Announcement of World Bank Japanese Yen Borrowing on October 16, 1984
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In section 3(1) of GOWA 2006 (date of Assembly ordinary general elections), for “fourth” substitute “fifth”.
Accordingly, in the Fixed-term Parliaments Act 2011 omit section 5 (date of next Assembly ordinary general election).
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GOWA 2006 is amended as follows.
In section 7 (candidates at general elections)—
in subsection (5), for paragraph (c) (and the “or” before it) substitute—;
in subsection (6), for paragraph (c) (and the “or” before it) substitute—
In section 9 (allocation of seats to electoral region members)—
in subsection (4), after “as an” insert “Assembly constituency member or”;
in subsection (5), at the end insert “(disregarding anyone already returned as an Assembly constituency member, including anyone whose return is void)”;
in subsection (6), for the words from “by the return” to “(2)” substitute “(by the return of persons included on it as Assembly constituency members or by the previous application of subsection (1) or (2))”.
In section 11(8) (electoral region vacancies)—
for paragraphs (a) to (c) substitute—;
in the words after paragraph (c) omit “, or of the successful candidate at the election,”.
In section 16(1) of GOWA 2006 (disqualification from being Assembly member), before paragraph (a) insert—.
After section 17 of that Act insert—
The National Assembly for Wales (Representation of the People) Order 2007 (S.I. 2007/236) is amended as follows.
In article 34 (false statements in nomination papers), at the end of paragraph (5)(c) insert “ or to the best of his knowledge and belief he is disqualified only under section 16(1)(za) of the 2006 Act (disqualification of MPs) ”.
In Schedule 5 (Assembly election rules), in rule 9(4)(c)(ii) (consent to nomination) after “Assembly” insert “ or that to the best of his knowledge and belief he is disqualified for membership of the Assembly only under section 16(1)(za) of the 2006 Act (disqualification of MPs) ”.
The Welsh Assembly Government is renamed the Welsh Government, or Llywodraeth Cymru.
Accordingly, in GOWA 2006—
omit “Assembly” wherever it occurs in the expression “Welsh Assembly Government”;
omit “Cynulliad” where it occurs in section 45(1) (in both places).
In the following sections of GOWA 2006, as amended by subsection (2), the references to the Welsh Government include, in relation to any time before the coming into force of this section, references to the Welsh Assembly Government—
section 37(5) (power to impose requirements on current or former members of staff of the Government);
section 52(7)(a) and (8) (power to pay pensions in respect of current or former members of staff of the Government).
Unless the context requires otherwise, in any enactment, instrument or other document passed or made before the date on which this section comes into force (except GOWA 2006 - as to which see subsections (2) and (3))—
any reference to the Welsh Assembly Government is to be read as, or as including, a reference to the Welsh Government, and
any reference to Llywodraeth Cynulliad Cymru is to be read as, or as including, a reference to Llywodraeth Cymru.
In section 46 of GOWA 2006 (the First Minister), at the end of subsection (5)(c) (designation if First Minister ceases to be Assembly member) insert “ otherwise than by reason of a dissolution ”.
GOWA 2006 is amended as follows.
After Part 4 insert—
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in subsection (4)(a), after “Schedule 7 and” insert “, subject to subsection (4A),”;
after subsection (4) insert—
In section 111 (proceedings on Bills), in subsection (8), for “and 116(3)” substitute “ , 116(3) and 116C (4) ”.
In section 158(2) (references to enactments), after “109(2)” insert “ , 116C (2) ”.
devolved tax section 116A(4)
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In section 1(1) of the Customs and Excise Management Act 1979 (interpretation), in the definition of “assigned matter”, after “the Scotland Act 1998” insert “ or the Government of Wales Act 2006 ”.
The Commissioners for Revenue and Customs Act 2005 is amended in accordance with subsections (3) to (13).
In section 15 (agency), after subsection (2) insert—
Accordingly, the heading to that section becomes “ Agency: Scotland, Northern Ireland and Wales ”.
In section 17(5) (use of information), in paragraph (a), after “Act,” insert—.
Section 18 (confidentiality) is amended in accordance with subsections (7) to (9).
In subsection (2)—
omit “or” at the end of paragraph (h);
after paragraph (i) insert, or
In subsection (2A), after “subsection (2)(i)” insert “ or (j) ”.
In subsection (4)(e), in sub-paragraph (i), after “Act,” insert—.
In section 40(11) (confidentiality), in paragraph (a), after “Act,” insert—.
Section 51 (interpretation) is amended in accordance with subsections (12) and (13).
In subsection (1), in the definition of “enactment”, after paragraph (b) insert—.
After subsection (2A) insert—
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in Part 2 (general restrictions), after paragraph 4, insert—;
in Part 3 (exceptions from Part 2), after paragraph 7, insert—
Part 4A of GOWA 2006 (as inserted by section 6) is amended as follows.
In section 116A(1) (overview), after “Part” insert— .
After Chapter 1 insert—
The Income Tax Act 2007 is amended in accordance with subsections (2) to (11).
In section 6 (the basic rate, higher rate and additional rate), in subsection (3), before paragraph (a) insert—.
Before section 7 insert—
section 11B (income charged at the Welsh basic, higher and additional rates),
Before section 12 insert—
In section 13 (income charged at the dividend ordinary, upper and additional rates)—
in subsection (1)(b), before “and” insert “ or the Welsh basic rate, ”,
in subsection (2)(b), before “and” insert “ or the Welsh higher rate, ”,
in subsection (2A)(b), before “and” insert “ or the Welsh additional rate, ”,
in subsection (3), at the end of the words in parentheses, insert “ or 11B ”, and
in subsection (4), at the end insert “ or the Welsh basic, higher or additional rate ”.
In section 16 (savings and dividend income to be treated as highest part of total income), in subsection (1), after paragraph (za) insert—.
In section 809H (charge on nominated income of long-term UK resident), after subsection (3A) insert—
In section 828B (conditions to be met for exemption where individual resident but not domiciled in the UK), in subsection (5), before “or the starting rate” insert “ , the Welsh basic rate ”.
“Welsh additional rate” means the rate of income tax of that name calculated in accordance with section 6B, “Welsh basic rate” means the rate of income tax of that name calculated in accordance with section 6B, “Welsh higher rate” means the rate of income tax of that name calculated in accordance with section 6B, “Welsh taxpayer” has the same meaning as in Chapter 2 of Part 4A of the Government of Wales Act 2006
Welsh additional rate section 6B (as applied by section 989) Welsh basic rate section 6B (as applied by section 989) Welsh higher rate section 6B (as applied by section 989) Welsh taxpayer section 989
In section 7 of the Taxes Management Act 1970 (notice of liability to income tax and capital gains tax), in subsection (6), before “the dividend ordinary rate” insert “ the Welsh basic rate, ”.
The Taxation of Chargeable Gains Act 1992 is amended in accordance with subsections (14) and (15).
In section 4 (rates of capital gains tax), in subsections (4) and (5), before “or the dividend” insert “ , the Welsh higher rate ”.
In section 4A (section 4: special cases), in subsection (5), before “or the dividend” insert “ , the Welsh higher rate ”.
After section 155 of GOWA 2006 insert—
Chapter 2 of Part 4A of the Scotland Act 1998 (Scottish rate of income tax) is amended as follows.
Section 80D (Scottish taxpayers) is amended in accordance with subsections (3) to (5).
In subsection (1)—
for “In” substitute “ For ”;
in paragraph (a), after “purposes” insert “ for that year (see Schedule 45 to the Finance Act 2013) ”.
In subsection (3)(a), for “any part of the UK other than Scotland” substitute “ England, Wales or Northern Ireland ”.
After subsection (4), insert—
After section 80D insert—
In section 80E (close connection with Scotland or another part of the UK), in subsection (3)(c)—
for “at least as much of the year as” substitute “ more of the year than ”;
for “any one other part of the UK” substitute “ each other part of the UK (considered separately) ”.
In section 80F (days spent in Scotland or another part of the UK)—
in subsection (1), for the words from “if)—” to the end substituteif) the number of days in the year on which T is in Scotland at the end of the day exceeds each of the following— ;
in subsection (2), for “But T is not to be treated as” substitute “ T is treated as not ”.
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Her Majesty may by Order in Council cause a referendum to be held throughout Wales about whether the income tax provisions should come into force.
If the majority of the voters in a referendum held by virtue of subsection (1) vote in favour of the income tax provisions coming into force, those provisions are to come into force in accordance with section 14.
But if they do not, that does not prevent the making of a subsequent Order under subsection (1).
No recommendation is to be made to Her Majesty to make an Order under subsection (1) unless a draft of the statutory instrument containing the Order has been laid before, and approved by a resolution of, each House of Parliament and the Assembly.
But subsection (4) is not satisfied unless the resolution of the Assembly is passed on a vote in which the number of Assembly members voting in favour of it is not less than two-thirds of the total number of Assembly seats.
A draft of a statutory instrument containing an Order under subsection (1) may not be laid before either House of Parliament, or the Assembly, until the Secretary of State has undertaken such consultation as the Secretary of State considers appropriate.
For further provision about a referendum held by virtue of subsection (1), see Schedule 1.
In this section “the income tax provisions” means sections 8 and 9.
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This section applies if—
the First Minister or a Welsh Minister appointed under section 48 of GOWA 2006 moves a resolution in the Assembly that, in the Assembly’s opinion, a recommendation should be made to Her Majesty to make an Order under section 12(1), and
the Assembly passes the resolution on a vote in which the number of Assembly members voting in favour of it is not less than two-thirds of the total number of Assembly seats.
A resolution moved under subsection (1)(a) must state whether the voting age at the proposed referendum is to be 16 or 18.
The First Minister must, as soon as practicable after the resolution is passed, ensure that notice in writing of the resolution is given to the Secretary of State.
Within the period of 180 days beginning immediately after the day on which notice under subsection (3) is received by the Secretary of State—
the Secretary of State or the Lord President of the Council must lay a draft of a statutory instrument containing an Order under section 12(1) before each House of Parliament, or
the Secretary of State must give notice in writing to the First Minister of the refusal to lay a draft under paragraph (a) and the reasons for that refusal.
As soon as practicable after the First Minister receives notice under subsection (4)(b)—
the First Minister must lay a copy of the notice before the Assembly, and
the Assembly must ensure that the notice is published.
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The Treasury may bring sections 8 and 9 into force by order.
An order under subsection (2)—
must appoint, in relation to each provision inserted by section 8 or 9, the day on which it comes into force;
may provide that a provision inserted by section 8 or 9 has effect in relation to—
a tax year appointed by the order and subsequent tax years, or
a financial year so appointed and subsequent financial years.
A tax year may be appointed under subsection (3)(b) in relation to a provision inserted by section 8 or 9 only if the tax year begins on or after the day appointed under subsection (3)(a) in relation to that provision.
An order under subsection (2) that brings into force section 116D of GOWA 2006 (power to set Welsh rates for Welsh taxpayers) must appoint the first tax year in relation to which a Welsh rate resolution may be made.
The Secretary of State may bring section 10 into force by order.
The Treasury may bring section 11(5), (6), (7)(a) and (8)(a) into force by order.
An order under subsection (7)—
must appoint a day on which the amendments made by the provisions mentioned in that subsection come into force, and
must provide that those amendments have effect in relation to a tax year appointed by the order and subsequent tax years.
The tax year appointed under subsection (8)(b)—
must begin on or after the day appointed under subsection (8)(a), and
must not precede the tax year appointed under subsection (5) or under section 25(5) of the Scotland Act 2012 (the first tax year for which Chapter 2 of Part 4A of the Scotland Act 1998 has effect).
An order under this section may make different provision for different purposes.
In Part 4A of GOWA 2006 (as inserted by section 6), after Chapter 2 (inserted by section 8) insert—
A devolved tax specified in section 116L of GOWA 2006 (as inserted by this section) may not be charged under an Act of the Assembly on a land transaction within the meaning of Part 4 of the Finance Act 2003 unless section 16 (disapplication of UK stamp duty land tax) has effect in relation to that transaction.
Part 4 of the Finance Act 2003 (stamp duty land tax) is amended as follows.
In section 48 (chargeable interests), in subsection (1)(a), omit “and Wales”.
Schedule 2 to this Act contains further amendments relating to the disapplication of stamp duty land tax in relation to Wales.
The amendments made by this section and Schedule 2 have effect in relation to land transactions with an effective date on or after such date as is appointed by the Treasury by order under this subsection.
But those amendments do not have effect in relation to any transaction—
effected in pursuance of a contract entered into and substantially performed on or before the date on which this Act is passed, or
effected in pursuance of a contract entered into on or before that date and not excluded by subsection (6).
A transaction effected in pursuance of a contract entered into on or before the date on which this Act is passed is excluded if—
there is any variation of the contract, or assignment of rights under the contract, after that date,
the transaction is effected in consequence of the exercise after that date of any option, right of pre-emption or similar right, or
after that date there is an assignment, subsale or other transaction relating to the whole or part of the subject-matter of the contract as a result of which a person other than the purchaser under the contract becomes entitled to call for a conveyance.
Expressions used in any of subsections (4) to (6) and in Part 4 of the Finance Act 2003 have the same meaning in those subsections as in that Part.
In Part 4A of GOWA 2006 (as inserted by section 6), in Chapter 3 (inserted by section 15), after section 116L insert—
This section has effect in relation to land transactions in relation to which section 16 has effect.
In Part 4A of GOWA 2006 (as inserted by section 6), after Chapter 3 (inserted by section 15) insert—
A devolved tax specified in section 116N of GOWA 2006 (as inserted by this section) may not be charged under an Act of the Assembly on a disposal if the disposal is made before the date appointed under section 19(3) (disapplication of UK landfill tax).
Part 3 of the Finance Act 1996 (landfill tax) is amended as follows.
In section 40(1) (charge on taxable disposal), omit “and Wales”.
This section has effect in relation to disposals made on or after such date as is appointed by the Treasury by order under this subsection.
GOWA 2006 is amended as follows.
Section 121 (borrowing by Welsh Ministers) is amended in accordance with subsections (3) to (5).
For subsection (1) substitute—
In subsection (2), after “section” insert “ from the Secretary of State ”.
After subsection (3) insert—
Section 122 (lending by Secretary of State) is amended in accordance with subsections (7) to (9).
In subsection (2), for “that section” substitute “ section 121(1) ”.
In subsection (3), omit “greater”.
After subsection (3) insert—
After section 122 insert—
In Schedule 3 to the Welsh Development Agency Act 1975 (borrowing and guarantees), the following are repealed—
paragraph 3 (power for Welsh Ministers to borrow money);
paragraph 6 (power for Treasury to guarantee money borrowed under paragraph 3).
The repeals made by subsection (1) do not affect—
the liability of the Welsh Ministers to repay any money borrowed under paragraph 3 of that Schedule before the date when that subsection comes into force, or
any guarantee given under paragraph 6 of that Schedule before that date.
Subsection (4) applies to the aggregate amount (if any) which, immediately before subsection (1) comes into force, is outstanding in respect of the principal of sums borrowed on or after the day on which this Act is passed under paragraph 3 of that Schedule for the purpose of meeting capital expenditure.
For the purpose of section 122A(1) of GOWA 2006 (limit on capital borrowing), that amount is treated as outstanding in respect of the principal of sums borrowed under section 121(1A) of that Act.
An amount is borrowed for the purpose of meeting capital expenditure if the expenditure would be capital expenditure for the purposes of accounts under section 131 of GOWA 2006.
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Schedule 7 to GOWA 2006 (legislative competence to make Acts of the Assembly) is amended as follows.
Budgetary procedures. Budgetary procedures” are procedures for a financial year relating to— the authorisation of the amount of resources which may be used or retained in that year by relevant persons or pursuant to a relevant enactment, the authorisation of the amount which may be paid out of the Welsh Consolidated Fund in that year to relevant persons or for use pursuant to a relevant enactment, or the scrutiny of the use of the amounts so authorised under paragraph (a) or (b) or of the exercise of borrowing powers by the Welsh Ministers. The following are “relevant persons”— the Welsh Ministers, the First Minister, the Counsel General, the Assembly Commission, the Wales Audit Office, and the Public Service Ombudsman for Wales. A “relevant enactment” is an enactment which provides for payment out of the Welsh Consolidated Fund. The reference to the use of resources is a reference to their expenditure, consumption or reduction in value.
In Part 2, in paragraph 5 (provisions of GOWA 2006 which may not be modified)—
in sub-paragraph (2), in paragraph (a), after “78,” insert “120(2), 125 to 128,”;
in sub-paragraph (2), after paragraph (a) insert—;
Sub-paragraph (1), so far as it applies in relation to a provision of Part 5 or section 159, does not apply to a provision of an Act of the Assembly if— In sub-paragraph (4A), “budgetary procedures” has the same meaning as in paragraph 13 of Part 1 of this Schedule.
The Secretary of State must—
make reports on the implementation and operation of this Part (see subsection (7)),
lay a copy of each report before each House of Parliament, and
send a copy of each report to the Welsh Ministers, who must lay a copy of it before the Assembly.
The Welsh Ministers must—
make reports on the implementation and operation of this Part (see subsection (7)),
lay a copy of each report before the Assembly, and
send a copy of each report to the Secretary of State, who must lay a copy of it before each House of Parliament.
A report must be made under each of subsections (1) and (2)—
before the first anniversary of the day on which this Act is passed, and
thereafter, before each subsequent anniversary of that day until the final reports are made under subsection (4).
Final reports must be made on, or as soon as practicable after, the first anniversary of the day on which the last of the provisions of this Part is implemented (as determined under subsections (5) and (6)).
A provision of this Part is implemented—
if it is expressed as applying in relation to events occurring on or after a particular day, on that day;
if it is expressed as applying in relation to a tax year or financial year, on the last day of that year;
in any other case, on the day on which it comes into force.
If, in the case of any provision, the application of subsection (5) gives more than one day, the provision is implemented on the last of them.
A report on the implementation and operation of this Part must include—
a statement of the steps that have been taken, whether by the maker of the report or by others, since the making of the previous report (or, in the case of the first report, since the passing of this Act) towards implementation of the provisions of this Part,
a statement of the steps that the maker of the report proposes should be taken, whether by the maker of the report or by others, towards the implementation of the provisions of this Part,
an assessment of the operation of the provisions of this Part that have been implemented,
an assessment of the operation of any other powers to devolve taxes to the Assembly or to change the powers of the Welsh Ministers to borrow money, and of any other changes affecting the provisions inserted or amended by this Part,
a statement of the effect of this Part on the amount of any payments made by the Secretary of State under section 118 of GOWA 2006 (payments into the Welsh Consolidated Fund), and
any other matters concerning the sources of revenue for the Welsh Government that the maker of the report considers should be brought to the attention of Parliament or the Assembly.
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In this section, references to “this Part” do not include—
section 10 (Welsh taxpayers for social security or child support purposes),
section 11 (amendments to the definition of a Scottish taxpayer), or
section 22 (budgetary procedures).
Part 6 of the Local Government and Housing Act 1989 (housing finance) is amended as follows.
After section 76 insert—
Section 87 (determinations and directions) is amended as follows.
For “the Secretary of State” (in each place) substitute “ the appropriate person ”.
After subsection (1) insert—
In subsection (2)—
for “him” substitute “ that person ”;
for “he” substitute “ the appropriate person ”.
The Law Commissions Act 1965 is amended as follows.
In section 3(1) (functions of the Commissions), after paragraph (e) insert—.
In section 3A (reports on implementation of Law Commission proposals), after subsection (6) insert—
After section 3B insert—
In section 5(4) (expenses to be paid out of money provided by Parliament), after “Parliament” insert “ (except to the extent that those expenses are met by the Welsh Ministers) ”.
Any power to make an order under this Act is exercisable by statutory instrument.
In this Act—
“the Assembly” means the National Assembly for Wales;
“enactment” includes a Measure or Act of the Assembly and subordinate legislation (within the meaning of the Interpretation Act 1978);
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“enactment” includes a Measure or Act of the Assembly and subordinate legislation (within the meaning of the Interpretation Act 1978);
“financial year” means the 12 months ending with 31 March;
In Schedule 3 to the Scotland Act 2012, omit paragraph 31(4) (which inserts paragraph 1(1A) of Schedule 61 to the Finance Act 2009).
“financial year” means the 12 months ending with 31 March;
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“modifications” includes amendments, repeals and revocations;
“modifications” includes amendments, repeals and revocations;
The Treasury may by order make—
such supplementary, incidental or consequential provision as appears appropriate in connection with the provisions of Part 2, and
such transitional, transitory or saving provision as appears appropriate in connection with the coming into force of those provisions.
An order under this section may make—
different provision for different cases or classes of case or different purposes;
provision which applies generally or subject to specified exceptions or only in relation to specific cases or classes of case.
An order under this section may make modifications of this Act or of an enactment passed or made before the passing of this Act or in the session in which this Act is passed.
A statutory instrument containing an order under this section which includes provision modifying any provision of an Act or a Measure or Act of the Assembly may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the House of Commons.
Any other statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of the House of Commons.
In this section, references to the provisions of Part 2 do not include section 10 (Welsh taxpayers for social security or child support purposes).
This Part comes into force on the day on which this Act is passed.
The following provisions come into force at the end of the period of 2 months beginning with the day on which this Act is passed—
Part 1;
Part 2, except the income tax provisions and sections 20 and 21;
section 25.
Subsection (2)(b) is subject to the provision made in the following sections as to how those sections have effect—
sections 15, 16 and 17;
sections 18 and 19.
The “income tax provisions” are sections 8, 9, 10 and 11(5), (6), (7)(a) and (8)(a); they come into force in accordance with section 14 ....
The following provisions come into force on such day as the Treasury may by order appoint—
section 20;
section 24.
An order under subsection (5) may appoint different days for different purposes.
Section 21 comes into force on the day on which section 121(1A) of GOWA 2006 (inserted by section 20) comes into force.
The amendments and repeals made by this Act have the same extent as the enactments amended or repealed.
Subject to that, this Act extends to the United Kingdom.
This Act may be cited as the Wales Act 2014.
Section 12
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The Finance Act 2003 is amended as follows.
Section 48 (power to prescribe other chargeable interests) is amended as follows. After subsection (1) insert— In subsection (5), omit “and Wales”.
After section 48 insert—
In section 60 (compulsory purchase facilitating development), in subsections (2)(a) and (5)(a), omit “and Wales”.
In section 73(5) (definition of mortgage for land acquired under alternative property finance arrangements), in subsection (b)(i), omit “or Wales”.
In section 108(1A) (linked transactions), for “the land to which it relates is in Scotland” substitute—
In section 117(2) (meaning of “major interest” in England or Wales), omit “or Wales”.
In section 121 (minor definitions), in the definition of “jointly entitled”, omit “and Wales”.
In Schedule 7 (group relief), in paragraph 2B(4) (certain mortgage arrangements not eligible for relief), omit “and Wales”.
In Schedule 9 (right to buy, shared ownership leases, etc), in paragraph 7(2)(b) (shared ownership trusts), omit “or Wales”.
In Schedule 10 (returns, enquiries, assessments and appeals), in paragraph 45(2)(a) (definition of “the relevant tribunal”), omit “and Wales”.
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“tax year” means a year beginning on 6 April and ending on the following 5 April.
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Section 16
Section 28 of the Finance Act 1931 (production to Commissioners of instruments transferring land) is amended as follows. In subsection (3), at the end of paragraph (c) add “ or a Welsh transaction ”. After subsection (3A) insert—
Paragraph 6 of Schedule 6ZA (relief for first-time buyers: definition of “first-time buyer”) is amended as follows. In sub-paragraph (1)(b)— In sub-paragraph (2) after “lease” insert “or, in the case of a dwelling situated in Wales, a term of years absolute”.
“GOWA 2006” means the Government of Wales Act 2006;
Schedule 61 to the Finance Act 2009 (alternative finance investment bonds) is amended in accordance with paragraphs 14 and 15.
Paragraph 1 is amended as follows. In the definition of “effective date” in sub-paragraph (1), after “Scotland” (in both places) insert “ or Wales ”. For sub-paragraph (1A) substitute—
In the following provisions omit “and Wales”—
paragraph 5(6) (in both places);
paragraph 6(1)(a);
paragraph 11(2);
paragraph 12(1)(b);
paragraph 18(5) and (6);
paragraph 19(1)(a).