Commentary on Sections Overview Overview Section 859: Declarations of non-UK residence: Scottish partnerships
2604.This section applies to investments satisfying the Scottish partnership condition set out in section 856(4). It is based on sections 481(5) and 482(2), (2A) and (6) of ICTA and regulations 2(1), 4(1)(a) and (b) and 11 of the building society regulations.
2605.This section confirms that a declaration of non-UK residence in a prescribed or authorised format containing certain information is required if the investment is not to be treated as a relevant investment (see subsection (2)). See Change 130 in Annex 1.
2606.The section also ensures that a deposit will not be a relevant investment unless all the partners of the Scottish partnership are not ordinarily resident in the United Kingdom. See subsection (3) and Changes 127 and 131 in Annex 1.