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Regulation 3 Amendments to the principal Regulations

Original text. Later amendments are not shown.

(1)

Amend regulation 2 (interpretation) as follows.

(2)

Renumber the existing regulation 2 as paragraph (1) of that regulation.

(3)

In paragraph (1)—

(a)

for the definition of “controlling director” substitute—

  • ““controlling director” in relation to a company means a person who is, or was within the ten years immediately preceding the event in question—

    1. (a)

      a director as defined in section 612(1) of the Taxes Act (interpretation for the purposes of Chapter 1 of Part 14), and

    2. (b)

      within paragraph (b) of section 417(5) of the Taxes Act (meaning of director for the purposes of provisions about close companies);”;

(b)

after the definition of “controlling director” insert—

  • ““electronic communications” includes any communications by means of a telecommunications system (within the meaning of the Telecommunications Act 1984f1);”;

(c)

after the definition of “friendly society” insert—

  • ““governing instrument” in relation to a retirement benefits scheme means a trust deed, or other document by which the scheme is established, and any other document (except an enactment) which contains provisions by which the administration of the scheme is governed;”;

(d)

after the definition of “shares” insert—

  • ““signed” in relation to a document includes the incorporation in it, or the logical association with it, of an electronic signature, as defined in section 7(2) of the Electronic Communications Act 2000f2;”;

(e)

for the definition of “small self-administered scheme” substitute—

  • ““small self-administered scheme” means an approved scheme which is a small self-administered scheme within the meaning given by regulation 2(1) of the 1991 Regulationsf3; and”;

(f)

omit the definition of “unlisted company”.

(4)

After paragraph (1) add—

“(2)

In these Regulations, a reference to a notice or other document (other than a consent under paragraph (3) below) includes a notice or other document in such form and delivered by such means of electronic communications as the Board may approve by directions.

(3)

The Board or an officer of theirs shall only deliver a notice or other document under these Regulations to a person by means of electronic communications if that person—

(a)

has given his consent in writing to the delivery of documents by the Board by that means; and

(b)

has not notified the Board that that consent has been withdrawn.”.

Annotations

Footnotes

f1

1984 c. 12.

f2

2000 c. 7.

f3

The definition was substituted by regulation 3(b) of S.I. 1998/728 and amended by regulation 2(5) of S.I. 2000/1086.