94Application of Trustee Investments Act 1961 in relation to investment in the nominated holding companies
(1)Subsection (2) below shall have effect for the purpose of applying paragraph 3(b) of Part IV of Schedule 1 to the [1961 c. 62.] Trustee Investments Act 1961 (which provides that shares and debentures of a company shall not count as wider-range and narrower-range investments respectively within the meaning of that Act unless the company has paid dividends in each of the five years immediately preceding that in which the investment is made) in relation to investment, during the first investment year or any following year, in shares or debentures of a company which is the nominated holding company of a successor company.
(2)The company shall be deemed to have paid a dividend as mentioned in the said paragraph 3(b)—
(a)in every year preceding the first investment year which is included in the relevant five years; and
(b)in the first investment year, if that year is included in the relevant five years and that company does not in fact pay such a dividend in that year.
(3)In this section—
“the first investment year”, in relation to a company which is the nominated holding company of a successor company, means the calendar year in which shares in that successor company are first issued, in pursuance of section 83(1) above, to the nominated holding company; and
“the relevant five years” means the five years immediately preceding the year in which the investment in question is made or proposed to be made.