Article 11 Amendment of Part 9 of Schedule 26 to the Finance Act 2002

Amend paragraph 44 as follows.

For sub-paragraph (1) substitute—

“(1)

This paragraph applies where—

(a)

a company is party to a relevant contract which is a derivative contract whose underlying subject matter consists, or is treated as consisting, wholly of shares or rights of a unit holder under a unit trust scheme,

(b)

the company entered into or acquired the relevant contract for the purposes of a trade carried on by it,

(c)

at any time (“the relevant time”) the relevant contract ceases to be held for those purposes,

(d)

the company continues to be party to the relevant contract after the relevant time, and

(e)

if the company had entered into or acquired the contract immediately after the relevant time, the relevant contract would not have been a derivative contract.”.

After sub-paragraph (2) insert—

“(3)

Paragraph 9 applies for the purpose of determining whether the underlying subject matter of a relevant contract is to be treated as consisting wholly of the property referred to in sub-paragraph (1)(a).”.