SCHEDULES

SCHEDULE 2Transitionals and savings etc.

Part 6Savings and investment income: insurance contracts and policies made before certain dates

Pre-17th March 1998 policy or contract: UK resident trustees

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1

In the case of a 1998 Act excluded policy or contract, section 467 (person liable: UK resident trustees) does not apply if—

a

the trusts were created before 17th March 1998, and

b

the person or at least one of the persons who created them was an individual who died before that date.

2

For the purposes of sub-paragraph (1)(b), section 472(1) is ignored.

3

In this paragraph “a 1998 Act excluded policy or contract” means—

a

a policy of life insurance issued in respect of an insurance made before 17th March 1998,

b

a contract for a life annuity made before that date, or

c

a capital redemption policy where the contract was made before that date,

but excluding a policy or contract within sub-paragraph (4).

4

A policy or contract is within this sub-paragraph if it has been varied on or after 17th March 1998 so as—

a

to increase the benefits secured, or

b

to extend the term of the insurance, annuity or capital redemption policy.

5

Any exercise of rights conferred by a policy or contract counts as its variation for the purposes of sub-paragraph (4).