PART 3REPORTING FUNDS AND THE TREATMENT OF PARTICIPANTS IN REPORTING FUNDS

CHAPTER 6TRANSACTIONS BY CERTAIN REPORTING FUNDS WHICH ARE NOT TREATED AS TRADING

Investment transactions carried out by diversely owned funds

Meaning of “relevant contract”: general82

1

For the purposes of regulation 81(b) a relevant contract is—

a

an option,

b

a future, or

c

a contract for differences.

2

For the purposes of this regulation an option, a future or a contract for differences which relates to land will only be a relevant contract where the option, the future or the contract for differences uses an index referred to in regulation 86(1)(b) and the index is—

a

publicly accessible,

b

comprised of a significant number of properties, and

c

not maintained by—

i

the diversely owned fund,

ii

the manager of the diversely owned fund, or

iii

a person connected with the diversely owned fund or the manager of the diversely owned fund.

3

For the purposes of this regulation—

a

sections 993 and 994 of ITA 2007 (connected persons) apply where the manager is a person other than a company, and

b

section 839 of ICTA M1 (connected persons) applies in the case of a diversely owned fund or where the manager is a person who is a company.