SCHEDULES
F1SCHEDULE 2ATransactions entered into before completion of contract
Paragraph 10: “the first appropriate transaction” and “the original contract”
11
1
Subject to the following provisions of this paragraph, “the first appropriate transaction” means the original contract.
2
If the original contract is not performed at the same time as, and in connection with the performance of, the specified transaction, “the first appropriate transaction” means a transaction that is a pre-completion transaction in relation to the original contract and meets the following conditions.
3
The conditions are that the pre-completion transaction—
a
is performed at the time when the specified transaction is performed and (if it is not itself the specified transaction) is performed in connection with the performance of the specified transaction,
b
is a transaction on which the entitlement of the transferee to call for the conveyance of the subject-matter of the specified transaction depends, and
c
is not preceded by another pre-completion transaction meeting the conditions in paragraphs (a) and (b).
4
For the purposes of this paragraph—
a
a contract for a land transaction is taken to be “performed” when it is substantially performed or completed (whichever is earlier);
b
a free-standing transfer other than a contract is taken to be “performed” when the transferee under that free-standing transfer (or an assignee of that transferee, as defined in paragraph 9(7)) acquires the subject-matter of that free-standing transfer.
5
Where the specified transaction is a pre-completion transaction in relation to each of two or more contracts such as are mentioned in paragraph 1(1)(a) that together form a series of such contracts (each having some subject-matter in common with all the others), references in paragraph 10 and this paragraph to “the original contract” are to be read as references to the first contract in that series.
6
In this paragraph “the specified transaction” has the meaning given by paragraph 10(3).
Sch. 2A inserted (with effect in accordance with Sch. 39 para. 11 of the amending Act) by Finance Act 2013 (c. 29), Sch. 39 para. 3