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Regulation 12 Conditions for application to open an account that is not a junior ISA account or a Lifetime ISAF40F41

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

F1(1)

An application by an individual to open an account must—

(a)

be made to an account manager in a statement, and

(b)

meet the conditions in paragraphs (2), (3) and (4).

(2)

An application must specify the first year to which the application relates.

(3)

An application F2must contain a declaration by the applicant that—

F3(a)

his application is to F4open a stocks and shares accountF5, cash account or innovative finance account, as the case may be;

(b)

the declaration shall have effect for the year to which paragraph (2) refers, and each successive year following that year, F6until the account is closed;

(c)

all cash subscriptions made, and to be made, to the account are the applicant’s cash;

F7(d)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(e)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ea)

that the applicant has not subscribed, and will not subscribe, more than the F9... overall subscription limit in F10regulation 4ZA(1) (aggregating subscriptions to all accounts)—

(i)

in the year to which paragraph (2) refers, and

(ii)

in each successive year following that year, in which the declaration has effect;

F11(eb)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(f)

the applicant is F1318 years of age or over, and F14except in relation to a subscription made in accordance with regulation 5D F15or 5DZ into an account opened solely to receive such a subscription—

(i)

is resident F16... in the United Kingdom, or

(ii)

F17is a person who has general earnings from overseas Crown employment subject to United Kingdom tax within the meaning given by section 28 of ITEPA 2003, or

(iii)

is married to F18or in a civil partnership with a person mentioned in paragraph (ii),

and will inform the account manager if he ceases to be so resident F19..., or to perform such duties, or to be married to F20or in a civil partnership with a person who performs such duties, as the case may be;

F21(fa)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22(g)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

An application must contain—

(a)

the applicant’s full name,

(b)

the address of his permanent residence, including postcode,

(c)

his national insurance number F23or, where applicable, confirmation that the applicant does not qualify for a national insurance number, F24...

(d)

his date of birthF25,

(e)

the authorisation specified in paragraph (4A)

F26(4A)

The authorisation specified by this paragraph is authority given by the applicant to the account manager—

(a)

to hold the subscriptions, account investments, interest, dividends and any other rights or proceeds in respect of those investments and cash;

(b)

to make on behalf of the applicant any claims to relief from tax in respect of account investments; and

(c)

to make a record in writing in accordance with paragraph (7) where that paragraph requires the account manager to do so.

F27(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

An account manager may not accept as an account investor any individual if he has reason to believe that—

(a)

he is not or might not be a qualifying individual, or

(b)

he has given untrue information in his application.

F28(7)

Where an application is not in writing or the manager operates a record system under which all original written applications are not retained—

(a)

the account manager must, immediately after receiving the application, record in writing on behalf of the applicant, the declaration required by paragraph (3) and authorisation required by paragraphs (4)(e) and (4A);

(b)

the account manager must notify the applicant of the contents of the written record within 5 business days of making it; and

(c)

the written record (as amended by any corrections notified to the account manager by the applicant within 30 days of the notification mentioned in sub-paragraph (b)) shall be treated as the applicant’s declaration required by paragraph (3) and authorisation required by paragraphs (4)(e) and (4A).

F29(7A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)

Section 95 of the Management Act M1 shall have effect as if—

(a)

the statement and declarations to which paragraphs (1), (3) and (7) refer were a statement or declarations, as the case may be, within the meaning of subsection (1)(b), and

(b)

there were substituted for subsection (3) the following words—

“(3)

The relevant years of assessment for the purposes of this section are the year of assessment in respect of which any claim to relief or exemption from tax in connection with which the statement or declarations are relevant, is made, the next following, and any preceding year of assessment.”

F30(9)

An application furnished by an individual under this regulation F31... shall be regarded as in writing if it is furnished—

(a)

by telephonic facsimile transmission containing the signature of the individual, or

(b)

by electronic communication containing an electronic signature of the individual.

(F3210)

Where an account manager is required by paragraph (7) to make a record in writing—

(a)

a record shall be regarded as being a written record if it is produced by electronic means;

(b)

the notification of the contents of the record by the account manager to the applicant required by paragraph (7)(b) may be sent to the applicant by telephonic facsimile transmission or by electronic communication.

(11)

In this regulation—

  • F33“electronic communication” includes any communication conveyed by means of an electronic communications network.

  • “electronic signature” has the meaning given by section 7(2) of the Electronic Communications Act 2000.

F34(11A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F35(12)

An application may be made on an individual’s behalf —

(a)

if the individual is resident in England and Wales—

(i)

pursuant to an order under section 16(2)(a) of the Mental Capacity Act 2005; or

(ii)

by a deputy appointed under section 16(2)(b) of that Act; or

(b)

if the individual is resident in Scotland or Northern Ireland and is suffering from mental disorder, by a parent, guardian, spouse, civil partner, son or daughter of the individual.

F36(13)

In paragraph (12) “mental disorder” has the meaning given by F37... in Scotland, F38section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003 or, in Northern Ireland, Article 3 of the Mental Health (Northern Ireland) Order 1986.

F39(14)

This regulation does not apply to a Lifetime ISA.

Annotations

Textual amendments

F1

Reg. 12(1) substituted (6.4.2024) by The Individual Savings Account (Amendment) Regulations 2024 (S.I. 2024/350), regs. 1, 19(a)

F2

Words in reg. 12(3) substituted (1.11.2011) by The Individual Savings Account (Amendment No. 2) Regulations 2011 (S.I. 2011/1780), regs. 1, 18(c)(i)

F3

Reg. 12(3)(a) substituted (6.4.2008) by The Individual Savings Account (Amendment) Regulations 2007 (S.I. 2007/2119), regs. 1, 15(a)

F4

Words in reg. 12(3)(a) substituted (1.11.2011) by The Individual Savings Account (Amendment No. 2) Regulations 2011 (S.I. 2011/1780), regs. 1, 18(c)(ii)

F5

Words in reg. 12(3)(a) substituted (6.4.2016) by The Individual Savings Account (Amendment No. 2) Regulations 2016 (S.I. 2016/364), regs. 1, 14(a)

F6

Words in reg. 12(3)(b) substituted (6.4.2024) by The Individual Savings Account (Amendment) Regulations 2024 (S.I. 2024/350), regs. 1, 19(b)(i)

F7

Reg. 12(3)(d) omitted (6.4.2024) by virtue of The Individual Savings Account (Amendment) Regulations 2024 (S.I. 2024/350), regs. 1, 19(b)(ii) (with reg. 2)

F8

Reg. 12(3)(e) omitted (6.4.2024) by virtue of The Individual Savings Account (Amendment) Regulations 2024 (S.I. 2024/350), regs. 1, 19(b)(ii) (with reg. 2)

F9

Word in reg. 12(3)(ea) omitted (1.7.2014) by virtue of The Individual Savings Account (Amendment No. 2) Regulations 2014 (S.I. 2014/1450), regs. 1, 18(a)

F10

Words in reg. 12(3)(ea) substituted (1.11.2011) by The Individual Savings Account (Amendment No. 2) Regulations 2011 (S.I. 2011/1780), regs. 1, 18(c)(iii)

F11

Reg. 12(3)(eb) omitted (1.7.2014) by virtue of The Individual Savings Account (Amendment No. 2) Regulations 2014 (S.I. 2014/1450), regs. 1, 18(b)

F12

Reg. 12(3)(f) substituted (6.4.2001) by The Individual Savings Account (Amendment) Regulations 2001 (S.I. 2001/908), regs. 1, 6(a)

F13

Word in reg. 12(3)(f) substituted (6.4.2024) by The Individual Savings Account (Amendment) Regulations 2024 (S.I. 2024/350), regs. 1, 19(b)(iii) (with reg. 2)

F14

Words in reg. 12(3)(f) inserted (1.2.2016) by The Individual Savings Account (Amendment) Regulations 2016 (S.I. 2016/16), regs. 1, 13(c)

F15

Words in reg. 12(3)(f) inserted (6.4.2020) by The Individual Savings Account (Amendment) Regulations 2020 (S.I. 2020/30), regs. 1(1), 7

F16

Words in reg. 12(3)(f)(i) omitted (6.4.2013) by virtue of The Income Tax (Removal of Ordinary Residence) Regulations 2013 (S.I. 2013/605), regs. 1, 4(4) (with reg. 2(a))

F17

Reg. 12(3)(f)(ii) substituted (6.4.2008) by The Individual Savings Account (Amendment) Regulations 2008 (S.I. 2008/704), regs. 1, 10(2)

F18

Words in reg. 12(3)(f)(iii) inserted (5.12.2005) by The Tax and Civil Partnership (No. 2) Regulations 2005 (S.I. 2005/3230), regs. 1, 10(4)(a)(i)

F19

Words in reg. 12(3)(f) omitted (6.4.2013) by virtue of The Income Tax (Removal of Ordinary Residence) Regulations 2013 (S.I. 2013/605), regs. 1, 4(4) (with reg. 2(a))

F20

Words in reg. 12(3)(f) inserted (5.12.2005) by The Tax and Civil Partnership (No. 2) Regulations 2005 (S.I. 2005/3230), regs. 1, 10(4)(a)(ii)

F21

Reg. 12(3)(fa) omitted (6.4.2024) by virtue of The Individual Savings Account (Amendment) Regulations 2024 (S.I. 2024/350), regs. 1, 19(b)(iv)

F22

Reg. 12(3)(g) omitted (1.11.2011) by virtue of The Individual Savings Account (Amendment No. 2) Regulations 2011 (S.I. 2011/1780), regs. 1, 18(c)(v)

F23

Words in reg. 12(4)(c) substituted (4.11.2024 in relation to the tax year 2025-26 and subsequent tax years) by The Individual Savings Account (Amendment) (No. 2) Regulations 2024 (S.I. 2024/1022), regs. 1(1)(2), 7

F24

Word in reg. 12(4) omitted (1.11.2011) by virtue of The Individual Savings Account (Amendment No. 2) Regulations 2011 (S.I. 2011/1780), regs. 1, 18(d)(i)

F25

Reg. 12(4)(e) and preceding comma inserted (1.11.2011) by The Individual Savings Account (Amendment No. 2) Regulations 2011 (S.I. 2011/1780), regs. 1, 18(d)(ii)

F26

Reg. 12(4A) inserted (1.11.2011) by The Individual Savings Account (Amendment No. 2) Regulations 2011 (S.I. 2011/1780), regs. 1, 18(e)

F27

Reg. 12(5) omitted (6.4.2008) by virtue of The Individual Savings Account (Amendment) Regulations 2007 (S.I. 2007/2119), regs. 1, 16

F28

Reg. 12(7) substituted (1.11.2011) by The Individual Savings Account (Amendment No. 2) Regulations 2011 (S.I. 2011/1780), regs. 1, 18(f)

F29

Reg. 12(7A) omitted (1.11.2011) by virtue of The Individual Savings Account (Amendment No. 2) Regulations 2011 (S.I. 2011/1780), regs. 1, 18(g)

F30

Reg. 12(9)-(11) added (6.4.2001) by The Individual Savings Account (Amendment) Regulations 2001 (S.I. 2001/908), regs. 1, 6(b)

F31

Words in reg. 12(9) omitted (8.1.2003) by virtue of The Individual Savings Account (Amendment No. 3) Regulations 2002 (S.I. 2002/3158), regs. 1(2), 5(a)

F32

Reg. 12(10) substituted (1.11.2011) by The Individual Savings Account (Amendment No. 2) Regulations 2011 (S.I. 2011/1780), regs. 1, 18(h)

F33

Words in reg. 12(11) substituted (17.9.2003) by The Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 1(1), Sch. 1 para. 24(1)(c)(2)

F34

Reg. 12(11A) omitted (6.4.2024) by virtue of The Individual Savings Account (Amendment) Regulations 2024 (S.I. 2024/350), regs. 1, 19(c) (with reg. 2)

F35

Reg. 12(12) substituted (6.4.2014) by The Individual Savings Account (Amendment) Regulations 2014 (S.I. 2014/654), regs. 1(1), 10(a)

F36

Reg. 12(12)(13) added (8.1.2003) by The Individual Savings Account (Amendment No. 3) Regulations 2002 (S.I. 2002/3158), regs. 1(2), 5(c)

F37

Words in reg. 12(13) omitted (6.4.2014) by virtue of The Individual Savings Account (Amendment) Regulations 2014 (S.I. 2014/654), regs. 1(1), 10(b)

F38

Words in reg. 12(13) substituted (5.10.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Subordinate Legislation) Order 2005 (S.S.I. 2005/445), arts. 1, 2, Sch. para. 28; The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/2078), art. 1(1), Sch. 2 para. 19

F39

Reg. 12(14) inserted (6.4.2017) by The Individual Savings Account (Amendment No. 2) Regulations 2017 (S.I. 2017/466), regs. 1, 23(b)

F40

Reg. 12 heading inserted (1.11.2011) by The Individual Savings Account (Amendment No. 2) Regulations 2011 (S.I. 2011/1780), regs. 1, 18(a)

F41

Words in reg. 12 heading inserted (6.4.2017) by The Individual Savings Account (Amendment No. 2) Regulations 2017 (S.I. 2017/466), regs. 1, 23(a)

Marginal citations

M1

1970 c.9; section 95 was amended by section 148 of and Schedule 14 Part VIII to the Finance Act 1988 (c.39), by section 163 of the Finance Act 1989 (c.26) and sections 196 and 199 of, and paragraph 27 of Schedule 19, and Schedule 26 Part V(23), to the Finance Act 1994 (c.9).