xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"
Modifications etc. (not altering text)
C1Pt. 4 modified (N.I.) (1.4.2006) by The Firemens Pension Scheme Order (Northern Ireland) 2006 (S.R. 2006/210), arts. 1(2), 103
C2Pt. 4 modified (6.4.2006) by The Pension Protection Fund (Tax) Regulations 2006 (S.I. 2006/575), regs. 1, 9, 10
C3Pt. 4 modified (6.4.2006) by The Pension Protection Fund (Tax) Regulations 2006 (S.I. 2006/575), regs. 1, 12
C4Pt. 4 modified (6.4.2006) by The Pension Protection Fund (Tax) Regulations 2006 (S.I. 2006/575), regs. 1, 13(5)
C5Pt. 4 modified (6.4.2006) by The Pension Protection Fund (Tax) Regulations 2006 (S.I. 2006/575), regs. 1, 26
C6Pt. 4 modified (31.12.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 3 para. 7; S.I. 2007/3203, art. 3(b)
C7Pt. 4 modified (1.7.2008) (N.I.) (with effect in accordance with reg. 1 of the amending Rule) by The Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008 (S.R. 2008/256), regs. 1, 124(1) (with regs. 134, 258)
C8Pt. 4 modified by The Taxation of Pension Schemes (Transitional Provisions) Order 2006 (S.I. 2006/572), reg. 5A (as inserted (6.4.2006) by S.I. 2008/2990, arts. 1(1), 3)
C9Pt. 4 applied (21.7.2009) by Finance Act 2009 (c. 10), Sch. 35 para. 18
C10Pt. 4 modified (19.7.2011) by Finance Act 2011 (c. 11), Sch. 18 para. 14(3)
C11Pt. 4 applied (with modifications) (with application in accordance with Sch. 22 para. 1 of the amending Act) by Finance Act 2013 (c. 29), Sch. 22 para. 1(2)
C12Pt. 4 modified (17.7.2014) by Finance Act 2014 (c. 26), Sch. 6 para. 1(2)(3)
C13Pt. 4: power to amend conferred (17.12.2014) by Taxation of Pensions Act 2014 (c. 30), s. 4(3)
C14Pt. 4 modified (15.9.2016) by Finance Act 2016 (c. 24), Sch. 4 para. 1
C15Pt. 4 modified (15.9.2016) by Finance Act 2016 (c. 24), Sch. 4 para. 9(2)
(1)In this Part—
“NIA 1965” means the National Insurance Act 1965 (c. 51),
“NIA(NI) 1966” means the National Insurance Act (Northern Ireland) 1966 (c. 6 (N.I.)),
“TMA 1970” means the Taxes Management Act 1970 (c. 9),
“ICTA 1970” means the Income and Corporation Taxes Act 1970 (c. 10),
“ICTA” means the Income and Corporation Taxes Act 1988 (c. 1),
“SSCBA 1992” means the Social Security Contributions and Benefits Act 1992 (c. 4),
“SSCB(NI)A 1992” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7),
“TCGA 1992” means the Taxation of Chargeable Gains Act 1992 (c. 12),
“WRPA 1999” means the Welfare Reform and Pensions Act 1999 (c. 30),
“WRP(NI)O 1999” means the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/ 3147 (N.I. 11)),
F1“FISMA 2000” means the Financial Services and Markets Act 2000 (c. 8), ...
F2“ITEPA 2003” means the Income Tax (Earnings and Pensions) Act 2003 (c. 1), ...
F3[F4 “ITTOIA 2005” means the Income Tax (Trading and Other Income Act) 2005] ...
[F5 “ITA 2007” means the Income Tax Act 2007],
“CTA 2010” means the Corporation Tax Act 2010]
[F10 “FA 2012” means the Finance Act 2012]
(2)In this Part the following expressions are defined or otherwise explained by the provisions indicated—
[F11abatement | section 279(1)] |
accounting period | section 834(1) of ICTA |
[F12acquiring an interest in property (for the purposes of the taxable property provisions) | paragraphs 12 and 27 to 29 of Schedule 29A] |
active member (of a pension scheme) | section 151(2) |
active membership period (insections 221 to 223) | section 221(4) and (5) |
[F13additional rate | section 6(2) of ITA 2007 (as applied by section 989 of that Act)] |
amount crystallised | section 216 |
annual allowance | section 228 |
annual allowance charge | section 227(1) |
annuity protection lump sum death benefit | paragraph 16 of Schedule 29 |
arrangement | section 152(1) |
authorised surplus payment | section 177 |
available (in relation to a person’s lifetime allowance) | section 219 |
basic rate | [F14section 6(2) of ITA 2007 (as applied by section 989 of that Act)] |
basic rate limit | [F15section [F1610] of ITA 2007 (as applied by section 989 of that Act)] |
benefits (provided by pension scheme) | section 279(2) |
benefit crystallisation event | section 216 |
the Board of Inland Revenue | section 279(1) |
borrowing (in Chapter 3) | section 163 |
[F12building (for the purposes of the taxable property provisions) | paragraph 7(2) of Schedule 29A] |
cash balance arrangement | section 152(3) |
cash balance benefits | section 152(5) |
chargeable gain | [F17section 989 of ITA 2007] |
charity | [F18section 989 of ITA 2007] |
company | [F19section 992 of ITA 2007] |
compensation payment | section 178 |
[F20consumer prices index | section 279(1)] |
contribution | sections188(4) to (6) and 195 |
defined benefits | section 152(7) |
defined benefits arrangement | section 152(6) |
defined benefits lump sum death benefit | paragraph 13 of Schedule 29 |
F21. . . | F21. . . |
[F22dependant (of a member of a registered pension scheme) | paragraph 15 of Schedule 28] |
[F23dependants' annuity | paragraph 17 of Schedule 28] |
[F24dependant's flexi-access drawdown fund | paragraph 22A of Schedule 28] |
dependants' scheme pension | paragraph 16 of Schedule 28 |
[F23dependants' short-term annuity | paragraph 20 of Schedule 28] |
F25. . . | F25. . . |
[F26dependant's drawdown pension fund | paragraph 22 of Schedule 28] |
[F27dormant (in relation to a body corporate) | section 279(1E)] |
[F28drawdown pension fund lump sum death benefit | paragraph 17 of Schedule 29] |
employee and employer (and employment) | section 279(1) |
employment income | section 7(2) of ITEPA 2003 |
enhanced lifetime allowance regulations | section 256(2) |
entitled (in relation to a lump sum) | section 166(2) |
entitled (in relation to a pension) | section 165(3) |
[F24flexi-access drawdown fund lump sum death benefit | paragraph 17A of Schedule 29] |
higher rate | [F29section 6(2) of ITA 2007 (as applied by section 989 of that Act)] |
[F30higher rate limit | section 10 of ITA 2007] |
[F12holding an interest in a person (for the purposes of the taxable property provisions) | paragraph 16(2) to (4) of Schedule 29A] |
[F12holding an interest in property (for the purposes of the taxable property provisions) | paragraph 13 of Schedule 29A] |
[F12holding directly an interest in a vehicle (for the purposes of the taxable property provisions) | paragraph 20(3) of Schedule 29A] |
[F12holding directly an interest in property (for the purposes of the taxable property provisions) | paragraphs 14 and 15 of Schedule 29A] |
[F12holding indirectly an interest in a vehicle (for the purposes of the taxable property provisions) | paragraph 20(4) of Schedule 29A] |
[F12holding indirectly an interest in property (for the purposes of the taxable property provisions) | paragraph 16(1) of Schedule 29A] |
hybrid arrangement | section 152(8) |
ill-health condition | paragraph 1 of Schedule 28 |
the individual (in sections 215 to 219) | section 214(5) |
the Inland Revenue | section 279(1) |
insurance company | section 275 |
[F12investment-regulated pension scheme (for the purposes of the taxable property provisions) | paragraphs 1 to 3 of Schedule 29A] |
investments (in relation to a pension scheme) | section186(3) and (4) |
liability (in Chapter 3) | section 163 |
lifetime allowance (in relation to a person) | section 218 |
lifetime allowance charge | section 214(1) |
lifetime allowance enhancement factors | section 218(5) |
lifetime allowance excess lump sum | paragraph 11 of Schedule 29 |
lifetime annuity | paragraph 3 of Schedule 28 |
loan (in Chapter 3) | section 162 |
lump sum death benefit | section 168(2) |
market value | section 278 |
[F27Master Trust scheme | section 279(1B) and (1C)] |
member (of a pension scheme) | section 151(1) |
F21. . . | F21. . . |
[F26member's drawdown pension fund | paragraph 8 of Schedule 28] |
[F24member's flexi-access drawdown fund | paragraph 8A of Schedule 28] |
member’s unsecured pension fund | paragraph 8 of Schedule 28 |
money purchase arrangement | section 152(2) |
money purchase benefits | section 152(4) |
[F31net income | section 23 of ITA 2007 (as applied by section 989 of that Act),] |
net pay pension scheme | section 191(9) |
[F22nominee (of a member of a registered pension scheme) | paragraph 27A of Schedule 28] |
[F32nominees' annuity | paragraph 27AA of Schedule 28] |
[F22nominees' drawdown pension | paragraph 27B of Schedule 28] |
[F22nominee's flexi-access drawdown fund | paragraph 27E of Schedule 28] |
[F22nominees' income withdrawal | paragraph 27D of Schedule 28] |
[F22nominees' short-term annuity | paragraph 27C of Schedule 28] |
normal minimum pension age | section 279(1) |
occupational pension scheme | section 150(5) |
overseas arrangement active membership period (in sections 224 to 226) | section 224(7) and (8) |
overseas pension scheme | section 150(7) |
payment (in Chapter 3) | section 161 |
payments (made by pension scheme) | section 279(2) |
pension | section 165(2) |
[F20pensionable age | section 279(1)] |
pension commencement lump sum | paragraph 1of Schedule 29 |
pension credit and pension debit | section 279(1) |
[F33pension death benefit | section 167(2)] |
pension input amount | section 229 |
pension input period | [F34sections 238 to 238ZB] |
pension protection lump sum death benefit | paragraph 14 of Schedule 29 |
pension scheme | section 150(1) |
the pension scheme (in sections 215 to 219) | section 214(5) |
pension sharing order or provision | section 279(1) |
pensioner member (of a pension scheme) | section 151(3) |
period of account | [F35section 989 of ITA 2007] |
personal representatives | [F36section 989 of ITA 2007] |
property investment LLP | [F37section 1004 of ITA 2007] |
public service pension scheme | section 150(3) |
qualifying recognised overseas pension scheme | section 169(2) |
recognised overseas pension scheme | section 150(8) |
recognised overseas scheme arrangement (insections 224 to 226) | section 224(2) and (3) |
registered pension scheme | section 150(2) |
[F38related dependants' annuity | paragraph 3(4A) of Schedule 29] |
[F32related nominees' annuity | paragraph 3(4B) of Schedule 29 ] |
[F39related dependants' scheme pension | paragraph 3(7C) of Schedule 29] |
relevant overseas individual | section 221(3) |
relevant UK earnings | section 189(2) |
relevant UK individual | section 189 |
relevant valuation factor | section 276 |
relievable pension contributions | section 188(2) and (3) |
[F12residential property (for the purposes of the taxable property provisions) | paragraphs 7(1), 8 and 9 of Schedule 29A] |
retail prices index | [F40section 989 of ITA 2007] |
scheme administrator | section 270 (but see also sections 271 to 274) |
scheme chargeable payment | section 241 |
[F12scheme-held taxable property | section 185B(3)] |
scheme manager | section 169(3) |
scheme pension | paragraph 2 of Schedule 28 |
scheme sanction charge | section 239(1) |
F41. . . | F41. . . |
F41. . . | F41. . . |
F41. . . | F41. . . |
[F42Scottish taxpayer | section 989 of ITA 2007] |
serious ill-health lump sum | paragraph 4 of Schedule 29 |
F43. . . | F43. . . |
short service refund lump sum | paragraph 5 of Schedule 29 |
short service refund lump sum charge | section 205(1) |
[F23short-term annuity | paragraph 6 of Schedule 28] |
special lump sum death benefits charge | section [F44206] |
sponsoring employer | section 150(6) |
standard lifetime allowance | section 218(2) [F45to (2C)] |
[F22successor (of a member of a registered pension scheme) | paragraph 27F of Schedule 28] |
[F32successors' annuity | paragraph 27FA of Schedule 28] |
[F22successors' drawdown pension | paragraph 27G of Schedule 28] |
[F22successor's flexi-access drawdown fund | paragraph 27K of Schedule 28] |
[F22successors' income withdrawal | paragraph 27J of Schedule 28] |
[F22successors' short-term annuity | paragraph 27H of Schedule 28] |
sums and assets held for the purposes of an arrangement | section 279(3) |
[F12sums and assets held for the purposes of an arrangement (for the purposes of the taxable property provisions) | paragraph 5 of Schedule 29A] |
[F12taxable property (for the purposes of the taxable property provisions) | paragraphs 6, 10 and 11 of Schedule 29A] |
[F12the taxable property provisions | paragraph 1(3) of Schedule 29A] |
tax year | [F46section 4(2) of ITA 2007 (as applied by section 989 of that Act)] |
the tax year 2006-07 etc. | [F47section 4(4) of ITA 2007 (as applied by section 989 of that Act)] |
total income | [F48section 23 of ITA 2007 (as applied by section 989 of that Act)] |
total pension input amount | section 229 |
F49. . . | F49. . . |
[F50transitional 2013/14 lump sum | paragraph 11A of Schedule 29] |
trivial commutation lump sum | paragraph 7 of Schedule 29 |
unauthorised employer payment | section 160(4) |
[F27unauthorised (in relation to a Master Trust scheme) | section 279(1D)] |
unauthorised member payment | section 160(2) |
unauthorised payment | section 160(5) |
unauthorised payments charge | section 208(1) |
unauthorised payments surcharge | section 209(1) |
uncrystallised funds lump sum death benefit | paragraph 15 of Schedule 29 |
[F51uncrystallised funds pension lump sum | paragraph 4A of Schedule 29] |
F52. . . | F52. . . |
valuation assumptions (in relation to a person) | section 277 |
[F12vehicle (in the taxable property provisions) | paragraph 20(2) of Schedule 29A] |
winding-up lump sum | paragraph 10 of Schedule 29 |
winding-up lump sum death benefit | paragraph 21 of Schedule 29 |
Textual Amendments
F1Word in s. 280(1) repealed (6.4.2005) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 1 para. 652, Sch. 3 (with Sch. 2)
F2Word in s. 280(1) repealed (with effect in accordance with s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), s. 1034(1), Sch. 1 para. 481(2), Sch. 3 Pt. 1 (with Sch. 2)
F3Word in s. 280(1) repealed (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 580(a), Sch. 3 Pt. 1 (with Sch. 2 Pts. 1, 2)
F4Words in s. 280(1) inserted (6.4.2005) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 1 para. 652 (with Sch. 2)
F5Words in s. 280(1) inserted (with effect in accordance with s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), s. 1034(1), Sch. 1 para. 481(2) (with Sch. 2)
F6Word in s. 280(1) omitted (17.7.2012) by virtue of Finance Act 2012 (c. 14), Sch. 16 para. 122(a); same word omitted (with effect in accordance with Sch. 13 para. 17 of the amending Act) by virtue of Finance Act 2012 (c. 14), Sch. 13 para. 16(a) (with Sch. 13 Pt. 4) (and see also Finance Act 2012 (c. 14), Sch. 13 para. 2(a))
F7Words in s. 280(1) inserted (17.7.2013) by Finance Act 2013 (c. 29), s. 53(8)
F8Words in s. 280(1) inserted (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 580(b) (with Sch. 2 Pts. 1, 2)
F9Words in s. 280(1) inserted (with effect in accordance with Sch. 13 para. 17 of the amending Act) by Finance Act 2012 (c. 14), Sch. 13 para. 16(b) (with Sch. 13 Pt. 4) (and see also Finance Act 2012 (c. 14), Sch. 13 para. 2(b))
F10Words in s. 280(1) inserted (17.7.2012) by Finance Act 2012 (c. 14), Sch. 16 para. 122(b)
F11Words in s. 280(2) inserted (6.4.2006) by Finance Act 2005 (c. 7), Sch. 10 paras. 10, 64(1)
F12Words in s. 280(2) inserted (retrospective to 6.4.2006) by Finance Act 2006 (c. 25), s. 158(2), Sch. 21 para. 12
F13Words in s. 280(2) inserted (with effect in accordance with s. 68(5) of the amending Act) by Finance Act 2010 (c. 13), s. 68(2)
F14Words in s. 280(2) substituted (with effect in accordance with s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), s. 1034(1), Sch. 1 para. 481(3)(a) (with Sch. 2)
F15Words in s. 280(2) substituted (with effect in accordance with s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), s. 1034(1), Sch. 1 para. 481(3)(b) (with Sch. 2)
F16Word in s. 280(2) substituted (with effect in accordance with s. 68(6) of the amending Act) by Finance Act 2010 (c. 13), s. 68(3)
F17Words in s. 280(2) substituted (with effect in accordance with s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), s. 1034(1), Sch. 1 para. 481(3)(c) (with Sch. 2)
F18Words in s. 280(2) substituted (with effect in accordance with s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), s. 1034(1), Sch. 1 para. 481(3)(d) (with Sch. 2)
F19Words in s. 280(2) substituted (with effect in accordance with s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), s. 1034(1), Sch. 1 para. 481(3)(e) (with Sch. 2)
F20Words in s. 280(2) inserted (with effect in accordance with Sch. 17 Pt. 2 of the amending Act) by Finance Act 2011 (c. 11), Sch. 17 para. 22
F21S. 280(2) entries omitted (with effect in accordance with Sch. 16 para. 85 of the amending Act) by virtue of Finance Act 2011 (c. 11), Sch. 16 para. 77(2)
F22Words in s. 280(2) inserted (17.12.2014) by Taxation of Pensions Act 2014 (c. 30), Sch. 2 para. 14
F23Words in s. 280(2) inserted (6.4.2006) by Finance Act 2005 (c. 7), Sch. 10 paras. 17, 64(1)
F24Words in s. 280(2) inserted (17.12.2014) by Taxation of Pensions Act 2014 (c. 30), Sch. 1 para. 18
F25S. 280(2) entries omitted (with effect in accordance with Sch. 16 para. 85 of the amending Act) by virtue of Finance Act 2011 (c. 11), Sch. 16 para. 77(3)
F26S. 280(2) entries inserted (with effect in accordance with Sch. 16 para. 85 of the amending Act) by Finance Act 2011 (c. 11), Sch. 16 para. 77(3)
F27Words in s. 280(2) Table inserted (15.3.2018 for specified purposes, 6.4.2018 in so far as not already in force) by Finance Act 2018 (c. 3), Sch. 3 paras. 1(7), 2(1)(d)(2)(d)(3)
F28S. 280(2) entry inserted (with effect in accordance with Sch. 16 paras. 85, 103 of the amending Act) by Finance Act 2011 (c. 11), Sch. 16 para. 77(5)
F29Words in s. 280(2) substituted (with effect in accordance with s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), s. 1034(1), Sch. 1 para. 481(3)(f) (with Sch. 2)
F30Words in s. 280(2) inserted (with effect in accordance with s. 68(5) of the amending Act) by Finance Act 2010 (c. 13), s. 68(4)
F31Words in s. 280(2) inserted (with effect in accordance with s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), s. 1034(1), Sch. 1 para. 481(3)(g) (with Sch. 2)
F32Words in s. 280(2) inserted (26.3.2015) by Finance Act 2015 (c. 11), Sch. 4 para. 12
F33Words in s. 280(2) inserted (retrospective to 6.4.2006) by Finance Act 2007 (c. 11), Sch. 20 paras. 22(2), 24(3)
F34Words in s. 280(2) Table substituted (18.11.2015) by Finance (No. 2) Act 2015 (c. 33), Sch. 4 para. 5
F35Words in s. 280(2) substituted (with effect in accordance with s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), s. 1034(1), Sch. 1 para. 481(3)(h) (with Sch. 2)
F36Words in s. 280(2) substituted (with effect in accordance with s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), s. 1034(1), Sch. 1 para. 481(3)(i) (with Sch. 2)
F37Words in s. 280(2) substituted (with effect in accordance with s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), s. 1034(1), Sch. 1 para. 481(3)(j) (with Sch. 2)
F38Words in s. 280(2) inserted (6.4.2006) by Finance Act 2005 (c. 7), Sch. 10 paras. 33, 64(1)
F39Words in s. 280(2) inserted (retrospective to 6.4.2006) by Finance Act 2006 (c. 25), s. 161(2), Sch. 23 para. 26
F40Words in s. 280(2) substituted (with effect in accordance with s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), s. 1034(1), Sch. 1 para. 481(3)(k) (with Sch. 2)
F41Words in s. 280(2) Table omitted (with effect in accordance with reg. 1(2) of the amending S.I.) by virtue of The Scotland Act 2016 (Income Tax Consequential Amendments) Regulations 2017 (S.I. 2017/468), regs. 1(1), 7
F42Words in s. 280(2) inserted (with effect in accordance with art. 1(2) of the amending S.I.) by The Scottish Rate of Income Tax (Consequential Amendments) Order 2015 (S.I. 2015/1810), arts. 1(1), 7(4)
F43Words in s. 280(2) Table omitted (with effect in accordance with Sch. 5 para. 4 of the amending Act) by virtue of Finance Act 2016 (c. 24), Sch. 5 para. 3(1)(c)
F44Word in s. 280(2) entry substituted (6.4.2015) by Taxation of Pensions Act 2014 (c. 30), Sch. 2 paras. 18, 20
F45Words in s. 280(2) Table substituted (15.9.2016) by Finance Act 2016 (c. 24), s. 19(6)
F46Words in s. 280(2) substituted (with effect in accordance with s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), s. 1034(1), Sch. 1 para. 481(3)(l) (with Sch. 2)
F47Words in s. 280(2) substituted (with effect in accordance with s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), s. 1034(1), Sch. 1 para. 481(3)(m) (with Sch. 2)
F48Words in s. 280(2) substituted (with effect in accordance with s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), s. 1034(1), Sch. 1 para. 481(3)(n) (with Sch. 2)
F49S. 280(2) entry repealed (19.7.2007) (with effect in accordance with Sch. 19 para. 29(3) of the amending Act) by Finance Act 2007 (c. 11), Sch. 19 para. 8, Sch. 27 Pt. 3(1)
F50Words in s. 280(2) inserted (19.3.2014) by Finance Act 2014 (c. 26), Sch. 5 paras. 5(4), 15
F51Words in s. 280(2) inserted (17.12.2014) by Taxation of Pensions Act 2014 (c. 30), Sch. 1 para. 56
F52S. 280(2) entry omitted (with effect in accordance with Sch. 16 paras. 85, 103 of the amending Act) by virtue of Finance Act 2011 (c. 11), Sch. 16 para. 77(5)