Part VII Other property, businesses, investments etc.

Miscellaneous reliefs and exemptions

263AAF1Section 263A: interpretation

1

Subsections (2) to (7) apply for the purposes of section 263A.

2

References to buying back securities include references to—

a

buying similar securities, and

b

in the case of a person connected with the person who is the original owner under the repo, buying the securities sold by the original owner or similar securities.

3

Subsection (2) applies even if the person buying the securities has not held them before.

4

References to repurchase or a repurchaser are to be read accordingly.

5

For the purposes of subsection (2) securities are similar if they give their holders—

a

the same rights against the same persons as to capital and distributions, interest and dividends, and

b

the same remedies to enforce those rights.

6

Subsection (5) applies even if there is a difference in—

a

the total nominal amounts of the securities,

b

the form in which they are held, or

c

the manner in which they can be transferred.

7

Agreements are related if they are entered into in pursuance of the same arrangement (regardless of the date on which either agreement is entered into).

8

In section 263A and this section “securities” means—

a

shares in a company wherever resident,

b

loan stock or other securities of—

i

the government of the United Kingdom,

ii

a local authority in the United Kingdom,

iii

another public authority in the United Kingdom,

iv

a company resident in the United Kingdom or other body resident in the United Kingdom, or

c

shares, loan stock, stock or other securities issued by—

i

a government, local authority or other public authority of a territory outside the United Kingdom, or

ii

another body of persons not resident in the United Kingdom.