The Individual Savings Account Regulations 1998 (SI 1998 No. 1870)

Transcription

1 The Individual Savings Account Regulations 1998 (SI 1998 No. 1870) as amended by The Individual Savings Account (Amendment) Regulations 1998 (SI 1998 No. 3174) The Individual Savings Account (Amendment) Regulations 2000 (SI 2000 No. 809) The Individual Savings Account (Amendment No.2) Regulations 2000 (SI 2000 No. 2079) The Individual Savings Account (Amendment No.3) Regulations 2000 (SI 2000 No. 3112) The Individual Savings Account (Amendment) Regulations 2001 (SI 2001 No. 908) The Individual Savings Account (Amendment No.2) Regulations 2001 (SI 2001 No. 3778) The Financial Services and Markets Act 2000 (Consequential Amendments) (Taxes) Order 2001 (SI 2001 No. 3629) The Individual Savings Account (Amendment) Regulations 2002 (SI 2002 No. 453) The Individual Savings Account (Amendment No.2) Regulations 2002 (SI 2002 No. 1974) The Individual Savings Account (Amendment No.3) Regulations 2002 (SI 2002 No. 3158) The Individual Savings Account (Amendment) Regulations 2003 (SI 2003 No. 2747) The Individual Savings Account (Amendment) Regulations 2004 (SI 2004 No. 1677) The Individual Savings Account (Amendment No.2) Regulations 2004 (SI 2004 No. 2996) The Individual Savings Account (Amendment) Regulations 2005 (SI 2005 No. 609) The Individual Savings Account (Amendment No.2) Regulations 2005 (SI 2005 No. 2561) The Individual Savings Account (Amendment No.3) Regulations 2005 (SI 2005 No. 3350) The Tax and Civil Partnership (No.2) Regulations 2005 (SI 2005 No. 3230) The Individual Savings Account (Amendment) Regulations 2006 (SI 2006 No. 3194) The Individual Savings Account (Amendment) Regulations 2007 (SI 2007 No. 2119) The Individual Savings Account (Amendment) Regulations 2008 (SI 2008 No. 704) The Individual Savings Account (Amendment No.2) Regulations 2008 (SI 2008 No. 1934) The Individual Savings Account (Amendment No.3) Regulations 2008 (SI 2008 No. 3025) The Individual Savings Account (Amendment) Regulations 2009 (SI 2009 No. 1550) The Individual Savings Account (Amendment No.2) Regulations 2009 (SI 2009 No. 1994) The Individual Savings Account (Amendment) Regulations 2010 (SI 2010 No. 835) The Individual Savings Account (Amendment No.2) Regulations 2010 (SI 2010 No. 2957) The Dormant Bank and Building Society Accounts (Tax) Regulations 2011 (SI 2011 No. 22) The Individual Savings Account (Amendment) Regulations 2011 (SI 2011 No. 782) The Individual Savings Account (Amendment No.2) Regulations 2011 (SI 2011 No. 1780) The Individual Savings Account (Amendment) Regulations 2012 (SI 2012 No. 705) The Individual Savings Account (Amendment No.2) Regulations 2012 (SI 2012 No. 1871) These consolidated Regulations have been compiled by TISA which can accept no liability for their accuracy. P:\Revenue\Regulations (ISA)\ISARegs_2012A.docx Page 1 ISA REGS in force from 8-Aug-2012

2 CONSOLIDATED ISA REGULATIONS (coming into force 8 th August 2012 with parts effective from 1 st or 9 th November 2011) 2 ARRANGEMENT OF REGULATIONS No: Regulation: Page: 1. Citation and commencement 5 2. Interpretation 7 2A. Meaning of account investor 14 2B. Meaning of junior ISA account 2C. Meaning of registered contact etc. 15 2D. Regulations that do not apply to junior ISA accounts 17 2E. Contracts entered into by or on behalf of a child who is 16 or over 2F Special provision in respect of Looked After Children Introductory General conditions for accounts and subscriptions to accounts 4ZA. Subscriptions to an account other than a junior ISA account 22 4ZB. Subscriptions to a junior ISA account 23 4ZC. Inalienability of a junior ISA account 4ZD. Permitted withdrawals from a junior ISA account 24 4ZE. Permitted withdrawals from a junior ISA account where the named child is terminally ill 4A. Repair of certain incompatible accounts and excess subscriptions accounts other than junior ISA accounts 25 4B. Closure of cash account that is not a junior ISA account prior to the opening of the same type of account to be disregarded once 26 4C. Removal of insurance components at 6 th April D. Removal of maxi-accounts, mini-accounts and TESSA only accounts at 6 th April C Treatment of certain sums held in dormant accounts 28 5D Subscriptions disregarded for the purposes of the subscription limits in regulations 4ZA and 4ZB 29 5DA Defaulted cash account subscription 5DB Defaulted investment subscription 5DC Default event in respect of cash account 5DD Defaulted investment payment 5DE Additional permitted subscription to a junior ISA account 30 5DF Information required by regulation 5D 5DG Single regulation 5D subscription 5DH Default event or default investment payment occurring in the period beginning on 6th April 2011 and ending on 7 th August DI Special provision in respect of Lehman Brothers investments and Keydata investments 5DJ Special application of regulations 5DB, 5DD, 5DF and 5DH in respect of a Lehman Brothers investment 32 5DK Deemed defaulted investment payment in respect of a Lehman Brothers investment 5DL Specified amount for the purposes of a defaulted investment subscription in respect of a Lehman Brothers investment 33 5DM Special application of regulations 5DJ to 5DL in respect of a Keydata investment General investment rules Qualifying investments for a stocks and shares component Qualifying investments for a cash component Insurance policies Qualifying individuals who may invest under an account that is not a junior ISA account Account investor ceasing to qualify 12. Conditions for application to open an account that is not a junior ISA account 48 12A. Conditions for application to open an account that is a junior ISA account Account manager - qualifications and Board s approval Special requirements relating to insurer-managers Account manager - appointment of tax representative Account manager - withdrawal by Board of approval Account manager - appeal against withdrawal of Board s approval 19. Account manager s intention to make a bulk transfer of accounts or to cease to act as an account manager Account manager ceasing to qualify Transfers relating to accounts other than junior ISA accounts 60 21A. Further requirements relating to transfers between cash accounts 64 21B. Transfers relating to junior ISA accounts 66 21C. Repair of invalid junior ISA accounts Exemption from tax of account income and gains Interest on cash deposits held under a stocks and shares component of an account that is not a junior ISA account Tax liabilities and reliefs - account manager to act on behalf of account investor Repayments in respect of tax to account manager - interim claims Repayments in respect of tax to account manager - annual returns and annual claims 27. Account manager s returns and claims supplementary provisions Assessments for withdrawing relief and recovering tax 29. Records to be kept by account manager Information to be given to account investor by account manager in relation to an account that is not a junior ISA account 31. Returns of information by account manager Capital gains tax - adaptation of enactments Administration of tax in relation to accounts - supplementary Application of the provisions of Chapter II of Part XIII of the Taxes Act to policies where an investor ceases to be or was not entitled to relief from tax 81 P:\Revenue\Regulations (ISA)\ISARegs_2012A.docx Page 2 ISA REGS in force from 8-Aug-2012

3 CONSOLIDATED ISA REGULATIONS (coming into force 8 th August 2012 with parts effective from 1 st or 9 th November 2011) 3 NOTE: [This note is not part of the Regulations but includes extracts from the Explanatory Note attached to the Statutory Instrument.] These Consolidated Regulations have been compiled by TISA from the Statutory Instruments (Crown copyright) for the benefit of members. No responsibility for loss occasioned to any person acting or refraining from action as a result of material in this document can be accepted by the author or TISA. The meaning of words and phrases printed in bold italic is specifically defined (often in Regulation 2). When compared with the consolidated ISA Regulations most recently made available via the TISA website (ISARegs_2012 effective 6 th April 2012) - Single bold change bars (in the right margin) indicate paragraphs that are wholly new. - Double change bars (in the right margin) indicate existing paragraphs that have been totally or partially amended The two main effects of these latest amendments are to facilitate the provision of Junior ISAs (JISAs) for Looked After Children, and to establish procedures to allow defaulted subscriptions to be made in certain defined circumstances The new Regulation 2F has the effect that Regulations 2C(4) (meaning of registered contact etc.) and 12A(4) (conditions for application to open an account that is a JISA) must be construed as if the Share Foundation organisation has parental responsibility in relation to a child described in 2F (a Looked After Child ). Regulation 5B is now omitted because it has no effect in relation tosubscriptions made after 5 th April Regulation 5D provides that a defaulted cash account subscription, defaulted investment subscription and a subscription permitted by Regulation 5DE are disregarded for the purposes of the annual amounts that may be subscribed to ISAs (including JISAs) in accordance with Regulations 4ZA and 4ZB if the information specified in Regulation 5DF is provided to the account manager. Regulations 5DA and 5DC provide that a defaulted cash account subscription is a subscription made to a cash account or a stocks and shares account before the expiry of 180 days from when an account manager of a cash account is, in accordance with the rules of the scheme for compensation established pursuant to section 213 of the Financial Services and Markets Act 2000, determined to be unable or likely to be unable to satisfy claims against the account manager provided the subscription does not exceed the amount in the account (including accrued interest) at the time of the default. Regulations 5DB and 5DD provide that a defaulted investment subscription is a subscription made to a stocks and shares account before the expiry of 180 days from a payment (defaulted investment payment) by way of compensation etc. in respect of the poor performance etc of an investment held in a stocks and shares account (except where the payment is made as an accretion to the account) provided the subscription does not exceed the amount of the payment. Regulation 5DE permits a subscription to be made to a JISA that is a cash account if it would have been a defaulted investment subscription if it had been made to a stocks and shares account. Regulation 5DF describes the information which must be provided to the account manager when a subscription under Regulation 5D is made. Regulation 5DG provides that only one Regulation 5D subscription may be made in respect of a defaulted cash account or defaulted investment payment even if the amount subscribed is less than the maximum that could have been subscribed. Regulation 5DH provides that anything occurring in the period commencing on the 6 th April 2011 and ending on 7 th August 2012 will be treated as occurring on 8 th August 2012 if it would have been a default event within the meaning in Regulation 5DC or a defaulted investment payment within the meaning in Regulation 5DD if it had occurred on that day. Regulations 5DI to 5DM make special provision in respect of investments defined in Regulation 5DI as a Lehman Brothers investment and a Keydata investment. P:\Revenue\Regulations (ISA)\ISARegs_2012A.docx Page 3 ISA REGS in force from 8-Aug-2012

4 CONSOLIDATED ISA REGULATIONS (coming into force 8 th August 2012 with parts effective from 1 st or 9 th November 2011) 4 In relation to a Lehman Brothers investment held by an account investor on 15 th September 2008, Regulations 5DK and 5DL deem a single defaulted investment payment as made on 8 th August 2012 of an amount which is the greater of the total of defaulted investment payments made or treated as made on that day and the value of the investment at the opening of trading on the London Stock Exchange on the 15 th September In relation to a defaulted investment payment made or treated as made on 8 th August 2012, a defaulted investment subscription may only be made in respect of the single defaulted investment payment treated as made on that day. In relation to a defaulted investment payment made in respect of the investment after 8 th August 2012, Regulation 5DL(3) provides that the amount of such a payment is to be treated (after taking account of defaulted investment subscriptions already made) as the greater of the value of the investment on 15 th September 2008 and the total of the single defaulted investment payment treated as made on 8 th August 2012 and all later defaulted investment payments (including the payment in question). Regulation 5DM provides that Regulations 5DJ to 5DL apply to a Keydata investment held by an account investor on 8 th June In respect of the single defaulted investment payment treated as made on 8 th August 2012, it provides that the amount of the single defaulted investment payment is the greater of the total of defaulted investment payments made or treated as made on that day and the value of the subscriptions etc. used to purchase the investment. In relation to a defaulted investment payment made after 8 th August 2012, Regulation 5DM provides that the value of such a payment (after taking account of defaulted investment subscriptions already made) is the greater of the subscriptions etc. used to purchase the investment and the total of the single defaulted investment payment treated as made on 8 th August 2012 and all later defaulted investment payments (includingthe payment in question). Regulation 8 (qualifying investments for a cash component) is amended so that the requirement that certain deposit or share account Cash ISAs or JISAs must not be connected with another such account (as described by the regulation) does not apply if the accounts concerned are ISAs, JISAs or Child Trust Funds (CTFs). Regulation 19 is expanded to make provision in respect of the timing and content of the notices given where an account manager intends to cease to be an account manager for the purposes of the ISA Regulations or to make a bulk transfer of accounts. Regulation 21 is amended so that a further Regulation 12 application is unnecessary where an ISA is transferred in a bulk transfer of accounts or is transferred to an another ISA already held before the transfer (it is not possible to transfer a stocks and shares ISA to a cash ISA) but in some cases a further Regulation 12 application will be required subsequently to permit further subscriptions to the ISA. Consequential amendments are made in respect of the time when information required by Regulation 21(6) must be provided to the account manager to whom the transfer is made. Regulation 21A(3) is amended and 21A(3)(iiia) added to specify the different information that must be included in the notice required byregulation 21A(2) for ISAs and JISAs respectively. Regulation 21B is amended so that a further Regulation 12A application is unnecessary where a JISA is transferred in a bulk transfer of accounts but will be required subsequently in some cases to permit further subscriptions to it. Consequential amendments are made in respect of the timing and content of information Regulation 21B(11) requires to be provided to the account manager to whom the transfer is made. Regulation 29 is amended so that an account manager s obligation to retain records under that Regulation may also be fulfilled if, following a bulk transfer of accounts between two companies in the same group of companies, the records are retained by the company making the transfer for so long as both companies remain in the same group of companies. Regulation 31 is amended in consequence of the addition of the new Regulations 5D and 5DA to 5DM in respect of the returns required from account managers in respect of subscriptions to an account that are defaulted cash account subscriptions. These amendments to the ISA Regulations mainly come into force on 8 th August 2012 but some amendments (as marked) have effect from 1 st November 2011 or 9 th November Peter Shipp, Technical Director (Saving Schemes), TISA 31 July 2012 P:\Revenue\Regulations (ISA)\ISARegs_2012A.docx Page 4 ISA REGS in force from 8-Aug-2012

5 CONSOLIDATED ISA REGULATIONS (coming into force 8 th August 2012 with parts effective from 1 st or 9 th November 2011) 5 The Treasury, in exercise of the powers conferred on them by sections 694 to 701 of the Income Tax (Trading and Other Income) Act ; sections 333 and 333B of the Income and Corporation Taxes Act , section 151 of the Taxation of Chargeable Gains Act and sections 75 and 76(3) of the Finance Act , hereby make the following Regulations: Citation and commencement 1. The Principal Regulations may be cited as the Individual Savings Account Regulations 1998 and shall come into force for the purposes of - applications under regulations 12 and 13 relating to the year , to subscribe to an account in that year, applications under regulation 14 to be approved as an account manager to manage accounts in the year and subsequent years, and regulations 16 to 18 and 20, so far as they relate to applications referred to in paragraph, on 1 st October 1998, and for all other purposes on 6 th April The Amendment Regulations may be cited as the Individual Savings Account (Amendment) Regulations 1998, the Individual Savings Account (Amendment) Regulations 2000, the Individual Savings Account (Amendment No.2) Regulations 2000, the Individual Savings Account (Amendment No.3) Regulations 2000, the Individual Savings Account (Amendment) Regulations 2001, the Financial Services and Markets Act 2000 (Consequential Amendments) (Taxes) Order 2001, the Individual Savings Account (Amendment No.2) Regulations 2001, the Individual Savings Account (Amendment) Regulations 2002, the Individual Savings Account (Amendment No.2) Regulations 2002, the Individual Savings Account (Amendment No.3) Regulations 2002, the Individual Savings Account (Amendment) Regulations 2003, the Individual Savings Account (Amendment) Regulations 2004, the Individual Savings Account (Amendment No.2) Regulations 2004, the Individual Savings Account (Amendment) Regulations 2005, the Individual Savings Account (Amendment No.2) Regulations 2005, the Tax and Civil Partnership (No.2) Regulations 2005, the Individual Savings Account (Amendment No.3) Regulations 2005, the Individual Savings Account (Amendment) Regulations 2006, the Individual Savings Account (Amendment) Regulations 2007, the Individual Savings Account (Amendment) Regulations 2008, the Individual Savings Account (Amendment No.2) Regulations 2008, the Individual Savings Account (Amendment No.3) Regulations 2008, the Individual Savings Account (Amendment) Regulations 2009, the Individual Savings Account (Amendment No.2) Regulations 2009, the Individual Savings Account (Amendment) Regulations 2010, the Individual Savings Account (Amendment No.2) Regulations 2010, the Dormant Bank and Building Society Accounts (Tax) Regulations 2011, the Individual Savings Account (Amendment) Regulations 2011, the Individual Savings Account (Amendment No.2) Regulations 2011, the Individual Savings Account (Amendment) Regulations 2012 and the Individual Savings Account (Amendment No.2) Regulations 2012 and shall come into force on 6 th April 1999, 6 th April 2000, 21 st August 2000, 13 th December 2000, 6 th April 2001, 1 st December 2001, 19 th December 2001, 6 th April 2002, 1 st October 2002, 8 th January 2003, 17 th November 2003, 22 nd July 2004, 7 th December 2004, 6 th April 2005, 6 th October 2005, 5 th December 2005, 27 th December 2005, 1 st January 2007, 6 th April 2008, 6 th April 2008, 12 th August 2008, 16 th December 2008, 6 th October 2009, 11 th August 2009, 9 th April 2010, 4 th January 2011, 1 st February 2011, 6 th April 2011, 1 st November 2011, 6 th April 2012 and 8 th August 2012 respectively c.5; sections 694(1A), 695A, 699(9) and 701(6) were inserted by section 40 of the Finance Act 2011 (c. 11), and section 701(4) and (5) was inserted by section 40 of the Finance Act 2008 (c. 9); sections 695(3) and (4), 696(3), 698(2), (3) and (4) and 699(1) and (2) were amended by paragraphs 131 and 132 of Schedule 4 to the Commissioners for Revenue and Customs Act 2005 (c. 11) c.1. Section 333 was amended by section 70 of the Finance Act 1991 (c.31) and by sections 75 and 123(7) of, and Part 3(15) of Schedule 27 to, the Finance Act 1998 (c.36) and by paragraph 141 of Schedule 1 to the Income Tax (Trading and Other Income) Act 2005; section 333A was removed by paragraph 142 of Schedule 1 to the Income Tax (Trading and Other Income) Act 2005; section 333B was inserted by section 77 of the Finance Act 1998 and amended by paragraph 143 of Schedule 1 to the Income Tax (Trading and Other Income) Act c. 12; section 151(2) was substituted by section 64(2) of the Finance Act 1995 (c. 4) which also inserted subsection (2A), the substituted subsection (2) and inserted subsection (2A) were substituted by a further subsection (2) by paragraph 436 of Schedule 1 to the Income Tax (Trading and Other Income) Act 2005 (c. 5); the substituted subsection (2) was amended by section 40 of the Finance Act 2011 (c. 11); section 151(4) was inserted by section 85 of the Finance Act 1993 (c. 34) c.39. Section 76(3) was amended by paragraph 503 of Schedule 1 to the Income Tax (Trading and Other Income) Act P:\Revenue\Regulations (ISA)\ISARegs_2012A.docx Page 5 ISA REGS in force from 8-Aug-2012

6 CONSOLIDATED ISA REGULATIONS (coming into force 8 th August 2012 with parts effective from 1 st or 9 th November 2011) 6 The Individual Savings Account (Amendment) Regulations 2002 shall have effect for the tax year and subsequent tax years. The Individual Savings Account (Amendment No.2) Regulations 2002 shall come into force on 1 st October 2002 and shall apply to all accounts, whether set up before or after that date. The Individual Savings Account (Amendment No. 3) Regulations 2002 shall come into force on 8 th January 2003, but shall have effect - for the purposes of regulation 4A - where a notice of discovery is given on or after 8 th January 2003, and in relation to subscriptions to accounts made on or after 6 th April 2001; for the purposes of regulation 4B, for subscriptions to accounts made on or after 6 th April 2003; and for the purposes of the amendments to regulation 31(3), on or after 6 th April The Individual Savings Account (Amendment) Regulations 2003 shall have effect from their coming into force on 17 th November 2003 in respect of amendments to regulations 2(1) and 6(1ZA) the insertion of regulations 7(2)(ga), 8(2)(g) and 8(2)(h), and the insertion of regulations 7(14), 7(15) and 7(16) so far as those provisions relate to regulation 7(2)(ga) The Individual Savings Account (Amendment) Regulations 2003 shall otherwise have effect from 6th April The Individual Savings Account (Amendment No.2) Regulations 2004 shall have effect from 7 th December 2004 in respect of the definition of assurance undertaking in Regulation 2(1) and shall otherwise have effect from 6 th April The Individual Savings Account (Amendment No.2) Regulations 2009 shall have effect from 8 th October 2008 in respect of Regulation 5A and shall otherwise have effect from 11 th August The Individual Savings Account (Amendment) Regulations 2010 shall have effect from 30 th December The Individual Savings Account (Amendment No.2) Regulations 2010 shall have effect from their coming into force on 4 th January 2011 in respect of amendments to regulation 21(5), and the insertion of regulation 21A The Individual Savings Account (Amendment No.2) Regulations 2010 shall otherwise have effect from 6th April The Individual Savings Account (Amendment No.2) Regulations 2012 shall have effect from 1 st November 2011 in respect of certain amendments to regulation 2(1) [definition of child trust fund ] and to amendments to regulation 8(3), and from 9 th November 2011 in respect of certain amendments to regulations 2(1) [definitions of company, CTA 2010, 51% subsidiary, and 75% subsidiary ] and to amendments to regulations 2(1) [addition of (1A)], 21 [addition of (4CA), and (4DA)-(4DI)], 21B [addition of (8A)-(8H)] and 29. from 8 th August 2012 in respect of all other amendments. P:\Revenue\Regulations (ISA)\ISARegs_2012A.docx Page 6 ISA REGS in force from 8-Aug-2012

7 CONSOLIDATED ISA REGULATIONS (coming into force 8 th August 2012 with parts effective from 1 st or 9 th November 2011) 7 Interpretation 2. (1) In these Regulations unless the context otherwise requires - account, except in the case of - (iv) an account with a deposit-taker, or [Paragraph omitted] a share or deposit account with a building society, or a deposit account with a person falling within section 840A(1) of the Taxes Act, or a relevant European institution, shall be construed in accordance with regulation 4(1) and, where appropriate, regulation 2B and shall include a personal equity plan treated on and from the 6th April 2008 as a stocks and shares account; an account investment is an investment under the account which is a qualifying investment for a stocks and shares component or a cash component, as the case may be, within the meaning of regulation 7 or 8; an account investor has the meaning given in regulation 2A; an account manager is a person who fulfils the conditions of these Regulations and is approved by the Board for the purposes of these Regulations as an account manager; approved SAYE option scheme shall be construed in accordance with the SAYE code (see section 516(3) of ITEPA ); approved SIP shall be construed in accordance with the SIP code (see section 488(3) of ITEPA 2003); approved profit sharing scheme has the same meaning as in Chapter IV of Part V of the Taxes Act; an assurance undertaking means an assurance undertaking within the meaning of Article 2 of the Council Directive of 5 th November 2002 concerning life assurance (No. 2002/83); the Board means the Commissioners for Her Majesty s Revenue and Customs; building society means a building society within the meaning of the Building Societies Act , or the Irish Building Societies Act ; building society bonus, except in regulation 22(1), excludes any bonus, distribution of funds or the conferring of rights in relation to shares in connection with an amalgamation, transfer of engagements or transfer of business of a building society, and mentioned in section 96 or 100 of the Building Societies Act , and payment under a building society bonus scheme shall be construed accordingly; 5 Section 516 was amended by paragraph 605 of Schedule 1 to the Income Tax (Trading and Other Income) Act c Number 17 of c. 53 P:\Revenue\Regulations (ISA)\ISARegs_2012A.docx Page 7 ISA REGS in force from 8-Aug-2012

8 CONSOLIDATED ISA REGULATIONS (coming into force 8 th August 2012 with parts effective from 1 st or 9 th November 2011) 8 2. (1) continued business day means any day except a Saturday, Sunday, Good Friday or Christmas Day; a bank holiday under the Banking and Financial Dealings Act ; ceasing to be subject to the plan, in relation to plan shares under an approved SIP, shall be construed in accordance with the SIP code (see section 488(3) of ITEPA 2003); child means an individual under 18; child trust fund has the meaning given by section 1 of the Child Trust FundsAct ; company, except in regulation 7(4), means any body corporate having a share capital other than - Effective 1-Nov-2011 an open-ended investment company, within the meaning given by section 236 of the Financial Services and Markets Act 2000, (iv) a UK UCITS, recognised UCITS or non-ucits retail scheme, an industrial and provident society, or a body corporate which is a 51% subsidiary of any industrial and provident society; Partially effective 9-Nov-2011 credit union means a society registered as a credit union under the Industrial and Provident Societies Act or the Credit Unions (Northern Ireland) Order ; CTA 2010 means the Corporation Tax Act ; deposit-taker has the meaning given by section 853 of ITA 2007; Partially effective 9-Nov-2011 the Director of Savings has the same meaning as in the National Debt Act ; "dormant account" means a cash account which is a "relevant dormant account" within the meaning given in section 39(2) ofthe Finance Act 2008, omitting the words- "is to be, or"; and "will apply, or" (in both places they appear); EEA Agreement means the Agreement on the European Economic Area signed at Oporto on 2 nd May , as adjusted by the Protocol signed at Brussels on 17 th March , as modified or supplemented from time to time; EEA State means a State, other than the United Kingdom, which is a Contracting Party to the EEA Agreement; c. 80; section 1 of and Schedule 1 to that Act relate to bank holidays. Schedule 1 was amended by the St Andrew s Day Bank Holiday (Scotland) Act 2007 (asp 2) c c SI 1985/1205 (N.I. 12) c c O.J. No. L1, , p3. 16 O.J. No. L1, , p572. P:\Revenue\Regulations (ISA)\ISARegs_2012A.docx Page 8 ISA REGS in force from 8-Aug-2012

9 CONSOLIDATED ISA REGULATIONS (coming into force 8 th August 2012 with parts effective from 1 st or 9 th November 2011) 9 2. (1) continued eligible child means a child born on or after 3rd January 2011; or before the time mentioned in paragraph but who is not an eligible child within the meaning given in the Child Trust Funds Act ; and who, at the time when the application to open an account pursuant to a junior ISA application described in regulation 12A is made, is (iv) resident and ordinarily resident in the United Kingdom; a person who has general earnings from overseas Crown employment subject to United Kingdom tax within the meaning given by section 28 of ITEPA ; married to, or in a civil partnership with, a person mentioned in paragraph ; or a dependant of a person mentioned in paragraph ; European institution means an EEA firm of the kind mentioned in paragraph 5, or of Schedule 3 to the Financial Services and Markets Act 2000 which is an authorised person for the purposes of that Act as a result of qualifying for authorisation under paragraph 12 of that Schedule; 51% subsidiary and 75% subsidiary have the same meanings as they do in section 1154 of CTA 2010; Partially effective 9-Nov-2011 gains, except in regulations 22(1) to (v) and 35(6), means chargeable gains within the meaning of the Taxation of Chargeable Gains Act 1992; N.B.: The effect of the amendments contained in SI1998 N o 3174 is to define gain as follows: gain, except in regulations 22(1) to (v), 25(5), 26(2), 35(6) and 36, means chargeable gains within the meaning of the Taxation of Chargeable Gains Act 1992, while, in regulations 25(5), 26(2), and 36, gain has the same meaning as in section 541 of the Income and Corporation Taxes Act 1988; gilt-edged securities has the meaning given by paragraphs 1 and 1A of Schedule 9 to the Taxation of Chargeable Gains Act 1992; an incorporated friendly society means a society incorporated under the Friendly Societies Act ; an industrial and provident society means a society registered or deemed to be registered under the Industrial and Provident Societies Act or under the Industrial and Provident Societies (Northern Ireland) Act ; investment trust has the meaning given by section 842 of the Taxes Act 22 ; ITA 2007 means the Income Tax Act ; ITEPA 2003 means the Income Tax (Earnings and Pensions) Act ; c c. 1; section 28 was amended by paragraphs 101 and 102 of Schedule 4 to the Commissioners for Revenue and Customs Act 2005 (c. 11) c c c c.1; section 842 was amended by section 117 of the Finance Act 1988 (c.39), section 55 of the Finance Act 1990 (c.29), paragraphs 14(1) and 55 of Schedule 10 to the Taxation of Chargeable Gains Act 1992, (c.12), section 146 of and paragraph 8 of Schedule 17 to the Finance Act 1994, and paragraphs 2 and 3 of Schedule 30, and paragraph 7of Schedule 38, to the Finance Act 1996 (c.8) c c. 1. P:\Revenue\Regulations (ISA)\ISARegs_2012A.docx Page 9 ISA REGS in force from 8-Aug-2012

10 CONSOLIDATED ISA REGULATIONS (coming into force 8 th August 2012 with parts effective from 1 st or 9 th November 2011) (1) continued ITTOIA 2005 means the Income Tax (Trading and Other Income) Act ; junior ISA account has the meaning given in regulation 2B; Looked After Child has the meaning given in regulation 2F (special provision in respect of Looked After Children); the Management Act means the Taxes Management Act ; market value shall be construed in accordance with section 272 of The Taxation of Chargeable Gains Act 1992; named child means a child who holds an account opened pursuant to a junior ISA application described in regulation 12A; notice, except in regulations 9 and 36, means notice in writing and notify shall be construed accordingly; parental responsibility means parental responsibility within the meaning of the Children Act or the Children (Northern Ireland) Order , or parental responsibilities within the meaning of the Children (Scotland) Act ; participant, in relation to an approved SIP, shall be construed in accordance with the SIP code (see section 488(3) of ITEPA 2003); plan shares, in relation to an approved SIP, shall be construed in accordance with the SIP code (see section 488(3) of ITEPA 2003) except that paragraph 87(6) of Schedule 2 to ITEPA 2003 (meaning of the word shares in the context of company reconstructions) shall not apply, and in paragraph 88(2) of that Schedule (treatment of shares acquired under rights issue) the words or securities or rights shall be treated as omitted; qualifying distribution has the same meaning as in section 1136 of the Corporation Tax Act ; recognised stock exchange has the same meaning as in section 1005 of ITA ; a registered friendly society has the meaning given by the Friendly Societies Act , and includes any society that by virtue of section 96(2) of that Act is to be treated as a registered friendly society; release date has the meaning given by section 187(2) of the Taxes Act 33 ; relevant authorised person has the same meaning as in section 697(2) of ITTOIA 2005; c c c No. 755 (N.I. 2) c c c. 3; sub-section (1) was substituted by paragraph 1 of Schedule 26 to the Finance Act 2007 (c. 11) and sub-section (2A) was inserted by paragraphs 50 and 55 of Schedule 2 to the Taxation (International and Other Provisions) Act 2010 (c. 8) c c.1; section 187 was amended by paragraph 9 of Schedule 12 to the Finance Act 1989 (c.26), sections 38 and 41 of the Finance Act 1991, paragraph 14(1) and (13) of Schedule 10 to the Taxation of Chargeable Gains Act 1992, paragraph 12 of Part III of Schedule 4, and Part II of Schedule 7 to the Pensions Act 1995 (c.26) and sections 116 and 117(2) of, and Part V(5) of Schedule 41 to, the Finance Act 1996 (c.8). P:\Revenue\Regulations (ISA)\ISARegs_2012A.docx Page 10 ISA REGS in force from 8-Aug-2012

11 CONSOLIDATED ISA REGULATIONS (coming into force 8 th August 2012 with parts effective from 1 st or 9 th November 2011) (1) continued relevant European institution has the meaning given by section 697(2) of ITTOIA 2005; responsible person means a person who is the responsible person in respect of the management of a junior ISA account in accordance with regulation 2C(4); security, except in regulations 7(2) to (cc) and (8), 8(2)(f); and 34(3), means any loan stock or similar security of a company whether secured or unsecured, and in regulation 7(2)(cc) has the same meaning but with the omission of the words of a company ; the Stakeholder Products Regulations means the Financial Services and Markets Act 2000 (Stakeholder Products) Regulations ; tax where neither income tax nor capital gains tax is specified means either of those taxes; tax credit means a tax credit under section 231 of the Taxes Act 35 ; the Taxes Act means the Income and Corporation Taxes Act 1988; year means a year of assessment, and the year means the year of assessment beginning on 6 th April 1999; authorised fund means - an authorised unit trust, or an open-ended investment company; authorised unit trust means a unit trust scheme in the case of which an authorisation order made by the Financial Services Authority under section 243 of the Financial Services and Markets Act 2000 is in force; collective investment scheme has the meaning in section 235 of FISMA 2000; the Collective Investment Schemes Sourcebook means the sourcebook of that name made by the Financial Services Authority under the Financial Services and Markets Act ; depositary interest means the rights of the person mentioned in paragraph, under a certificate or other record (whether or not in the form of a document) acknowledging that a person holds relevant investments or evidence of the right to them, and that another person is entitled to rights in or in relation to those or identical relevant investments, including the right to receive such investments, or evidence of the right to them or the proceeds from such investments, from the person mentioned in paragraph, where relevant investments means investments which are exclusively qualifying investments for a stocks and shares component falling within any of regulation 7(2) to (h), and the rights mentioned in paragraph are exclusively rights in or in relation to relevant investments; 34 SI 2004/ Section 231 was amended by section 106 of and Part IV of Schedule 17 to the Finance Act 1989, paragraph 2 of Schedule 7 to the Finance Act 1990, paragraph 12 of Schedule 20 and Part V(10) of Schedule 41 to the Finance Act 1996, Part VI (7) of Schedule 18 to the Finance Act 1997 (c.16), and sections 19, 22 and 30 of, and paragraph 4 of Schedule 4, and Part II(9) of Schedule 8 to, the Finance (No. 2) Act 1997 (c.58). 36 This sourcebook is part of the FSA Handbook. The FSA Handbook may be purchased on paper and on CD Rom from the Publications Department (Sales), Financial Services Authority, 25 The North Colonnade, Canary Wharf, London E14 5HS and is available on line at P:\Revenue\Regulations (ISA)\ISARegs_2012A.docx Page 11 ISA REGS in force from 8-Aug-2012

12 CONSOLIDATED ISA REGULATIONS (coming into force 8 th August 2012 with parts effective from 1 st or 9 th November 2011) (1) continued insolvency event means the procedures listed in the definition of insolvency event in regulation 19(15) of the Payment Services Regulations ; FISMA 2000 means the Financial Services and Markets Act non-ucits retail scheme has the meaning in the Collective Investment Schemes Sourcebook (that is, a scheme to which, or to whose authorised fund manager and depositary, COLL 5.1, 5.4 and 5.6 apply), includes a recognised scheme by virtue of section 270 or 272 of the Financial Services and Markets Act 2000, which would fall within paragraph of this definition if it were an authorised fund, and includes a sub-fund of an umbrella which the terms of the scheme identify as a sub-fund which would fall within paragraph or of this definition if it were itself an authorised fund or a recognised scheme. In this definition, expressions defined in the Glossary forming part of the Financial Services Authority Handbook have those defined meanings; open-ended investment company means a company incorporated in the United Kingdom to which section 236 of the Financial Services and Markets Act 2000 applies; qualifying units in or shares of a non-ucits retail scheme means that the instrument constituting the scheme secures that redemption of the units or shares in question shall take place no less frequently than bi-monthly (see Rule (6) of the Collective Investment Schemes Sourcebook omitting the words Except where (7) applies, and, read with Rule 6.3.4(1), whether or not those Rules apply to the scheme), and a provision for suspension of dealings in exceptional conditions in accordance with Rule 7.2 of that Sourcebook (or any foreign procedure which is a direct foreign equivalent of that Rule) shall not be treated as a provision contrary to paragraph of this definition; recognised UCITS means a collective investment scheme constituted in an EEA State, which is a recognised scheme under section 264 of FISMA 2000, and complies with the requirements to be a UCITS scheme for the purposes of the Collective Investment Schemes Sourcebook (see in particular COLL 1.2.2); or a part of a recognised UCITS mentioned in paragraph of this definition, which would be a sub-fund of an umbrella scheme which is a recognised UCITS; UK UCITS means a collective investment scheme authorised under section 31(1) of FISMA 2000, which complies with the requirements to be a UCITS scheme for the purposes of the Collective Investment Schemes Sourcebook (see in particular COLL 1.2.2); or a part of a UK UCITS mentioned in paragraph of this definition which would be a sub-fund of an umbrella scheme which is a UK UCITS; 37 S.I. 2009/209, to which there are amendments not relevant to these Regulations c. 8. P:\Revenue\Regulations (ISA)\ISARegs_2012A.docx Page 12 ISA REGS in force from 8-Aug-2012

13 CONSOLIDATED ISA REGULATIONS (coming into force 8 th August 2012 with parts effective from 1 st or 9 th November 2011) (1) continued umbrella scheme means an authorised fund which according to the terms of the scheme is an umbrella scheme belonging to the category under that name established by the Financial Services Authority, and in the case of an authorised fund which is an authorised unit trust, references to a part of an umbrella scheme shall be construed in accordance with subsection (8) of section 468 of the Taxes Act, and sub-paragraphs (6) and (7) of regulation 7 of the Authorised Investment Funds (Tax) Regulations shall apply for the purposes of these Regulations as they apply for the purposes of those Regulations, and in the case of an authorised fund which is an open-ended investment company, references to a part of an umbrella scheme shall be construed in accordance with subsection (4) of section 468A of the Taxes Act 40, and subparagraphs (2) and (3) of regulation 7 of the Authorised Investment Funds (Tax) Regulations 2006 shall apply for the purposes of these Regulations as they apply for the purposes of those Regulations; unit holder means a person entitled to a share of the investments subject to the trusts of a unit trust scheme; unit trust scheme has the meaning given by section 237 of the Financial Services and Markets Act 2000; units, in relation to an authorised unit trust, means the rights or interests (however described) of the unit holders in that authorised unit trust and, in relation to a part of an umbrella scheme, means the rights or interests for the time being of the unit holders in that part; units in, or shares of, a UK UCITS or recognised UCITS means the rights or interests (however described) of the holders of the units or shares in that UK UCITS or recognised UCITS; (1A) In these Regulations bulk transfer of accounts occurs where two or more accounts are transferredby an account manager ( the transferor ) to another account manager ( the transferee ) pursuant to an agreement made between the transferor and transferee, and Regulation 2(1A) effective 9-Nov-2011 the transfers are not made pursuant to requests made by persons who are the account investor or registered contact in relation to the accounts transferred; a group transfer of accounts occurs where a bulk transfer of accounts is made between account managers that are members of the same group of companies when the transfer occurs; two companies are members of the same group of companies if one is a 75% subsidiary of the other, or both are 75% subsidiaries of a third company. (2) SI 2006/964, to which there are amendments not relevant for these Regulations. 40 Section 468A was inserted by section 16 of the Finance (No. 2) Act 2005 (c. 22). P:\Revenue\Regulations (ISA)\ISARegs_2012A.docx Page 13 ISA REGS in force from 8-Aug-2012

14 CONSOLIDATED ISA REGULATIONS (coming into force 8 th August 2012 with parts effective from 1 st or 9 th November 2011) (2) The Table below indexes other definitions in these Regulations: Term defined Regulation Account 4(1) Cash account 4(1A) and Component 4(1A) and The disqualifying circumstances 17(1) Interim claim 25 Qualifying circumstances 14(1) Qualifying individual 10 Qualifying investments for a stocks and shares component 7 Qualifying investments for a cash component 8 Qualifying securities 7(2) Registered contact 2C Stocks and shares account 4(1A) and Subscription limits junior ISA accounts 4ZB Subscription limits other accounts 4ZA Meaning of account investor 2A. (1) This regulation makes provision for the meaning of account investor in these Regulations. (2) In relation to an account that is not a junior ISA account, account investor means an individual who subscribes to an account and who is a qualifying individual within the meaning of regulation 10. (3) In relation to a junior ISA account, account investor has different meanings in relation to the application of the regulations specified in paragraphs (4) and (5) as provided for in those paragraphs. (4) For the purposes of the application of regulations 5C, 5D to 5DC,5DF, 6(3), 7, 8, 9 (other than regulation 9(3) and (6)), 21A(1) (other than its first occurrence therein), 21A(2) and (3), 22, 24, 28, 31, 34, 35 (other than regulation 35(10)) and 36, account investor means the named child in relation to the account in question. (5) For the purposes of the application of regulations 4, 9(6), 15, 17, 19, 20, 21A(7), 35(10) and its first occurrence in regulation 21A(1), account investor means the registered contact in relation to the account in question. Meaning of junior ISA account 2B. In these Regulations an account opened pursuant to a junior ISA application described in regulation 12A is a junior ISA account at any time when it is held by a child ; references to account shall be construed as including a reference to an account that is a junior ISA account except where the context otherwise requires; and references to an account held by a child are references to an account in respect of which the child is the beneficial owner of the account investments under that account. P:\Revenue\Regulations (ISA)\ISARegs_2012A.docx Page 14 ISA REGS in force from 8-Aug-2012

15 CONSOLIDATED ISA REGULATIONS (coming into force 8 th August 2012 with parts effective from 1 st or 9 th November 2011) 15 Meaning of registered contact etc. 2C. (1) In these Regulations registered contact means the person who may give instructions in respect of the management of a junior ISA account to the person who is the account manager in relation to that account. (2) The person who may give instructions in respect of the management of a junior ISA account to the account manager of that account is the named child who holds the account if the application to open the account in accordance with regulation 12A was made by that child, the named child who holds the account if the child has attained the age of 16 years, paragraph (3) does not apply in relation to the child, and the child has assumed responsibility for the management of the account in accordance with paragraph (6), or in any other case, the responsible person in relation to the account. (3) This paragraph applies in relation to a child where the child is suffering mental disorder within the meaning given by section 1(2) of the Mental Health Act ; in relation to a child resident in Scotland, section 328 of the Mental Health (Care and Treatment) (Scotland) Act ; in relation to a child resident in Northern Ireland, Article 3 of the Mental Health (Northern Ireland) Order (4) A person is the responsible person in relation to a junior ISA account if that person makes the application to open the account in question in accordance with regulation 12A; or assumes responsibility for the management of the account in accordance with paragraph (6); and that person has parental responsibility in relation to the named child who holds the account at the time when that person makes the application described in sub-paragraph ; or assumes responsibility for the management of the account as described in subparagraph. (5) A person ceases to be the person who may give instructions in respect of the management of a junior ISA account to the person who is the account manager in relation to that account when another person assumes responsibility for the management of the account in accordance with paragraph (6). (6) c. 20; section 1(2) was substituted by section 1(2) of the Mental Health Act 2007 (c. 12) asp No. 595 (N.I. 4). P:\Revenue\Regulations (ISA)\ISARegs_2012A.docx Page 15 ISA REGS in force from 8-Aug-2012

16 CONSOLIDATED ISA REGULATIONS (coming into force 8 th August 2012 with parts effective from 1 st or 9 th November 2011) 16 2C. contd. (6) A person assumes responsibility for the management of a junior ISA account if the person makes an application to assume responsibility for the management of the account in accordance with paragraph (7), and the account manager of the account in question accepts the application. (7) An application by a person ( the applicant ) to assume responsibility for the management of a junior ISA account must be made to the account manager of the account in question; contain (iv) (v) the applicant s full name, the applicant s address (including postcode), the named child s full name and date of birth, the named child s address (including postcode), the named child s national insurance number if the child is over 16 and has been issued with a national insurance number, and (vi) the authorisation specified in paragraph (8); contain a declaration by the applicant that the applicant is 16 years of age or over, is the named child who holds the account in question or has parental responsibility in relation to the named child who holds the account in question, and is to be the registered contact for the account. (8) The authorisation specified by this paragraph is authority given by the applicant to the account manager (on behalf of the named child who holds the account where appropriate) to hold the subscriptions, account investments, interest, dividends and any other rights or proceeds in respect of those investments and cash; to make on behalf of the named child any claims to relief from tax in respect of account investments; and to make a record in writing in accordance with paragraph (11) where that paragraph requires the account manager to do so. (9) An account manager must not accept an application to assume responsibility for the management of a junior ISA account if except in the circumstances specified in paragraph (10), the person who is the registered contact in relation to the account at the time when the application is made does not consent to the applicant assuming responsibility for the management of the account; or the account manager has reason to believe that the applicant has given untrue information in the application. (10)... P:\Revenue\Regulations (ISA)\ISARegs_2012A.docx Page 16 ISA REGS in force from 8-Aug-2012