The Government Stock (Amendment) Regulations 2000
The Treasury, in exercise of the powers conferred on them by section 47(1) of the Finance Act 1942, and of all other powers enabling them in that behalf, hereby make the following Regulations.
Title, commencement and interpretation1.
(1)
These Regulations may be cited as the Government Stock (Amendment) Regulations 2000 and shall come into force on 1st July 2000.
(2)
Amendment of Principal Regulations2.
(1)
The Principal Regulations are amended by paragraphs (2) to (13) of this Regulation.
(2)
In Regulation 1(3), at the beginning for “In” insert “Subject (in the case of stock which is a participating security) to any provision made by or under the 1995 Regulations, in”
(3)
In Regulation 2(1), after “1985” insert “and (in the case of stock which is a participating security) any provision made by or under the 1995 Regulations”.
(4)
(5)
In Regulation 4—
(a)
in paragraph (1) after “Regulation” insert “and Regulation 4B”.
(b)
in paragraph (3)—
(i)
at the beginning for “Stock” substitute “Subject to Regulation 4A, stock”, and
(ii)
after “transferred” insert “either in accordance with the 1995 Regulations by means of a relevant system operated by an Operator or”, and
(c)
in paragraph (4)—
(i)
for “through, and only through” substitute “in no other manner than through”, and
(ii)
after “CGO Service” insert “or, in accordance with the 1995 Regulations, by means of a relevant system operated by an Operator”.
(6)
“4A
No transfer of a stock or a strip may be effected through the medium of the CGO Service if such stock or strip is a participating security
4B
No transfer may be effected by instrument in writing of stock which is an uncertificated unit of a security”
(7)
In Regulations 5 and 10, at the beginning for “The” substitute “Subject (in the case of stock which is a participating security) to any provision made by or under the 1995 Regulations, the”
(8)
“(5)
Nothing in this Regulation shall permit or require the Bank to register a transfer of stock which is an uncertificated unit of a security and which is entered in a register in the name of a deceased person, unless the Bank is required to do so by an Operator-instruction, an order of a court in the United Kingdom or by or under an enactment or instrument.”
(9)
“(4)
Nothing in this Regulation shall permit or require notice of any trust to be entered in any register or be receivable by the Bank in relation to stock which is an uncertificated unit of a security.”
(10)
“This Regulation is subject (in the case of stock which is a participating security) to Regulation 4B and to any provision made by or under the 1995 Regulations.”
(11)
Insert as a paragraph—
“This Regulation is subject (in the case of stock which is a participating security) to any provision made by or under the 1995 Regulations”, in—
(a)
Regulations 17 and 18 (and number respectively (7) and (5)) after the last paragraph, and
(b)
Regulations 19 and 20 after the existing paragraph and number the paragraphs (1) and (2).
(12)
In Regulation 23—
(a)
““the 1995 Regulations” means the Uncertificated Securities Regulations 1995 as amended from time to time5
(b)
“(1A)
In these Regulations, “Operator”, “Operator-instruction”, “participating security”, “relevant system” and “uncertificated unit of a security” have the meanings given in the 1995 Regulations.”
(13)
In Schedule 1, after “exempt transfer” insert “nor in accordance with the 1995 Regulations by means of a relevant system operated by an Operator.”
These Regulations amend the Government Stock Regulations 1965 to enable stock which has been transferable through the medium of the CGO Service (referred to below) by means of an exempt transfer (referred to below) to be transferred instead in accordance with the Uncertificated Securities Regulations 1995 by means of a relevant system (within the meaning of the 1995 Regulations) operated by a person, currently only CRESTCo Limited, who has been approved under the 1995 Regulations. Under the 1995 Regulations title to stock may be evidenced otherwise than by a certificate and transferred without a written instrument.
Regulation 2(4) increases the fee payable for defaced, lost or destroyed certificates.
Regulation 2(6) inserts new Regulation 4A into the Principal Regulations. This provides that no stock or strip may be transferred through the CGO Service if it is permitted to be transferred in accordance with the 1995 Regulations.
Regulations 2(8) and 2(9) insert new paragraphs into respectively Regulation 6 and Regulation 12 of the Principal Regulations. This is to make the Principal Regulations consistent with the 1995 Regulations in relation to stock held in uncertificated form.
The CGO Service referred to above is a computer-based system established by the Bank of England and the London Stock Exchange under the Stock Transfer Act 1982 (c. 41) to facilitate the transfer of specified securities within the meaning of that Act which includes gilt edged securities. An exempt transfer referred to in that Act is a transfer made through the medium of the CGO Service.