to overseas life insurance companies

59.—(1) Amend paragraph 1B of Schedule 8A (modification of section 83A in relation to overseas life insurance companies)(77) as follows.

(2) For “the Insurance Companies Act 1982” substitute “Chapter 9 of the Prudential Sourcebook (Insurers)”.

(3) Renumber the existing provision (as amended by paragraph (2)) as sub-paragraph (1) and after that sub-paragraph insert—

“(2) In sub-paragraph (1) “the Prudential Sourcebook (Insurers)” means the Interim Prudential Sourcebook for Insurers made by the Financial Services Authority under the Financial Services and Markets Act 2000.”.

(4) This Article has effect in relation to periods of account ending on or after 1st December 2001.

Miscellaneous amendments

60.—(1) In the following places for “long term business” substitute “long-term insurance”—

(a)section 83(2)(a), (3) and (8) (in the definition of “add”);

(b)the sidenote to section 83AA and subsections (2) (in the definition of “relevant amount”), (3) and (4) of that section(78);

(c)section 83AB(1) and (3);

(d)paragraph 1A(4) (twice) and (5) of Schedule 8A(79).

(2) In the following provisions for “long term” substitute “long-term”—

(a)section 83A(2)(a);

(b)paragraph 1B of Schedule 8A.

(3) In section 89(5)(a) for “business” substitute “insurance”.

The Taxation of Chargeable Gains Act 1992 (c. 12)

Introduction

61.  Amend the Taxation of Chargeable Gains Act 1992 in accordance with Articles 62 to 73.

Unit trust schemes

62.—(1) In section 99(2)(a) (application of Act to unit trust schemes) for “same meaning as in the Financial Services Act 1986” substitute “meaning given by section 237(1) of the Financial Services and Markets Act 2000”.

(2) In section 102(3) (collective investment schemes with property divided into separate parts) for “the Financial Services Act 1986” substitute “section 235 of the Financial Services and Markets Act 2000”.

Qualifying corporate bonds: meaning of permanent interest bearing share

63.—(1) In section 117(11) (meaning of permanent interest bearing share) for paragraph (b) substitute—

“(b)“permanent interest bearing share” means a share which is a permanent interest bearing share within the meaning of, and is eligible for inclusion in the calculation for capital adequacy in accordance with, the Prudential Sourcebook (Building Societies) as that Sourcebook applies in relation to shares issued on the date that the share is issued,

and in paragraph (b) above “the Prudential Sourcebook (Building Societies)” means the Interim Prudential Sourcebook for Building Societies made by the Financial Services Authority under the Financial Services and Markets Act 2000(80).”.

(2) This Article has effect in relation to shares in a building society issued on or after 1st December 2001.

Commodity and financial futures etc.

64.—(1) Amend section 143 (commodity and financial futures etc.)(81) as follows.

(2) In subsections (3)(a) and (b) and (7)(b) omit “or listed institution”.

(3) For subsection (8) substitute—

“(8) In this section “authorised person” means a person who—

(a)falls within section 31(1)(a), (b) or (c) of the Financial Services and Markets Act 2000, and

(b)has permission under that Act to carry on one or more of the activities specified in Article 14 and, in so far as it applies to that Article, Article 64 of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001.”.

Options and forfeited deposits

65.  In section 144(8)(c) (options and forfeited deposits)—

(a)in sub-paragraph (i) for the words from “authorised” to “that Act” substitute “authorised person within the meaning given by section 143(8)”;

(b)in sub-paragraph (iii) omit “or institution” (twice).

Transfer of insurance business

66.—(1) In section 211 (transfer of long-term business)(82) for subsection (1) substitute—

“(1) This section applies where an insurance business transfer scheme has effect to transfer business which consists of the effecting or carrying out of contracts of long-term insurance from one person (“the transferor”) to another (“the transferee”).

(1A) In subsection (1)—

“insurance business transfer scheme” means a scheme falling within section 105 of the Financial Services and Markets Act 2000, including an excluded scheme falling within Case 2, 3 or 4 of subsection (3) of that section;

“contracts of long-term insurance” means contracts which fall within Part II of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001.”.

(2) This Article has effect in relation to any transfer under a scheme falling within section 105 of the Financial Services and Markets Act 2000, including an excluded scheme falling within Case 2, 3 or 4 of subsection (3) of that section.

Spreading of gains and losses accruing as a result of deemed disposal under section 212

67.—(1) In section 213(5) (spreading of gains and losses accruing as a result of deemed disposal under section 212)(83) for the words from “there” to “1982” substitute “an insurance business transfer scheme has effect to transfer business which consists of the effecting or carrying out of contracts of long-term insurance from one person (“the transferor”) to another (“the transferee”)”.

(2) This Article has effect in relation to any transfer under a scheme falling within section 105 of the Financial Services and Markets Act 2000, including an excluded scheme falling within Case 2, 3 or 4 of subsection (3) of that section.

Gains not eligible for taper relief

68.—(1) In section 214C(3) (gains not eligible for taper relief)(84) for the definition of “insurance company” substitute—

““insurance company” means an undertaking carrying on the business of effecting or carrying out contracts of insurance and, for the purposes of this definition, “contract of insurance” has the meaning given by Article 3(1) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001;”.

(2) This Article has effect for the purposes of determining whether, at any time on or after 1st December 2001, a company is a mutual company within the meaning of section 214C(3) of the Taxation of Chargeable Gains Act 1992.

Application of Act to recognised investment exchanges

69.  In section 285 (power to provide for provisions referring to The Stock Exchange to have effect in relation to recognised investment exchanges) for “of the Financial Services Act 1986” substitute “given by section 285(1)(a) of the Financial Services and Markets Act 2000”.

Interpretation

70.  In section 288(1) (interpretation) in the definition of “collective investment scheme” for “same meaning as in the Financial Services Act 1986” substitute “meaning given by section 235 of the Financial Services and Markets Act 2000”.

Application of taper relief: special rules for assets acquired in the reconstruction of mutual businesses etc.

71.—(1) In paragraph 18(3) of Schedule A1 (application of taper relief: special rules for assets acquired in the reconstruction of mutual businesses etc.)(85) for the definition of “insurance company” substitute—

““insurance company” means an undertaking carrying on the business of effecting or carrying out contracts of insurance and, for the purposes of this definition, “contract of insurance” has the meaning given by Article 3(1) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001;”.

(2) This Article has effect for the purposes of determining whether, at any time on or after 1st December 2001, a company is a mutual company within the meaning of paragraph 18 of Schedule A1 to the Taxation of Chargeable Gains Act 1992.

Overseas life insurance companies

72.—(1) In paragraphs 9A and 11(1A) of Schedule 7B (modification of Act in relation to overseas life insurance companies)(86) for the words from “a transfer” to “1982” substitute “an insurance business transfer scheme”.

(2) This Article has effect in relation to any transfer under a scheme falling within section 105 of the Financial Services and Markets Act 2000, including an excluded scheme falling within Case 2, 3 or 4 of subsection (3) of that section.

Miscellaneous amendments

73.—(1) In the following provisions for “long term business” substitute “long-term insurance”—

(a)section 212(1);

(b)paragraph 8(2) (in section 185(4A)(a) and (b) treated as inserted) and (3) (in section 185(5)(ba) treated as inserted) of Schedule 7B;

(2) In the following provisions for “long term” substitute “long-term”—

(a)section 213(4) and (7);

(b)paragraph 11(1) of Schedule 7B.

The Finance (No. 2) Act 1992 (c. 48)

Special provisions in relation to banks etc. in compulsory liquidation

74.—(1) In paragraph 1(1) of Schedule 12 to the Finance (No. 2) Act 1992 (banks etc. in compulsory liquidation: application)—

(a)in paragraph (b) for the words from “deposit-taking” to the end substitute

• “business of accepting deposits as—

  (i)

  a person falling within section 840A(1)(b) of the Taxes Act 1988, or

  (ii)

  an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to the Financial Services and Markets Act 2000 with permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation by virtue of paragraph 12 of that Schedule) to accept deposits,”;

(b)in paragraph (c) for “deposit-taking business” substitute “business of accepting deposits”.

(2) This Article has effect in relation to—

(a)any period mentioned in paragraph 1(2) of Schedule 12 to the Finance (No. 2) Act 1992 (“a relevant period”) which begins on or after 1st December 2001; or

(b)any part of a relevant period which falls on or after that date.

The Finance Act 1993 (c. 34)

Introduction

75.  Amend the Finance Act 1993 in accordance with Articles 76 to 82.

Deferral of unrealised gains

76.—(1) Amend section 143 (deferral of gains: supplementary) as follows.

(2) In subsection (5)(a) for “long term” substitute “long-term”.

(3) In subsection (6) for the definition of “long term insurance business” substitute—

““long-term insurance business” means business which consists of the effecting or carrying out of contracts which fall within Part II of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001;”.

Early termination of currency contract

77.  In section 146(16)(a) (early termination of currency contract) for “long term” substitute “long-term”.

Insurance companies

78.  In section 168(7) (insurance companies)(87) for the words from “any insurance” to the end substitute “the business of effecting or carrying out contracts of insurance and, for the purposes of this subsection, “contract of insurance” has the meaning given by Article 3(1) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001.”.

Interpretation

79.  In section 184(1) (interpretation) for the definition of “premiums trust fund” substitute—

““premium trust fund” means a trust fund into which premiums receivable by members are paid in compliance with a trust deed under section 10.3 of the Lloyd’s Sourcebook made by the Financial Services Authority under the Financial Services and Markets Act 2000(88);”.

Exchange gains and losses: alternative calculations

80.—(1) Amend paragraph 2 of Schedule 15 (power to make provision about alternative calculations in relation to exchange gains and losses where asset held in exempt circumstances) as follows.

(2) In sub-paragraph (4)(a) for “long term” substitute “long-term”.

(3) In sub-paragraph (5) for the definition of “long term insurance business” substitute—

““long-term insurance business” means business which consists of the effecting or carrying out of contracts which fall within Part II of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001;”.

Exchange gains and losses: chargeable gains

81.—(1) Amend Schedule 17 (exchange gains and losses: chargeable gains) as follows.

(2) In paragraph 3—

(a)in sub-paragraph (2)(a) for “long term” substitute “long-term”;

(b)in sub-paragraph (3) for the definition of “long term insurance business” substitute—

““long-term insurance business” means business which consists of the effecting or carrying out of contracts which fall within Part II of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001;”.

(3) In paragraph 7(4)—

(a)in paragraph (a) for “long term” substitute “long-term”;

(b)for the words immediately after paragraph (b) substitute “and “long-term insurance business” means business which consists of the effecting or carrying out of contracts which fall within Part II of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001.”.

Miscellaneous amendments

82.  In the following places for “premiums” substitute “premium”—

(a)section 171(2B)(89);

(b)section 172(1)(b)(90);

(c)the sidenote to section 174 and subsections (1)(a), (2) and (3) of that section(91);

(d)section 182(1)(ca)(92);

(e)section 184(1) (in the definition of “ancillary trust fund”) and (2)(b)(93);

(f)paragraph 1(b) of Schedule 19;

(g)the following paragraphs of Schedule 20—

(i)paragraph 4(1) and (2);

(ii)paragraph 5(1).

The Finance Act 1994 (c. 9)

Introduction

83.  Amend the Finance Act 1994 in accordance with Articles 84 to 87.

Interest rate and currency contracts

84.—(1) Amend section 177(1) (interpretation of Chapter 2 of Part 4: interest rate and currency contracts)(94) as follows.

(2) In the definition of “bank” for paragraphs (b) and (c) substitute—

“(b)any person falling within section 840A(1)(b) of the Taxes Act 1988; and

(c)any firm falling within section 840A(1)(c) of that Act;”.

(3) Omit the definitions of “deposit” and “European authorised institution”.

(4) For the definition of “financial trader” substitute—

• ““financial trader” means—

  (a)

  any person who—

  (i)

  falls within section 31(1)(a), (b) or (c) of the Financial Services and Markets Act 2000, and

  (ii)

  has permission under that Act to carry on one or more of the activities specified in Article 14 and, in so far as it applies to that Article, Article 64 of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001; or

  (b)

  any person not falling within paragraph (a) above who is approved by the Board for the purposes of this paragraph;”.

(5) In the definition of “insurance company” for the words from “carries” to the end substitute “effects or carries out contracts of insurance and, for the purposes of this definition, “contract of insurance” has the meaning given by Article 3(1) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001;”.

(6) Omit the definition of “investment business”.

Interpretation

85.  In section 230 (interpretation) for the definition of “premiums trust fund” substitute—

““premium trust fund” means a trust fund into which premiums receivable by members are paid in compliance with a trust deed under section 10.3 of the Lloyd’s Sourcebook made by the Financial Services Authority under the Financial Services and Markets Act 2000;”.

Provisions relating to the Railways Act 1993

86.—(1) In paragraph 19(7) of Schedule 24 (provisions relating to the Railways Act 1993(95): leased assets) in the definition of “securities” for “142 of the Financial Services Act 1986” substitute “74(5) of the Financial Services and Markets Act 2000”.

(2) This Article has effect in relation to disposals of securities made on or after 1st December 2001.

Miscellaneous amendments

87.  In the following places for “premiums” substitute “premium”—

(a)section 219(2), (4) and (4B)(96);

(b)section 220(1) and (2)(b);

(c)the sidenote to section 222 and subsections (1)(a), (2) and (3) of that section;

(d)section 226(2) and (3);

(e)section 229(ca)(97);

(f)section 230(1) (in the definition of “ancillary trust fund”) and (2)(a)(i).

The Finance Act 1995 (c. 4)

Introduction

88.  Amend the Finance Act 1995 in accordance with Articles 89 to 91.

Persons not treated as UK representatives

89.  In section 127(17) (persons not treated as UK representatives: interpretation) for the definitions of “collective investment scheme” and “participant” substitute—

• ““collective investment scheme” has the meaning given by section 235 of the Financial Services and Markets Act 2000 and “participant”, in relation to such a scheme, shall be construed in accordance with that section;”.

Open-ended investment companies

90.  In section 152(6) (power of the Treasury to make regulations in relation to tax treatment of open-ended investment companies) for the definition of “open-ended investment company” substitute—

• ““open-ended investment company” shall have the meaning given by section 236 of the Financial Services and Markets Act 2000;”.

Contractual savings schemes

91.—(1) Amend Schedule 12 (contractual savings schemes) as follows.

(2) In paragraph 7(2)(a) for “an institution authorised under the Banking Act 1987” substitute “a person falling within section 840A(1)(b) of the Taxes Act 1988”.

(3) In paragraph 8(4) for paragraph (b) substitute—

“(b) any person falling within section 840A(1)(b) of the Taxes Act 1988;”.

The Finance Act 1996 (c. 8)

Introduction

92.  Amend the Finance Act 1996 in accordance with Articles 93 to 96.

Mis-sold personal pensions

93.—(1) Amend section 148(6) (mis-sold personal pensions: interpretation) as follows.

(2) In the definition of “bad investment advice” for paragraph (d) substitute—

“(d)by reason of a contravention which is actionable—

(i)under section 62 of the Financial Services Act 1986; or

(ii)under section 150 of the Financial Services and Markets Act 2000;”.

(3) For the definition of “investment advice” substitute—

• ““investment advice”—

  (a)

  in relation to a time before 1st December 2001, means advice such as is mentioned in paragraph 15 of Schedule 1 to the Financial Services Act 1986; and

  (b)

  in relation to a time on or after that date, means advice such as is mentioned in Article 53 of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001;”.

Loan relationships: continuity of treatment

94.—(1) Amend paragraph 12 of Schedule 9 (loan relationships: continuity of treatment) as follows.

(2) In sub-paragraph (1) for paragraph (c) substitute—

“(c)a transfer between two companies of business consisting of the effecting or carrying out of contracts of long-term insurance which has effect under an insurance business transfer scheme;”.

(3) For paragraph (9) substitute—

“(9) In this paragraph—

“contracts of long-term insurance” means contracts which fall within Part II of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001;

“insurance business transfer scheme” means a scheme falling within section 105 of the Financial Services and Markets Act 2000, including an excluded scheme falling within Case 2, 3 or 4 of subsection (3) of that section;

“overseas life insurance company” has the same meaning as in Chapter 1 of Part 12 of the Taxes Act 1988.”.

(4) This Article has effect in relation to any transfer under a scheme falling within section 105 of the Financial Services and Markets Act 2000, including an excluded scheme falling within Case 2, 3 or 4 of subsection (3) of that section.

Loan relationships: collective investment schemes

95.—(1) Amend paragraph 8 of Schedule 10 (loan relationships: non-qualifying investment test for collective investment schemes)(98) as follows.

(2) In sub-paragraph (7A)—

(a)in paragraph (a) for “75 of the Financial Services Act 1986” substitute “235 of the Financial Services and Markets Act 2000”;

(b)in paragraph (b) for “75(8) of the Financial Services Act 1986” substitute “236 of the Financial Services and Markets Act 2000”.

(3) In sub-paragraph (7D)—

(a)in paragraph (a) for “75(8) of the Financial Services Act 1986” substitute “236 of the Financial Services and Markets Act 2000”;

(b)in paragraph (c) for “75(3)(a)” substitute “235(3)(a)”.

Miscellaneous amendments

96.—(1) In the following provisions for “long term” substitute “long-term”—

(a)paragraph 12(3) of Schedule 9;

(b)the following paragraphs of Schedule 11(99)—

(i)paragraph 3(b);

(ii)paragraph 3A(1)(b), (2), (3)(a) and (4);

(iii)paragraph 5(1)(a);

(iv)paragraph 6;

(c)paragraph 1(3) of Schedule 15.

(2) In paragraph 3A(1)(a) of Schedule 11 for “long term business” substitute “long-term insurance”.

The Finance Act 1997 (c. 16)

Introduction

97.  Amend the Finance Act 1997 in accordance with Articles 98 to 102.

Payments under certain life insurance policies

98.—(1) Amend section 79 (payments under certain life insurance policies) as follows.

(2) In subsection (5) for paragraph (a) substitute—

“(a) is a contract which falls within paragraph I or III of Part II of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001;”.

(3) In subsection (6) for the words from “of a” to the end substitute “which falls within Part I or II of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 other than a contract which falls within paragraph I or III of Part II of that Schedule.”.

Stamp duty: mergers of authorised unit trusts

99.—(1) In section 95(4) (mergers of authorised unit trusts) in the definition of “authorised unit trust” for “78 of the Financial Services Act 1986” substitute “243 of the Financial Services and Markets Act 2000”.

(2) This Article has effect in relation to any instrument executed on or after 1st December 2001.

Stamp duty: demutualisation of insurance companies

100.—(1) Amend section 96 (demutualisation of insurance companies) as follows.

(2) In subsection (7) for paragraphs (a) and (b) substitute—

“(a)a transfer from a company to another person of business consisting of the effecting or carrying out of contracts of insurance which is effected under an insurance business transfer scheme; or

(b)a transfer of the whole or any part of the business of a general insurance company carried on through a branch or agency in the United Kingdom which takes place in accordance with any authorisation granted outside the United Kingdom for the purposes of—

(i)Article 11 of the third life assurance directive; or

(ii)Article 12 of the third non-life insurance directive.”.

(3) In subsection (8)—

(a)before the definition of “employee” insert—

• ““contract of insurance” has the meaning given by Article 3(1) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001;”;

(b)for the definition of “insurance company” substitute—

““general insurance company” means a company which has permission under Part 4 of the Financial Services and Markets Act 2000 or under paragraph 15 of Schedule 3 to that Act (as a result of qualifying for authorisation under paragraph 12(1) of that Schedule) to effect or carry out contracts of insurance;

“insurance business transfer scheme” has the same meaning as in Part 7 of the Financial Services and Markets Act 2000;

“insurance company” means a company which carries on the business of effecting or carrying out contracts of insurance;”;

(c)after the definition of “mutual insurance company” insert—

““the third life insurance directive” means the Council Directive of 10th November 1992 on the co-ordination of laws, regulations and administrative provisions relating to direct life assurance and amending Directives 79/267/EEC and 90/619/EEC (No. 92/96/EEC);

“the third non-life insurance directive” means the Council Directive of 18th June 1992 on the co-ordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance and amending Directives 73/239/EEC and 88/357/EEC (NO. 92/49/EEC)(100);”.

(4) This Article has effect in relation to any instrument executed on or after 1st December 2001 which effects a transfer—

(a)under a scheme falling within section 105 of the Financial Services and Markets Act 2000, including an excluded scheme falling within Case 2, 3 or 4 of subsections (3) of that section; or

(b)in relation to which section 116 of the Financial Services and Markets Act 2000 applies.

Stamp duty reserve tax: mergers of authorised unit trusts

101.—(1) In section 100(4) (mergers of authorised unit trusts) in the definition of “authorised unit trust” for “78 of the Financial Services Act 1986” substitute “243 of the Financial Services and Markets Act 2000”.

(2) This Article has effect in relation to—

(a)an agreement to transfer chargeable securities which is not conditional, if the agreement is made on or after 1st December 2001;

(b)a conditional agreement to transfer such securities, if the condition is satisfied on or after that date.

Leasing arrangements—finance leases and loans

102.—(1) Amend Schedule 12 (leasing arrangements—finance leases and loans) as follows.

(2) In paragraph 18—

(a)for the words from “Part II” to “rules)” substitute “the rules contained in Chapter 9 of the Prudential Sourcebook (Insurers)”;

(b)renumber the existing provision (as amended by sub-paragraph (a)) as sub-paragraph (1) and after that sub-paragraph insert—

“(2) In sub-paragraph (1) above “the Prudential Sourcebook (Insurers)” means the Interim Prudential Sourcebook for Insurers made by the Financial Services Authority under the Financial Services and Markets Act 2000.”.

(3) In paragraph 19—

(a)in sub-paragraphs (2), (3) and (4)(b) for “long term business” substitute “long-term insurance”;

(b)in sub-paragraph (4)(c) for “long term” substitute “long-term”.

(4) The amendments made by paragraph (2) above have effect in relation to periods of account ending on or after 1st December 2001.

The Finance Act 1998 (c. 36)

Company tax returns: insurance companies and friendly societies with non-annual actuarial investigations

103.—(1) Amend Schedule 18 to the Finance Act 1998 (company tax returns, assessments and related matters) as follows.

(2) In paragraph 13(2)(c) and (3) for “long term” substitute “long-term”.

(3) In paragraph 86—

(a)in sub-paragraph (1) for “an order under section 68 of the Insurance Companies Act 1982” substitute “a direction under section 148 of the Financial Services and Markets Act 2000”.

(b)in sub-paragraph (3) for “18 of the Insurance Companies Act 1982” substitute “9.4 of the Prudential Sourcebook (Insurers)”;

(c)after sub-paragraph (3) add—

“(4) In sub-paragraph (1) “the Prudential Sourcebook (Insurers)” means the Interim Prudential Sourcebook for Insurers made by the Financial Services Authority under the Financial Services and Markets Act 2000.”.

(4) In paragraph 87—

(a)in sub-paragraphs (1) and (3) for “47 of the Friendly Societies Act 1992” substitute “5.2 of the Prudential Sourcebook (Friendly Societies)”;

(b)after sub-paragraph (3) add—

“(4) In this paragraph “the Prudential Sourcebook (Friendly Societies)” means the Interim Prudential Sourcebook for Friendly Societies made by the Financial Services Authority under the Financial Services and Markets Act 2000(101).”.

(5) The amendments made by paragraphs (3)(b) and (c) and (4) above have effect in relation to periods of account ending on or after 1st December 2001.

The Finance Act 1999 (c. 16)

Stamp duty and stamp duty reserve tax: meaning of unit trust scheme

104.—(1) In paragraph 14(2) of Schedule 19 to the Finance Act 1999 (meaning of unit trust scheme) for “the same meaning as in the Financial Services Act 1986” substitute “the meaning given by section 237(1) of the Financial Services and Markets Act 2000”.

(2) This Article has effect—

(a)for the purposes of stamp duty, in relation to any instrument executed on or after 1st December 2001;

(b)for the purposes of stamp duty reserve tax, in relation to—

(i)an agreement to transfer chargeable securities which is not conditional, if the agreement is made on or after 1st December 2001;

(ii)a conditional agreement to transfer such securities, if the condition is satisfied on or after that date;

(iii)a surrender (as referred to in Part 2 of Schedule 19 to the Finance Act 1999) which occurs on or after that date.

The Finance Act 2000 (c. 17)

Introduction

105.  Amend the Finance Act 2000 in accordance with Articles 106 and 107.

General insurance reserves

106.—(1) Amend section 107(7) (general insurance reserves) as follows.

(2) For the definition of “general business” substitute—

““general business” means business which consists of the effecting or carrying out of contracts that fall within Part I of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001;”.

(3) In the definition of “general insurer” for paragraphs (a) and (b) substitute—

“(a)a person (other than a friendly society) who has permission under Part 4 of the Financial Services and Markets Act 2000 to effect or carry out contracts that fall within Part I of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001;

(b)an EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3 to that Act which has permission under paragraph 15 of Schedule 3 to that Act (as a result of qualifying for authorisation under paragraph 12(1) of that Schedule) to effect or carry out such contracts;

(ba)a firm which has permission under paragraph 4 of Schedule 4 to that Act (as a result of qualifying for authorisation under paragraph 2 of that Schedule) to effect or carry out such contracts;”.

Employee share ownership plans

107.  In paragraph 39(3) of Schedule 8 (partnership share money held for employees)—

(a)for sub-paragraph (a) substitute—

“(a) a person falling within section 840A(1)(b) of the Taxes Act 1988,”;

(b)for sub-paragraph (c) substitute—

“(c) a firm falling within section 840A(1)(c) of that Act,”.

The Capital Allowance Act 2001 (c. 2)

Transfer of insurance company business

108.—(1) Amend section 560 of the Capital Allowance Act 2001 (transfer of insurance company business) as follows.

(2) In subsection (1)(b)(i) for the words from “a scheme” to “or” substitute “an insurance business transfer scheme to transfer business which consists of the effecting or carrying out of contracts of long-term insurance, or”.

(3) In subsection (5)—

(a)omit the word “and” at the end of paragraph (a);

(b)for paragraph (b) substitute—

“(b)“insurance business transfer scheme” means a scheme falling within section 105 of the Financial Services and Markets Act 2000 (c. 8), including an excluded scheme falling within Case 2, 3 or 4 of subsection (3) of that section,

(c)“contracts of long-term insurance” means contracts which fall within Part II of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544), and

(d)“non-resident company” means a company resident outside the United Kingdom.”.

(4) This Article has effect in relation to any transfer under a scheme falling within section 105 of the Financial Services and Markets Act 2000, including an excluded Scheme falling within Case 2, 3 or 4 of subsection (3) of that section.

Consequential repeals and revocations

Repeals and revocations in consequence of the amendments made by this Part

109.  The enactments mentioned in the Schedule to this Order (which include provisions that are spent or are of no practical utility) are repealed or revoked to the extent specified.