Finance Act 1991

15 (1) Schedule 8 to that Act (which provides certain exemptions and exclusions from charges by virtue of section 46 of that Act) shall have effect, and be deemed always to have had effect, with the following amendments.

(2) In paragraph 1, at the beginning there shall be inserted “(1) ” and in paragraph (c) (definition of “relevant linked liabilities)—

(a) for the words “basic life assurance business there shall be substituted the words “basic life assurance and general annuity business ”; and

(b) after the words “pre-commencement policies there shall be inserted the words “or contracts ”.

(3) For paragraph (d) of that paragraph (definition of “pre-commencement policies) there shall be substituted—

“(d) “pre-commencement policies or contracts means—

(i) policies issued in respect of insurances made before 1st April 1990, and

(ii) annuity contracts made before that date,

but excluding policies or annuity contracts varied on or after that date so as to increase the benefits secured or to extend the term of the insurance or annuity (any exercise of rights conferred by a policy or annuity contract being regarded for this purpose as a variation);

(e) “basic life assurance and general annuity business means life assurance business, other than pension business and overseas life assurance business.”

(4) At the end of that paragraph there shall be added—

“(2) The assets which are to be regarded for the purposes of this Schedule as linked solely to an insurance company’s basic life assurance and general annuity business at any time before the first accounting period of the company which begins on or after 1st January 1992 are all the assets which at that time—

(a) are or were linked solely to the company’s basic life assurance business or general annuity business, or

(b) although not falling within paragraph (a) above, would be, or would have been, regarded as linked solely to the company’s basic life assurance business, were its general annuity business treated as forming, or having at all times formed, part of its basic life assurance business and as not being a separate category of business.”

(5) In paragraph 3 (roll-over relief on replacement of assets) in sub-paragraph (1)(c), for the words “basic life assurance business in both places where they occur there shall be substituted the words “basic life assurance and general annuity business ”.