The Investment Exchanges, Clearing Houses and Central Securities Depositories (Amendment) (EU Exit) Regulations 2019

PART 5 Consequential amendments

Finance Act 1986

21.—(1) The Finance Act 1986(1) is amended as follows.

(2) In section 84(3)(a) (miscellaneous exemptions)(2), omit “, an EEA CSD” each place it occurs.

(3) In section 85(5)(c) (supplementary)(3), omit ““EEA CSD”” and “, (f)”.

Finance Act 1991

22.  In section 116(4)(b)(ii) of the Finance Act 1991(4) (investment exchanges, clearing houses and central securities depositories: stamp duty), omit “, an EEA CSD” and “, an EEA central counterparty”.

Income Tax (Manufactured Overseas Dividends) Regulations 1993

23.  In regulation 5B of the Income Tax (Manufactured Overseas Dividends) Regulations 1993(5) (chains of payments involving central counterparties), in paragraph (6)—

(a) in the definition of “central counterparty”, omit “, EEA central counterparty”;

(b) omit the definition of “EEA central counterparty”.

Investment Bank Special Administration Regulations 2011

24.  In regulation 2 of the Investment Bank Special Administration Regulations 2011(6) (interpretation), in paragraph (1)—

(a) omit the definitions of “EEA central counterparty” and “EEA CSD”;

(b) in the definition of “market infrastructure body”, omit “, EEA central counterparty” and “, EEA CSD”.

Stamp Duty and Stamp Duty Reserve Tax (Eurex Clearing AG) Regulations 2011

25.—(1) The Stamp Duty and Stamp Duty Reserve Tax (Eurex Clearing AG) Regulations 2011(7) are amended as follows.

(2) In regulation 2 (interpretation)(8)—

(a) in the definitions of ““EEA central counterparty” and “third country central counterparty””—

(i) omit ““EEA central counterparty” and”;

(ii) for “have” substitute “has”;

(b) in the definition of “nominee”, omit “, prescribed EEA central counterparty”.

(3) In regulation 4 (prescribed circumstances for the purposes of sections 116 and 117)(9), in paragraph (3), omit sub-paragraph (fa).

Stamp Duty and Stamp Duty Reserve Tax (LCH.Clearnet Limited) Regulations 2011

26.—(1) The Stamp Duty and Stamp Duty Reserve Tax (LCH.Clearnet Limited) Regulations 2011(10) are amended as follows.

(2) In regulation 2 (interpretation)(11)—

(a) in the definitions of ““EEA central counterparty” and “third country central counterparty””—

(i) omit ““EEA central counterparty” and”;

(ii) for “have” substitute “has”;

(b) in the definition of “nominee”, omit “, prescribed EEA central counterparty”.

(3) In regulation 4 (prescribed circumstances for the purposes of sections 116 and 117)(12), in paragraph (3), omit sub-paragraph (fa).

Stamp Duty and Stamp Duty Reserve Tax (SIX X-CLEAR AG) Regulations 2011

27.—(1) The Stamp Duty and Stamp Duty Reserve Tax (SIX X-CLEAR AG) Regulations 2011(13) are amended as follows.

(2) In regulation 2 (interpretation)(14)—

(a) in the definitions of ““EEA central counterparty” and “third country central counterparty””—

(i) omit ““EEA central counterparty” and”;

(ii) for “have” substitute “has”;

(b) in the definition of “nominee”, omit “, prescribed EEA central counterparty”.

(3) In regulation 4 (prescribed circumstances for the purposes of sections 116 and 117)(15), in paragraph (3), omit sub-paragraph (fa).

Stamp Duty and Stamp Duty Reserve Tax (Cassa Di Compensazione E Garanzia S.p.A) Regulations 2011

28.—(1) The Stamp Duty and Stamp Duty Reserve Tax (Cassa Di Compensazione E Garanzia S.p.A.) Regulations 2011(16) are amended as follows.

(2) In regulation 2 (interpretation)(17)—

(a) in the definitions of ““EEA central counterparty and “third country central counterparty””—

(i) omit ““EEA central counterparty” and”;

(ii) for “have” substitute “has”;

(b) in the definition of “nominee”, omit “, prescribed EEA central counterparty”.

(3) In regulation 4 (prescribed circumstances for the purposes of sections 116 and 117)(18), in paragraph (3), omit sub-paragraph (fa).

Stamp Duty and Stamp Duty Reserve Tax (European Central Counterparty N.V.) Regulations 2014

29.—(1) The Stamp Duty and Stamp Duty Reserve Tax (European Central Counterparty N.V.) Regulations 2014(19) are amended as follows.

(2) In regulation 2 (interpretation)—

(a) in the definitions of ““EEA central counterparty” and “third country central counterparty””—

(i) omit ““EEA central counterparty” and”;

(ii) for “have” substitute “has”;

(b) in the definition of “nominee”, omit “, prescribed EEA central counterparty”.

(3) In regulation 4 (prescribed circumstances for the purposes of section 116 and 117), in paragraph (6), omit sub-paragraph (g).

(1)

1986 c. 41.

(2)

Section 84(3)(a) was amended by S.I. 2017/1064.

(3)

Section 85(5)(c) was inserted by S.I. 2017/1064.

(4)

1991. c.31. Section 116(4)(b) was substituted by S.I. 2013/504 and amended by S.I. 2017/1064.

(5)

S.I. 1993/2004. The definition of “central counterparty in regulation 5B(6) was amended, and the definition of “EEA central counterparty” was inserted, by S.I. 2013/504.

(6)

S.I. 2011/245. The definition of “EEA central counterparty” was inserted by S.I. 2013/504; the definition of “EEA CSD” was inserted by S.I. 2017/1064; and the definition of “market infrastructure body” was amended by S.I. 2013/504 and S.I. 2017/1064, there are other amending instruments to this definition but none is relevant.

(7)

S.I. 2011/666.

(8)

The definitions of “EEA central counterparty” and “third country central counterparty” were inserted, and the definition of “nominee” amended, by S.I. 2013/504.

(9)

Sub-paragraph (fa) was inserted by S.I. 2013/504.

(10)

S.I. 2011/669.

(11)

The definitions of “EEA central counterparty” and “third country central counterparty” were inserted by, and the definition of “nominee” amended by, S.I. 2013/504.

(12)

Sub-paragraph (fa) was inserted by S.I. 2013/504.

(13)

S.I. 2011/670.

(14)

The definitions of “EEA central counterparty” and “third country central counterparty” were inserted by, and the definition of “nominee” amended by, S.I. 2013/504.

(15)

Sub-paragraph (fa) was inserted by S.I. 2013/504.

(16)

S.I. 2011/2205.

(17)

The definitions of “EEA central counterparty” and “third country central counterparty” were inserted by, and the definition of “nominee” amended by, S.I. 2013/504.

(18)

Sub-paragraph (fa) was inserted by S.I. 2013/504.

(19)

S.I. 2014/9.