If shares held as treasury shares cease to be qualifying shares, the company must forthwith cancel the shares in accordance with section 162D.
For the purposes of subsection (1), shares are not to be regarded as ceasing to be qualifying shares by virtue only of—
the suspension of their listing in accordance with the applicable rules in the EEA State in which the shares are officially listed, or
the suspension of their trading in accordance with—
in the case of shares traded on the market known as the Alternative Investment Market, the rules of London Stock Exchange plc, and
in any other case, the rules of the regulated market on which they are traded.
For the purposes of this section "regulated market" means a market which appears on the list drawn up by an EEA State pursuant to Article 47 of Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments .