Trustee Investments Act 1961

FIRST SCHEDULE Manner of Investment

Section 1. Part I Narrower-Range Investments not Requiring Advice 1 In Defence Bonds, National Savings Certificates and Ulster Savings Certificates Ulster Development BondsNational Development BondsBritish Savings BondsNational Savings Income BondsNational Savings Deposit BondsNational Savings Indexed-Income Bonds.National Savings Capital BondsNational Savings FIRST Option BondsNational Savings Pensioners Guaranteed Income Bonds 2 In deposits in the National Savings Bank . . . and deposits in a bank or department thereof certified under subsection (3) of section nine of the Finance Act, 1956. Part II Narrower-Range Investments Requiring Advice 1 In securities issued by Her Majesty’s Government in the United Kingdom, the Government of Northern Ireland or the Government of the Isle of Man, not being securities falling within Part I of this Schedule and being fixed-interest securities registered in the United Kingdom or the Isle of Man, Treasury Bills or Tax Reserve Certificates or any variable interest securities issued by Her Majesty’s Government in the United Kingdom and registered in the United Kingdom. 2 In any securities the payment of interest on which is guaranteed by Her Majesty’s Government in the United Kingdom or the Government of Northern Ireland. 3 In fixed-interest securities issued in the United Kingdom by any public authority or nationalised industry or undertaking in the United Kingdom. 4 In fixed-interest securities issued in the United Kingdom by the government of any overseas territory within the Commonwealth or by any public or local authority within such a territory, being securities registered in the United Kingdom. References in this paragraph to an overseas territory or to the government of such a territory shall be construed as if they occurred in the Overseas Service Act 1958. 4A In securities issued in the United Kingdom by the government of an overseas territory within the Commonwealth or by any public or local authority within such a territory, being securities registered in the United Kingdom and in respect of which the rate of interest is variable by reference to one or more of the following:— (a) the Bank of England’s minimum lending rate; (b) the average rate of discount on allotment on 91-day Treasury Bills; (c) a yield on 91-day Treasury Bills; (d) a London sterling inter-bank offered rate; (e) A London sterling certificate of deposit rate. References in this paragraph to an overseas territory or to the government of such a territory shall be construed as if they occurred in the Overseas Service Act 1958. 5 In fixed-interest securities issued in the United Kingdom by the African Development Bank, the Asian Development Bank, the Caribbean Development Bank, the European Bank for Reconstruction and Development,the International Finance Corporation, the International Monetary Fund or by the International Bank for Reconstruction and Development, being securities registered in the United Kingdom. In fixed-interest securities issued in the United Kingdom by the Inter-American Development Bank. In fixed-interest securities issued in the United Kingdom by the European Atomic Energy Community, the European Bank for Reconstruction and Development, the European Economic Community, the European Investment Bank or by the European Union, being securities registered in the United Kingdom. 5A In securities issued in the United Kingdom by (i) the International Bank for Reconstruction and Development or by the European Investment Bank or by the European Union, being securities registered in the United Kingdom; or (ii) the Inter-American Development Bank; being securities in respect of which the rate of interest is variable by reference to one or more of the following: (a) the Bank of England’s minimum lending rate; (b) the average rate of discount on allotment on 91-day Treasury Bills; (c) a yield on 91-day Treasury Bills; (d) a London sterling inter-bank offered rate; (e) a London sterling certificate of deposit rate. 5B In securities issued in the United Kingdom by the African Development Bank, the Asian Development Bank, the Caribbean Development Bank, the European Atomic Energy Community, the European Bank for Reconstruction and Development, the European Economic Community, the International Finance Corporation or by the International Monetary Fund, being securities registered in the United Kingdom and in respect of which the rate of interest is variable by reference to one or more of the following:— (a) The average rate of discount on allotment on 91-day Treasury Bills: (b) a yield on 91-day Treasury Bills; (c) a London sterling inter-bank offered rate; (d) a London sterling certificate of deposit rate. 6 In debentures issued in the United Kingdom by a company incorporated in the United Kingdom, being debentures registered in the United Kingdom. 7 In stock of the Bank of Ireland. In Bank of Ireland 7 per cent Loan Stock 1986/91. 8 In debentures issued by the Agricultural Mortgage Corporation Limited or the Scottish Agricultural Securities Corporation Limited. 9 In loans to any authority to which this paragraph applies charged on all or any of the revenues of the authority or on a fund into which all or any of those revenues are payable, in any fixed-interest securities issued in the United Kingdom by any such authority for the purpose of borrowing money so charged, and in deposits with any such authority by way of temporary loan made on the giving of a receipt for the loan by the treasurer or other similar officer of the authority and on the giving of an undertaking by the authority that, if requested to charge the loan as aforesaid, it will either comply with the request or repay the loan. This paragraph applies to the following authorities, that is to say— (a) any local authority in the United Kingdom; (aa) the Greater London Authority; (ab) any functional body, within the meaning of the Greater London Authority Act 1999; (b) any authority all the members of which are appointed or elected by one or more local authorities in the United Kingdom; (c) any authority the majority of the members of which are appointed or elected by one or more local authorities in the United Kingdom, being an authority which by virtue of any enactment has power to issue a precept to a local authority in England and Wales, or a requisition to a local authority in Scotland, or to the expenses of which, by virtue of any enactment, a local authority in the United Kingdom is or can be required to contribute; (d) a police and crime commissioner; (da) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (e) the Belfast City and District Water Commissioners; (f) the Great Ouse Water Authority. (g) any district council in Northern Ireland. (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (i) any residuary body established by section 57 of the Local Government Act 1985. (j) a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004. 9A In any securities issued in the United Kingdom by any authority to which paragraph 9 applies for the purpose of borrowing money charged on all or any of the revenues of the authority or on a fund into which all or any of these revenues are payable and being securities in respect of which the rate of interest is variable by reference to one or more of the following: (a) the Bank of England’s minimum lending rate; (b) the average rate of discount on allotment on 91-day Treasury Bills; (c) a yield on 91-day Treasury Bills; (d) a London sterling inter-bank offered rate; (e) a London sterling certificate of deposit rate. 10 In debentures or in the guaranteed or preference stock of any incorporated company, being statutory water undertakers within the meaning of the Water Act, 1945, or any corresponding enactment in force in Northern Ireland, and having during each of the ten years immediately preceding the calendar year in which the investment was made paid a dividend of not less than ½ per cent on its ordinary shares. 10A In any units of a gilt unit trust scheme. A gilt unit trust scheme is an authorised unit trust scheme, or a recognised scheme, the objective of which is— (a) to invest at least 90% of the property of the scheme in loan stock, bonds or other instruments creating indebtedness which— (i) are transferable; and (ii) are issued or guaranteed by the government of the United Kingdom or of any other country or territory, by a local authority in the United Kingdom or in a relevant state, or by an international organisation the members of which include the United Kingdom or a relevant state; (b) to invest the remainder of the property of the scheme in shares, debentures or other instruments creating or acknowledging indebtedness, certificates representing securities or units in a collective investment scheme. Sub-paragraphs (a) and (b) must be read with— section 22 of the Financial Services and Markets Act 2000; any relevant order under that section; and Schedule 2 to that Act. 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 In deposits with a building society within the meaning of the Building Societies Act 1986. 13 In mortgages of freehold property in England and Wales or Northern Ireland and of leasehold property in those countries of which the unexpired term at the time of investment is not less than sixty years, and in loans on heritable security in Scotland. 14 In perpetual rent charges charged on land in England and Wales or Northern Ireland and fee-farm rents (not being rent-charges) issuing out of such land ... . 15 In Certificates of Tax Deposit. 16 In fixed-interest or variable interest securities issued by the Government of a relevant state. 17 In any securities the payment of interest in which is guaranteed by the Government of a relevant state. 18 In fixed-interest securities issued in a relevant state by any public authority or nationalised industry or undertaking in any such state. 19 In fixed-interest or variable interest securities issued in a relevant state by the Government of any overseas territory within the Commonwealth or by any public or local authority within such a territory. For this purpose— (a) “ overseas territory ” means any territory or country outside the United Kingdom, and (b) the reference to the government of any overseas territory includes a reference to a government constituted for two or more overseas territories, and to any authority established for the purpose of providing or administering services which are common to, or relate to matters of common interest to, two or more such territories. 20 In fixed-interest or variable interest securities issued in a relevant state by— (a) the African Development Bank; (b) the Asian Development Bank; (c) the Caribbean Development Bank; (d) the International Finance Corporation; (e) the International Monetary Fund; (f) the International Bank for Reconstruction and Development; (g) the Inter-American Development Bank; (h) the European Atomic Energy Community; (i) the European Bank for Reconstruction and Development; (j) the European Economic Community; (k) the European Investment Bank; or (l) the European Coal or Steel Community. 21 In debentures issued in any relevant state by a company incorporated in that state. 22 In loans to any authority to which this paragraph applies secured on all or any of the revenues of the authority or on a fund into which all or any of those revenues are payable, in fixed-interest or variable interest securities issued in a relevant state by any such authority in that state for the purpose of borrowing money so secured, and in deposits with any authority to which this paragraph applies by way of temporary loan made on the giving of a receipt for the loan by the treasurer or other similar officer of the authority and on the giving of an undertaking by the authority that, if requested to charge the loan as aforesaid, it will either comply with the request or repay the loan. This paragraph applies to the following authorities, that is to say— (a) any local authority in a relevant state; or (b) any authority all the members of which are appointed or elected by one or more local authorities in any such state. 23 In deposits with a mutual investment society whose head office is located in a relevant state. 24 In loans secured on any interest in property in a relevant state which corresponds to an interest in property falling within paragraph 13 of this Part of this Schedule. Part III Wider-Range Investments 1 In any securities issued in the United Kingdom by a company incorporated in the United Kingdom, being securities registered in the United Kingdom and not being securities falling within Part II of this Schedule. 2 In shares in a building society within the meaning of the Building Societies Act 1986. 2A In any shares in an open-ended investment company within the meaning of the open-ended Investment Companies Regulations 2001 3 In any units of an authorised unit trust scheme . . .. 4 In any securities issued in any relevant state by a company incorporated in that state or by any unincorporated body constituted under the law of that state, not being (in either case) securities falling within Part II of this Schedule or paragraph 6 of this Part of this Schedule. 5 In shares in a mutual investment society whose head office is located in a relevant state. 6 In any units of a recognised scheme which does not fall within Part 2 of this Schedule. Part IV Supplemental 1 The securities mentioned in Parts I to III of this Schedule do not include any securities where the holder can be required to accept repayment of the principal, or the payment of any interest, otherwise than in sterling , in the currency of a relevant state or in the european currency unit (as defined in article 1 of Council Regulation no. 3180/78/EEC ). 2 The securities mentioned in paragraphs 1 to 8 of Part II, other than Treasury Bills or Tax Reserve Certificates, securities issued before the passing of this Act by the Government of the Isle of Man, securities falling within paragraph 4 of the said Part II issued before the passing of this Act or securities falling within paragraph 9 of that Part, and the securities mentioned in paragraph 1 of Part III of this Schedule, do not include— (a) securities the price of which is not quoted on a recognised investment exchange . . .or on an investment exchange which constitutes the principal or only market established in a relevant state on which securities admitted to official listing are dealt in or traded; (b) shares or debenture stock not fully paid up (except shares or debenture stock which by the terms of issue are required to be fully paid up within nine months of the date of issue). 2A The securities mentioned in paragraphs 16 to 21 of Part II of this Schedule, other than securities traded on a relevant money market or securities falling within paragraph 22 of Part II of this Schedule, and the securities mentioned in paragraph 4 of Part III of this Schedule do not include— (a) securities the price for which is not quoted on a recognised investment exchange . . . or on an investment exchange which constitutes the principal or only market established in a relevant state on which securities admitted to official listing are dealt in or traded; (b) shares or debenture stock not fully paid up (except shares or debenture stock which by the terms of issue are required to be fully paid up within nine months of the date of issue or shares issued with no nominal value). 3 The securities mentioned in paragraph 6 and 21 of Part II and paragraph 1 or 4 of Part III of this Schedule do not include— (a) shares or debentures of an incorporated company of which the total issued and paid up share capital is less than one million pounds; (ab) shares or debentures of an incorporated company of which the total issued and paid up share capital at any time on the business day before the investment is made is less than the equivalent of one million pounds in the currency of a relevant state (at the exchange rate prevailing in the United Kingdom at the close of business on the day before the investment is made); (b) shares or debentures of an incorporated company which has not in each of the five years immediately preceding the calendar year in which the investment is made paid a dividend on all the shares issued by the company, excluding any shares issued after the dividend was declared and any shares which by their terms of issue did not rank for the dividend for that year. For the purposes of sub-paragraph (b) of this paragraph a company formed— (i) to take over the business of another company or other companies, or (ii) to acquire the securities of, or control of, another company or other companies, or for either of those purposes and for other purposes shall be deemed to have paid a dividend as mentioned in that sub-paragraph in any year in which such a dividend has been paid by the other company or all the other companies, as the case may be. For the purposes of sub-paragraph (b) of this paragraph in relation to investment in shares or debentures of a successor company within the meaning of the Electricity (Northern Ireland) Order 1992 the company shall be deemed to have paid a dividend as mentioned in that sub-paragraph— in every year preceding the calendar year in which the transfer date within the meaning of Part III of that Order of 1992 falls (“the first investment year”) which is included in the relevant five years; and in the first investment year, if that year is included in the relevant five years and that company does not in fact pay such a dividend in that year; and “the relevant five years”means the five years immediately preceding the year in which the investment in question is made or propoosed to be made. 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 In this Schedule, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say— “debenture” includes debenture stock and bonds, whether constituting a charge on assets or not, and loan stock or notes; “enactment” includes an enactment of the Parliament of Northern Ireland; “fixed-interest securities” means securities which under their terms of issue bear a fixed rate of interest; “local authority” in relation to the United Kingdom, means any of the following authorities— in England and Wales, the council of a county, a county borough, a . . . borough . . . , an urban or rural district or a parish, the Common Council of the City of London the Greater London Council and the Council of the Isles of Scilly; in Scotland, a local authority within the meaning of the Local Government (Scotland) Act, 1947; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “mutual investment society” means a credit institution which operates on mutual principles and which is authorised by the appropriate supervisory authority of a relevant state; “relevant money market” means a money market which is supervised by the central bank or a government agency of a relevant state; “relevant state” means Austria, Finland, Iceland, Liechtenstein,Norway, Sweden or a member state other than the United Kingdom; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “securities” includes shares, debentures units within paragraph 3 or 6 of Part III of this Schedule, Treasury Bills and Tax Reserve Certificates; “share” includes stock; “Treasury Bills” includes . . . bills issued by Her Majesty’s Government in the United Kingdom and Northern Ireland Treasury Bills. 4A In this Schedule— “authorised unit trust scheme” and “recognised scheme” have the meaning given by section 237(3) of the Financial Services and Markets Act 2000; “collective investment scheme” has the meaning given by section 235 of that Act; and “recognised investment exchange” has the meaning given by section 285 of that Act. 5 It is hereby declared that in this Schedule “mortgage”, in relation to freehold or leasehold property in Northern Ireland, includes a registered charge which, by virtue of subsection (4) of section forty of the Local Registration of Title (Ireland) Act 1891, or any other enactment, operates as a mortgage by deed. 6 In relation to the United Kingdom, references in this Schedule to an incorporated company are references to a company incorporated by or under any enactment and include references to a body of persons established for the purpose of trading for profit and incorporated by Royal Charter. 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .