The Personal Equity Plan (Amendment) Regulations 1998

Amendments to the principal Regulations

12.  In regulation 27(1) for paragraphs (2) to (3) there shall be substituted—

“(2) Sections 104 to 114 of the Taxation of Chargeable Gains Act 1992 shall apply for the purposes of pooling and identifying plan investments as if—

(a) in section 106A(2) after subsection (11) there were added—

“(12) This section and sections 104, 110, 110A and 114—

(a) shall apply separately in relation to any securities which are held by a person as plan investments so long as they are so held, and

(b) shall apply in relation to any such securities which became plan investments by being transferred or renounced to a plan manager or to a nominee for a plan manager in the circumstances specified in regulation 4(2A)(a), (b) or (c) or 4A(2) as if they had been plan investments—

(i) in the case of securities which were transferred or renounced in the circumstances specified in regulation 4(2A)(a), (b) or (c), and in the case of securities acquired by that person in accordance with the provisions of a savings-related share option scheme which were transferred in the circumstances specified in regulation 4A(2), from the date of their acquisition by him, or

(ii) in the case of securities appropriated to that person in accordance with the provisions of an approved profit sharing scheme which were transferred in the circumstances specified in regulation 4A(2), from the date when he directed the trustees to transfer the ownership of the securities to him or, if earlier, the release date in relation to those securities, and

(c) while applying separately to any such securities, shall have effect as if that person held them in a capacity other than that in which he holds any other securities of the same class whether under another such plan or otherwise.

(13) In this section—

(a) “plan”, “plan investment” and “plan manager” have the same meanings as in the Personal Equity Plan Regulations 1989 and “regulation” means a regulation of those Regulations;

(b) “approved profit sharing scheme” has the same meaning as in Chapter IV of Part V of the Taxes Act and “savings-related share option scheme” has the meaning given by paragraph 1 of Schedule 9 to that Act.”; and

(b) in section 110A(3) after subsection (5) there were added—

“(6) Where part of a section 104 holding is treated by section 106A (12)(b)(ii) as having been plan investments since a particular date—

(a) an operative event shall be regarded as having occurred for the purposes of this section immediately before that date consisting of the disposal of the part of that section 104 holding which is so treated, and

(b) this section shall apply in relation to the occurrence of that operative event as it would have applied if it had always applied separately in relation to the part of that section 104 holding which is so treated.”

(3) Section 106A of the Taxation of Chargeable Gains Act 1992 shall apply for the purposes of identifying securities within the meaning of that section which are eligible to become plan investments as if—

(a) in subsection (4), there were added at the beginning the words “Subject to subsection (14) below”;

(b) in subsection (6), for the words “subsections (4) and (5) above” there were substituted the words “subsections (4), (5) and (14)”; and

(c) after subsections (12) and (13), as added by paragraph (2), there were added—

“(14) Where a person disposes of securities and securities of the same class which were eligible for transfer to a plan under regulation 4(2A)(a), (b) or (c) or 4A(2) were—

(a) held by him immediately before that disposal,

(b) acquired by him on the same day as that disposal, or

(c) acquired by him within the period of thirty days after that disposal,

and those securities were acquired in the circumstances specified in that regulation, he shall be treated as having first disposed of any securities of that class held or acquired by him which were not so eligible.”

(4) Sections 127 to 131 of the Taxation of Chargeable Gains Act 1992 shall not apply in relation to ordinary shares, qualifying EC shares, other qualifying shares, shares in securities companies, units in funds of funds, units in securities funds or qualifying securities which are held under a plan if there is by virtue of any allotment for payment as is mentioned in section 126(2) of that Act a reorganisation affecting those shares or securities.”

(1)

Amended by S.I. 1995/1539, 1996/846, 1997/1716.

(2)

Inserted by section 124(1) of the Finance Act 1998.

(3)

Inserted by section 125(2) of the Finance Act 1998.