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Finance Act 2011

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This is the original version (as it was originally enacted).

“Excluded entity”

73(1)“Excluded entity” means an entity which is—

(a)an insurance company or an insurance special purpose vehicle,

(b)an entity which is a member of a group and does not carry on any relevant regulated activities otherwise than on behalf of an insurance company or insurance special purpose vehicle which is a member of the group,

(c)an entity which does not carry on any relevant regulated activities otherwise than as the manager of a pension scheme,

(d)an investment trust (within the meaning given by section 1158 of CTA 2010),

(e)an entity which does not carry on any relevant regulated activities other than asset management activities,

(f)an exempt BIPRU commodities firm,

(g)an entity which does not carry on any relevant regulated activities otherwise than for the purpose of trading in commodities or commodity derivatives,

(h)an entity which does not carry on any relevant regulated activities otherwise than for the purpose of dealing in contracts for differences—

(i)as principal with persons all or all but an insignificant proportion of whom are retail clients, or

(ii)with another person to enable the entity or other person to deal in contracts for differences as principal with persons all or all but an insignificant proportion of whom are retail clients,

(i)a society incorporated under the Friendly Societies Act 1992,

(j)a society registered as a credit union under the Industrial and Provident Societies Act 1965 or the Credit Unions (Northern Ireland) Order 1985 (S.I. 1985/1205 (N.I. 12)), or

(k)a building society.

(2)In sub-paragraph (1)(a) and (b) “insurance company” and “insurance special purpose vehicle” have the meaning given by section 431(2) of ICTA.

(3)In sub-paragraph (1)(b) “group” means a group for the purposes of—

(a)the provisions mentioned in paragraph 4(3), or

(b)the provisions of US GAAP mentioned in paragraph 4(6)(a)(iii).

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