Finance Act 1991

116[F1Investment exchanges, clearing houses and central securities depositories: stamp duty]U.K.

(1)The Treasury may make regulations providing as mentioned in this section with regard to any circumstances which—

(a)would (apart from the regulations) give rise to a charge to stamp duty,

[F2(b)involve a prescribed relevant entity, or a member or nominee (or member or nominee of a prescribed description) of such a relevant entity, or a nominee (or nominee of a prescribed description) of a member of such a relevant entity, and]

(c)are such as are prescribed.

(2)The regulations may provide that the charge to stamp duty shall be treated as not arising or (depending on the terms of the regulations) as reduced.

(3)Regulations under this section—

(a)shall be made by statutory instrument subject to annulment in pursuance of a resolution of the House of Commons;

(b)may include such supplementary, incidental, consequential or transitional provisions as appear to the Treasury to be necessary or expedient;

(c)may make different provision for different circumstances;

(d)may make any provision in such way as the Treasury think fit (whether by amending enactments or otherwise).

(4)In this section—

[F3(aa)“the Directive” means [F4Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014] on markets in financial instruments, as amended from time to time,]

(a) “prescribed means prescribed by the regulations, [F5and]

[F6(b)“relevant entity” means any of the following—

(i)a regulated market and a multilateral trading facility (within the meaning of the Directive);

(ii)a recognised clearing house, [F7a recognised CSD, an EEA CSD, a third country CSD,] a recognised investment exchange, an EEA central counterparty and a third country central counterparty (within the meaning of section 285 of the Financial Services and Markets Act 2000).]

Textual Amendments

F4Words in s. 116(4)(aa) substituted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 4 para. 2 (with reg. 7)