SCHEDULES

SCHEDULE 16Property authorised investment funds and co-ownership authorised contractual schemes

PART 4Commencement

15

1

The amendments made by Parts 2 and 3 of this Schedule have effect in relation to any land transaction of which the effective date is, or is after, the date on which this Act is passed.

2

But those amendments do not have effect in relation to a transaction if—

a

the transaction is effected in pursuance of a contract entered into and substantially performed before the date on which this Act is passed, or

b

the transaction is effected in pursuance of a contract entered into before that date and is not excluded by sub-paragraph (3).

3

A transaction effected in pursuance of a contract entered into before the date on which this Act is passed is excluded by this sub-paragraph if—

a

there is any variation of the contract, or assignment of rights under the contract, on or after that date,

b

the transaction is effected in consequence of the exercise on or after that date of any option, right of pre-emption or similar right, or

c

on or after that date there is an assignment, subsale or other transaction relating to the whole or part of the subject-matter of the contract as a result of which a person other than the purchaser under the contract becomes entitled to call for a conveyance.

4

In this paragraph—

  • purchaser” has the same meaning as in Part 4 of FA 2003 (see section 43(4) of that Act);

  • substantially performed”, in relation to a contract, has the same meaning as in that Part (see section 44(5) of that Act).