Part III Individuals, partnerships, trusts and collective investment schemes
Chapter III Collective investment schemes and investment trusts
99 Application of Act to unit trust schemes.
(1)
This Act shall apply in relation to any unit trust scheme as if—
(a)
the scheme were a company,
(b)
the rights of the unit holders were shares in the company, and
(c)
in the case of an authorised unit trust, the company were resident and ordinarily resident in the United Kingdom,
except that nothing in this section shall be taken to bring a unit trust scheme within the charge to corporation tax on chargeable gains.
(2)
Subject to subsection (3) below, in this Act—
(a)
“unit trust scheme” has the same meaning as in the M1Financial Services Act 1986,
(b)
“authorised unit trust” has the meaning given by section 468(6) of the Taxes Act,
F1(c)
“open-ended investment company” has the meaning given by subsection (10) of section 468 of the Taxes Act, read with subsections (11) to (18) of that section, as those subsections are added by regulation 10(4) of the Open-ended Investment Companies (Tax) Regulations 1997; and accordingly references in subsections (11) to (16) of that section to “the Tax Acts” shall be construed as if they included references to this Act.
(3)
The Treasury may by regulations provide that any scheme of a description specified in the regulations shall be treated as not being a unit trust scheme for the purposes of this Act; and regulations under this section may contain such supplementary and transitional provisions as appear to the Treasury to be necessary or expedient.