The Open-ended Investment Companies (Tax) Regulations 1997

General modification—authorised unit trust

5.—(1) Subject to paragraph (2), the modifications specified in this regulation are that references, however expressed, in the Tax Acts and the 1992 Act to—

(a) an authorised unit trust (other than references in a definition of an authorised unit trust, an unauthorised unit trust or a unit trust scheme),

(b) a unit trust scheme as denoting or including (whether expressly or by implication) an authorised unit trust (other than references in a definition of an authorised unit trust, an unauthorised unit trust or a unit trust scheme), and

(c) the trustees of an authorised unit trust within sub-paragraph (a) or of a unit trust scheme within sub-paragraph (b),

shall have effect as if they included references to an open-ended investment company.

(3) The provisions specified in this paragraph are—

(a) section 468(1), (4) and (6) to (9)(1);

(b) section 468L(8), (9)(d) and (10) to (12)(2);

(c) section 469(1)(3);

(d) section 470;

(e) the definition of “company” in section 839(8);

(f) paragraph 6 of Schedule 20;

(g) section 80 of the Finance Act 1989;

(h) section 152(3) of the Finance Act 1993;

(i) section 154(2) of the Finance Act 1994;

(j) paragraphs 3 and 8 of Schedule 10 to the Finance Act 1996(4);

(k) sections 99(1), 100(2) and 272(5) of the 1992 Act.

(1)

Section 468 was amended by section 52(2) of, and Part IV of Schedule 19 to, the Finance Act 1990 (c. 29), section 32(3) of the Finance (No. 2) Act 1992 (c. 48), section 113(1) and (2) of, and paragraph 3 of Schedule 14 and Part V(13) of Schedule 26 to, the Finance Act 1994, and paragraph 10(1) of Schedule 6 to the Finance Act 1996 (c. 8).

(2)

Section 468L was inserted by paragraph 2 of Schedule 14 to the Finance Act 1994 and amended by paragraph 11 of Schedule 6 to the Finance Act 1996 and by S.I. 1997/212.

(3)

Section 469(1) was amended by section 113(3)(a) of the Finance Act 1994 and by Part V(1) of Schedule 41 to the Finance Act 1996.

(4)

Paragraph 8 of Schedule 10 to the Finance Act 1996 was amended by S.I. 1997/213.