List of Participants 23rd Ministerial Council Meeting 8-9 December 2016
In section 6(1A) of the Hydrocarbon Oil Duties Act 1979 (c. 5) (rates of duty on hydrocarbon oil)—
in paragraph (a) (ultra-low sulphur petrol), for “£0.4782” substitute “ £0.4582 ”; and
in paragraph (c) (ultra-low sulphur diesel), for “£0.4882” substitute “ £0.4582 ”.
That subsection shall have effect until midnight on 14th June 2001 as if for paragraph (b) (other light oil) there were substituted—. After that, paragraph (b) shall have effect as it did before.
In section 8(3) of the Hydrocarbon Oil Duties Act 1979 (c. 5) (rate of duty on road fuel gas) for “£0.1500” substitute “ £0.0900 ”.
This section shall be deemed to have come into force at 6 o’clock in the evening of 7th March 2001.
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In paragraph 1(1) of Schedule 2A to that Act (converting unleaded petrol into leaded petrol)—
for paragraphs (a) and (b) substitute—; and
in paragraph (c)—
for “paragraph (a)” substitute “ paragraph (aa) ”, and
for “paragraph (b)” substitute “ paragraph (ab) ”.
For paragraph 2A of that Schedule (mixing different kinds of unleaded petrol) substitute—.
In the case of a mixture produced in contravention of paragraph 2A above, the rate is that produced by deducting from the rate in force under section 6(1A)(b) at the time the mixture is produced the rebate which at that time is in force under section 13A.
This section shall be deemed to have come into force at 6 o’clock in the evening of 7th March 2001.
In the Hydrocarbon Oil Duties Act 1979 (c. 5), after section 20AA insert—.
In section 24(1) of the Hydrocarbon Oil Duties Act 1979 (c. 5) (regulations for the purposes of provisions providing for rebates etc.), after “section 19A” insert “ , section 20AB ”.
In section 27(1) of the Hydrocarbon Oil Duties Act 1979 (interpretation), in the definition of “rebate”, for “or 14” substitute “ , 14 or 20AB ”.
In section 12B(1)(h) of the Finance Act 1994 (c. 9) (excise duty reliefs that may be recovered under section 12A when wrongly given), after “allowed to a person by virtue of section 20AA” insert “ or 20AB ”.
For the Table of rates of duty in Schedule 1 to the Tobacco Products Duty Act 1979 (c. 7) substitute— TABLE 1. Cigarettes An amount equal to 22 per cent. of the retail price plus 92.25 per thousand cigarettes. 2. Cigars 134.69 per kilogram. 3. Hand-rolling tobacco 96.81 per kilogram. 4. Other smoking tobacco and chewing tobacco 59.21 per kilogram.
This section shall be deemed to have come into force at 6 o’clock in the evening of 7th March 2001.
In section 62(5) of the Alcoholic Liquor Duties Act 1979 (c. 4) (regulations providing for the management of the duty on cider), after paragraph (d) insert—.
Schedule 1 to this Act (which makes provision about general betting duty) has effect.
This section shall come into force in accordance with such provision as the Commissioners of Customs and Excise may make by order made by statutory instrument.
For the table in section 11(2) of the Finance Act 1997 (c. 16) (rates of gaming duty) substitute— TABLE Part of gross gaming yield Rate The first £484,500 2.5 per cent. The next £1,076,000 12.5 per cent. The next £1,076,000 20 per cent. The next £1,883,500 30 per cent. The remainder 40 per cent.
This section has effect in relation to accounting periods beginning on or after 1st April 2001.
In paragraph 1 of Schedule 1 to the Vehicle Excise and Registration Act 1994 (c. 22) (rate of duty applicable where no other rate specified), in sub-paragraphs (2) and (2A) for “1,200 cubic centimetres” (the reduced rate threshold) substitute “ 1,549 cubic centimetres ”. This amendment applies to licences issued on or after 1st July 2001.
Refunds shall be made by the Secretary of State, in accordance with the following provisions of this section, in respect of licences— where the amount of vehicle excise duty chargeable on the licence would have been less if the amendment in subsection (1) had applied.
issued in the period beginning with 1st November 2000 and ending with 30th June 2001, and
not surrendered before the end of that period,
The amount of the refund is—
£55 for a 12 month licence, and
£27.50 for a 6 month licence.
The person entitled to the refund is—
in the case of a licence in force on 30th June 2001, the keeper of the vehicle on that date;
in the case of a licence that has ceased to be in force before that date, the keeper of the vehicle when the licence expired.
For the purposes of subsection (4) the keeper of the vehicle shall be taken to be—
the person registered as keeper of the vehicle on the date in question, or
if the Secretary of State has received notification of a change of ownership of the vehicle as a result of which another person is on that date entitled to be registered as the new keeper of the vehicle, that person.
A refund shall only be made if an application is made for it in such form, and containing such particulars and supported by such documents, as the Secretary of State may require.
The Secretary of State shall give notice in writing to any person appearing to him to be entitled to a refund—
informing him that he appears to be entitled to a refund,
enclosing an application form, and
specifying the particulars and supporting documents to be provided.
An application for, or the making of, a refund under this section in respect of a licence does not affect the validity of the licence.
For the purposes of section 19 of the Vehicle Excise and Registration Act 1994 (c. 22) (surrender of licences) as it applies to the surrender on or after 1st July 2001 of a licence in respect of which a refund under this section has been made, or applied for, the annual rate of duty chargeable on the licence shall be taken to be that which would have been chargeable if the amendment in subsection (1) above had applied.
Section 45 of that Act (offence of false or misleading declaration) applies to a declaration in connection with an application for a refund under this section as it applies to a declaration in connection with an application for a vehicle licence.
In the application of this section to Northern Ireland, references to registration as the keeper of a vehicle shall be read as references to registration as the owner of the vehicle.
This section shall come into force on 1st July 2001.
Schedule 2 to this Act (which makes provision for new rates of vehicle excise duty for goods vehicles etc.) has effect.
The provisions of that Schedule apply in relation to licences issued on or after 1st December 2001.
Part 6 of Schedule 1 to the Vehicle Excise and Registration Act 1994 (annual rates of vehicle excise duty: vehicles used for exceptional loads) is amended as follows.
In paragraph 6(2A)(a) (vehicles not satisfying reduced pollution requirements), for “£5,170” substitute “ £2,585 ”.
In paragraph 6(2A)(b) (vehicles satisfying reduced pollution requirements), for “£4,170” substitute “ £2,085 ”.
The provisions of this section apply in relation to licences issued on or after 1st December 2001.
In Part 5 of Schedule 1 to the Vehicle Excise and Registration Act 1994 (c. 22) (annual rates of vehicle excise duty: recovery vehicles), paragraph 5(1) is amended as follows.
For paragraphs (a) and (b) substitute—.
In paragraph (c) (vehicle with revenue weight exceeding 25,000 kilograms charged at 500 per cent of basic goods vehicle rate), for “500” substitute “ 250 ”.
The provisions of this section apply in relation to licences issued on or after 1st December 2001.
Part 4 of Schedule 1 to the Vehicle Excise and Registration Act 1994 (annual rates of duty: special vehicles) is amended as follows.
In paragraph 4(2), after paragraph (d) insert—.
In paragraph 4, after sub-paragraph (5) insert—.
In paragraph 1A (old vehicles) of Schedule 2 to the Vehicle Excise and Registration Act 1994 (exempt vehicles)—
in sub-paragraph (2)(b)(ii) (mobile cranes etc. not exempt vehicles under paragraph 1A), after “mobile crane,” insert “ mobile pumping vehicle, ”, and
in sub-paragraph (5) (definitions), after “mobile crane” insert “ , mobile pumping vehicle ”.
The amendments made by subsections (2) to (4) apply to licences issued after the day on which this Act is passed.
Where— the vehicle shall be deemed to have been a mobile crane at any time on or before that day when the licence was in force (but this does not affect proceedings in any court that were concluded on or before that day).
a licence was issued on or before that day for a mobile pumping vehicle (within the meaning given by the paragraph 4(5A) inserted by subsection (3)) on the basis that the vehicle was a mobile crane (within the meaning given by paragraph 4(5) of Schedule 1 to the Vehicle Excise and Registration Act 1994 (c. 22)), and
vehicle excise duty was paid accordingly,
In Schedule 2 to the Vehicle Excise and Registration Act 1994 (exempt vehicles), after paragraph 20A insert—.
In Part 2 of Schedule 1 to the Vehicle Excise and Registration Act 1994 (c. 22) (annual rates of duty: motorcycles), paragraph 2 is amended as follows—
in sub-paragraph (1)(a) (rate of duty for electrically propelled motorcycles etc.), omit “or the motorcycle is an electrically propelled vehicle”, and
in sub-paragraph (3), in the definition of “motorcycle”, after “motortricycle” insert “ but does not include an electrically propelled vehicle ”.
Part 4A of Schedule 1 to the Vehicle Excise and Registration Act 1994 (annual rates of duty: special concessionary vehicles) shall cease to have effect.
The amendments made by subsections (1) to (3) and (13) apply to licences issued on or after 1st April 2001.
Subsection (6) applies where a licence—
is issued before 1st April 2001 for a relevant vehicle, and
is in force on 1st April 2001 or comes into force after 1st April 2001.
The licence shall, during the period— be deemed to be a nil licence for the purposes of the Vehicle Excise and Registration Act 1994 (c. 22).
beginning with the later of 1st April 2001 and the day when it comes into force, and
ending with the expiry of the period for which it is issued,
A refund shall be made by the Secretary of State, in accordance with the following provisions of this section, in respect of a licence for a relevant vehicle that—
is issued before 1st March 2001, in force on 1st March 2001 and not surrendered before 1st April 2001,
is issued before 1st March 2001, comes into force after 1st March 2001 and is not surrendered before 1st April 2001, or
is issued in March 2001 and not surrendered before 1st April 2001.
The amount of the refund is one-twelfth of the annual rate of duty chargeable on the licence for—
in the case of a licence issued before 1st March 2001, each whole month after February 2001 that forms part of the period for which the licence was issued, and
in the case of a licence issued on or after 1st March 2001, each whole month of the period for which the licence is issued.
The person entitled to the refund is the person registered as the keeper of the relevant vehicle on 30th April 2001.
The provisions of sections 10(2) and 19 of the Vehicle Excise and Registration Act 1994 (surrender of licences) do not apply to a licence in respect of which a person is entitled to a refund under this section.
In the application of this section to Northern Ireland, references to registration as the keeper of a vehicle shall be read as references to registration as the owner of the vehicle.
In subsections (5) to (9) “relevant vehicle” means a vehicle of any of the descriptions mentioned in the paragraphs 20B to 20J inserted by subsection (1).
For section 16(1) of the Finance Act 1996 (c. 8) substitute—.
This section shall be deemed to have come into force on 1st April 2001.
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Section 19 of the Vehicle Excise and Registration Act 1994 (surrender of licences) is amended as follows.
After subsection (1) insert—.
Subsection (3) (no rebate under subsection (1) where regulations not complied with) shall cease to have effect.
Schedule 3 to this Act (which allows or requires the Commissioners of Customs and Excise to make payments in cases of error or delay in relation to excise duty) has effect.
A tax, to be known as aggregates levy, shall be charged in accordance with this Part on aggregate subjected to commercial exploitation.
The charge to the levy shall arise whenever a quantity of taxable aggregate is subjected, on or after the commencement date, to commercial exploitation in England, Wales or Northern Ireland.
The person charged with the levy arising on any occasion on a quantity of aggregate subjected to commercial exploitation shall be the person responsible for its being so subjected on that occasion.
The levy shall be charged at the rate of £2.16 per tonne of aggregate subjected to commercial exploitation; and the amount of levy charged on a part of a tonne of aggregate shall be the proportionately reduced amount.
The levy shall be under the care and management of the Commissioners of Customs and Excise (in this Part referred to as “the Commissioners”).
In this Part “the commencement date” means such date as the Treasury may by order made by statutory instrument appoint for the purposes of this section.
In this Part “aggregate” means (subject to section 18 below) any rock, gravel or sand, together with whatever substances are for the time being incorporated in the rock, gravel or sand or naturally occur mixed with it.
For the purposes of this Part any quantity of aggregate is, in relation to any occasion on which it is subjected to commercial exploitation, a quantity of taxable aggregate except to the extent that—
it is exempt under this section;
it has previously been used for construction purposes (whether before or after the commencement date);
it is, or derives from, any aggregate that has already been subjected to a charge to aggregates levy;
it is aggregate that on the commencement date is on a site other than-
its originating site, or
a site that is required to be registered under the name of a person who is the operator, or one of the operators, of that originating site.
it has on or after the day appointed under section 18(4) of the Scotland Act 2016 (and prior to being moved to England, Wales or Northern Ireland) been removed from a relevant Scottish site to premises in Scotland of a person carrying on a business in Scotland;
it has—
on or after the day appointed under section 18(4) of the Scotland Act 2016 been removed from a site in England, Wales or Northern Ireland that falls within section 19(2) in relation to that quantity of aggregate, and
subsequently been moved to premises in Scotland of a person carrying on a business in Scotland, prior to being moved to the place in England, Wales or Northern Ireland where it is subjected to commercial exploitation;
For the purposes of this Part aggregate is exempt under this section if—
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in connection with the modification or erection of the building; and
exclusively for the purpose of laying foundations or of laying any pipe or cable;
it consists wholly of aggregate won—
by being removed from the bed of any river, canal or watercourse (whether natural or artificial) or of any channel in or approach to any port or harbour (whether natural or artificial); and
in the course of the carrying out of any dredging undertaken exclusively for the purpose of creating, restoring, improving or maintaining that river, canal, watercourse, channel or approach;
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for the purpose of improving or maintaining the highway or of constructing the proposed highway; and
otherwise than wholly or mainly for the purpose of extracting that aggregate; or
it consists wholly of the spoil, waste or other by-products , not including the overburden, resulting from the extraction or other separation from any quantity of aggregate of any china clay or ball clay; ...
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it consists wholly of the spoil from any process by which— has been separated from other rock after being extracted or won with that other rock ; or
coal, lignite or slate ..., or
a substance listed in section 18(3) below,
it consists wholly of aggregate won by being removed from the ground on the site of any or any proposed structure, or the site of any or any proposed infrastructure relating to transportation or utilities, in the course of excavations lawfully carried out—
in connection with, and necessary for, the construction, modification, maintenance or improvement of the structure or infrastructure, and
not for the purpose of extracting that aggregate.
For the purposes of this Part a quantity of any aggregate shall be taken to be a quantity of aggregate that is exempt under this section if it consists wholly or mainly of any one or more of the following, or is part of anything so consisting, namely—
coal, lignite or slate ...;
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the spoil or waste from, or other by-products of—
any industrial combustion process, or
the smelting or refining of metal;
the drill-cuttings resulting from any operations carried out in accordance with a licence granted under the Petroleum Act 1998 (c. 17) or the Petroleum (Production) Act (Northern Ireland) 1964...;
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clay, soil or vegetable or other organic matter.
In subsection (2)(ca) the reference to premises in Scotland does not include any premises located at a site that is a relevant Scottish site in relation to the quantity of aggregate.
For the purposes of this section aggregate subjected to exploitation in England, Wales or Northern Ireland is aggregate that has already been subjected to a charge to aggregates levy if, and only if—
there has been a previous occasion on which a charge to aggregates levy on that aggregate has arisen; and
at least some of the aggregates levy previously charged on that aggregate is either—
levy in respect of which there is or was no entitlement to a tax credit; or
levy in respect of which any entitlement to a tax credit is or was an entitlement to a tax credit of an amount less than the amount of the levy charged on it.
For the purposes of subsection (5)(b) above, any credit the entitlement to which arises in a case which— shall be disregarded.
falls within section 30(1)(c) below , 30A or 30B, and
is prescribed for the purposes of this subsection,
In this section—
This paragraph applies if the following two conditions are satisfied. The first condition is that a person is entitled to use rebated heavy oil in particular circumstances. The second condition is that— The Commissioners may pay to the person an amount equal to the rebate which would have been allowable under section 11 of the Hydrocarbon Oil Duties Act 1979 (c. 5) if— Rebated heavy oil is heavy oil on whose delivery for home use a rebate has been allowed under section 11 of the Hydrocarbon Oil Duties Act 1979, and unrebated heavy oil is other heavy oil.
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“limestone” includes chalk and dolomite;
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An authorised person who removes anything in the exercise of a power conferred by or under paragraph 7 or 8 above shall, if so requested by a person showing himself— provide that person with a record of what he removed. The authorised person shall provide the record within a reasonable time from the making of the request for it. Subject to sub-paragraph (7) below, if a request for permission to be allowed access to anything which— is made to the officer in overall charge of the investigation by a person who had custody or control of the thing immediately before it was so removed, or by someone acting on behalf of such a person, the officer shall allow the person who made the request access to it under the supervision of an authorised person. Subject to sub-paragraph (7) below, if a request for a photograph or copy of any such thing is made to the officer in overall charge of the investigation by a person who had custody or control of the thing immediately before it was so removed, or by someone acting on behalf of such a person, the officer shall— Subject to sub-paragraph (7) below, where anything is photographed or copied under sub-paragraph (4)(b) above, the officer shall supply the photograph or copy, or cause it to be supplied, to the person who made the request. The photograph or copy shall be supplied within a reasonable time from the making of the request. There is no duty under this paragraph to allow access to anything, or to supply a photograph or copy of anything, if the officer in overall charge of the investigation for the purposes of which it was removed has reasonable grounds for believing that to do so would prejudice— Any reference in this paragraph to the officer in overall charge of the investigation is a reference to the person whose name and address are endorsed on the warrant concerned as being the officer so in charge.
In any proceedings a certificate of the Commissioners— shall be evidence or, in Scotland, sufficient evidence of that fact. A photograph of any document provided to the Commissioners for the purposes of this Part of this Act and certified by them to be such a photograph shall be admissible in any proceedings, whether civil or criminal, to the same extent as the document itself. In any proceedings any document purporting to be a certificate under sub-paragraph (1) or (2) above shall be taken to be such a certificate unless the contrary is shown.
In this Schedule—
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in subsection (2) after “sections 432ZA to 432E” insert “or section 438B”, and
in subsection (4) after “section 432A” insert “or 438B”.
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For section 31 of the Taxes Management Act 1970 (right of appeal) substitute—. This paragraph applies in relation to—
Schedule 1A to the Taxes Management Act 1970 (c. 9) (claims etc. not included in returns) is amended as follows. For paragraph 9(1) (appeals against amendments under paragraph 7) substitute—. In paragraph 9(2) (extended time limit for appeal) for “(1)” substitute “ (1A)(b) ”. In paragraph 9(3) (Commissioners’ power to vary amendment) for “amendment under paragraph 7(3) above” substitute “ amendment made by a closure notice under paragraph 7(2) above ”. In paragraph 9(4) (application of paragraph 8 where amendment varied) for “an amendment made under paragraph 7(3) above” substitute “ any such amendment ”. In paragraph 9(5) (claims disallowed) for “specified in a notice under paragraph 7(3A)” substitute “ which was the subject of a decision contained in a closure notice under paragraph 7(3) ”. In paragraph 10 (appeals to be heard by the Special Commissioners) for “an amendment under paragraph 7(3) above of” substitute “ any conclusion stated or amendment made by a closure notice under paragraph 7(2) above relating to ”. This paragraph applies in relation to closure notices issued under paragraph 7 of Schedule 1A to the Taxes Management Act 1970 as substituted by paragraph 10 of this Schedule.
Part 11 of Schedule 18 to the Finance Act 1998 (c. 36) (company tax returns: supplementary provisions) is amended as follows. In paragraph 93 (general jurisdiction of Special or General Commissioners) after sub-paragraph (2) insert—.
In this Part references to aggregate—
include references to the spoil, waste, off-cuts and other by-products resulting from the application of any exempt process to any aggregate; but
do not include references to anything else resulting from the application of any such process to any aggregate.
In this Part “exempt process” means—
the cutting of any rock to produce stone with one or more flat surfaces;
any process by which a relevant substance is extracted or otherwise separated (whether as part of the process of winning it from any land or otherwise) from any aggregate;
any process for the production of lime or cement from limestone or from limestone and anything else.
in the case of aggregate consisting of shale, any process consisting of a use of the shale that—
is not a use of it as material or support in the construction or improvement of any structure, and
is not mixing it with anything as part of the process of producing mortar, concrete, tarmacadam, coated roadstone or any similar construction material.
In this section “relevant substance” means any of the following—
anhydrite;
ball clay;
barytes;
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china clay;
feldspar;
fireclay;
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fluorspar;
fuller’s earth;
gems and semi-precious stones;
gypsum;
any metal or the ore of any metal;
muscovite;
perlite;
potash;
pumice;
rock phosphates;
sodium chloride;
talc;
vermiculite.
The Treasury may by order made by statutory instrument—
modify the list of substances in subsection (3) above by adding any substance to that list or by removing any substance from it; and
make any such transitional provision in connection with the modification of that list under this subsection as they may think fit.
The Treasury shall not make an order under subsection (4) above by virtue of which any substance ceases to be a relevant substance unless a draft of the order has been laid before Parliament and approved by resolution of the House of Commons.
A statutory instrument containing an order under subsection (4) above that has not had to be approved in draft for the purposes of subsection (5) above shall be subject to annulment in pursuance of a resolution of the House of Commons.
For the purposes of this Part a quantity of aggregate is subjected to exploitation if, and only if—
it is removed from a site in England, Wales or Northern Ireland falling within subsection (2) below;
it becomes subject to an agreement to supply it to any person;
it is removed to a place in England, Wales or Northern Ireland from a site in Scotland that falls within subsection (2) below, or would fall within that subsection if in subsection (1)(a) of section 20 (originating sites)—
the reference to England, Wales or Northern Ireland included Scotland, and
the reference to relevant waters were to United Kingdom waters.
it is used for construction purposes; or
it is mixed, otherwise than in permitted circumstances, with any material or substance other than water.
The sites which, in relation to any quantity of aggregate, fall within this subsection are—
the originating site of the aggregate;
any site which is not the originating site of the aggregate but is registered under the name of a person under whose name that originating site is also registered;
any site not falling within paragraph (a) or (b) above to which the quantity of aggregate had been removed for the purpose of having an exempt process applied to it on that site but at which no such process has been applied to it.
For the purposes of this Part the exploitation to which a quantity of aggregate is subjected shall be taken to be commercial exploitation if, and only if—
it is subjected to exploitation in the course or furtherance of a business carried on by the person, or one of the persons, responsible for subjecting it to exploitation;
the exploitation to which it is subjected does not consist in its removal from one registered site to another in a case where both sites are registered under the name of the same person;
the exploitation to which it is subjected does not consist in or require its removal to a registered site for the purpose of having an exempt process applied to it on that site;
the exploitation to which it is subjected does not consist in or require its removal to any premises for the purpose of having china clay or ball clay extracted or otherwise separated from it on that site; and
the exploitation to which it is subjected is not such that, as a result and without its being subjected to any process involving its being mixed with any other substance or material (apart from water), it again becomes part of the land at the original site by virtue of it being used for a purpose connected with winning aggregate or other minerals from the site.
Subsection (4A) applies where, at the time when any aggregate is won from any site, a person (“P”) is in occupation for relevant purposes of—
that site, or
that site and other land.
for the purposes of the carrying on of any agricultural business, or
for the purposes of the carrying on of any forestry business or otherwise for the purposes of forestry,
For the purposes of subsection (3)(a) above “business” includes any activity of a Government department, local authority or charity.
For the purposes of this Part where a quantity of aggregate is subjected to exploitation, the exploitation shall be taken to be in England, Wales or Northern Ireland if, and only if—
the aggregate is in England, Wales or Northern Ireland or relevant waters when it is subjected to exploitation , or
the exploitation falls within subsection (1)(aa).
For the purposes of subsection (3)(e), in relation to a quantity of aggregate, “the original site” means the site from which it was won.
For the purposes of this section a quantity of aggregate becomes subject to an agreement to supply it to any person— but references in this Part to the supply of a quantity of aggregate do not include references to any supply which is effected, or is to be effected, by the transfer or creation of any interest or right in or over land.
except to the extent that it is not separately identifiable at the time when the agreement is entered into, at that time; and
to that extent, at the time when it is appropriated to the agreement;
For the purposes of this section a quantity of aggregate is mixed with a material or substance in permitted circumstances if—
the material or substance with which it is mixed consists wholly of a quantity of taxable aggregate that has not previously been subjected to commercial exploitation in England, Wales or Northern Ireland; and
the mixing takes place on a site which, in a case where it falls within subsection (2) above in relation to any part of the aggregate included in the mixture, so falls in relation to every part of it.
Where this subsection applies, so long as the site mentioned in subsection (4), or that site and the other land, continue to be occupied by P for relevant purposes, subsection (3)(e) has effect as if—
(where relevant) the reference to the land at the original site included the other land, and
the words “by virtue of it being used for a purpose connected with winning aggregate or other minerals from the site” were omitted.
For the purposes of subsections (4) and (4A) relevant purposes are—
the purposes of the carrying on of any agricultural business, or
the purposes of the carrying on of any forestry business or otherwise for the purposes of forestry.
The Treasury may by regulations made by statutory instrument make further provision with regard to the circumstances in which the subjection of a quantity of aggregate to commercial exploitation is to be taken to occur in England, Wales or Northern Ireland, including provision amending this section or any other provision of this Part.
A statutory instrument containing regulations under subsection (5A) may not be made unless a draft of the instrument has been laid before and approved by a resolution of the House of Commons.
In this Part references, in relation to any aggregate, to its originating site are references (subject to subsection (2) below)—
in the case of aggregate which has been won from the seabed of any area of sea in England, Wales or Northern Ireland or relevant waters . . ., to the site where it is first landed after being so won;
in the case of aggregate which results from the application of an exempt process to any aggregate . . ., to the site where that process was so applied;
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in any other case, to the site from which the aggregate was won or, as the case may be, from which it was most recently won.
Where any aggregate which is on its originating site on the commencement date has been mixed before that date with aggregate the originating site of which would (but for this subsection) be different, the site where the mixture is situated on that date shall be deemed for the purposes of this Part to be the originating site of all the aggregate comprised in the mixture.
For the purposes of this Part the persons operating a site are each of the following— and “operator”, in relation to a site, shall be construed accordingly.
the person who occupies the site; and
if a person other than the occupier exercises any right to exercise control over aggregate on that site, that other person;
In subsection (1) above the reference to exercising control over aggregate on a site is a reference to doing any of the following, that is to say—
winning aggregate from land at that site;
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carrying out any exempt process at that site;
storing aggregate at that site.
Subject to subsection (2) below, the persons who shall be taken for the purposes of this Part to be responsible for subjecting a quantity of aggregate to exploitation are each of the following—
in a case of the exploitation of a quantity of aggregate by its removal from its originating site or from a connected site, the operator of that site;
in a case of the exploitation of a quantity of aggregate by its removal from a site falling within section 19(2)(c) above, the operator of the site and (if different) the owner of the aggregate at the time when the removal takes place;
in a case of the exploitation of a quantity of aggregate— the person agreeing to supply it or using it for construction purposes;
by its being subjected, at a time when it is not on its originating site or a connected site, to any agreement, or
by its being used at such a time for construction purposes,
in a case of the exploitation of a quantity of aggregate— the person mentioned in paragraph (c) above and (if different) the operator of that site;
by its being subjected, at a time when it is on its originating site or a connected site, to any agreement, or
by its being used at such a time for construction purposes,
in a case of the exploitation of a quantity of aggregate by its being mixed at premises that are not comprised in its originating site or a connected site with any material or substance, the owner of the aggregate at the time when the mixing takes place and the occupier of the premises where it takes place;
in a case of the exploitation of a quantity of aggregate by its being mixed at its originating site or a connected site with any material or substance, the owner of the aggregate at the time when the mixing takes place and (if different) the operator of the site.
A person who is responsible for subjecting a quantity of aggregate to exploitation shall not be taken for the purposes of this Part to be responsible for subjecting it to commercial exploitation unless that takes place in the course or furtherance of a business carried on by him. For the purposes of this subsection “business” includes any activity of a Government department, local authority or charity.
Where by virtue of this section more than one person is charged with aggregates levy, their liabilities under this Part as persons charged with the levy shall be joint and several.
In this section “connected site”, in relation to any quantity of aggregate, means any site that falls in relation to that quantity of aggregate within section 19(2)(b).
The Commissioners may make regulations for determining the weight of any aggregate for the purposes of aggregates levy.
The regulations may—
prescribe rules for determining the weight;
authorise rules for determining the weight to be specified by the Commissioners in a prescribed manner;
authorise rules for determining the weight to be agreed between the person charged with the levy and a person acting under the authority of the Commissioners.
The regulations may, in particular, provide for the rules prescribed or authorised under the regulations to include rules about—
the method by which the weight is to be determined;
the time by reference to which the weight is to be determined;
the discounting of constituents (such as water).
The regulations may include provision that rules specified by virtue of subsection (2)(b) above—
are to have effect only in such cases as may be described in the rules; and
are not to have effect in particular cases unless the Commissioners are satisfied that such conditions as may be set out in the rules are met in those cases.
Conditions for which provision is made by virtue of subsection (4)(b) above may be framed by reference to such factors as the Commissioners think fit (such as the consent, in a particular case, of a person acting under the authority of the Commissioners).
The regulations may include provision that— the Commissioners may direct that the agreed rules shall no longer have effect.
where rules are agreed as mentioned in subsection (2)(c) above, and
the Commissioners believe that they should no longer be applied (whether because they do not give an accurate indication of the weight or are not being fully observed or for some other reason),
It shall be the duty of the Commissioners to establish and maintain a register of persons who are required to be registered for the purposes of aggregates levy.
A person is required to be registered for the purposes of aggregates levy if he—
carries out taxable activities, and
is not exempted from registration by regulations under subsection (4) below.
For the purposes of subsection (2) above a person carries out a taxable activity if a quantity of aggregate is subjected to commercial exploitation in England, Wales or Northern Ireland in circumstances in which he is responsible for its being so subjected.
The Commissioners may by regulations provide for persons carrying out taxable activities to be, to such extent and subject to such conditions or restrictions as may be prescribed, either—
exempt from the requirement of registration; or
exempt from such obligations or liabilities imposed by or under this Part on persons required to be registered for the purposes of aggregates levy as may be prescribed.
The Commissioners shall keep such information in the register as they consider it appropriate so to keep for the purposes of the care and management of aggregates levy.
In particular, where it appears to the Commissioners that any person is operating or using any premises, or intends to operate or use any premises— they may, if they think fit, register those premises, in any entry relating to that person and under his name, as a registered site.
for winning any aggregate,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for applying an exempt process to any aggregate,
for storing any aggregate, or
for mixing, otherwise than in permitted circumstances (within the meaning given by section 19(7)), any aggregate with any material or substance other than water,
for the first landing in England, Wales or Northern Ireland of aggregate won from the seabed of any area of sea in the United Kingdom or United Kingdom waters,
Where any premises are registered in accordance with subsection (6) above as a registered site, the particulars included in the register shall set out as the boundaries of the site such boundaries as appear to the Commissioners best to secure that avoidance of levy is not facilitated by the registration of any part of any premises that is not used or operated as mentioned in subsection (6) above.
Where any entry in the register at any time specifies that any premises registered under a person’s name as a registered site are to be taken to be the originating site of— any question for the purposes of this Part as to the boundaries at that time of the originating site of any such aggregate shall be conclusively determined in accordance with that entry.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
any aggregate resulting from the carrying out of any exempt process there, or
any aggregate won or landed there,
Schedule 4 to this Act (provisions with respect to registration for the purposes of aggregates levy) shall have effect.
The preceding provisions of this section and the provisions of Schedule 4 to this Act shall come into force on such date as the Treasury may by order made by statutory instrument appoint; and different days may be appointed under this subsection for different purposes.
The Commissioners may by regulations make provision—
for persons charged with aggregates levy to be liable to account for it by reference to such periods (“accounting periods”) as may be determined by or under the regulations;
for persons who are or are required to be registered for the purposes of aggregates levy to be subject to such obligations to make returns for those purposes for such periods, at such times and in such form as may be so determined; and
for persons who are required to account for aggregates levy for any period to become liable to pay the amounts due from them at such times and in such manner as may be so determined.
Without prejudice to the generality of the powers conferred by subsection (1) above, regulations under this section may contain provision—
for aggregates levy falling in accordance with the regulations to be accounted for by reference to one accounting period to be treated in prescribed circumstances, and for prescribed purposes, as levy due for a different period;
for the correction of errors made when accounting for aggregates levy by reference to any period;
for the entries to be made in any accounts in connection with the correction of any such errors and for the financial adjustments to be made in that connection;
for a person, for purposes connected with the making of any such entry or financial adjustment, to be required to provide to any prescribed person, or to retain, a document in the prescribed form containing prescribed particulars of the matters to which the entry or adjustment relates;
for enabling the Commissioners, in such cases as they may think fit, to dispense with or relax a requirement imposed by regulations made by virtue of paragraph (d) above;
for the amount of levy which, in accordance with the regulations, is treated as due for a later period than that by reference to which it should have been accounted for to be treated as increased by an amount representing interest at the rate applicable under section 197 of the Finance Act 1996 (c. 8) for such period as may be determined in accordance with the regulations.
Subject to the following provisions of this section, if any person (“the taxpayer”) fails— he shall be liable to a penalty of £250.
to comply with so much of any regulations under this section as requires him, at or before a particular time, to make a return for any accounting period, or
to comply with so much of any regulations under this section as requires him, at or before a particular time, to pay an amount of aggregates levy due from him,
Liability to a penalty under subsection (3) above shall not arise if the taxpayer satisfies the Commissioners or, on appeal, an appeal tribunal—
that there is a reasonable excuse for the failure to make the return or to pay the levy in accordance with regulations; and
that there is not an occasion after the last day on which the return or payment was required by the regulations to be made when there was a failure without reasonable excuse to make it.
Where, by reason of any failure falling within paragraph (a) or (b) of subsection (3) above— that person shall not, by reason of that failure, be liable also to a penalty under that subsection (3).
a person is convicted of an offence (whether under this Act or otherwise), or
a person is assessed to a penalty under paragraph 7 of Schedule 6 to this Act (penalty for evasion) or a penalty for a deliberate inaccuracy under Schedule 24 to the Finance Act 2007 (penalties for errors),
In subsection (1)(b) above the reference to a person who is required to be registered for the purposes of aggregates levy includes a reference to a person who would be so required but for any exemption conferred by regulations under section 24(4) above.
Where it appears to the Commissioners necessary to do so for the protection of the revenue they may require any person who is or is required to be registered to give security, or further security, for the payment of any aggregates levy which is or may become due from him.
The power of the Commissioners to require any security, or further security, under this section shall be a power to require security, or further security, of such amount and in such manner as they may determine.
A person who is responsible for any aggregate being subjected to commercial exploitation in England, Wales or Northern Ireland is guilty of an offence if, at the time it is so subjected—
he has been required to give security under this section; and
he has not complied with that requirement.
A person guilty of an offence under this section shall be liable, on summary conviction, to a penalty of level 5 on the standard scale£20,000.
Sections 145 to 155 of the Customs and Excise Management Act 1979 (c. 2) (proceedings for offences, mitigation of penalties and certain other matters) shall apply in relation to an offence under this section as they apply in relation to offences and penalties under the customs and excise Acts.
In subsection (1) above the reference to a person who is required to be registered for the purposes of aggregates levy includes a reference to a person who would be so required but for any exemption conferred by regulations under section 24(4) above.
Schedule 5 to this Act (which makes provision for the recovery of amounts of aggregates levy due from any person and for the interest payable on such amounts) shall have effect.
Schedule 6 to this Act (which makes provision for and in connection with the imposition of criminal and civil penalties for the evasion of aggregates levy and for related misconduct) shall have effect.
Schedule 7 to this Act (which provides for the supply of information to the Commissioners, for the powers under which the Commissioners may collect information for enforcement purposes and about evidence) shall have effect.
The Commissioners may, in accordance with the following provisions of this section, by regulations make provision in relation to cases where, after a charge to aggregates levy has arisen on any quantity of aggregate—
any of that aggregate is exported from the United Kingdom , from a place in England, Wales or Northern Ireland, in the form of aggregate;
an exempt process is applied to any of that aggregate;
any of that aggregate is moved to Scotland, or to the sea adjacent to Scotland, in the form of aggregate;
any of that aggregate is used in a prescribed industrial or agricultural process;
any of that aggregate is disposed of (by dumping or otherwise) in such manner not constituting its use for construction purposes as may be prescribed; or
the whole or any part of a debt due to a person responsible for subjecting the aggregate to commercial exploitation is written off in his accounts as a bad debt.
The provision that may be made in relation to any such case as is mentioned in subsection (1) above is provision—
for such person as may be specified in the regulations to be entitled to a tax credit in respect of any aggregates levy charged on the aggregate in question;
for a tax credit to which any person is entitled under the regulations to be brought into account when he is accounting for aggregates levy due from him for such accounting period or periods as may be determined in accordance with the regulations; and
for a person entitled to a tax credit to be entitled, in any prescribed case where he cannot bring the tax credit into account so as to set it against a liability to aggregates levy, to a repayment of levy of an amount so determined.
Regulations under this section may contain any or all of the following provisions—
provision making any entitlement to a tax credit conditional on the making of a claim by such person, within such period and in such manner as may be prescribed;
provision making entitlement to bring a tax credit into account, or to receive a repayment in respect of such a credit, conditional on compliance with such requirements as may be determined in accordance with the regulations;
provision requiring a claim for a tax credit to be evidenced and quantified by reference to such records and other documents as may be so determined;
provision requiring a person claiming any entitlement to a tax credit to keep, for such period and in such form and manner as may be so determined, those records and documents and a record of such information relating to the claim as may be so determined;
provision for the withdrawal of a tax credit where any requirement of the regulations is not complied with;
provision for interest at the rate applicable under section 197 of the Finance Act 1996 (c. 8) to be treated as added, for such period and for such purposes as may be prescribed, to the amount of any tax credit;
provision for anything falling to be determined in accordance with the regulations to be determined by reference to a general or specific direction given in accordance with the regulations by the Commissioners.
Without prejudice to the generality of the preceding provisions of this section, regulations under this section may also contain—
provision for ascertaining whether, when and to what extent an amount is to be taken for the purposes of any regulations under this section to have been written off in any accounts as a bad debt;
provision requiring a person who for the purposes of any such regulations is taken to have written off any amount as a bad debt to keep, for such period and in such form and manner as may be prescribed, information relating to anything subsequently paid in respect of the amount written off;
provision for the withdrawal of the whole or an appropriate part of any tax credit relating to an amount taken to have been written off as a bad debt where the whole or any part (or further part) of the amount written off is subsequently paid;
provision for ascertaining whether, and to what extent, anything received by any person is to be taken as a payment of, or of a part of, an amount taken, for the purposes of any regulations under this section, to have been written off;
provision for determining the value for the purposes of provision made by virtue of paragraph (d) above of things received otherwise than in the form of money.
Regulations made under this section shall have effect subject to the provisions of section 32 below.
In subsection (1)(aa) the reference to the sea adjacent to Scotland is to so much of the territorial sea adjacent to the United Kingdom as is to be treated as adjacent to Scotland for the purposes of the Scotland Act 1998 (see section 126(2) of that Act).
Where a person has paid an amount to the Commissioners by way of aggregates levy which was not levy due to them, they shall be liable to repay the amount to him.
The Commissioners shall not be liable to repay an amount under this section except on the making of a claim for that purpose.
A claim under this section must be made in such form and manner, and must be supported by such documentary evidence, as may be required by regulations made by the Commissioners.
The preceding provisions of this section are subject to the provisions of section 32 below.
Except as provided by this section, the Commissioners shall not, by virtue of the fact that it was not levy due to them, be liable to repay any amount paid to them by way of aggregates levy.
The Commissioners may by regulations make provision of the kind described in section 30(2) above (entitlement to tax credit) in relation to cases within subsection (2) below.
The cases are those where a charge to aggregates levy has arisen on a quantity of aggregate which has been subjected to commercial exploitation during a prescribed period.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The amount of a tax credit to which a person is entitled under the regulations must not be more than 80% of any aggregates levy charged on the aggregate in question.
Regulations under this section may in particular make provision—
for a person to be entitled to a tax credit under the regulations in respect of aggregate originating from a site in respect of which any person holds an aggregates levy credit certificate which has not been withdrawn;
for an aggregates levy credit certificate to be issued to a person in respect of a site only if an aggregates levy credit agreement is in force in respect of the site;
for the withdrawal of an aggregates levy credit certificate where the aggregates levy credit agreement in respect of which it was issued is no longer in force;
for the form and content of aggregates levy credit certificates and aggregates levy credit agreements.
Regulations under this section which make provision such as is mentioned in subsection (5)(d) above may be framed by reference to any provisions of a notice published by the Commissioners in pursuance of the regulations and not withdrawn by a further notice.
If regulations under this section make provision such as is mentioned in subsection (5) above, the Commissioners or the Northern Ireland Department may—
enter into aggregates levy credit agreements;
issue and withdraw aggregates levy credit certificates;
take such other steps as the Commissioners or the Northern Ireland Department consider appropriate in relation to aggregates levy credit agreements and aggregates levy credit certificates.
Regulations under this section which make provision such as is mentioned in subsection (5) above must include provision requiring the Northern Ireland Department to inform the Commissioners if the Northern Ireland Department issues or withdraws an aggregates levy credit certificate.
Subsections (3) to (5) of section 30 above apply to regulations under this section as they apply to regulations under that section.
The Treasury may by order made by statutory instrument amend subsection (4) above by substituting for the percentage for the time being specified in that subsection a percentage lower than 80%.
An order under subsection (10) above shall not be made unless a draft of the order has been laid before Parliament and approved by a resolution of the House of Commons.
Any expenses of the Northern Ireland Department under this section shall be charged on the Consolidated Fund of Northern Ireland.
In this section—
The Commissioners shall not be liable, on any claim for a repayment of aggregates levy, to repay any amount paid to them more than 4 years before the making of the claim.
In the case of any claim for a repayment of an amount of aggregates levy other than a claim to a repayment to which a person is entitled by virtue of tax credit regulations, it shall be a defence to that claim that the repayment of that amount would unjustly enrich the claimant.
Subsection (4) below applies for the purposes of subsection (2) above where—
there is an amount paid by way of aggregates levy which (apart from subsection (2) above) would fall to be the subject of a repayment of aggregates levy to any person (“the taxpayer”); and
the whole or a part of the cost of the payment of that amount to the Commissioners has, for practical purposes, been borne by a person other than the taxpayer.
Where, in a case to which this subsection applies, loss or damage has been or may be incurred by the taxpayer as a result of mistaken assumptions made in his case about the operation of any provisions relating to aggregates levy, that loss or damage shall be disregarded, except to the extent of the quantified amount, in the making of any determination as to—
whether or to what extent the repayment of an amount to the taxpayer would enrich him; or
whether or to what extent any enrichment of the taxpayer would be unjust.
In subsection (4) above “the quantified amount” means the amount (if any) which is shown by the taxpayer to constitute the amount that would appropriately compensate him for loss or damage shown by him to have resulted, for any business carried on by him, from the making of the mistaken assumptions.
The reference in subsection (4) above to provisions relating to aggregates levy is a reference to any provisions of—
any enactment or subordinate legislation (whether or not still in force) which relates to that levy or to any matter connected with it; or
any notice published by the Commissioners under or for the purposes of any enactment or subordinate legislation relating to aggregates levy.
Schedule 8 to this Act (which contains further provision about payments and repayments by the Commissioners and about the setting off of amounts due to or from the Commissioners under this Part and the setting of other amounts against such amounts) shall have effect.
The Commissioners may by regulations make provision of the kind described in section 30(2) (entitlement to tax credit) in relation to cases within subsection (3) below.
Tax credit to which a person is entitled under the regulations is referred to in this section as “special tax credit”.
The cases are where—
a person has been charged with, and has fully accounted for, aggregates levy in respect of the commercial exploitation of a quantity of aggregate, and
the exploitation was of imported aggregate and occurred in Northern Ireland in the period defined in subsection (5).
For this purpose aggregate is “imported” if it was won from a site in a member State other than the United Kingdom.
The period mentioned in subsection (3)(b)—
begins with 1 April 2004, and
ends with 30 November 2010.
Regulations may in particular—
provide that a person is not entitled to special tax credit unless the Department of the Environment in Northern Ireland (“the Department”) has certified under section 30D(4) that it is satisfied that specified requirements were met in relation to the site from which the aggregate originates during a period which includes the time when the aggregate was won from the site (and the certification has not been revoked);
specify further conditions for entitlement to special tax credit;
make provision about the rate at which special tax credit is to be given (including provision restricting the amount of special tax credit in cases where entitlement to a tax credit has already arisen);
provide for compound interest at the applicable rate (see section 30C) to be treated as added, for such period and for such purposes as may be prescribed, to the amount of any special tax credit;
authorise the Commissioners to adjust a person's claim for special tax credit in specified circumstances.
Regulations under subsection (6)(a) may specify the requirements in question by reference to any provisions of a notice published by the Department in pursuance of the regulations and not withdrawn by a further notice.
Subsection (3) of section 30 (except paragraph (f) of that subsection) applies to regulations under this section as it applies to regulations under that section.
Section 32(1) (time limit for claims) does not apply to a claim for repayment of aggregates levy made under regulations under this section.
The reference in section 30B(6)(d) to the applicable rate is to a rate provided for in regulations made by the Treasury.
Regulations under this section may—
provide for the rate to be determined, and to change from time to time, by reference to a rate referred to in the regulations;
include provision for different rates to apply at different times in a period for which interest is due to a person.
Regulations under this section are to be made by statutory instrument.
A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of the House of Commons.
A person may, for the purpose of making a claim for special tax credit, apply to the Department for a certification under subsection (4)(a).
The application must specify—
a site, and
a time (“the relevant time”).
Where a certification relating to a site has been wholly or partly revoked by virtue of subsection (7)(b), an application specifying that site may not specify a time falling within the period with respect to which the revocation has effect.
Where an application is made and the Department has not previously made a certification under paragraph (a) relating to both the specified site and a period that includes the relevant time, the Department must either—
certify that it is satisfied that any requirements specified by virtue of section 30B(6)(a) were met in relation to the site during a period (specified in the certification) that includes the relevant time, or
refuse the application.
If the Department makes a certification under subsection (4)(a) (a “special tax credit certification”) it must give a written notice of the certification to—
the applicant, and
HMRC.
Where an application is made and the Department has previously made a special tax credit certification relating to both the specified site and a period that includes the relevant time, the Department must give the applicant a written notice of that certification.
The Commissioners may by regulations—
make provision about the time within which an application under subsection (1) must be made and the form and content of such an application;
authorise the Department to revoke a special tax credit certification with respect to the whole or part of the period to which the certification relates if the Department is satisfied that its decision as regards the meeting of the relevant requirements (or that decision, so far as relating to the relevant part of that period) was not correct;
make any other provision that is necessary in connection with paragraph (b) and subsection (8);
provide that a revocation by virtue of paragraph (b) may not be made after a specified date.
A special tax credit certification is to be treated as never having had effect in relation to any period with respect to which it is revoked by virtue of subsection (7)(b).
Regulations under this section which make provision such as is mentioned in subsection (7)(b) must require the Department to inform the Commissioners, and any other person to whom the Department has given a written notice of the certification, if the Department revokes a special tax credit certification.
Any expenses of the Department under or by virtue of this section or section 30B are to be appropriated from the Consolidated Fund of Northern Ireland by Act of the Northern Ireland Assembly.
In this section “the Department” and “special tax credit” have the same meaning as in section 30B.
The Commissioners may by regulations make provision for securing that every non-resident taxpayer has a person resident in the United Kingdom to act as his tax representative for the purposes of aggregates levy.
Regulations under this section may, in particular, contain any or all of the following—
provision requiring notification to be given to the Commissioners where a person becomes a non-resident taxpayer;
provision requiring the appointment of tax representatives by non-resident taxpayers;
provision for the appointment of a person as a tax representative to take effect only where the person appointed is approved by the Commissioners;
provision authorising the Commissioners to give a direction requiring the replacement of a tax representative;
provision authorising the Commissioners to give a direction requiring a person specified in the direction to be treated as the appointed tax representative of a non-resident taxpayer so specified;
provision about the circumstances in which a person ceases to be a tax representative and about the withdrawal by the Commissioners of their approval of a tax representative;
provision enabling a tax representative to act on behalf of the person for whom he is the tax representative through an agent of the representative;
provision for the purposes of any provision made by virtue of paragraphs (a) to (g) above regulating the procedure to be followed in any case and imposing requirements as to the information and other particulars to be provided to the Commissioners;
provision as to the time at which things done under or for the purposes of the regulations are to take effect.
Subject to subsection (4) below, a person who— shall be liable to a penalty of £10,000.
becomes subject, in accordance with any regulations under this section, to an obligation to request the Commissioners’ approval for any person’s appointment as his tax representative, but
fails (with or without making the appointment) to make the request as required by the regulations,
A failure such as is mentioned in subsection (3) above shall not give rise to liability to a penalty under this section if the person concerned satisfies the Commissioners or, on appeal, an appeal tribunal that there is a reasonable excuse for the failure.
The tax representative of a non-resident taxpayer shall be entitled to act on the non-resident taxpayer’s behalf for the purposes of any provision made by or under this Part.
The tax representative of a non-resident taxpayer shall be under a duty, except to such extent as the Commissioners by regulations otherwise provide, to secure the non-resident taxpayer’s compliance with, and discharge of, the obligations and liabilities to which the non-resident taxpayer is subject by virtue of any provision made by or under this Part (including obligations and liabilities arising or incurred before he became the non-resident taxpayer’s tax representative).
A person who is or has been the tax representative of a non-resident taxpayer shall be personally liable— as if the obligations and liabilities to which subsection (2) above applies were imposed jointly and severally on the tax representative and the non-resident taxpayer.
in respect of any failure while he is or was the non-resident taxpayer’s tax representative to secure compliance with, or the discharge of, any obligation or liability to which subsection (2) above applies, and
in respect of anything done in the course of, or for purposes connected with, acting on the non-resident taxpayer’s behalf,
A tax representative shall not be liable by virtue of this section to be registered for the purposes of aggregates levy; but the Commissioners may by regulations—
require the registration of the names of tax representatives against the names of the non-resident taxpayers of whom they are the representatives;
make provision for the deletion of the names of persons who cease to be tax representatives.
A tax representative shall not by virtue of this section be guilty of any offence except in so far as—
he has consented to, or connived in, the commission of the offence by the non-resident taxpayer;
the commission of the offence by the non-resident taxpayer is attributable to any neglect on the part of the tax representative; or
the offence consists in a contravention by the tax representative of an obligation which, by virtue of this section, is imposed both on the tax representative and on the non-resident taxpayer.
Schedule 9 to this Act (which provides for two or more bodies corporate to be treated as members of the same group for the purposes of this Part) shall have effect.
Any aggregates levy with which a body corporate is charged in respect of aggregate subjected to commercial exploitation at a time when the body is a member of a group shall be treated for the purposes of this Part as if it were the representative member for that group (instead of that body) which is charged with the levy.
All the bodies corporate who are members of a group when any aggregates levy becomes due from the representative member, together with any bodies corporate who become members of the group while any such levy remains unpaid, shall be jointly and severally liable for any aggregates levy due from the representative member.
Subject to subsections (2) and (3) above, the Commissioners may by regulations make such provision as they consider appropriate about— in a case where the person who (apart from the regulations) would be subject to the obligation or liability is one of a number of bodies corporate registered in the name of the representative member for a group.
the person by whom any obligation or liability imposed by or under this Part is to be performed or discharged, and
the manner in which it is to be performed or discharged,
References in this section to aggregates levy being or becoming due from the representative member include references to any amounts being or becoming recoverable as if they were aggregates levy due from that member.
For the purposes of this Part—
a body corporate is a member of a group at any time in relation to which it falls to be treated as such a member in accordance with Schedule 9 to this Act; and
the body corporate which is to be taken to be the representative member for a group at any time is the member of the group which in relation to that time is the representative member under that Schedule in the case of that group.
The Commissioners may by regulations make provision for determining by what persons anything required to be done under this Part is to be done where, apart from those regulations, that requirement would fall on— but any regulations under this subsection must be construed subject to the following provisions of this section.
persons carrying on business in partnership; or
persons carrying on business together as an unincorporated body;
In determining for the purposes of this Part who at any time is the person chargeable with any aggregates levy where the persons responsible for subjecting any aggregate to commercial exploitation are persons carrying on any business— the firm or body shall be treated, for the purposes of that determination (and notwithstanding any changes from time to time in the members of the firm or body), as the same person and as separate from its members.
in partnership, or
as an unincorporated body,
Without prejudice to section 36 of the Partnership Act 1890 (c. 39) (rights of persons dealing with firm against apparent members of firm), where— that person shall be regarded for the purposes of this Part (including subsection (7) below) as continuing to be a partner until the date on which the change in the partnership is notified to the Commissioners.
persons have been carrying on in partnership any business in the course or furtherance of which any aggregate has been subjected to commercial exploitation, and
a person ceases to be a member of the firm,
Where a person ceases to be a member of a firm during an accounting period (or is treated as so ceasing by virtue of subsection (3) above) any notice, whether of assessment or otherwise, which— shall be treated as served also on him.
is served on the firm under or for the purposes of any provision made by or under this Part, and
relates to, or to any matter arising in, that period or any earlier period during the whole or part of which he was a member of the firm,
Without prejudice to section 16 of the Partnership Act 1890 (c. 39) (notice to acting partner to be notice to the firm), any notice, whether of assessment or otherwise, which— shall be treated for the purposes of this Part as served on the firm and, accordingly, where subsection (4) above applies, as served also on the former partner.
is addressed to a firm by the name in which it is registered, and
is served in accordance with this Part,
Subject to subsection (7) below, nothing in this section shall affect the extent to which, under section 9 of the Partnership Act 1890 (liability of partners for debts of the firm), a partner is liable for aggregates levy owed by the firm.
Where a person is a partner in a firm during part only of an accounting period, his personal liability for aggregates levy incurred by the firm in respect of aggregate subjected to commercial exploitation in that period shall include, but shall not exceed, such proportion of the firm’s liability as may be just and reasonable in the circumstances.
The Commissioners may by regulations make provision in accordance with the following provisions of this section for the application of this Part in cases in which an insolvency procedure is applied to a person or to a deceased person’s estate.
The provision that may be contained in regulations under this section may include any or all of the following—
provision requiring any such person as may be prescribed to give notification to the Commissioners, in the prescribed manner, of the prescribed particulars of any relevant matter;
provision requiring a person to be treated, to the prescribed extent, as if, for the purposes of this Part or such of its provisions as may be prescribed, he were the same person as the subject of the procedure; and
provision for securing continuity in the application of any of the provisions of this Part where, by virtue of any regulations under this section, any person is treated as if he were the same person as the subject of the procedure.
In subsection (2) above “relevant matter”, in relation to a case in which an insolvency procedure is applied to any person or estate, means—
the application of that procedure to that person or estate;
the appointment of any person for the purposes of the application of that procedure;
any other matter relating to—
the application of that procedure to the subject of the procedure or to his estate;
the holding of an appointment made for the purposes of that procedure; or
the exercise or discharge of any powers or duties conferred or imposed on any person by virtue of such an appointment.
Regulations made by virtue of subsection (2)(b) above may include provision for a person to cease, on the occurrence of such an event as may be prescribed, to be treated as if he were the same person as the subject of the procedure.
Regulations under this section prescribing the manner in which any notification is to be given to the Commissioners may require it to be given in such manner and to contain such particulars as may be specified in a general notice published by the Commissioners in accordance with the regulations.
Regulations under this section may provide that the extent to which, and the purposes for which, a person is to be treated under the regulations as if he were the same person as the subject of the procedure may be determined by reference to a notice given in accordance with the regulations to the person so treated.
For the purposes of this section, an insolvency procedure is applied to a person if—
a bankruptcy order, winding-up order or administration order is made or an administrator is appointed in relation to that person or a partnership of which he is a member;
an award of sequestration is made in relation to that person’s estate or the estate of a partnership of which he is a member;
that person is put into administrative receivership;
that person passes a resolution for voluntary winding up;
any voluntary arrangement approved in accordance with— comes into force in relation to that person or a partnership of which that person is a member;
Part 1 or 8 of the Insolvency Act 1986 (c. 45), or
Part II or Chapter II of Part VIII of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)) ,
a deed of arrangement registered in accordance with— takes effect in relation to that person;
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Chapter I of Part VIII of that Order,
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that person’s estate becomes vested in any other person as that person’s trustee under a trust deed (within the meaning of the Bankruptcy (Scotland) Act 2016).
For the purposes of this section, an insolvency procedure is applied to a deceased person’s estate if—
after that person’s death— is made in relation to that person’s estate under any of the provisions of the Insolvency Act 1986 (c. 45) or the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19) ) as they are applied to the administration of the insolvent estates of deceased persons; or
a bankruptcy order, or
an order with corresponding effect but a different name,
an award of sequestration is made on that person’s estate after his death.
In subsection (7) above—
the reference to any administration order is a reference to an administration order under Schedule B1 to the Insolvency Act 1986 or Article 21 of the Insolvency (Northern Ireland) Order 1989;
the reference to a person being put into administrative receivership is a reference to the appointment in relation to him of an administrative receiver, within the meaning of section 251 of that Act of 1986 or Article 5(1) of that Order of 1989; and
references to a member of a partnership include references to any person who is liable as a partner under section 14 of the Partnership Act 1890 (c. 39) (persons liable by “holding out”).
In this section “the subject of the procedure”, in relation to the application of any insolvency procedure, means the person to whom, or to whose estate, the procedure is applied.
The Commissioners may, in accordance with subsection (2) below, by regulations make provision for the purposes of aggregates levy in relation to cases where a person carries on a business of an individual who has died or become incapacitated.
The provisions that may be contained in regulations under this section are—
provision requiring the person who is carrying on the business to inform the Commissioners of the fact that he is carrying on the business and of the event that has led to his carrying it on;
provision allowing that person to be treated for a limited time as if he and the person who has died or become incapacitated were the same person; and
such other provision as the Commissioners think fit for securing continuity in the application of this Part where a person is so treated.
The Commissioners may by regulations make provision for securing continuity in the application of this Part in cases where any business carried on by a person is transferred to another person as a going concern.
Regulations under this section may, in particular, include any or all of the following—
provision requiring the transferor to inform the Commissioners of the transfer;
provision for liabilities and duties under this Part of the transferor to become, to such extent as may be provided by the regulations, liabilities and duties of the transferee;
provision for any right of either of them to a tax credit or repayment of aggregates levy to be satisfied by allowing the credit or making the repayment to the other;
provision as to the preservation of any records or accounts relating to the business which, by virtue of any regulations under paragraph 2 of Schedule 7 to this Act, are required to be preserved for any period after the transfer.
Regulations under this section may provide that no such provision as is mentioned in paragraph (b) or (c) of subsection (2) above shall have effect in relation to any transferor and transferee unless an application for the purpose has been made by them under the regulations.
Subject to section 41, an appeal shall lie to an appeal tribunal from any person who is or will be affected by any decision of HMRC with respect to any of the following matters—,
whether or not a person is charged in any case with an amount of aggregates levy;
the amount of aggregates levy charged in any case and the time when the charge is to be taken as having arisen;
the registration of any person or premises for the purposes of aggregates levy or the cancellation of any registration;
the person liable to pay the aggregates levy charged in any case, the amount of a person’s liability to aggregates levy and the time by which he is required to pay an amount of that levy;
the imposition of a requirement on any person to give security, or further security, under section 26 above and the amount and manner of providing any security required under that section;
whether or not liability to a penalty or to interest on any amount arises in any person’s case under any provision made by or under this Part, and the amount of any such liability;
any matter the decision as to which is appealable under this section in accordance with paragraph 8(6) or (7) of Schedule 6 to this Act;
the extent of any person’s entitlement to any tax credit or to a repayment in respect of a tax credit and the extent of any liability of the Commissioners under this Part to pay interest on any amount;
whether or not any person is required to have a tax representative by virtue of any regulations under section 33 above;
the giving, withdrawal or variation, for the purposes of any such regulations, of any approval or direction with respect to the person who is to act as another’s tax representative;
whether a body corporate is to be treated, or is to cease to be treated, as a member of a group, the times at which a body corporate is to be so treated and the body corporate which is, in relation to any time, to be the representative member for a group;
any matter not falling within the preceding paragraphs the decision with respect to which is contained in
an assessment under paragraphs 2 or 3 of Schedule 5 in respect of an accounting period in relation to which any return required to be made by virtue of regulations under section 25 has been made; or
an assessment under any provision of Schedule 5 other than paragraphs 2 or 3.
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requests such a notification;
has not previously been given written notification of that decision; and
if given such a notification, will be entitled to require a review of the decision under this section.
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the grounds on which he requires the further review are that the Commissioners did not, on any previous review, have the opportunity to consider certain facts or other matters; and
he does not, on the further review, require the Commissioners to consider any facts or matters which were considered on a previous review except in so far as they are relevant to any issue to which the facts or matters not previously considered relate.
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it is the duty under this section of the Commissioners to review any decision, and
they do not, within the period of forty-five days beginning with the day on which the review was required, give notice to the person requiring it of their determination on the review,
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in exercise of a power conferred by section 46(1) below (penalties) or paragraph 10(3) of Schedule 5 to this Act, paragraph 6(6) of Schedule 8 to this Act or paragraph 5(5) of Schedule 10 to this Act (penalty interest); or
for the purpose of making the amount payable conform to the amount of the liability imposed by this Part.
This section has effect subject to paragraph 8(5) of Schedule 6 to this Act.
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any decision by the Commissioners on a review under section 40 above (including a deemed confirmation under subsection (8) of that section);
any decision by the Commissioners on any such review of a decision referred to in section 40(1) above as the Commissioners have agreed to undertake in consequence of a request made after the end of the period mentioned in section 40(3) above.
Subject to subsections (2A) and (2B), where an appeal under section 40 relates to a decision (whether or not contained in an assessment) that an amount of aggregates levy is due from any person, it shall not be entertained unless the amount which HMRC have determined to be due has been paid or deposited with them.
the amount which the Commissioners have determined to be due has been paid or deposited with them; or
on being satisfied that the appellant would otherwise suffer hardship— that it should be entertained notwithstanding that that amount has not been so paid or deposited.
the Commissioners agree, or
the tribunal decide,
On an appeal under section 40 relating to a penalty under paragraph 7 of Schedule 6 to this Act (evasion), the burden of proof as to the matters specified in paragraphs (a) to (c) of sub-paragraph (1) of that paragraph shall lie upon the Commissioners.
In a case where the amount determined to be payable as aggregates levy has not been paid or deposited an appeal shall be entertained if—
HMRC are satisfied (on the application of the appellant), or
the appeal tribunal decides (HMRC not being so satisfied and on the application of the appellant),
Notwithstanding the provisions of sections 11 and 13 of the Tribunals, Courts and Enforcement Act 2007, the decision of the appeal tribunal as to the issue of hardship is final.
HMRC must offer a person (P) a review of a decision that has been notified to P if an appeal lies under section 40 in respect of the decision.
The offer of the review must be made by notice given to P at the same time as the decision is notified to P.
This section does not apply to the notification of the conclusions of a review.
Where, on an appeal under section 40 above— the assessment shall have effect as an assessment of the amount specified in the direction and (without prejudice to any power under this Part to reduce the amount of interest payable on the amount of an assessment) as if it were an assessment notified to the appellant in that amount at the same time as the original assessment.
it is found that an assessment of the appellant ... is an assessment for an amount that is less than it ought to have been, and
the tribunal give a direction specifying the correct amount,
On an appeal under section 40 above, the powers of the appeal tribunal in relation to any decision of the Commissioners shall include a power, where the tribunal allow an appeal on the ground that the Commissioners could not reasonably have arrived at the decision, either—
to direct that the decision, so far as it remains in force, is to cease to have effect from such time as the tribunal may direct; or
to require the Commissioners to conduct, in accordance with the directions of the tribunal, a review or a further review of the original decision as appropriate.
Where, on an appeal under section 40 above, the appeal tribunal find that a liability to a penalty or to an amount of interest arises, the tribunal shall not give any direction for the modification of the amount payable in respect of that liability except—
in exercise of a power conferred on the tribunal by section 46(1) below (penalties) or paragraph 10(3) or (6) of Schedule 5 to this Act, paragraph 6(6) or (9) of Schedule 8 to this Act or paragraph 5(5) or (8) of Schedule 10 to this Act (penalty interest); or
for the purpose of making the amount payable conform to the amount of the liability imposed by this Part.
Where, on an appeal under section 40 above, it is found that the whole or part of any amount paid or deposited in pursuance of section 41(2) above is not due, so much of that amount as is found not to be due shall be repaid with interest at the rate applicable under section 197 of the Finance Act 1996.
Where, on an appeal under section 40 above, it is found that the whole or part of any amount due to the appellant by way of any repayment in respect of a tax credit has not been paid, so much of that amount as is found not to have been paid shall be paid with interest at the rate applicable under section 197 of the Finance Act 1996.
Where— it shall be paid with interest at the rate applicable under section 197 of the Finance Act 1996
an appeal under section 40 above has been entertained notwithstanding that an amount determined by the Commissioners to be payable as aggregates levy has not been paid or deposited, and
it is found on the appeal that that amount is due,
Sections 85 and 85B of the Value Added Tax Act 1994 (settling of appeals by agreement and payment of tax where there is a further appeal) shall have effect as if—
the references to section 83 of that Act included references to section 40 above, and
the references to value added tax included references to aggregates levy.
Interest under subsection (6) shall be paid without any deduction of income tax.
Any person (other than P) who has the right of appeal under section 40 against a decision may require HMRC to review that decision if that person has not appealed to the appeal tribunal under section 40G.
A notification that such a person requires a review must be made within 30 days of that person becoming aware of the decision.
Where— so much of the agreement as requires any payment to be made to the supplier at the time when or after the charge to levy on that quantity of aggregate arises shall be adjusted so as to secure that the cost of discharging the liability to pay the levy, to the extent that it would otherwise have been borne by the supplier, is borne by the person making the payment.
an agreement to supply a quantity of aggregate to any person has been entered into at any time before the commencement date, and
on or after that date aggregates levy is charged on that quantity of aggregate,
Where— the agreement shall be taken to provide that aggregates levy charged in those circumstances shall be ignored in calculating the turnover or, as the case may be, price.
an agreement with regard to any sum payable in respect of the use of land (whether the sum is called rent or royalty or otherwise) provides that the amount of the sum is to be calculated by reference to—
the turnover of a business, or
the price received for minerals extracted from the land,
the agreement was entered into before commencement date, and
the circumstances are such that (had the agreement been made on or after that date) it might reasonably be expected that it would have provided that aggregates levy charged in particular circumstances be ignored in calculating the turnover or price,
HMRC must review a decision if—
they have offered a review of the decision under section 40A, and
P notifies HMRC accepting the offer within 30 days from the date of the document containing the notification of the offer.
But P may not notify acceptance of the offer if P has already appealed to the appeal tribunal under section 40G.
HMRC must review a decision if a person other than P notifies them under section 40B.
HMRC shall not review a decision if P, or another person, has appealed to the appeal tribunal under section 40G in respect of the decision.
If under section 40A, HMRC have offered P a review of a decision, HMRC may within the relevant period notify P that the relevant period is extended.
If under section 40B another person may require HMRC to review a matter, HMRC may within the relevant period notify the other person that the relevant period is extended.
If notice is given the relevant period is extended to the end of 30 days from—
the date of the notice, or
any other date set out in the notice or a further notice.
In this section “relevant period” means—
the period of 30 days referred to in—
section 40C(1)(b) (in a case falling within subsection (1)), or
section 40B(2) (in a case falling within subsection (2)), or
if notice has been given under subsection (1) or (2), that period as extended (or as most recently extended) in accordance with subsection (3).
This section applies if—
HMRC have offered a review of a decision under section 40A and P does not accept the offer within the time allowed under section 40C(1)(b) or 40D(3); or
a person who requires a review under section 40B does not notify HMRC within the time allowed under that section or section 40D(3).
HMRC must review the decision under section 40C if—
after the time allowed, P, or the other person, notifies HMRC in writing requesting a review out of time,
HMRC are satisfied that P, or the other person, had a reasonable excuse for not accepting the offer or requiring review within the time allowed, and
HMRC are satisfied that P, or the other person, made the request without unreasonable delay after the excuse had ceased to apply.
HMRC shall not review a decision if P, or another person, has appealed to the appeal tribunal under section 40G in respect of the decision.
This section applies if HMRC are required to undertake a review under section 40C or 40E.
The nature and extent of the review are to be such as appear appropriate to HMRC in the circumstances.
For the purpose of subsection (2), HMRC must, in particular, have regard to steps taken before the beginning of the review—
by HMRC in reaching the decision, and
by any person in seeking to resolve disagreement about the decision.
The review must take account of any representations made by P, or the other person, at a stage which gives HMRC a reasonable opportunity to consider them.
The review may conclude that the decision is to be—
upheld,
varied, or
cancelled.
HMRC must give P, or the other person, notice of the conclusions of the review and their reasoning within—
a period of 45 days beginning with the relevant date, or
such other period as HMRC and P, or the other person, may agree.
In subsection (6) “relevant date” means—
the date HMRC received P’s notification accepting the offer of a review (in a case falling within section 40A), or
the date HMRC received notification from another person requiring review (in a case falling within section 40B), or
the date on which HMRC decided to undertake the review (in a case falling within section 40E).
Where HMRC are required to undertake a review but do not give notice of the conclusions within the time period specified in subsection (6), the review is to be treated as having concluded that the decision is upheld.
If subsection (8) applies, HMRC must notify P or the other person of the conclusion which the review is treated as having reached.
An appeal under section 40 is to be made to the appeal tribunal before—
the end of the period of 30 days beginning with—
in a case where P is the appellant, the date of the document notifying the decision to which the appeal relates, or
in a case where a person other than P is the appellant, the date that person becomes aware of the decision, or
if later, the end of the relevant period (within the meaning of section 40D).
But that is subject to subsections (3) to (5).
In a case where HMRC are required to undertake a review under section 40C—
an appeal may not be made until the conclusion date, and
any appeal is to be made within the period of 30 days beginning with the conclusion date.
In a case where HMRC are requested to undertake a review by virtue of section 40E—
an appeal may not be made to an appeal tribunal—
unless HMRC have notified P, or the other person, as to whether or not a review will be undertaken, and
if HMRC have notified P, or the other person, that a review will be undertaken, until the conclusion date;
any appeal where paragraph (a)(ii) applies is to be made within the period of 30 days beginning with the conclusion date;
if HMRC have notified P, or the other person, that a review will not be undertaken, an appeal may be made only if the appeal tribunal gives permission to do so.
In a case where section 40F(8) applies, an appeal may be made at any time from the end of the period specified in section 40F(6) to the date 30 days after the conclusion date.
An appeal may be made after the end of the period specified in subsection (1), (3)(b), (4)(b) or (5) if the appeal tribunal gives permission to do so.
In this section “conclusion date” means the date of the document notifying the conclusion of the review.
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if collected or received in Great Britain, be placed to the general account of the Commissioners kept at the Bank of England under section 17 of the Customs and Excise Management Act 1979 (c. 2); and
if collected or received in Northern Ireland, be paid into the Consolidated Fund of the United Kingdom in such manner as the Treasury may direct.
The powers of the Commissioners under this Part to make regulations shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of the House of Commons.
Where regulations made under this Part impose a relevant requirement on any person, they may provide that if the person fails to comply with the requirement he shall be liable, subject to subsection (3) below, to a penalty of £250.
Where by reason of any conduct— that person shall not by reason of that conduct be liable also to a penalty under any regulations under this Part.
a person is convicted of an offence (whether under this Act or otherwise), or
a person is assessed to a penalty under paragraph 7 of Schedule 6 to this Act or a penalty for a deliberate inaccuracy under Schedule 24 to the Finance Act 2007 (penalties for errors),
In subsection (2) above “relevant requirement” means any requirement other than one the penalty for a contravention of which is specified in section 25(3) or 33(3) above or in paragraph 2 of Schedule 7 to this Act.
Subject to subsection (6) below, a power under this Part to make any provision by order or regulations—
may be exercised so as to apply the provision only in such cases as may be described in the order or regulations;
may be exercised so as to make different provision for different cases or descriptions of case; and
shall include power by the order or regulations to make such supplementary, incidental, consequential or transitional provision as the Treasury or, as the case may be, the Commissioners may think fit.
Subsection (5) above does not apply to an order under section 16(6) or 24(10) above.
Where a person is liable to a civil penalty imposed by or under this Part—
the Commissioners or, on appeal, an appeal tribunal may reduce the penalty to such amount (including nil) as they think proper; but
on an appeal relating to any penalty reduced by the Commissioners, an appeal tribunal may cancel the whole or any part of the Commissioners’ reduction.
In determining whether a civil penalty should be, or should have been, reduced under subsection (1) above, no account shall be taken of any of the following matters, that is to say—
the insufficiency of the funds available to any person for paying any aggregates levy due or for paying the amount of the penalty;
the fact that there has, in the case in question or in that case taken with any other cases, been no or no significant loss of aggregates levy;
the fact that the person liable to the penalty or a person acting on his behalf has acted in good faith.
For the purposes of any provision made by or under this Part under which liability to a civil penalty does not arise in respect of conduct for which there is shown to be a reasonable excuse—
an insufficiency of funds available for paying any amount is not a reasonable excuse; and
where reliance has been placed on any other person to perform any task, neither the fact of that reliance nor any conduct of the person relied upon is a reasonable excuse.
Schedule 10 to this Act (which makes provision about the assessment of civil penalties imposed and about interest on such penalties) shall have effect.
If it appears to the Treasury that there has been a change in the value of money since the time when the amount of a civil penalty provided for by this Part was fixed, they may by order made by statutory instrument substitute, for the amount for the time being specified as the amount of that penalty, such other sum as appears to them to be justified by the change.
In subsection (5) above the reference to the time when the amount of a civil penalty was fixed is a reference—
in the case of a penalty which has not previously been modified under that subsection, to the time of the passing of this Act; and
in any other case, to the time of the making of the order under that subsection that made the most recent modification of the amount of that penalty.
An order under subsection (5) above—
shall not be made unless a draft of the order has been laid before Parliament and approved by resolution of the House of Commons; and
shall not apply to the penalty for any conduct before the coming into force of the order.
In this section “civil penalty” means any penalty liability to which arises otherwise than in consequence of a person’s conviction for a criminal offence.
Any notice, notification or requirement that is to be or may be served on, given to or imposed on any person for the purposes of any provision made by or under this Part may be served, given or imposed by sending it to that person or his tax representative by post in a letter addressed to that person or representative at the latest or usual residence or place of business of that person or representative.
Any direction required or authorised by or under this Part to be given by the Commissioners may be given by sending it by post in a letter addressed to each person affected by it at his latest or usual residence or place of business.
Any direction, notice or notification required or authorised by or under this Part to be given by the Commissioners may be withdrawn or varied by them by a direction, notice or notification given in the same manner as the one withdrawn or varied.
In this Part—
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In section 181 of that Act (purchaser of land giving consideration for fixture), for subsection (2) substitute—. In section 181(3) of that Act— In section 182 of that Act (purchaser of land discharging obligations of equipment lessee), for subsections (2) and (3) substitute—. In section 184 of that Act (incoming lessee where lessor not entitled to allowances), for subsections (2) and (3) substitute—.
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In paragraph 52 of that Schedule (recovery of excessive repayments, etc.)—
in sub-paragraph (2) (excessive repayments to which paragraphs 41 to 48 apply), before “or” at the end of paragraph (ba) insert—;
in that sub-paragraph, in paragraph (c) (interest paid under section 826 of the Taxes Act 1988) for “that Act” substitute “ the Taxes Act 1988 ”;
in sub-paragraph (5) (connection of assessment for excessive payment to an accounting period), before “or” at the end of paragraph (ab) insert—; and
at the end of that sub-paragraph after “(ab)” insert “ , (ac) ”.
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“qualifying asset” has the same meaning as it has for the purposes of the Oil Taxation Act 1983 (c. 56) (see section 8 of that Act).
A person is guilty of an offence under this paragraph if his conduct during any particular period must have involved the commission by him of one or more offences under the preceding provisions of this Schedule. For the purposes of any proceedings for an offence under this paragraph it shall be immaterial whether the particulars of the offence or offences that must have been committed are known. A person guilty of an offence under this paragraph shall be liable (subject to sub-paragraph (4) below)— In the case of any offence under this paragraph, where the statutory maximum the amount of £20,000 mentioned in sub-paragraph (3)(a) is less than three times the sum of the amounts of aggregates levy which are shown to be amounts that were or were intended to be evaded by the conduct in question, the penalty on summary conviction shall be the amount equal to three times that sum (instead of the statutory maximum the amount of £20,000 mentioned in sub-paragraph (3)(a)). For the purposes of sub-paragraph (4) above the amounts of levy that were or were intended to be evaded by any conduct shall be taken to include— which was, or was intended to be, obtained in circumstances where there was no entitlement to it. In determining for the purposes of sub-paragraph (4) above how much aggregates levy (in addition to any amount falling within sub-paragraph (5) above) was or was intended to be evaded, no account shall be taken of the extent (if any) to which any liability to aggregates levy of any person fell, or would have fallen, to be reduced by the amount of any tax credit or repayments of aggregates levy to which he was, or would have been, entitled.
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Schedule 5B to the Taxation of Chargeable Gains Act 1992 (c. 12) is amended in accordance with this Part.
In paragraph 13 (value received by investor) in sub-paragraph (1) after “any value” insert “ (other than insignificant value) ”. In that sub-paragraph for “designated period” substitute “ period of restriction ”. After that sub-paragraph insert—. Omit sub-paragraph (4) of that paragraph (certain payments etc. received on a winding up or dissolution treated as receipts of value). In sub-paragraph (10) of that paragraph (interpretation of provisions applying to paragraph 13) after “this paragraph” insert “ and paragraph 13A(1) below ”. After sub-paragraph (11) of that paragraph insert—.
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the company makes a sub-contractor payment, and
paragraph 10 (treatment of expenditure where company and sub-contractor are connected) does not apply,
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If or to the extent that a transaction relates to an estate or interest in land which is situated in a disadvantaged area, it shall be disregarded for the purposes of paragraph 6 of Schedule 13 to the Finance Act 1999 (c. 16) (certification of instrument as not forming part of transaction or series of transactions exceeding specified amount). Any statement as mentioned in paragraph 6(1) of that Schedule shall be construed as leaving out of account any matter which is to be disregarded in accordance with sub-paragraph (1) above.
“connected activities”, in relation to the exploitation of aggregate in England, Wales or Northern Ireland, means any activities carried out—
After paragraph 13 insert—.
This paragraph applies if— The Commissioners must pay interest to the person on the amount concerned for the applicable period. The applicable period is the period which— Sub-paragraph (3) is subject to paragraph 11.
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Where, on an application made as mentioned in sub-paragraph (2) below, the appropriate judicial authority is satisfied that a person has failed to comply with a requirement imposed by paragraph 9 above, the authority may order that person to comply with the requirement within such time and in such manner as may be specified in the order. An application under sub-paragraph (1) above shall not be made except— In this paragraph “the appropriate judicial authority” means— In England and Wales and Northern Ireland, an application for an order under this paragraph shall be made by way of complaint; and sections 21 and 42(2) of the InterpretationAct (Northern Ireland) 1954 (c. 33 (N.I.)) shall apply as if any reference in those provisions to any enactment included a reference to this paragraph.
This paragraph applies— Statements made or documents produced or provided by or on behalf of a person shall not be inadmissible in any proceedings to which this paragraph applies by reason only that— The matters falling within this sub-paragraph are— The matter falling within this sub-paragraph is the fact that the Commissioners or, on appeal, an appeal tribunal have power under any provision of this Part of this Act to reduce a penalty.
Where— the Commissioners may, to the best of their judgement, assess the excess paid to that person and notify it to him. Where— the Commissioners may, to the best of their judgement, assess the excess repaid to that person and notify it to him. Where any person is liable to pay any amount to the Commissioners in pursuance of an obligation imposed by virtue of paragraph 1(4)(a) above, the Commissioners may, to the best of their judgement, assess the amount due from that person and notify it to him. Subject to sub-paragraph (5) below, where— the assessments may be combined and notified to him as one assessment. A notice of a combined assessment under sub-paragraph (4) above must separately identify the amount being assessed in respect of repayments of levy.
Where an assessment is made under paragraph 3 or 4 above, the whole of the amount assessed shall carry interest, for the period specified in sub-paragraph (2) below, as follows— That period is the period which— Interest under this paragraph shall be paid without any deduction of income tax. Penalty interest under this paragraph shall be compound interest calculated— For this purpose the penalty rate is the rate found by— Where a person is liable under this paragraph to pay any penalty interest, the Commissioners or, on appeal, an appeal tribunal may reduce the amount payable to such amount (including nil) as they think proper. Subject to sub-paragraph (8) below, where the person concerned satisfies the Commissioners or, on appeal, an appeal tribunal that there is a reasonable excuse for the conduct giving rise to the liability to pay penalty interest, that is a matter which (among other things) may be taken into account under sub-paragraph (6) above. In determining whether there is a reasonable excuse for the purposes of sub-paragraph (7) above, no account shall be taken of any of the following matters, that is to say— In the case of interest reduced by the Commissioners under sub-paragraph (6) above an appeal tribunal, on an appeal relating to the interest, may cancel the whole or any part of the reduction made by the Commissioners.
The Commissioners may by regulations make provision in relation to any case where— Regulations under this paragraph may provide that if the total of the amount or amounts mentioned in sub-paragraph (1)(a) above exceeds the total of the amount or amounts mentioned in sub-paragraph (1)(b) above, the latter shall be set off against the former. Regulations under this paragraph may provide that if the total of the amount or amounts mentioned in sub-paragraph (1)(b) above exceeds the total of the amount or amounts mentioned in sub-paragraph (1)(a) above, the Commissioners may set off the latter in paying the former. Regulations under this paragraph may provide that if the total of the amount or amounts mentioned in sub-paragraph (1)(a) above is the same as the total of the amount or amounts mentioned in sub-paragraph (1)(b) above no payment need be made in respect of the former or the latter. Regulations under this paragraph may provide for any limitation on the time within which the Commissioners are entitled to take steps for recovering any amount due to them in respect of aggregates levy to be disregarded, in such cases as may be described in the regulations, in determining whether any person is under such a duty to pay as is mentioned in sub-paragraph (1)(a) above. Regulations under this paragraph may include provision treating any duty to pay mentioned in sub-paragraph (1) above as discharged accordingly. References in sub-paragraph (1) above to an amount in respect of a particular tax include references not only to an amount of tax itself but also to other amounts such as interest and penalties that are or may be recovered as if they were amounts of tax. In this paragraph “tax” includes levy or duty.
Any notification of an assessment under any provision of this Schedule to a person’s representative shall be treated for the purposes of this Part of this Act as notification to the person in relation to whom the representative acts. In this paragraph “representative”, in relation to any person, means— In this paragraph “trustee in bankruptcy” includes, as respects Scotland— The powers conferred by paragraphs 9 and 10 of this Schedule are without prejudice to any power of the Commissioners to provide by tax credit regulations for any amount to be set against another.
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In paragraph 14 (value received by persons other than the investor), in sub-paragraph (1)— In sub-paragraph (3) of that paragraph (repayments etc. excluded from the effects of paragraph 13(1))— In sub-paragraph (7) of that paragraph (meaning of “subsidiary” in paragraph 14) after “this paragraph” insert “ and paragraph 14AA below ”.
In paragraph 18 (trustees: anti-avoidance)—
in sub-paragraph (1) after “13” insert “ to 13C ”, and
in sub-paragraph (2)—
in paragraph (a) for “paragraph 13 above applies” substitute “ sub-paragraph (1) of paragraph 13 above applies, or that sub-paragraph would apply were it not for the fact that the amount of value is an amount of insignificant value for the purposes of that sub-paragraph ”, and
after that paragraph insert—.
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This paragraph applies if— The Commissioners must pay interest to the person on the amount concerned for the applicable period. The applicable period is the period which— Sub-paragraph (3) is subject to paragraph 11.
This paragraph applies if— The Commissioners must pay interest to the person on the amount concerned for the applicable period. The applicable period is the period which— Sub-paragraph (3) is subject to paragraph 11.
This paragraph applies if— The Commissioners must pay interest to the person on the amount concerned for the applicable period. The applicable period is the period which— Sub-paragraph (3) is subject to paragraph 11.
In deciding the applicable period for the purposes of paragraphs 7 to 10 any period by which the Commissioners’ authorisation of the repayment, remission, rebate, drawback or payment is delayed by circumstances beyond their control must be ignored. In applying sub-paragraph (1) account must be taken in particular of any period referable to— In deciding for the purposes of sub-paragraph (2)(b) whether a period of delay is referable to a failure by a person to provide information requested, the period mentioned in sub-paragraph (4) must be taken to be so referable (except so far as may be prescribed by the Commissioners by regulations). The period is that which—
the reference to England, Wales or Northern Ireland included Scotland, and
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for paragraph (g) substitute—;
In paragraph 3(1) (chargeable events) in both paragraph (c) and paragraph (d) for “within the designated period” substitute “ before the termination date relating to those shares ”.
After paragraph 14 insert—.
In paragraph 19 (interpretation), in sub-paragraph (1)—
“the period of restriction”, in relation to any shares, means the period—
in the definition of “qualifying company” after “Act” insert “ (except that for the purposes of this Schedule the reference in section 293(1B)(b)(i) of that Act to section 304A of that Act shall be read as a reference to paragraph 8 above) ”, and
“termination date”, in relation to any shares, means the date found by applying the definition of “termination date” in section 312(1) of the Taxes Act by reference to the company that issued the shares and by reference to the shares.
In Chapter 7 of Part 2 of the Capital Allowances Act 1990 (c. 1) (machinery and plant: miscellaneous expenditure), after section 62 insert—.
The amendments made by this Part of this Schedule apply to expenditure that is incurred— The amendments made by paragraph 1 also apply to expenditure incurred before 7th August 2000 if the expenditure— Expenditure is within this sub-paragraph if— Expenditure is within this sub-paragraph if— The amendments made by paragraphs 2 and 3 also apply to expenditure incurred before 7th August 2000 if the expenditure— In sub-paragraphs (3) and (4), “decommissioning expenditure” and “decommissioning expenditure on UK infrastructure” have the same meaning as in the section 62AA inserted by paragraph 1. In sub-paragraph (4)(c) “decommissioning activity” means an activity mentioned in any of paragraphs (a) to (d) of the section 62AB(1) inserted by paragraph 1. In this paragraph “relevant chargeable period” means—
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In paragraph 14A (certain receipts to be disregarded for purposes of paragraph 14)—
for sub-paragraph (2) substitute—,
omit sub-paragraph (7) (repayments treated, for the purposes of the corporate venturing scheme, as causing insignificant changes to share capital to be disregarded), and
in sub-paragraph (8)(a) for “that Schedule” substitute “ Schedule 15 to the Finance Act 2000 (corporate venturing scheme) ”.
“authorised person” means any person acting under the authority of the Commissioners;
for purposes connected with the carrying out of any such exploitation or with any transaction involving the carrying out of any such exploitation; or
The Commissioners may by regulations impose obligations to keep records on persons who are or are required to be registered and on persons who would be so required but for an exemption by virtue of regulations under section 24(4) of this Act. Regulations under this paragraph may be framed by reference to such records as may be stipulated in any notice published by the Commissioners in pursuance of the regulations and not withdrawn by a further notice. Regulations under this paragraph may— A duty under regulations under this paragraph to preserve records may be discharged— subject to any conditions or exceptions specified in writing by the Commissioners. Subject to sub-paragraphs (7) and (8) below, a person who fails to preserve any record in compliance with— shall be liable to a penalty of £250. A failure such as is mentioned in sub-paragraph (6) above shall not give rise to any penalty under that sub-paragraph if the person required to preserve the record satisfies the Commissioners or, on appeal, an appeal tribunal that there is a reasonable excuse for the failure. Where, by reason of any such failure by any person as is mentioned in sub-paragraph (6) above— that person shall not by reason of that failure be liable also to a penalty under this paragraph. The Commissioners may if they think fit at any time modify or withdraw any ... requirement ... imposed for the purposes of this paragraph.
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Where, on an application by an authorised person, a justice of the peace or, in Scotland, a justice (within the meaning of section 307 of the Criminal Procedure (Scotland) Act 1995 (c. 46)) is satisfied that there are reasonable grounds for believing— he may make an order under this paragraph. An order under this paragraph is an order that the person who appears to the justice to be in possession of the recorded information to which the application relates shall— not later than the end of the period of seven days beginning with the date of the order, or the end of such longer period as the order may specify. The reference in sub-paragraph (2)(a) above to giving an authorised person access to the recorded information to which the application relates includes a reference to permitting the authorised person to take copies of it or to make extracts from it. Where the recorded information consists of information contained in a computer, an order under this paragraph shall have effect as an order to produce the information— This paragraph is without prejudice to the preceding paragraphs of this Schedule.
An authorised person, if it appears to him necessary for the protection of the revenue against mistake or fraud, may at any time take, from material which he has reasonable cause to believe is aggregate which is intended to be, is being, or has been subjected to exploitation in England, Wales or Northern Ireland, such samples as he may require with a view to determining how the material ought to be treated, or to have been treated, for the purposes of aggregates levy. Any sample taken under this paragraph shall be disposed of in such manner as the Commissioners may direct.
Notwithstanding any obligation not to disclose information that would otherwise apply but subject to sub-paragraph (2) below, the Commissioners may disclose any information obtained or held by them in or in connection with the carrying out of their functions in relation to aggregates levy to any of the following— Information shall not be disclosed under sub-paragraph (1) above except for the purpose of assisting a person falling within paragraphs (a) to (j) of that sub-paragraph in the performance of his duties. Notwithstanding any such obligation as is mentioned in sub-paragraph (1) above, any person mentioned in sub-paragraph (1)(a) to (j) above may disclose information— for the purpose of assisting the Commissioners in the performance of duties in relation to aggregates levy. Information that has been disclosed to a person by virtue of this paragraph shall not be disclosed by him except— References in the preceding provisions of this paragraph to an authorised officer of any person (“the principal”) are to any person who has been designated by the principal as a person to and by whom information may be disclosed by virtue of this paragraph. Where the principal is a person falling within any of paragraphs (a) to (c) above, the principal shall notify the Commissioners in writing of the name of any person designated by the principal for the purposes of this paragraph. No charge may be made for any disclosure made by virtue of this paragraph. In this paragraph “enactment” includes an enactment contained in an Act of the Scottish Parliament or in any Northern Ireland legislation.
Where, due to an error on the part of the Commissioners, a person— then, if and to the extent that they would not be liable to do so apart from this paragraph, they shall (subject to the following provisions of this paragraph) pay interest to him on that amount for the applicable period. In sub-paragraph (1) above, the reference in paragraph (a) to an amount which the Commissioners are liable to repay in consequence of the making of a payment that was not due is a reference to only so much of that amount as is the subject of a claim that the Commissioners are required to satisfy or have satisfied. In that sub-paragraph the amounts referred to in paragraph (c)— The applicable period, in a case falling within sub-paragraph (1)(a) above, is the period— The applicable period, in a case falling within sub-paragraph (1)(b) or (c) above, is the period— In determining the applicable period for the purposes of this paragraph there shall be left out of account any period by which the Commissioners’ authorisation of the payment of interest is delayed by circumstances beyond their control. The reference in sub-paragraph (6) above to a period by which the Commissioners’ authorisation of the payment of interest is delayed by circumstances beyond their control includes, in particular, any period which is referable to— In determining for the purposes of sub-paragraph (7) above whether any period of delay is referable to a failure by any person to provide information in response to a request by the Commissioners, there shall be taken to be so referable, except so far as may be provided for by regulations, any period which— The Commissioners shall not be liable to pay interest under this paragraph except on the making of a claim for that purpose. A claim under this paragraph must be in writing and must be made not more than 4 years after the end of the applicable period to which it relates. References in this paragraph— include references to the discharge by way of set-off (whether in accordance with regulations under paragraph 9 or 10 below or otherwise) of the Commissioners’ liability to pay that amount. Interest under this paragraph shall be payable at the rate applicable under section 197 of the Finance Act 1996 (c. 8).
An assessment under paragraph 3 or 4 above shall not be made more than two years after the time when evidence of facts sufficient in the opinion of the Commissioners to justify the making of the assessment comes to the knowledge of the Commissioners. Where an amount has been assessed and notified to any person under paragraph 3 or 4 above, it shall be recoverable as if it were aggregates levy due from him. Sub-paragraph (2) above does not have effect if, or to the extent that, the assessment in question has been withdrawn or reduced.
If it appears to the Commissioners that the amount which ought to have been assessed in an assessment under paragraph 3, 4 or 7 above exceeds the amount which was so assessed, then— the Commissioners may make a supplementary assessment of the amount of the excess and notify the person concerned accordingly.
under the same paragraph as that assessment was made, and
on or before the last day on which that assessment could have been made,
Regulations made under paragraph 9 or 10 above shall not require any such amount or amounts as are mentioned in sub-paragraph (1)(b) of that paragraph (“the credit”) to be set against any such amount or amounts as are mentioned in sub-paragraph (1)(a) of that paragraph (“the debit”) in any case where— For the purposes of this paragraph, an insolvency procedure is applied to a person if— In this paragraph references, in relation to any person, to the application of an insolvency procedure to that person shall not include— For the purposes of this paragraph a person shall be regarded as being in administrative receivership throughout any continuous period for which (disregarding any temporary vacancy in the office of receiver) there is an administrative receiver of that person. In this paragraph—
Subject to sub-paragraph (3) below, where an application is made to the Commissioners with respect to two or more bodies corporate and those bodies are all eligible to be treated as members of the same group, then, from the specified time— Subject to sub-paragraph (3) below, where— then, from the specified time, that body shall be included among the bodies so treated. The Commissioners may refuse an application under sub-paragraph (1) or (2) above if, and only if, it appears to them necessary to do so for the protection of the revenue; and an application that is refused under this sub-paragraph shall be, and be treated as always having been, ineffective. Where— the Commissioners shall give notice to the applicant that the application is ineffective. The Commissioners shall not refuse an application under sub-paragraph (3) above after the end of the period of ninety days beginning with the day on which the application is received by the Commissioners.
An application under this Schedule with respect to any bodies corporate must be made by one of those bodies or by the person controlling them.
For the purposes of this Schedule two or more bodies are under the same control if— For the purposes of this Schedule a body corporate shall be taken to control another body corporate if, and only if— For the purposes of this Schedule an individual or individuals shall be taken to control a body corporate if, and only if (were he or they a company) he or they would be that body’s holding company within the meaning of those provisions. In this Schedule “the specified time”, in relation to an application made under paragraph 2(1) or (2) or 3(1) above, means the beginning of such accounting period as may be specified in the application.
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Section 62A of the Capital Allowances Act 1990 (c. 1) (special allowance for costs of demolition of offshore machinery or plant) is amended as follows. In subsection (1) (section applies to expenditure that would otherwise fall within section 62(1)(b)), after “section 62(1)(b)” insert “ or 62AA(3) ”. In subsection (1)(c)— In subsection (3)(a), for “demolition” (in both places) substitute “ decommissioning ”. After subsection (3) insert—. For subsection (4) (entitlement to special allowance) substitute—. In subsection (5)(a) (election must specify amounts received for remains), for “subsection (4)(a)” substitute “ subsection (4B) ”. In the sidenote, for “demolition” substitute “ decommissioning ”.
Section 164 of the Capital Allowances Act 2001 (c. 2) (abandonment expenditure incurred before cessation of ring fence trade) is amended as follows. In subsection (1) (person carrying on ring-fence trade may elect for special allowance if he incurs abandonment expenditure), after “incurs abandonment expenditure,” insert. “ and the plant or machinery concerned has been brought into use for the purposes of that trade, ” For paragraph (b) of subsection (3) (election must specify amounts received for remains of demolished plant or machinery) substitute—. In subsection (4)(a) (entitlement to special allowance), the words “, of an amount equal to the net abandonment cost,” are omitted. For paragraph (b) of subsection (4) (section 26(3) does not apply where election made) substitute—. For subsection (5) (meaning of “net abandonment cost”) substitute—
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No payment may be made to a person under this Part of this Schedule unless—
he makes a claim in such form and manner, and containing such matters, as the Commissioners may prescribe by regulations, and
he satisfies such other conditions as the Commissioners may impose by regulations.
Aggregates levy shall be recoverable as a debt due to the Crown.
An assessment under paragraph 2 or 3 above of an amount of aggregates levy due for any accounting period— The period referred to in sub-paragraph (1)(a) above is the period of one year after evidence of facts sufficient in the Commissioners’ opinion to justify the making of the assessment first came to their knowledge. An assessment of an amount due from a person in a case involving a loss of aggregates levy— may be made at any time not more than 20 years after the end of the accounting period to which it relates (subject to sub-paragraph (4)). In sub-paragraph (3)(a) the reference to a loss brought about deliberately by the person includes a loss brought about as a result of a deliberate inaccuracy in a document given to Her Majesty's Revenue and Customs by or on behalf of that person. Where, after a person’s death, the Commissioners propose to assess an amount of aggregates levy as due by reason of some conduct of the deceased— Nothing in this paragraph shall prejudice the powers of the Commissioners under paragraph 2(4) above.
Where— that amount shall carry penalty interest for the period specified in sub-paragraph (2) below. That period is the period which—
Penalty interest under any of paragraphs 5 to 9 above shall be compound interest calculated— For this purpose the penalty rate is the rate found by— Where a person is liable under any of paragraphs 5 to 9 above to pay any penalty interest, the Commissioners or, on appeal, an appeal tribunal may reduce the amount payable to such amount (including nil) as they think proper. Subject to sub-paragraph (5) below, where the person concerned satisfies the Commissioners or, on appeal, an appeal tribunal that there is a reasonable excuse for the conduct giving rise to the liability to pay penalty interest, that is a matter which (among other things) may be taken into account under sub-paragraph (3) above. In determining whether there is a reasonable excuse for the purposes of sub-paragraph (4) above, no account shall be taken of any of the following matters, that is to say— In the case of interest reduced by the Commissioners under sub-paragraph (3) above an appeal tribunal, on an appeal relating to the interest, may cancel the whole or any part of the reduction made by the Commissioners.
Where an assessment is made under paragraph 12 above to an amount of penalty interest under any of paragraphs 5 to 9 above— Where— that amount shall be deemed for the purposes of any further liability to interest to have been paid on the specified date.
In section 52(5) of the Finance Act 1997 (c. 16) (definition of relevant taxes for the purposes of the power to make provision by regulations for enforcement by diligence of the relevant taxes), after paragraph (d) there shall be inserted—.
In this Schedule “penalty interest” shall be construed in accordance with paragraph 10 above. Any notification of an assessment under any provision of this Schedule to a person’s representative shall be treated for the purposes of this Part of this Act as notification to the person in relation to whom the representative acts. In this Schedule “representative”, in relation to any person, means— In this paragraph “trustee in bankruptcy” includes, as respects Scotland—
In this Schedule “civil penalty” means any penalty liability to which— In this Schedule— Any notification of an assessment under any provision of this Schedule to a person’s representative shall be treated for the purposes of this Part of this Act as notification to the person in relation to whom the representative acts. In this paragraph “representative”, in relation to any person, means— In this paragraph “trustee in bankruptcy” includes, as respects Scotland—
Subject to sub-paragraphs (2) and (3) below, an assessment under paragraph 2 above to a civil penalty shall not be made more than 4 years after the conduct to which the penalty relates. An assessment of a person to a civil penalty in a case involving a loss of aggregates levy— may be made at any time not more than 20 years after the conduct to which the penalty relates (subject to sub-paragraph (3)). In sub-paragraph (2)(a) the reference to a loss brought about deliberately by the person includes a loss brought about as a result of a deliberate inaccuracy in a document given to Her Majesty's Revenue and Customs by or on behalf of that person. Where, after a person’s death, the Commissioners propose to assess an amount of a civil penalty due by reason of some conduct of the deceased—
Where a person is liable for interest under paragraph 5 above, the Commissioners may assess the amount due by way of interest and notify it to him accordingly. If, where an assessment has been notified to any person under sub-paragraph (1) above or this sub-paragraph, it appears to the Commissioners that the amount which ought to have been assessed exceeds the amount that has already been assessed, the Commissioners may make a supplementary assessment of the amount of the excess and notify that person accordingly. Where an amount has been assessed and notified to any person under this paragraph, it shall be recoverable as if it were aggregates levy due from him. Sub-paragraph (3) above— Paragraph 4 above shall apply in relation to assessments under this paragraph as if any assessment to interest on a penalty were an assessment under paragraph 2 above to the penalty in question. Subject to sub-paragraph (7) below, where a person— the assessments may be combined and notified to him as one assessment. A notice of a combined assessment under sub-paragraph (6) above must separately identify the interest being assessed.
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In section 28C of the Taxes Management Act 1970 (determination of tax in absence of personal or trustee return), in subsection (4) (effect of subsequent self-assessment on recovery proceedings), for “an officer of the Board has commenced any proceedings” substitute “ proceedings have been commenced ”. In paragraph 40 of Schedule 18 to the Finance Act 1998 (c. 36) (determination of tax in absence of company tax return), in sub-paragraph (4) (effect of subsequent self-assessment on recovery proceedings), for “the Inland Revenue have begun proceedings” substitute “ proceedings have been begun ”. This paragraph applies in relation to proceedings begun after the passing of this Act.
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An unregistered person who— shall notify the Commissioners of that fact. An unregistered person who— shall, in such cases or circumstances as may be prescribed in the regulations, notify the Commissioners of that fact. For the purposes of sub-paragraphs (1) and (1A) above, taxable activities are registrable if a person carrying them out is, by reason of doing so, required by section 24(2) of this Act to be registered for the purposes of aggregates levy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If the Commissioners are satisfied that a registered person— they may cancel his registration with effect from such time after he last carried out such activities as appears to them to be appropriate. Sub-paragraph (1) above applies whether or not the registered person has notified the Commissioners under paragraph 3 above. Where a registered person is exempted from the requirement to be registered by virtue of regulations under section 24(4), the Commissioners may cancel his registration with effect from the time when he became so exempted or such later time as appears to them to be appropriate. The Commissioners shall be under a duty to exercise the power conferred by sub-paragraph (1) or (3) above with effect from any time if, where the power is exercisable, they are satisfied that the conditions specified in sub-paragraph (5) below are satisfied and were or will be satisfied at that time. Those conditions are— Where— they shall cancel his registration with effect from the date of his registration. Where— they shall cancel his registration with effect from the date of his registration.
The Commissioners may publish, by such means as they think fit, any information which— The descriptions are— Information may be published in accordance with this paragraph notwithstanding any obligation not to disclose the information that would otherwise apply.
Where it appears to the Commissioners— they may assess the amount of the levy due from that person for that period to the best of their judgement and notify that amount to that person. The defaults falling within this sub-paragraph are— Where it appears to the Commissioners that a default falling within sub-paragraph (2) above is a default by a person on whom the requirement to make a return is imposed in his capacity as the representative of another person, sub-paragraph (1) above shall apply as if the reference to the amount of aggregates levy due included a reference to any aggregates levy due from that other person. In a case where— they may, in the assessment in relation to the later period, specify an amount of aggregates levy due that is greater than the amount that they would have considered to be appropriate had they had regard only to the later period. Where an amount has been assessed and notified to any person under this paragraph, it shall be recoverable on the basis that it is an amount of aggregates levy due from him. Sub-paragraph (5) above does not have effect if, or to the extent that, the assessment in question has been withdrawn or reduced.
Where— that amount shall carry penalty interest for the period specified in sub-paragraph (2) below. That period is the period which—
Subject to sub-paragraph (4) below, where— the additional amount shall carry interest for the period specified in sub-paragraph (2) below. That period is the period which— Interest under this paragraph— Where— the only interest carried by that amount under this paragraph shall be interest, at the rate given by sub-paragraph (3)(a) above, for the period before the day on which the assessment is notified.
Interest under any of paragraphs 5 to 9 above shall be paid without any deduction of income tax. Sub-paragraph (3) below applies where— In such a case—
In section 51(5) of the Finance Act 1997 (c. 16) (definition of relevant taxes for the purposes of the power to make provision by regulations for enforcement by distress of the relevant taxes), after paragraph (d) there shall be inserted—.
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In paragraph 16 (information), in sub-paragraph (1)(a) for “in the designated period” substitute “ before the termination date relating to those shares ”. After sub-paragraph (2) of that paragraph insert—. After sub-paragraph (3) of that paragraph insert—. If the inspector has reason to believe— The amendments made by this paragraph have effect in relation to events occurring on or after 7th March 2001.
Except where provision is made to the contrary, the amendments made by this Schedule have effect in accordance with the following provisions of this paragraph. The amendments made by paragraphs ... 26 to 29 and 37 have effect— The amendments made by paragraphs ... 30 to 34 and 36 have effect— For the purposes of this paragraph—
In section 221(1) of that Act (meaning of “sale and finance leaseback”), in paragraph (b)(iii), for “any person” substitute “ S or by a person (other than B) who is connected with S ”.
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In section 271 of the Taxation of Chargeable Gains Act 1992 (c. 12) (miscellaneous exemptions), after subsection (11) insert—.
In section 545 of the Capital Allowances Act 2001 (c. 2) (life assurance business: investment assets), for subsection (3) substitute—.
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For section 9A of the Taxes Management Act 1970 (c. 9) (power to enquire into returns) substitute—. In section 9A(2)(a) of the Taxes Management Act 1970 (c. 9) (as substituted by sub-paragraph (1) above) as it applies in relation to returns for years of assessment before the year 2001-02, for “up to the end of the period of twelve months after the filing date” substitute “ twelve months beginning with that date ”.
In Part 4 of Schedule 18 to the Finance Act 1998 (c. 36) (enquiry into company tax return), after paragraph 31 insert—. This paragraph applies in relation to an enquiry under Part 4 of Schedule 18 to the Finance Act 1998 (c. 36)—
A person who, having become liable to give a notification by virtue of paragraph 1 above, ceases (whether before or after being registered) to have the intention of carrying out taxable activities shall notify the Commissioners of that fact. A person who fails to comply with sub-paragraph (1) above shall be liable to a penalty of £250.
For the purposes of any provision made by or under section 24 of this Act or this Schedule for any matter to be notified to the Commissioners, regulations made by the Commissioners may make provision— For those purposes the Commissioners may also by regulations impose obligations requiring a person who has given a notification to notify the Commissioners if any information contained in or provided in connection with that notification is or becomes inaccurate. The power under this paragraph to make regulations as to the time within which any notification is to be given shall include power to authorise the Commissioners to extend the time for the giving of a notification.
If, where an assessment has been notified to any person under paragraph 2 above or this paragraph, it appears to the Commissioners that the amount which ought to have been assessed as due for any accounting period exceeds the amount that has already been assessed, the Commissioners may make a supplementary assessment of the amount of the excess and notify that person accordingly. Where an amount has been assessed and notified to any person under this paragraph it shall be recoverable on the basis that it is an amount of aggregates levy due from him. Sub-paragraph (2) above does not have effect if, or to the extent that, the assessment in question has been withdrawn or reduced.
Where— the whole of the amount paid shall be taken to have carried interest for the period specified in sub-paragraph (2). That period is the period which— The interest payable by virtue of this paragraph shall be payable at the rate applicable under section 197 of the Finance Act 1996 (c. 8).
Subject to sub-paragraph (2) below, where the Commissioners make an assessment under paragraph 12 below of an amount of interest payable at the rate given by paragraph 8(3)(a) above, that amount shall carry penalty interest for the period which— Where— the amount paid before that date shall not carry penalty interest under this paragraph.
Where a person is liable for interest under any of paragraphs 5 to 9 above, the Commissioners may assess the amount due by way of interest and notify it to him accordingly. If, where an assessment has been notified to any person under sub-paragraph (1) above or this sub-paragraph, it appears to the Commissioners that the amount which ought to have been assessed exceeds the amount that has already been assessed, the Commissioners may make a supplementary assessment of the amount of the excess and notify that person accordingly. Where an amount has been assessed and notified to any person under this paragraph, it shall be recoverable as if it were aggregates levy due from him. Sub-paragraph (3) above— Paragraph 4 above shall apply in relation to assessments under this paragraph as if any assessment to interest were an assessment under paragraph 2 above to aggregates levy due for the period which is the relevant accounting period in relation to that interest. Subject to sub-paragraph (7) below, where a person— the assessments may be combined and notified to him as one assessment. A notice of a combined assessment under sub-paragraph (6) above must separately identify the interest being assessed. The relevant accounting period for the purposes of this paragraph is— In a case where— that levy shall be treated for the purposes of interest on any of that levy as aggregates levy due for such period or periods as the Commissioners may determine to the best of their judgement and notify to the person liable.
This paragraph applies where— For the purposes of this paragraph a walking possession agreement is an agreement under which, in consideration of the property distrained upon being allowed to remain in the custody of the person in default and of the delaying of its sale, the person in default— Subject to sub-paragraph (4) below, if the person in default is in breach of the undertaking contained in a walking possession agreement, he shall be liable to a penalty equal to one half of the levy or other amount referred to in sub-paragraph (1)(b) above. The person in default shall not be liable to a penalty under sub-paragraph (3) above if he satisfies the Commissioners or, on appeal, an appeal tribunal that there is a reasonable excuse for the breach in question. This paragraph extends only to Northern Ireland.
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In paragraph 36 (requirement that money raised is employed for purposes of a relevant trade), for sub-paragraph (1) substitute—. In sub-paragraph (5) of that paragraph— The amendments made by this paragraph have effect—
In paragraph 57 (repayments etc. of insignificant amounts disregarded for the purposes of paragraph 56), in sub-paragraph (1) after “remaining” insert “ issued ”. In sub-paragraph (3) of that paragraph for “payment” substitute “ repayment ”. The amendment made by sub-paragraph (1) has effect— The amendment made by sub-paragraph (2) shall be deemed always to have had effect.
In section 28(2) of the Capital Allowances Act 2001 (c. 2) (expenditure on thermal insulation of industrial buildings), after “ordinary Schedule A business” insert “ or an overseas property business ”.
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after “are issued” insert “(“the relevant time”)”, and
if the order was made after the relevant time.
References in this Part to the use of anything for construction purposes are references to either of the following, except in so far as it consists in the application to it of an exempt process, that is to say—
using it as material or support in the construction or improvement of any structure;
mixing it with anything as part of the process of producing mortar, concrete, tarmacadam, coated roadstone or any similar construction material.
References in this Part to winning any aggregate are references to winning it—
by quarrying, dredging, mining or collecting it from any land or area of the seabed; or
by separating it in any other manner from any land or area of the seabed in which it is comprised.
References in this Part, in relation to any accounting period, to aggregates levy due from any person for that period are references (subject to any regulations made by virtue of section 25(2)(a) above) to the aggregates levy for which that person is required, in accordance with regulations under section 25 above, to account by reference to that period.
References in this Part to a repayment of aggregates levy or of an amount of aggregates levy are references to any repayment of an amount to any person by virtue of—
any tax credit regulations;
section 31 above;
paragraph 11(3) of Schedule 5 to this Act; or
paragraph 6(3) of Schedule 10 to this Act.
For the purposes of this Part a person is resident in the United Kingdom at any time if, at that time—
that person has an established place of business in the United Kingdom;
that person has a usual place of residence in the United Kingdom; or
that person is a firm or unincorporated body which (without being resident in the United Kingdom by virtue of paragraph (a) above) has amongst its partners or members at least one individual with a usual place of residence in the United Kingdom.
In section 1(1) of the Provisional Collection of Taxes Act 1968 (c. 2) (taxes in relation to which resolutions may have temporary statutory effect), after “landfill tax,” there shall be inserted “ aggregates levy, ”.
In section 197(2) of the Finance Act 1996 (c. 8) (enactments for which interest rates are set under section 197), after paragraph (g) there shall be inserted—.
In section 827 of the Taxes Act 1988 (no deduction for penalties etc.), the following subsection shall be inserted after subsection (1D)—.
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the starting rate shall be 10%,
the basic rate shall be 22%, and
the higher rate shall be 40%.
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For the year 2001-02 the amount specified in section 1(2)(aa) of the Taxes Act 1988 (the starting rate limit) shall be £1,880.
Accordingly, section 1(4) of that Act (indexation), so far as it relates to the amount so specified, does not apply for that year.
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In section 257AA(2) of the Taxes Act 1988 (which specifies the amount by reference to which the children’s tax credit is calculated) for “£4,420” substitute “£5,200”.
This section has effect for the year 2001-02 and subsequent years of assessment.
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After section 257AA(2) of the Taxes Act 1988 (which specifies the amount by reference to which the children’s tax credit is calculated) insert—.
After subsection (3) of that section (reduction of amount where claimant has income within the higher rate band) insert—.
After subsection (4) of that section (meaning of “qualifying child”) insert—.
In section 257C(1) and (3) of the Taxes Act 1988 (indexation) for “257AA(2)” substitute “257AA(2) and (2A)”.
Schedule 13B to the Taxes Act 1988 (children’s tax credit: provisions applicable where child lives with more than one adult in a year of assessment) is amended in accordance with Schedule 11 to this Act.
Subsections (1) to (3) and (5) above have effect for the year 2002-03 and subsequent years of assessment.
Subsection (4) above has effect for the purposes of the application of section 257AA of the Taxes Act 1988 for the year 2003-04 and subsequent years of assessment.
Corporation tax shall be charged for the financial year 2002 at the rate of 30%.
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the small companies' rate shall be 20%, and
the fraction mentioned in section 13(2) of the Taxes Act 1988 (marginal relief for small companies) shall be one fortieth.
For the financial year 2001—
the corporation tax starting rate shall be 10%, and
the fraction mentioned in section 13AA(3) of the Taxes Act 1988 (marginal relief for small companies) shall be one fortieth.
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The consequential amendments in Part 2 of Schedule 12 to this Act have effect.
This section has effect for the year 2002-03 and subsequent years of assessment.
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This section applies if—
mileage allowance payments are made to an employee or office-holder in respect of the use of a vehicle that is not a company vehicle, or
mileage allowance relief is available in respect of the use by an employee or office-holder of a vehicle.
A nil liability notice in force immediately before 6th April 2002 shall cease to have effect in relation to— in respect of expenses incurred in connection with the use of the vehicle by the employee or office-holder for business travel.
payments made, or
benefits, facilities, non-cash vouchers, credit-tokens or cash vouchers provided,
In subsection (2) “nil liability notice” means a notice under—
section 144(1) of the Taxes Act 1988 (notice of nil liability in respect of non-cash vouchers, credit-tokens or cash vouchers), or
section 166(1) of that Act (notice of nil liability in respect of payments, benefits or facilities).
In this section—
“taxable aggregate” shall be construed in accordance with section 17(2) to (4) above;
In Chapter 3 of Part 2 of the Capital Allowances Act 2001 (c. 2) (plant and machinery: qualifying expenditure), for section 36 (restriction on qualifying expenditure in case of employment or office) substitute—.
Section 80 of that Act (vehicles provided for purposes of employment or office) is repealed.
The above amendments apply to expenditure incurred on or after 6th April 2002.
Where immediately before 6th April 2002— the employee shall be treated for the purposes of that Part of that Act as if he had ceased to own the asset at that time.
expenditure incurred by an employee on the provision of a mechanically propelled road vehicle, or a cycle, was qualifying expenditure for the purposes of Part 2 of the Capital Allowances Act 2001 (c. 2) , and
the employee is treated for the purposes of that Part as owning an asset as a result of that expenditure having been incurred,
In subsection (4)—
This Schedule shall come into force in accordance with provision made by the Commissioners by order. A reference in a provision of this Schedule to the commencement day is to such day as the Commissioners appoint by such order for the purposes of that provision.
The Commissioners shall register a person who is required to be registered for the purposes of aggregates levy with effect from the time when the requirement arose. Where any two or more bodies corporate are members of the same group they shall be registered together as one person in the name of the representative member. The registration of a body corporate carrying on a business in several divisions may, if the body corporate so requests and the Commissioners see fit, be in the names of those divisions. The registration of— may be in the name of the firm or body concerned.
The Commissioners may by regulations make provision for and with respect to the correction of entries in the register. Regulations under this paragraph may, to such extent as appears to the Commissioners appropriate for keeping the register up to date, make provision requiring— to notify the Commissioners of changes in circumstances relating to themselves, their businesses or any other matter with respect to which particulars are contained in the register (or would be, were the person registered).
In this Schedule— and “unregistered” shall be construed accordingly. For the purposes of this Schedule a person carries out a taxable activity if a quantity of aggregate is subjected to commercial exploitation in England, Wales or Northern Ireland in circumstances in which he is responsible for its being so subjected.
Two or more bodies corporate are eligible to be treated as members of a group for the purposes of this Part of this Act if—
each of them has an established place of business in the United Kingdom; and
they are all under the same control.
If it appears to the Commissioners necessary to do so for the protection of the revenue, the Commissioners may, by notice given to any body corporate that is treated as a member of a group and to the representative member, terminate that treatment from such time as may be specified in the notice. Where— they shall, by notice given to the body corporate and the representative member, terminate that treatment from such time as may be specified in the notice. Where— the Commissioners shall, by notice given to such one of the bodies corporate mentioned in paragraph (c) above as they think fit, substitute that body corporate as the representative member as from that time. The time specified in a notice under sub-paragraph (1) above shall not be a time before the day on which the notice is given to the representative member. Subject to sub-paragraph (6) below, the time specified in a notice under sub-paragraph (2) or (3) above may be a time before the giving of the notice. In the case of a notice given under sub-paragraph (2) above in respect of a body corporate’s having ceased to be eligible to be treated as a member of a group, the time specified in the notice shall not be before the time when it so ceased.
For the purposes of any provision made by or under this Schedule for an application to be made to the Commissioners, regulations made by the Commissioners may make provision— For those purposes the Commissioners may also by regulations impose obligations requiring a person who has made an application to notify the Commissioners if any information contained in or provided in connection with that application is or becomes inaccurate. The power under this paragraph to make regulations as to the time within which any application is to be made shall include power to authorise the Commissioners to extend the time for the making of an application. Sub-paragraphs (1) to (3) above shall apply for the purposes of any provision made by or under this Schedule for any matter to be notified to the Commissioners as they apply for the purposes of any provision so made for an application to be made to them; and for this purpose references to the making of the application shall be construed as references to the giving of the notification.
Where a person is liable to a civil penalty, the Commissioners may assess the amount due by way of penalty and notify it to him accordingly. If, where an assessment has been notified to any person under sub-paragraph (1) above or this sub-paragraph, it appears to the Commissioners that the amount which ought to have been assessed exceeds the amount that has already been assessed, the Commissioners may make a supplementary assessment of the amount of the excess and notify that person accordingly. The fact that any conduct giving rise to a civil penalty may have ceased before an assessment is made under this paragraph shall not affect the power of the Commissioners to make such an assessment. Where an amount has been assessed and notified to any person under this paragraph, it shall be recoverable as if it were aggregates levy due from him. Sub-paragraph (4) above— Subject to sub-paragraph (7) below, where a person— the assessments may be combined and notified to him as one assessment. A notice of a combined assessment under sub-paragraph (6) above must separately identify the penalty being assessed. The power to make an assessment under this paragraph is subject to paragraph 8(4) of Schedule 6 to this Act.
Subject to sub-paragraph (2) below, where the Commissioners make an assessment under paragraph 2 above of any civil penalty to which a person is liable the amount of that penalty shall carry penalty interest for the period which— Where— the amount paid before that date shall not carry penalty interest under this paragraph. Penalty interest under this paragraph shall be compound interest calculated— For this purpose the penalty rate is the rate found by— Where a person is liable under this paragraph to pay any penalty interest, the Commissioners or, on appeal, an appeal tribunal may reduce the amount payable to such amount (including nil) as they think proper. Subject to sub-paragraph (7) below, where the person concerned satisfies the Commissioners or, on appeal, an appeal tribunal that there is a reasonable excuse for the conduct giving rise to the liability to pay penalty interest, that is a matter which (among other things) may be taken into account under sub-paragraph (5) above. In determining whether there is a reasonable excuse for the purposes of sub-paragraph (6) above, no account shall be taken of any of the following matters, that is to say— In the case of interest reduced by the Commissioners under sub-paragraph (5) above, an appeal tribunal, on an appeal relating to the interest, may cancel the whole or any part of the reduction made by the Commissioners.
Where an assessment is made under paragraph 7 above to an amount of penalty interest under paragraph 5 above— Where— that amount shall be deemed for the purposes of any further liability to interest to have been paid on the specified date.
Schedule 15 to the Finance Act 2000 (c. 17) (corporate venturing scheme) is amended in accordance with this Part.
Section 62B of the Capital Allowances Act 1990 (c. 1) (abandonment expenditure incurred within 3 years of ceasing ring fence trade) is amended as follows. In subsection (1)(b) (section applies where expenditure incurred within 3 years of ceasing trade), for “the demolition of” substitute “ decommissioning ”. In subsection (1)(c) (section applies where expenditure would have been abandonment expenditure under section 62A if incurred earlier), for “demolition” substitute “ decommissioning ”. In subsection (2) (expenditure net of receipts for remains is eligible for allowances), for “the machinery or plant referred to in that paragraph” substitute “ any of the machinery or plant referred to in that paragraph on whose demolition any of the post-cessation expenditure was incurred ”.
Section 163 of the Capital Allowances Act 2001 (c. 2) (meaning of “abandonment expenditure”) is amended as follows. In subsection (2)(b), for “the demolition of” substitute “ decommissioning ”. In subsection (2)(b)(ii), at the end insert “ or which, when last in use for the purposes of a ring-fence trade, was, or formed part of, such an installation or pipeline. ”. In subsection (3), for “demolition” substitute “ decommissioning ”. After subsection (4) insert—.
The amendments made by this Part of this Schedule (but see sub-paragraph (9)) apply to expenditure that is incurred— The amendments made by paragraph 5 also apply to expenditure incurred before 7th August 2000 if the expenditure— Expenditure is within this sub-paragraph if— Expenditure is within this sub-paragraph if— The amendments made by paragraphs 6 to 8 (but see sub-paragraph (9)) also apply to expenditure incurred before 7th August 2000 if the expenditure— In sub-paragraphs (3) and (4), “decommissioning expenditure” and “decommissioning expenditure on UK infrastructure” have the same meaning as in the sections 161C and 161D inserted by paragraph 5. In sub-paragraph (4)(c) “decommissioning activity” means an activity mentioned in any of paragraphs (a) to (c) of the section 161B(1) inserted by paragraph 5. In this paragraph “relevant chargeable period” means— Sub-paragraphs (1) to (8) do not apply to the amendments made by paragraphs 7(2) and 8(2). Those amendments shall be deemed always to have had effect.
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a company is entitled to land remediation relief for an accounting period,
it is carrying on a Schedule A business or a trade in that period, and
it has qualifying land remediation expenditure that is allowable as a deduction in computing for tax purposes the profits of the Schedule A business or the trade for that period,
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a company has a qualifying land remediation loss, and
by virtue of that qualifying land remediation loss, a payment is made to the company in respect of a land remediation tax credit,
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For the purposes of this Schedule, a “subsequent new owner” is any participator in the field who has the transferred interest, or any part of the transferred interest, as a result of—
a transfer by the new participator of the whole or part of the transferred interest, or
the combination of such a transfer as is mentioned in paragraph (a) and—
a transfer by a subsequent new owner of the whole or part of the transferred interest, or
two or more such transfers as are mentioned in sub-paragraph (i).
The unrelievable portion of the allowable loss is so much of the intermediate unrelieved loss as cannot be relieved under paragraph 7 against relevant profits. In this Schedule— In sub-paragraph (2) “expenditure unrelated to the field” has the meaning given by section 6(9) of that Act.
The intermediate unrelieved loss may not be relieved against relevant profits to the extent that those profits have already been utilised for the purposes of paragraph 7.
A power to make an order or regulations under this Schedule is exercisable by statutory instrument. An order or regulations under this Schedule— Regulations under this Schedule are subject to annulment in pursuance of a resolution of either House of Parliament.
References in this Schedule to the Commissioners are to the Commissioners of Customs and Excise.
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Section 197AA of the Taxes Act 1988 (works bus services: exemption from charge on benefits) is amended as follows.
In subsection (1) (which confers the exemption), after “section 154 (taxable benefits: general charging provision)” insert “, or under section 157 (charge on provision of car for private use),”.
In subsection (2) (meaning of works bus service), after “by means of a bus” insert “, or a minibus,”.
“minibus” means a vehicle constructed or adapted for the carriage of passengers which has a seating capacity of 9 or more, but less than 12;
In subsection (6) after “154” insert “or 157”.
After subsection (8) (determination of seating capacity) insert—.
This section has effect for the year 2002-03 and subsequent years of assessment.
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Schedule 15 to this Act (which makes amendments relating to the enterprise investment scheme) has effect.
Schedule 16 to this Act has effect.
In that Schedule— ... Part 2 makes amendments relating to the corporate venturing scheme.
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for income tax purposes, as respects allowances and charges falling to be made for chargeable periods ending on or after 6th April 2001, and
for corporation tax purposes, as respects allowances and charges falling to be made for chargeable periods ending on or after 1st April 2001.
Schedule 18 to this Act (fixtures provided in connection with provision of energy management services) has effect in relation to expenditure incurred on or after 1st April 2001.
The Schedule has effect—
for income tax purposes, as respects allowances and charges falling to be made for chargeable periods ending on or after 6th April 2001, and
for corporation tax purposes, as respects allowances and charges falling to be made for chargeable periods ending on or after 1st April 2001.
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Schedule 20 to this Act (capital allowances in respect of expenditure incurred on decommissioning offshore infrastructure) has effect.
Schedule 21 (which makes minor amendments to the Capital Allowances Act 2001 (c. 2) ) has effect.
The amendments made by the Schedule have effect—
for income tax purposes, as respects allowances and charges falling to be made for chargeable periods ending on or after 6th April 2001, and
for corporation tax purposes, as respects allowances and charges falling to be made for chargeable periods ending on or after 1st April 2001.
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Schedule 23 to this Act (which contains consequential amendments) has effect accordingly.
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The following provisions of the Taxes Act 1988 are repealed— section 534 (relief for copyright payments etc.); section 535 (relief where copyright sold after ten years or more); section 537A (relief for payments in respect of designs); section 538 (relief for painters, sculptors and other artists). The repeals have effect in relation to payments actually receivable on or after 6th April 2001.
Part 2 of Schedule 24 to this Act contains amendments consequential on the preceding provisions of this section.
In section 48(2)(a) of the Finance (No.2) Act 1997 (c. 58) (favourable tax treatment for certain expenditure on film production, etc. incurred before 2nd July 2002) for “2nd July 2002” substitute “ 2nd July 2005 ”.
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Section 577 of the Taxes Act 1988 (prohibition on deduction of expenses in providing business entertainment or gifts) is amended as follows.
In subsection (8)(b) (under which gifts not amounting to more than £10 in any year are disregarded)—
for “year” substitute “relevant tax period”, and
for “£10” substitute “£50”.
After that subsection insert—.
This section applies in relation to the year 2001-02 and subsequent years of assessment or, in the case of companies, in relation to accounting periods beginning on or after 1st April 2001.
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Section 601 of the Taxes Act 1988 (charge on payment to employer out of funds held for purposes of exempt approved scheme) is amended as follows.
In subsection (2) (amount recoverable by Board from employer) for “40 per cent. of the payment” substitute “the relevant percentage of the payment”.
After that subsection insert—.
This section applies to payments made to employers after the passing of this Act.
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In the Taxation of Chargeable Gains Act 1992 (c. 12), for section 59A (limited liability partnerships) substitute—.
In Chapter 2 of Part 5 of the Taxation of Chargeable Gains Act 1992 (c. 12) (relief for gifts of business assets), after section 169 insert—
In section 170(9) of the Taxation of Chargeable Gains Act 1992 (groups of companies: meaning of “company”), in paragraph (b) after “company” insert “ (other than a limited liability partnership) ”.
Subsection (3) above shall be deemed to have come into force on 3rd May 2001 and applies where section 59A(1) of the Taxation of Chargeable Gains Act 1992 ceased or ceases to apply as mentioned in section 169A of that Act (as inserted by that subsection) on or after that date.
The other provisions of this section shall be deemed to have come into force on 6th April 2001.
Schedule 25 to this Act has effect with respect to limited liability partnerships whose business consists wholly or mainly in the making of investments.
The provisions of that Schedule shall be deemed to have come into force on 6th April 2001.
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Section 171A of the Taxation of Chargeable Gains Act 1992 (notional transfers within a group) shall be deemed to have been enacted with the following amendments.
In subsection (2) (corporation tax consequences of election for asset disposed of by member A of a group to be treated as if, immediately before the disposal, it had been transferred to member B of the group) omit the word “and” immediately preceding paragraph (c) and at the end of that paragraph add—; and.
In subsection (4) (election to be made before second anniversary of end of accounting period of A in which disposal made) for “before” substitute “on or before”.
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Schedule A1 to the Taxation of Chargeable Gains Act 1992 (c. 12) (application of taper relief) shall have effect with the amendments specified in Schedule 26 to this Act.
Those amendments shall have effect, and be deemed always to have had effect, as if they had been included among the amendments made by section 67 of the Finance Act 2000 (c. 17).
Schedule 29 to the Finance Act 2000 (chargeable gains: non-resident companies and groups etc) shall be deemed to have been enacted with the following paragraph added at the end of Part 3 (transitional provisions) after paragraph 46—.
Section 13 of the Taxation of Chargeable Gains Act 1992 (attribution of gains to members of non-resident companies) is amended as follows.
In subsection (4) (no attribution if amount does not exceed one twentieth of gain) for “one twentieth” substitute “ one tenth ”.
In subsection (5) (gains to which the section does not apply) for paragraph (b) substitute—.
For subsection (5A) (credit for tax on attributed gain in relation to later distribution) substitute—
After subsection (10A) insert—.
This section applies to chargeable gains accruing as mentioned in section 13(1) of the Taxation of Chargeable Gains Act 1992 (c. 12) on or after 7th March 2001.
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Part 1 of Schedule 25 to the Taxes Act 1988 (acceptable distribution policy) is amended as follows.
and paragraph 2B below has effect for the purposes of paragraph (b) above.
After paragraph 2A insert—.
In paragraph 4 (controlled foreign company dividends passing up a chain of related companies) at the end of sub-paragraph (1) (which provides for a payment made by a controlled foreign company to be regarded as made to a United Kingdom resident) add “and shall be taken to satisfy the conditions in paragraph 2(1A) above”.
and paragraph 4A below has effect for the purposes of paragraph (b) above.
In sub-paragraph (2) of that paragraph (interpretation) after “one company is related to another if” insert “neither is resident in the United Kingdom and”.
After paragraph 4 insert—
This section applies to dividends paid on or after 7th March 2001 by a controlled foreign company for any accounting period of that controlled foreign company which ends on or after that date.
In this section “accounting period” and “controlled foreign company” have the same meaning as they have in Chapter 4 of Part 17 of the Taxes Act 1988.
Schedule 28 to this Act (which makes amendments relating to Chapter 2 of Part 13 of the Taxes Act 1988) has effect.
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The amendments made by Part 2 of that Schedule (which relate to the provision by insurers etc of information relating to chargeable events happening in connection with a policy or contract) have effect in relation to chargeable events happening on or after 6th April 2002.
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Section 736B of the Taxes Act 1988 (deemed manufactured payments in case of stock lending arrangements) is amended as follows.
In subsection (2) (application of provisions to deemed manufactured payments) after “shall apply” insert “, subject to subsection (2A) below,”.
After that subsection insert—
This section applies to payments treated under section 736B as made on or after 3rd October 2000.
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In section 98 of the Taxes Management Act 1970 (c. 9) (penalties for failing to make, or making incorrectly, certain returns etc.), after subsection (4) insert—.
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Subsections (1) to (3) apply to payments made on or after 1st April 2001.
Sections 247 and 248 of the Taxes Act 1988 (companies within a group may elect for section 349 not to apply to payments between them) shall cease to have effect.
Subsection (5) applies in relation to payments made after the day on which this Act is passed.
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Section 13 of the Taxes Act 1988 (small companies' relief) is amended in accordance with subsections (2) to (4).
In subsection (7) (profits of company for accounting period)—
in paragraph (a), omit “resident in the United Kingdom”, and
in paragraph (b), for “section 247(1A)” substitute “subsection (7A) below”.
After subsection (7) insert—.
For subsection (8AA) (interpretation of subsection (7)) substitute—.
After section 13 of the Taxes Act 1988 insert—
The amendments made by this section apply for the purposes of accounting periods ending on or after 1st April 2001.
The provisions of section 438A of, and Schedule 19AB to, the Taxes Act 1988 (provisional repayments in respect of tax borne by deduction and tax credits) shall cease to have effect as follows.
Those provisions shall not apply in relation to income tax borne by deduction from payments received after 30th September 2001.
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section 121 of the Finance Act 1993 (c. 34) (application of Schedule 19AB to tax exempt business of friendly societies) and any regulations under that section, and
any regulations under section 333B of the Taxes Act 1988 (individual savings account business etc. of insurance companies and friendly societies),
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The provisions of section 438A of, and Schedule 19AB to, the Taxes Act 1988 shall not apply in relation to tax credits in respect of distributions made on or after 6th April 2004.
Schedule 29 to this Act (amendments to the machinery of self-assessment) has effect.
In that Schedule— Part 1 makes provision about the amendment or correction of returns, Part 2 makes provision about enquiries into returns, Part 3 makes provision for the referral of questions to the Special Commissioners during an enquiry, Part 4 makes provision about the procedure on completion of an enquiry, and Part 5 contains minor and consequential amendments.
Except as otherwise provided, the amendments in that Schedule have effect as from the passing of this Act in relation to returns—
whether made before or after the passing of this Act, and
whether relating to periods before or after the passing of this Act.
In sections 66(1) and 67(1) of the Taxes Management Act 1970 (c. 9) (proceedings in county court or sheriff court to recover tax due and payable under an assessment), omit the words “under any assessment”. This amendment applies in relation to proceedings begun after the passing of this Act.
For section 69 of the Taxes Management Act 1970 substitute— This amendment applies—
to proceedings begun (or a counterclaim made) after the passing of this Act, and
to a set-off first claimed after the passing of this Act.
... This amendment applies to certificates tendered in evidence after the passing of this Act.
Section 824 of the Taxes Act 1988 (repayment supplements) is amended as follows.
After subsection (2B) insert—.
In subsection (3), after paragraph (aa) insert—.
This section applies in relation to repayments made after the passing of this Act.
In section 100 of the Taxes Management Act 1970 (determination of penalties by officer of the Board), in subsection (6) (revision of penalty if amount of tax taken into account discovered to be excessive), after “a penalty under” insert “ section 93(2), (4) or (5) of this Act or ”.
This section applies in relation to penalties determined at any time whether before or after the passing of this Act.
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No stamp duty shall be chargeable under Part 1 or 2, or paragraph 16 of Part 3, of Schedule 13 to the Finance Act 1999 (c. 16) on— if the land is situated in a disadvantaged area.
a conveyance or transfer of an estate or interest in land, or
a lease of land,
Where stamp duty would be chargeable on an instrument but for subsection (1), that subsection shall have effect in relation to the instrument only if the instrument is certified to the Commissioners as being an instrument on which stamp duty is by virtue of that subsection not chargeable.
No instrument which is certified as mentioned in subsection (2) shall be taken to be duly stamped unless—
it is stamped in accordance with section 12 of the Stamp Act 1891 (c. 39) with a particular stamp denoting that it is not chargeable with any duty or that it is duly stamped, or
it is stamped with the duty to which it would have been liable but for this section.
For the purposes of this section and Schedule 30 to this Act, a disadvantaged area is an area designated as such by regulations made by the Treasury; and any such regulations may—
designate specified areas as disadvantaged areas, or
provide for areas of a description specified in the regulations to be designated as disadvantaged areas.
If regulations under subsection (4) so provide, the designation of an area as a disadvantaged area shall have effect for such period as may be specified by or determined in accordance with the regulations.
Schedule 30 to this Act (which makes further provision about land in disadvantaged areas) shall have effect.
This section and Schedule 30 to this Act shall be construed as one with the Stamp Act 1891.
The provisions of this section and Schedule 30 to this Act shall have effect in relation to instruments executed on or after such date as may be specified by order made by the Treasury.
Regulations under subsection (4)—
may make different provision for different cases, and
may contain such incidental, supplementary, consequential or transitional provision as appears to the Treasury to be necessary or expedient.
The power to make regulations under subsection (4) shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of the House of Commons.
The power to make an order under subsection (8) shall be exercisable by statutory instrument.
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Schedule 19 to the Finance Act 1999 (c. 16) (which abolishes charges to stamp duty, and introduces a charge to stamp duty reserve tax, in relation to units under a unit trust scheme) is amended as follows.
In paragraph 2(4) (charge to be subject to exclusions provided in paragraphs 6 and 7) after “6” insert “, 6A”.
If a certificate is given in accordance with paragraph 6A(1)(c) in respect of a period which includes the relevant two-week period in the case of the unit in question in sub-paragraph (1), there shall be left out of account in applying this paragraph in relation to that unit— “Individual pension account” has the same meaning in sub-paragraph (6) as it has in paragraph 6A.
After paragraph 6 insert—
The amendment made by subsection (3) has effect where the relevant two-week period mentioned in paragraph 4(1) of Schedule 19 to the Finance Act 1999 (c. 16) ends after 6th April 2001.
The other amendments made by this section have effect in relation to surrenders made or effected on or after 6th April 2001.
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Where there are two or more classes of shares in an open-ended investment company and the company’s instrument of incorporation— there is no charge to stamp duty reserve tax under Part 2 of Schedule 19 to the Finance Act 1999 (c. 16) on the surrender of a share of any of the IPA classes.
provides that shares of one or more of those classes (“the IPA classes”) may only be held within an individual pension account, and
does not make such provision in relation to shares of at least one other class,
References in this section to provisions of Schedule 19 to the Finance Act 1999 (c. 16) are references to those provisions as they have effect in relation to open-ended investment companies by virtue of regulations from time to time in force under section 152 of the Finance Act 1995 (c. 4)(as at 6th April 2001, see regulations 3 to 4B of the 1997 Regulations as amended by regulations 4 and 5 of the 1999 (No.2) Regulations).
In this section—
For the purposes of subsections (2) and (3)—
This section has effect in relation to surrenders made or effected on or after 6th April 2001.
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This section forms part of the SIP code (see section 488 of the Income Tax (Earnings and Pensions) Act 2003 (... share incentive plans)).
Accordingly, expressions used in this section and contained in the index at the end of Schedule 2 to that Act (... share incentive plans) have the meaning indicated by that index.
Where, under a Schedule 2 SIP, partnership shares or dividend shares are transferred by the trustees to an employee—
no ad valorem stamp duty is chargeable on any instrument by which the transfer is made, and
no stamp duty reserve tax is chargeable on any agreement by the trustees to make the transfer.
But subsection (3) does not apply to—
any instrument executed (within the meaning of the Stamp Act 1891) before 6th April 2003, or
any agreement to transfer shares made before that date.
The supplies falling within this paragraph also include supplies of children’s car seats.
After paragraph 6 of that Schedule insert—.
The amendments made by this section have effect in relation to supplies made after the day on which this Act is passed.
The supplies falling within this paragraph also include— The supplies falling within this paragraph also include— Sub-paragraph (9) below applies where a supply of services is only in part a supply to which sub-paragraph (6)(a) or (7)(a) above applies. The supply, to the extent that it is one to which paragraph (a) of sub-paragraph (6) or (7) above applies, is to be taken to be a supply to which that paragraph applies; and an apportionment may be made to determine that extent.
After paragraph 7 of that Schedule (which also is inserted by section 96 of this Act) insert—.
The amendments made by this section have effect in relation to supplies made after the day on which this Act is passed.
The Value Added Tax Act 1994 (c. 23) is amended as follows.
After section 33 insert—
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Section 79 (repayment supplements) is amended in accordance with subsections (5) to (7).
In subsection (1) (entitlement to supplement), after paragraph (b) insert—, or .
In subsection (5) (how supplement to be treated), after paragraph (b) insert—, and
In subsection (6)(b) (meaning of “requisite return or claim”), after “section 33” insert “ or (as the case may be) the Commissioners’ determination under, and the provisions of, section 33A. ”.
In section 90(3) (VAT not to be refunded if it is repayable under the Provisional Collection of Taxes Act 1968 (c. 2)), after “section 33,” insert “ 33A, ”.
In Note (9) of Group 14 of Schedule 9 (no entitlement to both exemption and refund), after “33,” insert “ 33A, ”.
Subject to subsection (11), this section comes into force on 1st September 2001.
For the purpose only of the exercise of the power to make orders under the section 33A(9) inserted by this section, this section comes into force on the day on which this Act is passed.
For the purpose of re-enacting the provisions of the Value Added Tax Act 1994 (c. 23) that provide for VAT on certain supplies, acquisitions and importations to be charged at a reduced rate of 5 per cent., that Act is amended as follows.
In section 2(1) (VAT to be charged at the rate of 17.5 per cent.), after “Subject to the following provisions of this section” insert “ and to the provisions of section 29A ”.
Section 2(1A) to (1C) and Schedule A1 (which are superseded by the new section 29A and Schedule 7A) shall cease to have effect.
In Part 2 (reliefs, exemptions and repayments), after the heading “Reliefs etc. generally available” insert—.
After Schedule 7 insert the Schedule 7A set out in Part 1 of Schedule 31 to this Act.
The consequential amendments in Part 2 of Schedule 31 to this Act have effect.
The following provisions have effect in relation to supplies made, and acquisitions and importations taking place, on or after 1st November 2001—
subsections (2) and (5),
subsection (3) so far as providing for section 2(1A) and (1B), and Schedule A1, to cease to have effect, and
subsection (4) so far as inserting subsections (1) and (2) of the new section 29A.
Subsection (3), so far as providing for section 2(1C) to cease to have effect, comes into force on 1st November 2001.
Subsection (6)—
so far as relating to the amendments made by paragraphs 2 and 6(2) of Schedule 31 to this Act, has effect in relation to orders under section 2(2) of the Value Added Tax Act 1994 (c. 23) that make changes only in the rate of VAT that is in force at times on or after 1st November 2001;
so far as relating to the amendment made by paragraph 3 of Schedule 31 to this Act, has effect in relation to supplies made, or to be made, on or after 1st November 2001.
In section 48 of the Value Added Tax Act 1994 (VAT representatives), in subsection (1) (directions requiring appointment of representative), for paragraph (b) substitute—.
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For subsection (2) of that section (power of taxable person to appoint representative) substitute—
The amendments made by this section come into force on 31st December 2001.
In section 6 of the Oil Taxation Act 1975 (c. 22) (allowance of unrelievable loss from abandoned field), for subsections (1) and (1A) substitute—.
In subsection (2) of that section, for “subsection (1) above” substitute “ subsection (1B) above ”.
In section 113(2) of the Finance Act 1984 (c. 43)—
for the words from “which, in the case” to “in subsection (1)” substitute “ falling within subsection (1B) ”; and
for “from that other field” substitute “ from the abandoned field ”.
Schedule 32 to this Act has effect.
The provisions of this section shall be deemed to have come into force on 7th March 2001.
In section 3 of the Oil Taxation Act 1975 (c. 22) (allowable expenditure), for subsections (1C) and (1D) (apportionment of decommissioning expenditure) substitute—.
In subsection (6) of that section, for “subsection (1C) or subsection (1D)” substitute “ subsections (1C) and (1D) ”.
In section 10(2) of that Act (which, in particular, provides that although excluded oil is not oil for the purposes of section 3 of that Act it is oil for the purposes of section 3(1D)), for “subsection (1D)” substitute “ subsections (1C) and (1D) ”.
The amendments made by subsections (1) to (3) apply to expenditure incurred on or after 7th March 2001.
Subsections (6) to (8) apply where—
on or after 7th March 2001 a participator in a taxable field (“the transitional participator”) incurs expenditure that falls to be apportioned under the new provision,
the transitional participator was a participator in the field both immediately before, and at the beginning of, 7th March 2001,
the qualifying asset that is relevant to the incurring of the expenditure was, at both of the times mentioned in paragraph (b), a qualifying asset in relation to the transitional participator and the field, and
at a time before 7th March 2001—
a person was a participator in two or more oil fields, and
the asset was a qualifying asset in relation to that person and each of at least two of those fields.
If there would be no apportionment of the expenditure under the old provision, for the purpose of applying the new provision to the expenditure “the relevant portion” of the expenditure is the taxable field portion.
If the expenditure would be apportioned between two or more oil fields under the old provision, for the purpose of applying the new provision to the expenditure “the relevant portion” of the expenditure is the portion of the taxable field portion which it is just and reasonable to apportion to use of the asset in connection with the field.
In carrying out that apportionment of the taxable field portion, ignore use of the asset in connection with an oil field that is not one of the oil fields between which the expenditure would be apportioned under the old provision.
In subsections (6) to (8) “the taxable field portion” means the portion of the expenditure that it is just and reasonable to apportion to use of the asset in connection with a taxable field.
In subsections (5) to (8)—
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or it would have the effect mentioned in paragraph (a), (b) or (c) were it not a receipt of insignificant value for the purposes of paragraph 47 (value received by the investing company), section 300 of the Taxes Act 1988 or paragraph 13 of Schedule 5B to the 1992 Act, as the case may be The amendment made by this paragraph has effect—
In Chapter 13 of Part 2 of the Capital Allowances Act 2001 (c. 2) (plant and machinery allowances: provisions affecting mining and oil industries), after section 161 insert—. section 161C(2) (decommissioning expenditure incurred by person carrying on trade of oil extraction);
Section 165 of the Capital Allowances Act 2001 (c. 2) (abandonment expenditure incurred within 3 years of ceasing ring fence trade) is amended as follows. In subsection (1)(b) (section applies where abandonment expenditure incurred within 3 years of ceasing trade), the words “on the demolition of plant or machinery” are omitted. In subsection (3)(b) (amounts received for remains of plant or machinery are not taxable income), before “any amount received” insert “ where any of the abandonment expenditure was incurred on the demolition of plant or machinery, ”. In subsection (4), in the definition of “the relevant abandonment cost”, for “the plant or machinery” substitute “ any plant or machinery on whose demolition any of the abandonment expenditure was incurred ”.
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a company has a qualifying loss, and
by virtue of that qualifying loss, a payment is made to the company in respect of a life assurance company tax credit,
For section 28A of the Taxes Management Act 1970 (c. 9) (amendment of self-assessment where enquiries made) substitute— This paragraph applies—
In Chapter 6 of Part 14 of the Taxes Act 1988 (pension schemes, &c.: miscellaneous provisions), after section 659D insert—.
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For section 552 of the Taxes Act 1988 substitute—.
In section 12AB of the Taxes Management Act 1970 (c. 9) (partnership returns) omit subsections (2) to (4) and the definition in subsection (5) of “filing date”. After that section insert—.
“the old provision” means section 3(1C) of that Act as it would have effect apart from the amendments made by subsections (1) to (3);
“aggregates levy credit certificate” means a certificate issued to the person operating a site by the Commissioners or the Northern Ireland Department as evidence of the fact that an aggregates levy credit agreement has been entered into in respect of the site;
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In section 552B of the Taxes Act 1988, for subsection (2) (which specifies the relevant duties) substitute—.
In section 9 of the Taxes Management Act 1970 (personal or trustee return to include self-assessment) omit subsections (4) to (6). After that section insert—.
For section 12AC of the Taxes Management Act 1970 (c. 9) (power to enquire into partnership return) substitute—. In section 12AC(2)(a) of the Taxes Management Act 1970 (c. 9) (as substituted by sub-paragraph (1) above) as it applies in relation to returns for years of assessment before the year 2001-02, for “up to the end of the period of twelve months after the filing date” substitute “ twelve months beginning with that date ”.
In section 2 of the Value Added Tax Act 1994 (rate of VAT), in each of subsections (2) and (3) (power to vary rate by up to 25% for up to one year), after “for the time being in force” insert “ under this section ”.
In section 62(1)(a)(i) of the Value Added Tax Act 1994 (penalty for giving incorrect certificate as to entitlement to reduced rate etc.), for “paragraph 1 of Schedule A1,” substitute “ any of the Groups of Schedule 7A, ”.
Section 88 of the Value Added Tax Act 1994 (supplies spanning change of rate etc.) is amended as follows. In subsection (1) (section applies where there is a change in the rate of VAT in force under section 2 or the descriptions of exempt or zero-rated supplies or acquisitions)— In subsection (2) (election to disregard time of supply rules), after “any question whether it is zero-rated or exempt” insert “ or a reduced-rate supply ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 96(9) of the Value Added Tax Act 1994 (notes in Schedules 8 and 9 to be used for interpretation and capable of being varied), after “Schedules” insert “ 7A, ”.
Section 97(4) of the Value Added Tax Act 1994 (orders that cease to have effect if not approved by the House of Commons within 28 days of being made) is amended as follows. In paragraph (c)(i) (orders increasing rate of VAT in force), after “in force” insert “ under section 2 ”. In paragraph (c), after sub-paragraph (ii) insert—. In paragraph (d)(i) (exception for orders under section 51 that are consequential on orders that vary Schedule 8 or 9 but do not fall within paragraph (c)), after “Schedule” insert “ 7A, ”.
Subsections (5) to (10) shall be construed as one with Part 1 of the Oil Taxation Act 1975.
In section 10 of the Oil Taxation Act 1975 (modifications of Part 1 in connection with gas sold to the British Gas Corporation under contracts made before end of June 1975), for subsection (3) (modified apportionment rule for expenditure allowable under section 3(1)(a), (b), (c), (hh), (i) or (j)) substitute—.
The amendments made by this section apply to expenditure incurred on or after 7th March 2001.
In section 42 of the Finance Act 1996 (c. 8) (amount of landfill tax), in subsections (1)(a) and (2) for “£11” substitute “ £12 ”.
This section has effect in relation to taxable disposals made, or treated as made, on or after 1st April 2001.
Schedule 6 to the Finance Act 2000 (c. 17) (climate change levy) is amended as follows.
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In paragraph 14(2) (exemption for supplies to electricity producers does not apply to supplies to exempt unlicensed electricity suppliers, no matter what the electricity they produce is used for), at the end insert—, and .
For paragraph 14(3)(c) (uses of electricity produced by an auto-generator that cause auto-generator to lose benefit of exemption for supplies to electricity producers), substitute—.
In paragraph 14, after sub-paragraph (3) insert—.
In paragraph 15(1)(a) (exemption for supplies to combined heat and power stations), for “the commodity is to be used by that person” there is substituted “ that person intends to cause the commodity to be used ”.
The amendments made by this section have effect in relation to supplies made on or after 1st April 2001.
Section 97 of the Inheritance Tax Act 1984 (c. 51) (transfers within group etc.) is amended as follows.
In subsection (1) (minority participators in close company to be excluded from apportionment under section 94) for paragraph (a) (disposals to which section 171(1) of the Taxation of Chargeable Gains Act 1992 (c. 12) applies which are also transfers of value) substitute—.
The amendment made by this section has effect, and shall be taken always to have had effect, in relation to disposals made, or transfers deemed to have been made, on or after 1st April 2000.
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This section applies in any case where, in exercise of their powers of care and management, the Commissioners of Inland Revenue agree that, by reason of circumstances arising as a result of the outbreak of foot-and-mouth disease, the payment of tax by a person may be deferred. For this purpose “tax” includes any amount chargeable by way of tax, or as a result of the non-payment of tax, in respect of which interest would, apart from this section, be chargeable.
Where this section applies no interest on the amount deferred shall be chargeable in respect of the period—
beginning with 31st January 2001 or, if the Commissioners so direct in any case, any later date from which the agreement for deferred payment has effect, and
ending with the date on which the agreement for deferred payment ceases to have effect.
An agreement for deferred payment ceases to have effect at the end of the period of deferment specified in the agreement, subject as follows. An agreement for deferred payment shall be treated as not ceasing to have effect if, or to the extent that, the Commissioners agree (whether before or after the end of the period of deferment specified in the agreement) to extend that period by reason of circumstances arising as a result of the outbreak of foot-and-mouth disease.
For the purposes of subsection (3) as it applies to an agreement for payment by instalments, the period of deferment in relation to each instalment ends with the date on or before which that instalment is to be paid. But if any instalment is not paid by the agreed date and the Commissioners do not agree in accordance with that subsection to extend the period of deferment, the whole agreement shall be treated as ceasing to have effect on that date.
This section shall cease to have effect on a date specified by the Treasury by order made by statutory instrument. This is without prejudice to its continued operation in relation to an agreement for deferred payment made by the Commissioners before the specified date.
This section applies—
whether the agreement for deferred payment was made before or after the passing of this Act, and
whether the agreement for deferred payment was made before or after the amount to which it relates became due and payable.
If in any case the Commissioners are satisfied that, although no agreement for deferred payment such as is mentioned in subsection (1) was made, such an agreement could have been made, this section shall apply as if such an agreement had been made. The terms of the notional agreement shall be assumed to be such as the Commissioners are satisfied would have been agreed in the circumstances.
Section 2C of the Government Trading Funds Act 1973 (c. 63) (limits on borrowing and public dividend capital) is amended as follows.
In subsection (3) (upper limit on aggregate of borrowing etc. maxima of trading funds), for “£2,000 million” substitute “ £8,000 million ”.
In subsection (4) (power to increase limit in subsection (3) but not above £4,000 million), for “£4,000 million” substitute “ £10,000 million ”.
In this Act “the Taxes Act 1988” means the Income and Corporation Taxes Act 1988 (c. 1).
The enactments mentioned in Schedule 33 to this Act (which include provisions that are spent or of no practical utility) are repealed or revoked to the extent specified.
The repeals and revocations specified in that Schedule have effect subject to the commencement provisions and savings contained or referred to in the notes set out in that Schedule.
This Act may be cited as the Finance Act 2001.
Section 6. For sections 1 to 5 of the Betting and Gaming Duties Act 1981 (c. 63) (general betting duty: charge, rate and payment) substitute— .
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For section 9(3)(a) of that Act (protection of revenue) substitute—.
Paragraph 2(4)(b) and (c) of Schedule 1 to that Act (general betting duty: administration: records) shall cease to have effect.
Section 9.
Part 8 of Schedule 1 to the Vehicle Excise and Registration Act 1994 (c. 22) (annual rates of vehicle excise duty: goods vehicles) is amended as follows.
For the Table in paragraph 9(1) (rigid goods vehicles not satisfying reduced pollution requirements and with a revenue weight exceeding 3,500 kilograms but not exceeding 44,000 kilograms) substitute— Revenue weight of vehicle Rate (1) (2) (3) (4) (5) Exceeding Not Exceeding Two axle vehicle Three axle vehicle Four or more axle vehicle kgs kgs £ £ £ 3,500 7,500 165 165 165 7,500 12,000 200 200 200 12,000 13,000 200 200 200 13,000 14,000 200 200 200 14,000 15,000 200 200 200 15,000 17,000 650 200 200 17,000 19,000 650 200 200 19,000 21,000 650 200 200 21,000 23,000 650 450 200 23,000 25,000 650 650 450 25,000 27,000 650 650 650 27,000 29,000 650 650 1,200 29,000 31,000 650 650 1,200 31,000 44,000 650 650 1,200
In paragraph 9(3) (rigid goods vehicles not satisfying reduced pollution requirements and with a revenue weight exceeding 44,000 kilograms), for “£5,170” substitute “ £2,585 ”.
In paragraph 9A(3) (rigid goods vehicles satisfying reduced pollution requirements and with a revenue weight exceeding 44,000 kilograms), for “£4,170” substitute “ £2,085 ”.
For the Table in paragraph 9B (rigid goods vehicles satisfying reduced pollution requirements and with a revenue weight exceeding 3,500 kilograms but not exceeding 44,000 kilograms) substitute— Revenue weight of vehicle Rate (1) (2) (3) (4) (5) Exceeding Not Exceeding Two axle vehicle Three axle vehicle Four or more axle vehicle kgs kgs £ £ £ 3,500 7,500 160 160 160 7,500 12,000 160 160 160 12,000 13,000 160 160 160 13,000 14,000 160 160 160 14,000 15,000 160 160 160 15,000 17,000 280 160 160 17,000 19,000 280 160 160 19,000 21,000 280 160 160 21,000 23,000 280 210 160 23,000 25,000 280 280 210 25,000 27,000 280 280 280 27,000 29,000 280 280 700 29,000 31,000 280 280 700 31,000 44,000 280 280 700
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For the Table in paragraph 11(1) (tractive units not satisfying reduced pollution requirements and with a revenue weight exceeding 3,500 kilograms but not exceeding 44,000 kilograms) substitute— Revenue weight of tractive unit Rate for tractive unit with two axles Rate for tractive unit with three or more axles (1) (2) (3) (4) (5) (6) (7) (8) Exceeding Not exceeding Any no. of semi-trailer axles 2 or more semi-trailer axles 3 or more semi-trailer axles Any no. of semi-trailer axles 2 or more semi-trailer axles 3 or more semi-trailer axles kgs kgs £ £ £ £ £ £ 3,500 7,500 165 165 165 165 165 165 7,500 12,000 165 165 165 165 165 165 12,000 16,000 165 165 165 165 165 165 16,000 20,000 165 165 165 165 165 165 20,000 23,000 165 165 165 165 165 165 23,000 25,000 165 165 165 165 165 165 25,000 26,000 450 165 165 165 165 165 26,000 28,000 450 165 165 165 165 165 28,000 31,000 650 650 165 450 165 165 31,000 33,000 1,200 1,200 450 1,200 450 165 33,000 34,000 1,200 1,200 450 1,200 650 165 34,000 35,000 1,500 1,500 1,200 1,200 650 450 35,000 36,000 1,500 1,500 1,200 1,200 650 450 36,000 38,000 1,500 1,500 1,200 1,500 1,200 650 38,000 41,000 1,850 1,850 1,850 1,850 1,850 1,200 41,000 44,000 1,850 1,850 1,850 1,850 1,850 1,200
In paragraph 11(3) (tractive units not satisfying reduced pollution requirements and with a revenue weight exceeding 44,000 kilograms), for “£5,170” substitute “ £2,585 ”.
In paragraph 11A(3) (tractive units satisfying reduced pollution requirements and with a revenue weight exceeding 44,000 kilograms), for “£4,170” substitute “ £2,085 ”.
For the Table in paragraph 11B (tractive units satisfying reduced pollution requirements and with a revenue weight exceeding 3,500 kilograms but not exceeding 44,000 kilograms) substitute— Revenue weight of tractive unit Rate for tractive unit with two axles Rate for tractive unit with three or more axles (1) (2) (3) (4) (5) (6) (7) (8) Exceeding Not exceeding Any no. of semi-trailer axles 2 or more semi-trailer axles 3 or more semi-trailer axles Any no. of semi-trailer axles 2 or more semi-trailer axles 3 or more semi-trailer axles kgs kgs £ £ £ £ £ £ 3,500 7,500 160 160 160 160 160 160 7,500 12,000 160 160 160 160 160 160 12,000 16,000 160 160 160 160 160 160 16,000 20,000 160 160 160 160 160 160 20,000 23,000 160 160 160 160 160 160 23,000 25,000 160 160 160 160 160 160 25,000 26,000 210 160 160 160 160 160 26,000 28,000 210 160 160 160 160 160 28,000 31,000 280 280 160 210 160 160 31,000 33,000 700 700 210 700 210 160 33,000 34,000 700 700 210 700 280 160 34,000 35,000 1,000 1,000 700 700 280 210 35,000 36,000 1,000 1,000 700 700 280 210 36,000 38,000 1,000 1,000 700 1,000 700 280 38,000 41,000 1,350 1,350 1,350 1,350 1,350 700 41,000 44,000 1,350 1,350 1,350 1,350 1,350 700
In paragraph 11C(2)(a) (certain tractive units not satisfying reduced pollution requirements and with a revenue weight exceeding 41,000 kilograms but not exceeding 44,000 kilograms), for “£1,280” substitute “ £650 ”.
Section 15.
“employee” includes an office-holder; and
This paragraph applies if— The first condition is that, due to an error on the part of the Commissioners, any of the following occurs at any time— The second condition is that on or after the commencement day a person pays to the Commissioners an amount by way of excise duty which would not have been paid but for the error. The third condition is that on or after the commencement day the person refused pays for goods an amount which includes an amount which— If the second condition is satisfied the Commissioners may pay to the person refused an amount equal to the duty which would not have been paid. If the third condition is satisfied the Commissioners may pay to the person refused an amount which appears to them to be equal to the payment by way of excise duty. The person refused is the person refused an authorisation, direction, approval or consent.
“United Kingdom waters” means—
This paragraph applies if— The Commissioners must pay interest to the person on the amount for the applicable period. The allowable period is the period of 30 days starting with the day on which the Commissioners receive the claim. The applicable period is the period which— Sub-paragraph (4) is subject to paragraph 6.
In the case of interest under this Part of this Schedule, the rate is that applicable under section 197 of the Finance Act 1996 (c. 8) (rates of interest).
A person is guilty of an offence if he is knowingly concerned in, or in the taking of steps with a view to— The references in sub-paragraph (1) above to the evasion of aggregates levy include references to obtaining, in circumstances where there is no entitlement to it, either a tax credit or a repayment of aggregates levy. A person guilty of an offence under this paragraph shall be liable (subject to sub-paragraph (4) below)— In the case of any offence under this paragraph, where the statutory maximum the amount of £5,000 mentioned in paragraph 1(3)(a) is less than three times the sum of the amounts of aggregates levy which are shown to be amounts that were or were intended to be evaded, the penalty on summary conviction shall be the amount equal to three times that sum (instead of the statutory maximum the amount of £5,000 mentioned in paragraph 1(3)(a)). For the purposes of sub-paragraph (4) above the amounts of levy that were or were intended to be evaded shall be taken to include— which was, or was intended to be, obtained in circumstances where there was no entitlement to it. In determining for the purposes of sub-paragraph (4) above how much aggregates levy (in addition to any amount falling within sub-paragraph (5) above) was or was intended to be evaded, no account shall be taken of the extent (if any) to which any liability to aggregates levy of any person fell, or would have fallen, to be reduced by the amount of any tax credit or repayment of aggregates levy to which he was, or would have been, entitled.
Where a person— he is guilty of an offence if he does so in the belief that aggregates levy chargeable on the aggregate in question will be evaded. Subject to sub-paragraph (3) below, a person guilty of an offence under this paragraph shall be liable, on summary conviction, to a penalty of level 5 on the standard scale £20,000. In the case of any offence under this paragraph, where level 5 on the standard scale the amount of £20,000 mentioned in sub-paragraph (2) is less than three times the sum of the amounts of aggregates levy which are shown to be amounts that were or were intended to be evaded in respect of the aggregate in question, the penalty shall be the amount equal to three times that sum (instead of level 5 on the standard scale the amount of £20,000 mentioned in sub-paragraph (2)). For the purposes of sub-paragraph (3) above the amounts of levy that were or were intended to be evaded shall be taken to include— which was, or was intended to be, obtained in circumstances where there was no entitlement to it. In determining for the purposes of sub-paragraph (3) above how much aggregates levy (in addition to any amount falling within sub-paragraph (4) above) was or was intended to be evaded, no account shall be taken of the extent (if any) to which any liability to aggregates levy of any person fell, or would have fallen, to be reduced by the amount of any tax credit or repayments of aggregates levy to which he was, or would have been, entitled.
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The Commissioners may by regulations make provision for reimbursement arrangements made by any person to be disregarded for the purposes of section 32(2) of this Act except where the arrangements— In this paragraph “reimbursement arrangements” means any arrangements for the purposes of a claim to a repayment of aggregates levy which— Without prejudice to the generality of sub-paragraph (1) above, the provision that may be required by regulations under this paragraph to be contained in reimbursement arrangements includes— Regulations under this paragraph may impose obligations on such persons as may be specified in the regulations— Regulations under this paragraph may make provision for the form and manner in which, and the times at which, undertakings are to be given to the Commissioners in accordance with the regulations; and any such provision may allow for those matters to be determined by the Commissioners in accordance with the regulations.
Where— the Commissioners may, to the best of their judgement, assess the amount so paid to which that person was not entitled and notify it to him.
any amount has been paid to any person by way of interest under paragraph 2 above, but
that person was not entitled to that amount under that paragraph,
Where any person is liable to interest under paragraph 6 above the Commissioners may assess the amount due by way of interest and notify it to him accordingly. Without prejudice to the power to make assessments under this paragraph for later periods, the interest to which an assessment under this paragraph may relate shall be confined to interest for a period of no more than two years ending with the time when the assessment under this paragraph is made. Where an amount has been assessed and notified to any person under this paragraph it shall be recoverable as if it were aggregates levy due from him. Sub-paragraph (3) above does not have effect if, or to the extent that, the assessment in question has been withdrawn or reduced. Where an assessment is made under this paragraph to an amount of interest under paragraph 6 above— Where— that amount shall be deemed for the purposes of any further liability to interest to have been paid on the specified date.
The Commissioners may by regulations make provision in relation to any case where— Regulations under this paragraph may provide that if the total of the amount or amounts mentioned in sub-paragraph (1)(a) above exceeds the total of the amount or amounts mentioned in sub-paragraph (1)(b) above, the latter shall be set off against the former. Regulations under this paragraph may provide that if the total of the amount or amounts mentioned in sub-paragraph (1)(b) above exceeds the total of the amount or amounts mentioned in sub-paragraph (1)(a) above, the Commissioners may set off the latter in paying the former. Regulations under this paragraph may provide that if the total of the amount or amounts mentioned in sub-paragraph (1)(a) above is the same as the total of the amount or amounts mentioned in sub-paragraph (1)(b) above no payment need be made in respect of the former or the latter. Regulations under this paragraph may provide for any limitation on the time within which the Commissioners are entitled to take steps for recovering any amount due to them in respect of any of the taxes under their care and management to be disregarded, in such cases as may be described in the regulations, in determining whether any person is under such a duty to pay as is mentioned in sub-paragraph (1)(a) above. Regulations under this paragraph may include provision treating any duty to pay mentioned in sub-paragraph (1) above as discharged accordingly. References in sub-paragraph (1) above to an amount in respect of a particular tax include references not only to an amount of tax itself but also to other amounts such as interest and penalties that are or may be recovered as if they were amounts of tax. In this paragraph “tax” includes levy or duty.
Subject to sub-paragraph (2) below, where any bodies corporate are treated as members of a group for the purposes of this Part of this Act and an application for the purpose is made to the Commissioners, then, from the specified time— The Commissioners may refuse an application made for the purpose mentioned in sub-paragraph (1)(a) or (c) above if, and only if— The Commissioners may refuse an application made for the purpose mentioned in sub-paragraph (1)(b) above if, and only if, it appears to them necessary to do so for the protection of the revenue. An application that is refused under this paragraph shall be, and be treated as always having been, ineffective. The specified time for the purposes of an application under sub-paragraph (1) above shall not be before the beginning of the accounting period which is current when the application is made.
Where— the body corporate which ceases to be so eligible shall notify the Commissioners of that fact. A body corporate which is designated as representative member in relation to any other bodies corporate shall not cease to have an established place of business in the United Kingdom without first notifying the Commissioners of that fact. A body corporate which fails to comply with sub-paragraph (1) or (2) above shall be liable to a penalty of £250.
This paragraph applies where an assessment is made under paragraph 2 above to an amount of a civil penalty to which any person is liable— The notice of assessment shall specify a time, not later than the end of the day of the giving of the notice of assessment, to which the amount of any daily penalty is calculated. For the purposes of sub-paragraph (2) above “daily penalty” means— If further penalties accrue in respect of a continuing failure after that date to provide the information or, as the case may be, produce the document, a further assessment or further assessments may be made under paragraph 2 above in respect of the amounts so accruing. Where— the failure shall be deemed for the purposes of any further liability to civil penalties to have been remedied on the specified date.
Interest under paragraph 5 above shall be paid without any deduction of income tax. Sub-paragraph (3) below applies where— In such a case—
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land remediation tax credits, and
life assurance company tax credits,
Section 12AA of the Taxes Management Act 1970 (partnership return) is amended as follows. After subsection (10) insert—. In subsection (11) for “a return in pursuance of a notice under subsection (2) or (3) above” substitute “ a partnership return ”.
This paragraph applies if— The Commissioners must pay interest to the person on the amount for the applicable period. The applicable period is the period which— The days are— Sub-paragraphs (3) and (4) are subject to paragraph 6.
In section 12AB(1) of the Taxes Management Act 1970 (partnership return to include partnership statement), for “return under section 12AA of this Act” substitute “ partnership return ”.
In deciding the applicable period for the purposes of paragraphs 4 and 5 any period by which the Commissioners’ authorisation of the repayment or drawback is delayed by circumstances beyond their control must be ignored. In applying sub-paragraph (1) account must be taken in particular of any period referable to— In deciding for the purposes of sub-paragraph (2)(a) whether a period of delay is referable to a failure by a person to provide information requested, the period mentioned in sub-paragraph (4) must be taken to be so referable (except so far as may be prescribed by the Commissioners by regulations). The period is that which—
Section 12B of the Taxes Management Act 1970 (preservation of records) is amended as follows. In subsection (1)(b)(i)— In subsection (1)(b)(ii) omit “or any amendment of the return”.
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In section 29(7)(a)(ii) of the Taxes Management Act 1970 (assessment where loss of tax discovered), for “any return with respect to the partnership under section 12AA of this Act” substitute “ any partnership return with respect to the partnership ”.
Section 30 of the Taxes Management Act 1970 (recovery of overpayment of tax, etc.) is amended as follows. In subsection (5)(b)—
Section 30B of the Taxes Management Act 1970 (amendment of partnership statement where loss of tax discovered) is amended as follows. In subsection (1) for “amend the statement” substitute “ amend the partnership return ”. For subsection (2) substitute—. In subsections (6)(a) and (7)(b) for “return under section 12AA of this Act” substitute “ partnership return ”.
Section 33A of the Taxes Management Act 1970 (c. 9) (error or mistake in partnership statement) is amended as follows. In the sidenote and in subsections (1), (3), (5) and (9) for “partnership statement” substitute “ partnership return ”. For subsection (4) substitute—.
In section 42(6)(a) of the Taxes Management Act 1970 (procedure for making claims, etc.), for “return under section 12AA of this Act” substitute “ partnership return ”.
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Section 46D(2) of the Taxes Management Act 1970 (c. 9) (questions to be determined by Lands Tribunal: appeals to which the section applies) is amended as follows. For paragraphs (a), (b) and (c) substitute—. In paragraph (e), for “an amendment under paragraph 7(3) of Schedule 1A to this Act of” substitute “a conclusion stated or amendment made by a closure notice under paragraph 7(2) of Schedule 1A to this Act relating to”. In paragraph (f), for “notice under paragraph 7(3A)” insert “closure notice under paragraph 7(3)”.
Section 50 of the Taxes Management Act 1970 (procedure on appeals) is amended as follows. In subsection (6)— In subsection (7)— In subsection (7A) for “specified in a notice under section 28A(4A)” substitute “which was the subject of a decision contained in a closure notice under section 28A”. In subsection (9) for paragraph (a) substitute—.
Section 55 of the Taxes Management Act 1970 (recovery of tax) is amended as follows. For subsection (1)(a) substitute—. In subsection (2) for “by the amendment or assessment” substitute—— . In subsection (3)— In subsection (3A)— In subsection (9)(a) after “the amendment or assessment” insert “, or as a result of the conclusion stated in the closure notice,”. For subsection (10) substitute—.
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in sub-paragraph (i), for “incorrect return of a kind mentioned in section 12AA of this Act” substitute “incorrect partnership return”; and
in sub-paragraph (ii), for “return of such a kind” substitute “partnership return”.
Section 118(1) of the Taxes Management Act 1970 (interpretation) is amended as follows. “partnership return” has the meaning given by section 12AA(10A) of this Act, In the definition of “successor” for “a return under section 12AA of this Act” substitute “ a partnership return ”.
Schedule 1A to the Taxes Management Act 1970 (claims etc. not included in returns) is amended as follows. In paragraph 2A(2)(a) (keeping and preserving records until enquiries completed)— In paragraph 4(3)(a) (giving effect to claims and amendments where there is an enquiry)— In paragraph 8(1) (giving effect to amendments of non-partnership claim) for “of a claim other than a partnership claim being amended under paragraph 7(2) or (3)” substitute “ after the date of issue of a closure notice amending a claim other than a partnership claim under paragraph 7(2) ”. In paragraph 8(2) (giving effect to amendments of partnership claim) for “of a claim being amended under paragraph 7(2) or (3)” substitute “ after the date of issue of a closure notice amending a partnership claim under paragraph 7(2) ”.
for the purposes of, in connection with or in relation to the carrying on of any business involving any such exploitation.
A claim for interest under a relevant paragraph must be made in such form and manner, and contain such matters, as the Commissioners may prescribe by regulations. If a person makes a claim under a relevant paragraph for interest on an amount, he may not make a claim under another relevant paragraph for interest on that amount. The relevant paragraphs are paragraphs 7 to 10.
This paragraph applies if— The Commissioners must repay to the appellant an amount equal to— The Commissioners must pay interest to the appellant on the amount referred to in sub-paragraph (2) for the period which— The rate of interest is the rate applicable under section 197 of the Finance Act 1996. In this paragraph “cash security” means such adequate security as enables the Commissioners to place the amount in question on deposit.
“aggregates levy credit agreement” means an agreement entered into in respect of a site by the person operating the site and the Commissioners or the Northern Ireland Department;
In section 137A of the Customs and Excise Management Act 1979 (c. 2) (recovery of overpaid excise duty) insert after subsection (5)—.
A person is guilty of an offence if, with the requisite intent and for purposes connected with aggregates levy— and in this sub-paragraph “the requisite intent” means the intent to deceive any person or to secure that a machine will respond to the document as if it were a true document. A person is guilty of an offence if, in providing any information under any provision made by or under this Part of this Act— A person guilty of an offence under this paragraph shall be liable (subject to sub-paragraph (4) below)— In the case of any offence under this paragraph, where— the amount of the penalty on summary conviction shall be whichever is the greater of the statutory maximum the amount of £20,000 mentioned in sub-paragraph (3)(a) and the amount equal to three times the sum of the amounts (if any) by which the return understates any person’s liability to aggregates levy. In sub-paragraph (4) above the reference to the amount by which any person’s liability to aggregates levy is understated shall be taken to be equal to the sum of— In sub-paragraph (5) above “gross liability” means liability to aggregates levy before any deduction is made in respect of any entitlement to any tax credit or repayments of aggregates levy.
Sections 145 to 155 of the Customs and Excise Management Act 1979 (c. 2) (proceedings for offences, mitigation of penalties and certain other matters) shall apply in relation to offences and penalties under this Part of this Schedule as they apply in relation to offences and penalties under the customs and excise Acts.
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In paragraph 54 (receipt of replacement value), at the beginning of sub-paragraph (1)(c) insert “ the amount of ”. After sub-paragraph (2) of that paragraph insert—. In sub-paragraph (3) of that paragraph (qualifying receipts), for paragraphs (a) to (c) substitute—. After that sub-paragraph insert—. For sub-paragraph (4) of that paragraph (calculation of amounts of original and replacement value) substitute—. The amendment made by sub-paragraph (1) shall be deemed always to have had effect. Subject to that, the amendments made by this paragraph have effect—
Section 826 of the Taxes Act 1988 (interest on tax overpaid) is amended as follows. In subsection (1) (payments which carry interest) after paragraph (d) insert—; or . After subsection (3A) (material date for payments of R&D tax credits) insert—. In subsection (8A) (recovery of overpaid interest)— In subsection (8BA) (cases where there is change in amount of tax credit)—
After Part 9A of that Schedule (claims for R&D tax credits) insert—.
This Schedule applies where— In this Schedule—
For the purposes of this Schedule, a participator in an oil field transfers the whole or part of his interest in the field whenever as a result of a transaction or event other than— the whole or part of his share in the oil to be won and saved from the field becomes the share or part of the share of another person who is or becomes a participator in the field. Paragraph 1(2) of Schedule 17 to the Finance Act 1980 (c. 48) (meaning of “unitisation agreement” and “re-determination”) applies for the purposes of sub-paragraph (1) above as for those of paragraph 1(1) of that Schedule.
The intermediate unrelieved loss shall (but only for the purposes of determinations under this Schedule) be relieved against relevant profits accruing to a different owner. The provisions of paragraphs 8 to 10 apply for the purposes of relieving the intermediate unrelieved loss under this paragraph. In this paragraph and paragraph 8, a “different owner” means any participator in the field who— In sub-paragraph (3) “the loss-maker’s interest” means—
Where intermediate unrelieved losses accruing to each of two or more persons fall to be relieved under paragraph 7 against the same relevant profits, such a loss accruing to a person who last had the transferred interest (or part of it) at an earlier time shall be so relieved before one accruing to a person who last had the interest (or part) at a later time. Where— those losses shall be so relieved in such a manner as ensures that the same proportion of each is so relieved. In this paragraph, references to an intermediate unrelieved loss accruing to a person are to the intermediate unrelieved loss in respect of an allowable loss accruing to the person.
In section 16(9) of the Finance Act 1994 (c. 9) (matters which are not ancillary matters) for the words from “paragraph 9(e)” to the end substitute—the following paragraphs of Schedule 5— .
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In paragraph 55 (provision supplementary to paragraph 54), after sub-paragraph (4) insert—. The amendment made by this paragraph shall be deemed always to have had effect.
Schedule 5 to the Finance Act 1994 (decisions subject to review and appeal) is amended as follows. In paragraph 3 (decisions about alcoholic liquor) insert after sub-paragraph (3)—. In paragraph 4 (decisions about hydrocarbon oil) insert after sub-paragraph (2)—. After paragraph 9 insert—.
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for subsection (2) substitute—,
omit subsection (8) (repayments treated, for the purposes of the corporate venturing scheme, as causing insignificant changes to share capital to be disregarded), and
in subsection (9)(a) for “that Schedule” substitute “Schedule 15 to the Finance Act 2000 (corporate venturing scheme)”.
Section 197(2) of the Finance Act 1996 (c. 8) (setting rates of interest) is amended as follows. For paragraph (a) substitute—. After paragraph (h) (which is inserted by section 49(2) of this Act) insert—.
Schedule 5 to the Finance Act 1997 (c. 16) (recovery of excess payments) is amended as follows. In paragraph 14 (assessment for excessive repayment) at the end of sub-paragraph (3)(b) omit “or” and after sub-paragraph (3)(c) insert—or . In paragraph 15 (assessment for overpayments of interest) omit sub-paragraph (2)(a), at the end of sub-paragraph (2)(b) omit “or”, and after sub-paragraph (2)(c) insert—or . In paragraph 19 (review of decisions and appeals) in sub-paragraph (1)(c) for “the relevant interest provision is paragraph 9 of Schedule 6 to the Finance Act 1994” substitute “ Part 1 of Schedule 3 to the Finance Act 2001 or the relevant interest provision is Part 2 of that Schedule ”. In paragraph 20 (interpretation of Part 5) in sub-paragraph (2)(a)(ii) for “paragraph 9 of Schedule 6 to the Finance Act 1994” substitute “ Part 2 of Schedule 3 to the Finance Act 2001 ”.
In Schedule 6 to the Finance Act 1994 (c. 9), paragraphs 9 and 10 (interest in relation to air passenger duty) are omitted.
Section 24.
Section 27.
Section 28.
This paragraph applies where— The person who provided the document to the Commissioners, and any person who provided it to anyone else with a view to its being used as evidence for a claim for a tax credit, shall be liable to a penalty. The amount of the penalty shall be equal to 105 per cent of the difference between— The providing of a record or other document shall not give rise to a penalty under this paragraph if the person who provided it satisfies the Commissioners or, on appeal, an appeal tribunal that there is a reasonable excuse for his having provided it. Where by reason of providing a record or other document— that person shall not by reason of the providing of the record or document be liable also to a penalty under this paragraph.
References in this Schedule to obtaining a tax credit are references to bringing an amount into account as a tax credit for the purposes of aggregates levy on the basis that that amount is an amount which may be so brought into account in accordance with tax credit regulations. References in this Schedule to obtaining a repayment of aggregates levy are references to obtaining either— on the basis that that amount is the amount of a repayment of aggregates levy to which there is an entitlement.
Section 29.
Section 32.
Section 35.
Section 46.
Section 53.
Section 57.
After Schedule 12 to the Taxes Act 1988 insert—.
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that the requirement to pay or deposit the amount determined would cause the appellant to suffer hardship.
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in subsection (1C) (meaning of “the active company”) for “, research and development or oil exploration” substitute “or research and development”,
in subsection (2)—
at the end of paragraph (a) insert “or”, and
omit paragraph (c) (which relates to the treatment of oil exploration as a qualifying business activity), and
omit subsections (4) and (5) (which make provision supplemental to section 289(2)(c)).
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A claim to which Part 9B of this Schedule applies (claims for land remediation tax credit and life assurance company tax credit) can only be made by being included in a company tax return (see paragraph 83H).
In section 9(3) of the Taxes Management Act 1970 (personal or trustee return to include self-assessment: assessment on the taxpayer’s behalf) omit the words following the paragraphs. After that subsection insert—.
Schedule 1A to the Taxes Management Act 1970 (claims, &c. not included in returns) is amended as follows. For paragraph 7 (amendments of claims where enquiries made) substitute—. This paragraph applies—
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after paragraph (a) insert “and”, and
omit paragraph (c) (condition to be satisfied in a case involving oil exploration).
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subsection (2)(d) (oil extraction activities not to amount to substantial part of the trade); and
subsection (9) (oil extraction activities treated as qualifying trade for purposes of section 289(2)(c)).
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In section 578A(1) of that Act (deductions for expenditure on car hire)—
after paragraph (a) insert “ or ”; and
omit paragraph (c) and the word “or” immediately preceding it.
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Section 61.
Section 62.
Section 63.
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in subsection (1) (conditions of eligibility for income tax relief), for paragraph (c) (requirement that all of the money raised is employed for purposes of qualifying business activity within prescribed period) substitute—, and
in subsection (3) for “condition in subsection (1)(c) above does” substitute “conditions in subsection (1)(c) and (d) above do”.
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“the new provision” means section 3(1C) of the Oil Taxation Act 1975 (c. 22) as substituted by subsection (1);
in the full-out words at the end for “condition in paragraph (g) above does” substitute “conditions in paragraphs (g) and (h) above do”.
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In section 98 of the Taxes Management Act 1970 (c. 9), in the second column of the Table—
for the entry “section 552(1) to (4);” substitute “ section 552; ”; and
for the entry “regulations under section 552(4A)” substitute “ regulations under section 552ZA(6); ”.
After Part 3 of the Taxes Management Act 1970 insert—. This paragraph applies—
For section 28B of the Taxes Management Act 1970 (amendment of partnership statement where enquiries made) substitute—. This paragraph applies—
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in subsection (1A) for “section 289(1)(b), (ba) or (c)” substitute “section 289(1)(b), (ba), (c) or (d)”, and
in subsection (6)(aa) for “section 289(1)(c)” substitute “section 289(1)(c) or (d)”.
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Section 64.
Section 65.
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Section 66.
In section 172(3) of the Capital Allowances Act 2001 (c. 2) (scope of Chapter 14 of Part 2)—
for “195” substitute “ 195B ”; and
for “192” substitute “ 192A ”.
After section 175 of that Act insert—.
In section 176(4) of that Act (treatment of fixture where expenditure incurred by person with interest in relevant land), for “section 177(4)” substitute “ sections 177(4) and 180A(4) ”.
After section 180 of that Act insert—.
In section 181(4) of that Act (purchaser of land giving consideration for fixture), for “section 182” substitute “ sections 182 and 182A ”.
After section 182 of that Act insert—.
Section 188 of that Act (cessation of ownership when person ceases to have qualifying interest) is amended as follows. In subsection (1), after paragraph (c) insert—. In subsection (3)(a), for “or 182” substitute “ , 182 or 182A ”.
After section 192 of that Act insert—.
After section 195 of that Act insert—.
Section 196 of that Act (disposal values in relation to fixtures) is amended as follows. 8A. Cessation of ownership of the fixture because section 192A(2)(a) (assignment of rights) applies. The consideration given by the assignee for the assignment. 8B. Cessation of ownership of the fixture because section 192A(2)(b) (discharge of client’s obligations) applies on the payment of a capital sum. The capital sum paid to discharge the financial obligations of the client. After subsection (4) insert—. In subsection (5), for “192” substitute “ 192A ”.
In section 203(2)(b) of that Act (reasons for amendment of returns), after “182(2)” insert “ , 182A(2) ”.
Section 67.
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Section 68.
Section 69.
Section 70.
Section 70.
Section 71.
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For the purposes of this Schedule, two or more claims made by the same person are associated with each other if each of them is any of the following— and the same year of assessment is the earlier year in relation to each of those claims. In sub-paragraph (2) above, any reference to claims includes— This paragraph applies for the year 2000-01 and subsequent years of assessment.
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Section 76.
Section 78.
Section 81.
Section 83.
Section 88.
Section 59B of the Taxes Management Act 1970 (c. 9) (payment of income tax and capital gains tax) is amended as follows. In subsection (4A)(a)— For subsection (5) substitute—.
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Where any part or parcel of the property referred to in section 58(1) of the Stamp Act 1891 (consideration to be apportioned between separate parts or parcels as parties think fit) consists of an estate or interest in land situated wholly or partly in a disadvantaged area, that provision shall have effect— Where— that provision shall have effect in accordance with sub-paragraph (3). In a case falling within sub-paragraph (2), section 58(2) of that Act shall have effect as if the words from “for distinct parts of the consideration” to the end of the subsection read “, the consideration is to be apportioned in such manner as is just and reasonable, so that a distinct consideration for each separate part or parcel is set forth in the conveyance relating thereto, and such conveyance is (subject to section 92 of, and Schedule 30 to, the Finance Act 2001) to be charged with ad valorem duty in respect of such distinct consideration.”. In a case where sub-paragraph (1) or (3) applies and the consideration is apportioned in a manner that is not just and reasonable, the enactments relating to stamp duty shall have effect as if— For the purposes of sub-paragraph (2)— In sub-paragraph (4) “the enactments relating to stamp duty” means the Stamp Act 1891 and any enactment amending, or which is to be construed as one with, that Act.
After Schedule 3 to the Taxes Management Act 1970 insert—.
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Paragraphs 14 and 15 above apply where the relevant day is, or is after, the day on which this Act is passed. In sub-paragraph (1) the “relevant day” means the first day of the period of 30 days specified in the relevant provision of Schedule 3ZA to the Taxes Management Act 1970 (c. 9) (as inserted by paragraph 15 above).
In Schedule 22 to the Finance Act 1995 (c. 4) (prevention of exploitation of self-assessment transitional provisions), Part 3 (procedural and other provisions) is amended as follows. In paragraph 11(2) for “partnership statement” substitute “ partnership return ”. In paragraph 11(3)— In paragraph 12(1) for “an assessment made under section 9 of the Management Act (returns to include self-assessment)” substitute “ a return under section 8 or 8A of the Management Act (personal or trustee return) ”. In paragraph 12(2)—
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In section 12(5) of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2) (application of section 31(5A) to (5E) of the 1970 Act in relation to elections under section 12(4))—
for “(5A) to (5E) of section 31” substitute “ (2) to (7) of section 31D ”, and
for “subsection (4) of that section” substitute “ subsection (1) of that section ”.
In Article 11(5) of the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671) (application of section 31(5A) to (5E) of the 1970 Act in relation to elections under Article 11(4))—
for “(5A) to (5E) of section 31” substitute “ (2) to (7) of section 31D ”, and
for “subsection (4) of that section” substitute “ subsection (1) of that section ”.
Section 99.
The Schedule inserted after Schedule 7 to the Value Added Tax Act 1994 (c. 23) is as follows—.
“coal” has the same meaning as in the Coal Industry Act 1994 (c. 21); and
The power to make provision under section 29A(3) of the Value Added Tax Act 1994 varying Schedule 7A to that Act (charge at reduced rate) includes power to make provision for any appropriate corresponding variation of this paragraph.
For the purposes of this Schedule, a transfer of the whole or part of the interest in an oil field of a participator in the field is an “excluded transfer” if—
Parts 2 and 3 of Schedule 17 to the Finance Act 1980 (c. 48) do not apply to the transfer, and
either—
the transfer is made pursuant to an agreement made on or after 7th March 2001, or
the transfer is made pursuant to a conditional agreement made before 7th March 2001 and the condition is satisfied on or after 7th March 2001.
Where this Schedule makes provision for determining the unrelievable portion of an allowable loss, that portion is determined in accordance with the provisions of this Schedule instead of in accordance with the provisions of section 6(1C) of the Oil Taxation Act 1975.
Where the interest in the field of a different owner is the transferred interest, the intermediate unrelieved loss is to be relieved against the whole of any relevant profits accruing to the different owner. Where the interest in the field of a different owner is part of the transferred interest, the corresponding part (but only that part) of the intermediate unrelieved loss is to be relieved against the whole of any relevant profits accruing to the different owner. Where— the intermediate unrelieved loss is to be relieved against the corresponding part (but no other part) of any relevant profits accruing to the different owner. Sub-paragraph (5) applies where— Only the part of the intermediate unrelieved loss corresponding to the owned part of the transferred interest is to be relieved, and it is to be relieved against (but only against) the part of any relevant profits accruing to the different owner that corresponds to the part which the owned part of the transferred interest forms of the different owner’s interest in the field.
This Schedule shall be construed as one with Part 1 of the Oil Taxation Act 1975 (c. 22).
Section 101.
Section 110.
Short title and chapter Extent of repeal Hydrocarbon Oil Duties Act 1979 (c. 5) In section 1— (a) in subsection (3A), the words “(other than higher octane unleaded petrol)”; (b) subsection (3C). Section 2(1A). In section 2A(1), the words “ “higher octane unleaded petrol;””. In section 27(1), the definition of “higher octane unleaded petrol”. In Schedule 2A— (a) paragraph 2; (b) in paragraph 3, the word “, 2”; (c) paragraph 8(3); (d) in paragraph 10(1), the words “Subject to sub-paragraph (2),”; (e) paragraphs 10(2) and 11(2). Finance Act 1996 (c. 8) Section 4(4) and (5). Finance Act 2000 (c. 17) Section 5(2) and (4). In Schedule 1, paragraphs 2, 3(4) and 4. These repeals shall be deemed to have come into force in accordance with section 2(5) of this Act. Short title and chapter Extent of repeal Betting and Gaming Duties Act 1981 (c. 63) In Schedule 1, paragraph 2(4)(b) and (c). These repeals have effect in accordance with section 6(2) of this Act. Short title and chapter Extent of repeal Vehicle Excise and Registration Act 1994 (c. 22) Section 19(3). In Schedule 1— (a) in paragraph 2(1)(a), the words “or the motorcycle is an electrically propelled vehicle”; (b) Part 4A; (c) paragraph 5(5A); (d) in paragraph 7(2), the words “IVA,”; (e) in paragraph 16(1)(a), the words “IVA,”. Finance Act 1995 (c. 4) In Schedule 4, paragraph 10. Finance Act 1996 (c. 8) Section 15(1) and (2). Section 16(6) and (7). In Schedule 2, paragraph 8.
The repeals of— come into force on the passing of this Act.
section 19(3) of the Vehicle Excise and Registration Act 1994, and
paragraph 8 of Schedule 2 to the Finance Act 1996,
The other repeals have effect in relation to licences issued on or after 1st April 2001 and shall be deemed to have come into force on 1st April 2001. Short title and chapter Extent of repeal Finance Act 1994 (c. 9) In Schedule 6, paragraphs 9 and 10. Finance Act 1997 (c. 16) In Schedule 5— (a) in paragraph 14(3)(b), the word “or”; (b) paragraph 15(2)(a); (c) in paragraph 15(2)(b), the word “or”. These repeals have effect in accordance with paragraph 21 of Schedule 3 to this Act.
Short title and chapter Extent of repeal Income and Corporation Taxes Act 1988 (c. 1) Sections 197B to 197F. Section 578A(1)(c) and the word “or” immediately preceding it. Finance Act 1990 (c. 29) Section 23 and Schedule 4. Capital Allowances Act 2001 (c. 2) Section 80. These repeals have effect for the year 2002-03 and subsequent years of assessment. Short title and chapter Extent of repeal Finance Act 2000 (c. 17) In Schedule 8, paragraph 82(2). This repeal shall be deemed always to have had effect. Short title and chapter Extent of repeal Income and Corporation Taxes Act 1988 (c. 1) In section 289— (a) in subsection (1), the word “and” at the end of paragraph (ba); (b) in subsection (2), paragraph (c) and the word “or” immediately preceding it; (c) subsections (4) and (5). In section 289A(7), paragraph (c) and the word “and” immediately preceding it. Section 289A(9). Section 291(6). In section 293(2), the words “be an unquoted company and”. In section 293(3B)(b), the words “and oil exploration”. Section 297(2)(d) and (9). In section 303— (a) subsections (3) to (7); (b) in subsection (9A), the words “or, as the case may be, the receipt of value in question”. Section 303A(8). In section 312(1), the definitions of— “appraisal licence”; “the designated period”; “development licence”; “exploration licence”; “modified appraisal licence”, “modified development licence” and “modified exploration licence”; “Northern Ireland licence” (and in relation to such a licence “the initial term”, “the 30 year renewal term” and “the five year renewal term”); “oil” and “oil extraction activities”; “oil exploration”; and “the 1984 Regulations” and the word “and” immediately preceding the definition of “the 1984 Regulations”. Section 312(7) and (8). In section 576— (a) in subsection (4), the words from “at all times” to “and which”; (b) in subsection (4B)(a), the words “, the words “an unquoted company and be” in subsection (2),”. In Schedule 15B, paragraph 1(7). Taxation of Chargeable Gains Act 1992 (c. 12) In Schedule 5B— (a) in paragraph 1(2), the word “and” at the end of paragraph (f); (b) paragraph 13(4); (c) paragraph 14A(7); (d) in paragraph 19(1), the definition of “the designated period”. Finance Act 1994 (c. 9) In Schedule 15, paragraphs 10(d), 17(b) and (c) and 21(a)(i). Finance Act 1998 (c. 36) In Schedule 13, paragraphs 6(1), 7(1), 15(2), 20(1)(a) and 30(1)(a). Finance Act 2000 (c. 17) In Schedule 17, paragraphs 2, 3(2), 4, 5(2) and (5), 6(2) and 7.
The repeal of section 289A(9) of the Taxes Act 1988 has effect in accordance with paragraph 9(2) of Schedule 15 to this Act.
The repeals in the following provisions have effect in accordance with paragraph 40(3) of Schedule 15 to this Act— sections 303 and 303A of the Taxes Act 1988; paragraphs 13 and 14A of Schedule 5B to the Taxation of Chargeable Gains Act 1992 (“the 1992 Act”); paragraph 17 of Schedule 15 to the Finance Act 1994; paragraph 15 of Schedule 13 to the Finance Act 1998; and paragraphs 4 and 5, and paragraph 7 (so far as relating to paragraphs 13 and 14 of Schedule 5B to the 1992 Act), of Schedule 17 to the Finance Act 2000.
The repeals in section 576 of the Taxes Act 1988 have effect in accordance with paragraph 38(5) of Schedule 15 to this Act.
The repeal in Schedule 15B to the Taxes Act 1988 has effect in accordance with paragraph 3(2) of Schedule 16 to this Act.
The repeal in paragraph 21 of Schedule 15 to the Finance Act 1994 has effect in accordance with paragraph 22(2) of Schedule 15 to this Act.
The remaining repeals have effect in accordance with paragraph 40(2) of Schedule 15 to this Act. Short title and chapter Extent of repeal Capital Allowances Act 2001 (c. 2) In section 39, the word “or” immediately preceding the words “section 45”. In section 46(1), the word “or” immediately preceding the words “section 45”. These repeals have effect in accordance with section 65 of this Act. Short title and chapter Extent of repeal Capital Allowances Act 2001 (c. 2) In section 164(4)(a), the words “, of an amount equal to the net abandonment cost,”. In section 165(1)(b), the words “on the demolition of plant or machinery”.
The repeal in section 164 of the Capital Allowances Act 2001 has effect in accordance with paragraph 9(1), (5) and (8) of Schedule 20 to this Act.
The repeal in section 165 of that Act shall be deemed always to have had effect. Short title and chapter Extent of repeal Taxes Management Act 1970 (c. 9) In Schedule 1B, paragraph 6. Income and Corporation Taxes Act 1988 (c. 1) Sections 534, 535, 537A and 538. Finance Act 1996 (c. 8) Section 128(5) to (10). These repeals have effect in accordance with section 71(3) of this Act. Short title and chapter Extent of repeal Taxation of Chargeable Gains Act 1992 (c. 12) In Schedule A1, paragraph 23(8). This repeal has effect in accordance with section 78 of this Act. Short title and chapter Extent of repeal Income and Corporation Taxes Act 1988 (c.1) In section 811(2), the word “and” immediately preceding paragraph (b). This repeal has effect in accordance with paragraph 6(3) of Schedule 27 to this Act. Short title and chapter Extent of repeal Income and Corporation Taxes Act 1988 (c. 1) Section 541(4). This repeal has effect in accordance with section 83(2) of this Act. Short title and chapter Extent of repeal Income and Corporation Taxes Act 1988 (c. 1) In section 6(4), the words “, 247”. In section 231(1), the words “, 247”. Sections 247 and 248. In Schedule 24, paragraph 6. Finance Act 1989 (c. 26) Section 99. Finance Act 1996 (c. 8) In Schedule 14, paragraph 13. Finance Act 1998 (c. 36) In Schedule 3, paragraph 19(3) and (4)(a). These repeals apply in relation to payments made after the day on which this Act is passed. Short title and chapter Extent of repeal Income and Corporation Taxes Act 1988 (c. 1) In section 13(7)(a), the words “resident in the United Kingdom”. This repeal applies for the purposes of accounting periods ending on or after 1st April 2001. Short title and chapter Extent of repeal Income and Corporation Taxes Act 1988 (c. 1) Section 438A. Schedule 19AB. In Schedule 19AC, paragraph 15. Finance Act 1991 (c. 31) Section 49. Schedule 8. Finance Act 1993 (c. 34) Section 121. Finance Act 1995 (c. 4) In Schedule 8, paragraph 12(1)(b). Finance Act 1996 (c. 8) Section 169. Schedule 34. Finance (No. 2) Act 1997 (c. 58) In Schedule 3, paragraphs 10 to 12 and 13(13). Finance Act 1998 (c. 36) Section 37(2). Section 90(3). Section 91. In Schedule 18, in paragraph 9(3), paragraph (b) and the word “and” preceding it. In Schedule 19, paragraph 51. With the exception of the repeals of paragraph 12(2) of Schedule 3 to the Finance (No. 2) Act 1997 and section 90(3) of the Finance Act 1998 (which come into force on the passing of this Act), these repeals have effect in accordance with section 87 of this Act. Short title and chapter Extent of repeal Taxes Management Act 1970 (c. 9) In section 9— (a) in subsection (3), the words following the paragraphs; (b) subsections (4) to (6). In section 12AB— (a) subsections (2) to (4); (b) in subsection (5), the definition of “filing date”. In section 12B(1)— (a) in paragraph (b)(i), the words “or any amendment of the return” and “treated as”; (b) in paragraph (b)(ii), the words “or any amendment of the return”. In section 30(5)(b), the words “, or an amendment of such a return,”. In section 50— (a) in subsection (6)(a), the words from “by reason of” to “Finance Act 1998”; (b) in subsection (6)(b), the words from “by reason of” to “this Act”; (c) in subsection (7)(a), the words from “which has been amended” to the end of the paragraph; (d) in subsection (7)(b), the words from “which has been amended” to “this Act”. In Schedule 1A, in paragraph 2A(2)(a), the words “treated as”. Finance Act 1984 (c. 43) In Schedule 22, paragraph 3(1). Finance Act 1990 (c. 29) Section 104(2)(b). Finance Act 1994 (c. 9) Sections 180, 186, 188 and 189. In Schedule 19, paragraph 7. Finance Act 1996 (c. 8) In section 123, subsections (6) and (7). In Schedule 19— (a) in paragraph 2, the words “9A(1),” and “12AC(1), 19A(1), 28A(1) and 28B(1)”; (b) paragraphs 4, 5, 6, 9 and 10(1). In Schedule 22, paragraphs 3 and 4. In Schedule 24, paragraph 5. Finance Act 1998 (c. 36) In Schedule 19, paragraphs 4, 5, 8, 10, 14(2), 16(3), 24, 25, 26 and 27(2) and (3). These repeals have effect in accordance with section 88 of, and Schedule 29 to, this Act. Short title and chapter Extent of repeal Taxes Management Act 1970 (c. 9) In section 66(1), the words “under any assessment”. In section 67(1), the words “under any assessment”. Finance (No.2) Act 1987 (c. 51) Section 86(1). Finance Act 1994 (c. 9) In Schedule 19, paragraph 20. Finance Act 1998 (c. 36) In Schedule 4, paragraph 3(2). In Schedule 19, paragraph 31.
The repeals in the Taxes Management Act 1970 have effect in relation to proceedings begun after the passing of this Act.
The other repeals have effect in relation to—
proceedings begun (or a counterclaim made) after the passing of this Act, and
a set-off first claimed after the passing of this Act.
Short title and chapter or title and number Extent of repeal or revocation Value Added Tax Act 1994 (c. 23) Section 2(1A) to (1C). Section 97(4)(aa). Schedule A1. Finance Act 1995 (c. 4) Section 21. Finance (No. 2) Act 1997 (c. 58) Section 6. Value Added Tax (Reduced Rate) Order 1998 (S.I. 1998/ 1375) The whole Order. Finance Act 2000 (c. 17) Section 135. In Schedule 6, paragraph 9(4). Schedule 35. Value Added Tax (Reduced Rate) Order 2000 (S.I. 2000/ 2954) The whole Order.
The repeals of— come into force on 1st November 2001.
sections 2(1C) and 97(4)(aa) of the Value Added Tax Act 1994, and
paragraph 9(4) of Schedule 6 to the Finance Act 2000,
The other repeals and revocations have effect in accordance with section 99(7) of this Act. Short title and chapter Extent of repeal Finance Act 1991 (c. 31) Section 103(7)(b) and (c). Finance Act 1995 (c. 4) Section 146(1) and (2).
The repeals in the Finance Act 1991 have effect in accordance with section 103(2) of this Act.
The repeals in the Finance Act 1995 have effect in accordance with section 101(5) of this Act. Short title and chapter Extent of repeal Finance Act 1998 (c. 36) Section 148(2) to (4). Finance Act 2000 (c. 17) In Schedule 6— (a) in paragraph 14(2)(a), the word “and”; (b) in paragraph 15(2)(b), the words “by that person”; (c) paragraph 141. The repeal in paragraph 15(2)(b) of Schedule 6 to the Finance Act 2000 has effect in accordance with section 105(7) of this Act.