The Finance Act 2002, Schedule 26, Parts 2 and 9 (Amendment No. 2) Order 2004 No. 3270

Amendments of Part 9 of Schedule 26

8.  In paragraph 45G after sub-paragraph (1)(d) insert—

“(e) the additional conditions in sub-paragraph (1A) are satisfied.

(1A) The additional conditions are—

(a) the derivative contract is not one to which the company is party at any time in the accounting period for the purposes of a trade carried on by the company (but see sub-paragraph (1B)), and

(b) the company is not a body falling within paragraph 45C(3) (authorised unit trusts etc).

(1B) The condition in sub-paragraph (1A)(a) does not apply if the company—

(a) is party to the derivative contract for the purposes of life assurance business, or

(b) is a mutual trading company.”.