UKPGA-1992-48 Finance (No. 2) Act 1992 UK

Most Gracious Sovereign, WE, Your Majesty’s most dutiful and loyal subjects, the Commons of the United Kingdom in Parliament assembled, towards raising the necessary supplies to defray Your Majesty’s public expenses, and making an addition to the public revenue, have freely and voluntarily resolved to give and grant unto Your Majesty the several duties hereinafter mentioned; and do therefore most humbly beseech Your Majesty that it may be enacted, and be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

the time when the goods become chargeable with the duty in question;

the time when there is a contravention of any prescribed requirements relating to any suspension arrangements applying to the goods;

the time when the duty on the goods ceases, in the prescribed manner, to be suspended in accordance with any such arrangements;

the time when there is a contravention of any prescribed condition subject to which any relief has been conferred in relation to the goods;

such time after the time which, in accordance with regulations made by virtue of any of the preceding paragraphs, would otherwise be the excise duty point for those goods as may be prescribed;

specifying the person or persons on whom the liability to pay duty on the goods is to fall at the excise duty point (being the person or persons having the prescribed connection with the goods at that point or at such other time, falling no earlier than when the goods become chargeable with the duty, as may be prescribed); and

where more than one person is to be liable to pay the duty, specifying whether the liability is to be both joint and several.

to make different provision for different cases, including different provision for different duties and different goods; and

to make such incidental, supplemental, consequential and transitional provision as the Commissioners think necessary or expedient.

conferring an entitlement to drawback of duty, in prescribed cases, on the shipment as stores, or warehousing in an excise warehouse for use as stores, of goods chargeable with duty

to provide for, or for the imposition of, the conditions to which an entitlement to drawback under the regulations is to be subject;

to provide for the determination of the person on whom any such entitlement is conferred;

to make different provision for different cases, including different provision for different duties and different goods; and

to make such incidental, supplemental, consequential and transitional provision as the Commissioners think necessary or expedient.

for entitlement to the drawback to be cancelled at any time after it has been conferred if there is a contravention of any conditions to which it is subject or in such other circumstances as may be prescribed; and

for such persons as may be prescribed to be liable to the Commissioners for sums paid or credited to any person in respect of any drawback that has been cancelled in accordance with any such regulations.

may assess as being excise duty due from the prescribed person an amount equal to sums paid or credited to any person in respect of the drawback, and

may notify the prescribed person or his representative accordingly.

securing the collection of any ... customs duty or giving effect to any Union customs legislation (within the meaning of Part 1 of the Taxation (Cross-border Trade) Act 2018) relating to any such duty;

the enforcement of any prohibition or restriction for the time being in force by virtue of any provision of Union customs legislation with respect to the movement of goods into or out of the member States; ...

the enforcement of any prohibition or restriction for the time being in force by virtue of any enactment with respect to the importation or exportation of goods into or out of the United Kingdom; or

searching for cash that is recoverable property or intended for use in unlawful conduct

section 21 (control of movement of aircraft into and out of the United Kingdom);

section 26 (power to regulate movement by land into and out of Northern Ireland);

section 27 (officers’ powers of boarding);

section 28 (officers’ powers of access);

section 29 (officers’ powers to detain ships);

section 34 (power to prevent flight of aircraft);

section 78 (questions as to baggage of person entering or leaving the United Kingdom);

section 157A (general information powers in relation to persons entering or leaving the United Kingdom)

section 164 (powers of search).

in paragraph (b) of subsection (1) (determination of retail price of cigarettes by reference to price recommended by a manufacturer or importer), for “price recommended by the importer or manufacturer" and “price so recommended" there shall be substituted “ recommended price ”; and

after that subsection there shall be inserted the following subsection—

of amending the Value Added Tax Act 1983, Chapter II of Part I of the Finance Act 1985 and certain other enactments in connection with the provision made by subsection (1) above; and

of giving effect, in relation to—to requirements of the directive of the Council of the European Communities dated 17th May 1977 No. 77/388/EEC and the amendments of that directive by the directive of that Council dated 16th December 1991 No. 91/680/EEC (amendments with a view to the abolition of fiscal frontiers).

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

subsections (3) and (4) shall be omitted.

in subsection (2) after the word “section" (in the first place where it occurs) there shall be inserted “ 140A, ”;

in subsection (3) after “section" there shall be inserted “ 140A, ”.

after the word “section" (in the first place where it occurs) there shall be inserted “ 140A, ”;

for “either" there shall be substituted “ one ”.

which take account, for the purpose of determining assessable profits and allowable losses, of certain cases where oil which is won from an off-shore oil field is, or could reasonably be expected to be, first landed in a country other than the United Kingdom; or

which are consequential upon, or incidental to, the amendments referred to in paragraph (a) above.

in so far as they relate to expenditure incurred, they take effect for claim periods ending after 27th November 1991; and

in so far as they relate to any other matter, they take effect for chargeable periods ending after 30th June 1992.

In section 1(1) of the Customs and Excise Management Act 1979 (interpretation), after the definition of “examination station" there shall be inserted the following definition—.

In section 43 of that Act (duty on imported goods)—

in subsection (2), for “and (2C)" there shall be substituted “ (2C) and (2D) ”; and

after subsection (2C) there shall be inserted the following subsection—

In section 94 of that Act (deficiency in warehoused goods), after subsection (5) there shall be inserted the following subsection—

In section 95(1) of that Act (application of section 94 to deficiencies in goods removed from warehouses), after “subsection (2) below" there shall be inserted “ and to any such regulations as are mentioned in subsection (6) of that section ”.

In section 96 of that Act (deficiency in certain goods moved by pipeline), after subsection (5) there shall be inserted the following subsection—

with the omission of paragraph (f);

with the substitution in paragraph (g) for the words from “for the payment" to “liable" of the words “ on goods which have been or may be the subject of a transaction involving a registered excise dealer and shipper ”; and

with the substitution of the following paragraph for paragraph (h), that is to say—.

In section 127A(1) of that Act (power to provide for deferred payment of excise duty), after “payment" there shall be inserted “ (in accordance, where any requirement to pay the duty takes effect, with that requirement) ”.

in paragraph (a), after “applies" there shall be inserted “ and conditions with respect to the conduct in relation to the goods of persons other than the person on whom the relief is conferred and of persons whose identity cannot be ascertained at the time of importation ”; and

in paragraph (b), after “including" there shall be inserted “ provisions requiring any person to whom a condition of the relief at any time relates to notify the Commissioners of any non-compliance with the condition and ”.

In section 36(2) of the Alcoholic Liquor Duties Act 1979 (charge of duty on beer), at the end there shall be inserted “ and with any regulations under section 1 of the Finance (No. 2) Act 1992 ”.

In section 54(1) of that Act (charge of duty on wine), at the end there shall be inserted “ and with any regulations under section 1 of the Finance (No. 2) Act 1992 ”.

In section 55(1) of that Act (charge of duty on made-wine), at the end there shall be inserted “ and with any regulations under section 1 of the Finance (No. 2) Act 1992 ”.

In section 1(1) of the Customs and Excise Management Act 1979 (interpretation)—

in the definition of “occupier", for “means the" there shall be substituted “ includes any ”;

in the definition of “warehoused" and cognate expressions, after “that section" there shall be inserted “ and any regulations made by virtue of section 93(2)(da)(i) or (ee) or (4) below ”.

after paragraph (d) there shall be inserted the following paragraphs—

in paragraph (ee), for “to be warehoused" there shall be substituted “ required to be deposited in a warehouse ”;

after paragraph (f) there shall be inserted the following paragraphs—

in paragraph (g), after “are" there shall be inserted “ required ”;

in the definition of “relevant business activity" after the word “are", in the first place where it occurs, there shall be inserted “ required ”.

after the word “documents", in each place where it occurs, there shall be inserted “ or records ”; and

for “(2)(j)" there shall be substituted “ (2)(fc) or (j) ”.

for “to be warehoused" there shall be substituted “ required to be deposited in a warehouse ”;

for “or which are to be warehoused on drawback" there shall be substituted “ which are to be warehoused on drawback or which are otherwise to be treated by virtue of subsection (2)(da)(ii) above as goods which are required to be deposited in a warehouse ”.

In section 100(2) of that Act (forfeiture in respect of contraventions relating to warehousing)—

in paragraphs (a) and (b), after “for warehousing" there shall be inserted “ or are otherwise required to be deposited in a warehouse ”;

for paragraph (d) there shall be substituted the following paragraph—.

In section 100H(1) of that Act (provision that may be contained in REDS regulations), after paragraph (m) there shall be inserted the following paragraph—.

In section 117 of that Act (execution of distress against revenue traders in respect of relevant excise duty)—

the word “relevant", in the first place where it occurs in subsection (1) and where it occurs in subsections (2)(a) . . ., shall be omitted;

for the words “a relevant" in subsections (1)(a) and (3) there shall be substituted “ any ”; and

the definition of “relevant excise duty" in subsection (8) shall be omitted.

In section 129 of that Act (power to remit or repay duty on denatured goods)—

in paragraph (b) of subsection (1) for “warehoused" there shall be substituted “ chargeable with a duty the requirement to pay which has not yet taken effect ”; and

after that subsection there shall be inserted the following subsection—

In section 170 of that Act (fraudulent evasion of duty), after subsection (5) there shall be inserted the following subsection—

After section 170 of that Act there shall be inserted the following sections—

In section 171(5) of that Act (which provides for the time at which duty is to be treated as payable where that cannot be ascertained for the purposes of any offence)—

after “43 above" there shall be inserted “ or the relevant excise duty point ”; and

at the end there shall be inserted “ or, as the case may be, as if the time when the proceedings were commenced was the relevant excise duty point. ”

In section 13C of the Customs and Excise Duties (General Reliefs) Act 1979 (offence where relieved goods used in breach of condition), after subsection (4) there shall be inserted the following subsection—

The Value Added Tax Act 1983 shall be amended in accordance with the following provisions of this Part of this Schedule.

In section 1 (charge to tax), for the words from “and on" onwards there shall be substituted “ on the acquisition in the United Kingdom from other member States of any goods and on the importation of goods from places outside the member States. ”

In section 4(1) (time of supply), after “apply" there shall be inserted “ (subject to section 35 below) ”.

for “(3)" there shall be substituted “ (3B) ”; . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

After subsection (5) of section 7 (reverse charge on services received from abroad) there shall be inserted the following subsection—

In section 8(1) (place where supplier or recipient belongs), after the word “apply", in the second place where it occurs, there shall be inserted “ (subject to any provision made under section 7(6) above) ”.

After section 8 there shall be inserted the following sections—

In section 9(1) (rate of tax)—

after paragraph (a) there shall be inserted the following paragraph—; and

in paragraph (b), after the word “goods", in the first place where it occurs, there shall be inserted “ from a place outside the member States ”.

After section 10 there shall be inserted the following section—

after paragraph (a) there shall be inserted the following paragraph—;

in paragraph (b), after “goods" there shall be inserted “ from a place outside the member States ”;

for “either" there shall be substituted “ each ”; and

at the end there shall be inserted “ or on the acquisition by him from another member State of goods (including tax which is also to be counted as input tax by virtue of paragraph (aa) above). ”

for “or goods imported by him" there shall be substituted “ goods acquired by a taxable person from another member State or goods imported by a taxable person from a place outside the member States ”; and

after “supplies" there shall be inserted “ acquisitions ”.

in paragraph (a), for “or paid or payable by him on the importation of goods" there shall be substituted “ tax on the acquisition of goods by a taxable person from other member States and tax paid or payable by a taxable person on the importation of goods from places outside the member States ”;

in paragraph (b)—and

in paragraph (c), for “or importation of goods acquired for it before its incorporation" there shall be substituted “ acquisition or importation of goods before the company’s incorporation for appropriation to the company or its business ”.

after “supplies" there shall be inserted “ acquisitions ”;

in paragraph (a), after the word “goods", in the second place where it occurs, there shall be inserted “ acquired or ”; and

after the word “supplied", in the second and fourth places where it occurs in that paragraph, there shall be inserted “ acquired ”.

for “imported into the United Kingdom" there shall be substituted “ acquired in the United Kingdom from another member State or imported from a place outside the member States ”; and

after “their" there shall be inserted “ acquisition or ”.

In section 17(1) (exemptions), at the end there shall be inserted “ and an acquisition of goods from another member State is an exempt acquisition if the goods are acquired in pursuance of an exempt supply. ”

after the word “the", in the second place where it occurs, there shall be inserted “ acquisition or ”; and

after the word “supply", in the second place where it occurs, there shall be inserted “ acquisition ”.

after “any goods" there shall be inserted “ from places outside the member States ”; and

at the end there shall be inserted “ or removed from any member State ”.

after “any goods" there shall be inserted “ from places outside the member States ”; and

after “re-exported" there shall be inserted “ or otherwise removed from the United Kingdom ”.

the words “or on the importation of goods by" shall be omitted; and

for “and the supply or importation" there shall be substituted “ on the acquisition of any goods by such a body from another member State or on the importation of any goods by such a body from a place outside the member States and the supply, acquisition or importation ”.

after the words “to or", in the first and second places where they occur, there shall be inserted “ acquired or ”; and

after those words, in the third place where they occur, there shall be inserted “ acquisition or ”.

After section 20 there shall be inserted the following section—

the words “or the importation of goods by" shall be omitted; and

after “business" there shall be inserted “ on the acquisition of goods by such a person from another member State or on the importation of goods by such a person from a place outside the member States ”.

For subsections (1) to (3) of section 24 (application of customs enactments) there shall be substituted the following subsection—

In section 25 (importation of goods by taxable persons)—

after “imported" there shall be inserted “ from a place outside the member States ”; and

at the end there shall be inserted “ or on the acquisition of goods by him from other member States ”.

In section 26(1) (goods imported for private purposes), after “a taxable person" there shall be inserted “ from a place outside the member States ”.

In paragraph (c) of section 29(1) (tax on importation payable by representative member)—

for “importation of any goods" there shall be substituted “ acquisition of goods from another member State or on the importation of goods from a place outside the member States ”; and

for the words from “for the purposes" to the end of the paragraph there shall be substituted—.

after “partnership" there shall be inserted “ or carrying on in partnership any other activities in the course or furtherance of which they acquire goods from other member States ”; and

after “such persons" there shall be inserted “ or are acquired by such persons from another member State ”.

In section 32 (agents etc.), for subsection (2) there shall be substituted the following subsection—

After section 32 there shall be inserted the following sections—

For section 35 (supplies of dutiable goods in warehouse) there shall be substituted the following section—

For section 37 (trading stamp schemes) there shall be substituted the following section—

In section 38 (which gives effect to Schedule 7), after “effect" there shall be inserted “ subject to section 46A(6) below, ”.

in paragraph (b) (evasion by obtaining refund), after “under" there shall be inserted “ section 20A, ”;

after that paragraph there shall be inserted the following paragraph—; and

in sub-paragraph (ii), after “paragraph (b)" there shall be inserted “ paragraph (ba) ”.

after “under", in the first place where it occurs, there shall be inserted “ section 20A, ”; and

after “22 above" there shall be inserted “ for a refund under any regulations made by virtue of section 8C(5) above ”.

In subsection (1) of section 40 (appeals)—

in paragraph (b), for the words from “or, subject" to the end of the paragraph there shall be substituted “ on the acquisition of goods from another member State or, subject to subsection (5) below, on the importation of goods from a place outside the member States ”;

after paragraph (d) there shall be inserted the following paragraph—

after paragraph (f) there shall be inserted the following paragraph—

after paragraph (j) there shall be inserted the following paragraph—

in paragraph (m), at the end of sub-paragraph (ii) there shall be inserted;

in paragraph (n), after “under" there shall be inserted “ section 32A(7) above or ”;

in paragraph (o), for “17" there shall be substituted “ 17A ”.

in paragraph (a), after “section 10(2) above" there shall be inserted “ or on the acquisition of goods from another member State by reference to a value determined under section 10A(3) above ”; and

in paragraph (b), after “supply" there shall be inserted “ or acquisition ”.

in paragraph (a), after “the said section 10(2)" there shall be inserted “ or on the acquisition of goods from another member State by reference to a value determined under the said section 10A(3) ”; and

in paragraph (b), after “supply" there shall be inserted “ or acquisition ”.

In section 46 (service of notices), for the words from “at his" onwards there shall be substituted “ or his tax representative at the last or usual residence or place of business of that person or representative. ”

After section 46 there shall be inserted the following sections—

After section 47 there shall be inserted the following section—

after “in this Act-" there shall be inserted the following definition—

after the definition of “ ship ” there shall be inserted the following definition—

in the definition of “tax", at the end there shall be inserted “ charged in accordance with the provisions of this Act ”;

for the definition of “taxable person" there shall be substituted the following definition—.

In section 49 (refund of tax to Government of Northern Ireland)—

for “or on the importation of goods by, that Government" there shall be substituted “ that Government, on the acquisition of any goods by that Government from another member State or on the importation of any goods by that Government from a place outside the member States ”; and

after “supplies" there shall be inserted “ acquisitions ”.

after the word “registered", in the first place where it occurs, there shall be inserted “ under this Act ”;

after that word, in the second place where it occurs, there shall be inserted “ under this Schedule ”.

after “registered" there shall be inserted “ under this Act ”; and

in paragraph (a), after “10 below" there shall be inserted “ paragraph 6(2) of Schedule 1A to this Act or paragraph 6(3) of Schedule 1B to this Act ”.

After paragraph 1A of that Schedule there shall be inserted the following paragraph—

In paragraph 3(3) of that Schedule (notification of liability to be registered)—

after the word “registered", in the first place where it occurs, there shall be inserted “ by virtue of paragraph 1(1)(a) above ”; and

before that word, in the second place where it occurs, there shall be inserted “so".

In each of paragraphs 5 and 5A(1) of that Schedule (entitlement to be registered), after “registered" there shall be inserted “ under this Act and is not already so registered ”.

In paragraph 7 of that Schedule (notification of end of liability or entitlement), at the end there shall be inserted “ unless he would, when he so ceases, be otherwise liable or entitled to be registered under this Act if his registration and any enactment preventing a person from being liable to be registered under different provisions at the same time were disregarded. ”

In paragraph 7A of that Schedule (notification of end of liability or entitlement), at the end there shall be inserted “ unless, in the case of a person ceasing as mentioned in sub-paragraph (a) above, he would, when he so ceases, be otherwise liable or entitled to be registered under this Act if his registration and any enactment preventing a person from being liable to be registered under different provisions at the same time were disregarded. ”

at the beginning there shall be inserted “ Subject to sub-paragraph (1A) below ”; and

after “be registered" there shall be inserted “ under this Schedule ”.

After Schedule 1 there shall be inserted the following Schedules—

in paragraph (a), for the words from “in respect of" to the end of the paragraph there shall be substituted “ has been allowed to him in respect of the supply of the goods, their acquisition from another member State or their importation from a place outside the member States ”; and

in paragraph (b), for “were not acquired by him" there shall be substituted “ did not become his ”.

at the beginning there shall be inserted “ (1) ”;

in sub-paragraph (b), after “paragraph 5(1)" there shall be inserted “ or 5A ”; and

for the words from “the value" to the end of the paragraph there shall be substituted—

After Schedule 4 there shall be inserted the following Schedule—

in Item 4 of Group 15 (supply to overseas authority etc. of goods used in the United Kingdom for the manufacture of goods for export), after “for export" there shall be inserted “ to places outside the member States. ”; and

in Note (6) to Group 15 (restriction on application of Item 4), at the end there shall be inserted “ another member State, any part of or place in another member State, the government of any such member State, part or place, a body established in another member State or a person who carries on business, or has a place of business, in another member State. ”

for “to other taxable persons to provide them" there shall be substituted “ in such cases, or to persons of such descriptions, as may be so specified to provide the persons supplied ”; and

for the words from “the tax chargeable" onwards there shall be substituted “ and of the persons by and to whom the goods or services are supplied and containing such an indication as may be required by the regulations of whether value added tax is chargeable on the supply under this Act or the law of another member State and such particulars of any value added tax which is so chargeable as may be so specified. ”

In paragraph 3 of that Schedule (computer records of particulars contained in tax invoices), after sub-paragraph (2) there shall be inserted the following sub-paragraph—

after the word “period", in the first place where it occurs, there shall be inserted “ must be made within the time limits provided for in section 22 of the Finance Act 1985 (ultimate time limits on assessments) and ”; and

for the words after paragraph (b) there shall be substituted— “ but (subject to that section) where further such evidence comes to the Commissioners’ knowledge after the making of an assessment under sub-paragraph (1), (2) or (2A) above, another assessment may be made under that sub-paragraph, in addition to any earlier assessment. ”

for the words from “acquired" to the word “him", in the first place where it occurs, there shall be substituted “ in the course or furtherance of a business carried on by him, been supplied with any goods, acquired any goods from another member State or otherwise obtained possession or control of any goods or has, in the course or furtherance of such a business, imported any goods from a place outside the member States, ”; and

for “from the United Kingdom otherwise than" there shall be substituted “ or otherwise removed from the United Kingdom without being exported or so removed ”.

After paragraph 4 of that Schedule there shall be inserted the following paragraph—

In paragraph 5(2) of that Schedule (requirement of security), at the beginning there shall be inserted “ Without prejudice to their power under section 32A(7) of this Act, ”.

In paragraph 6 of that Schedule (enforcement and recovery of tax), after sub-paragraph (9) there shall be inserted the following sub-paragraph—

In paragraph 7(1) of that Schedule (duty to keep records), at the end there shall be inserted “ and every person who, at a time when he is not a taxable person, acquires in the United Kingdom from another member State any goods which are subject to a duty of excise or consist in a new means of transport shall keep such records with respect to the acquisition (if it is a taxable acquisition and is not in pursuance of a taxable supply) as the Commissioners may so require. ”

after the word “made", in the first place where it occurs, there shall be inserted “ every person who is concerned (in whatever capacity) in the acquisition of goods from another member State ”;

after the word “goods", in the second place where it occurs, there shall be inserted “ from a place outside the member States ”;

in paragraph (a) and in the words after paragraph (b), after the word “supply", in each place, there shall be inserted “ acquisition ”.

In paragraph 9(1) of that Schedule (power to take samples), after “supplies goods" there shall be inserted “ or acquires goods from another member State ”.

In paragraph 10(2) of that Schedule (power of entry to premises used in connection with taxable supplies)—

after “supplies" there shall be inserted “ or with the acquisition of goods under taxable acquisitions from other member States ”; and

after “supplied" there shall be inserted “ or acquired ”.

In paragraph 11(1) of that Schedule (evidence by certificate), after paragraph (b) there shall be inserted the following paragraph—.

In paragraph 6 of Schedule 10 (relief for vehicles in respect of which purchase tax was remitted), for the words from “as imported" to the end of the paragraph there shall be substituted “ for the purposes of value added tax in respect of goods acquired from another member State or, as the case may be, value added tax in respect of goods imported from places outside the member States, as so acquired or imported ”.

Chapter II of Part I of the Finance Act 1985 (enforcement provisions in relation to value added tax) shall be amended in accordance with the following provisions of this Part of this Schedule.

in paragraph (b) (evasion by obtaining refund), after “under" there shall be inserted “ section 20A, ”; and

after that paragraph there shall be inserted the following paragraph—.

In section 14(5B)(b) (references to input tax for purposes of application of section in relation to certain public bodies), after “supplies" there shall be inserted “ acquisitions ”.

After section 14A there shall be inserted the following section—

in paragraph (a), after “principal Act" there shall be inserted “ with paragraph 3 of Schedule 1A to that Act or with paragraph 3 or 8(2) of Schedule 1B to that Act ”;

after paragraph (a) there shall be inserted the following paragraph—.

after “means" there shall be inserted “ (subject to subsections (3B) and (3C) below) ”;

in paragraph (a), after “principal Act" there shall be inserted “ with paragraph 3 of Schedule 1A to that Act or with paragraph 3 of Schedule 1B to that Act ”;

in paragraph (b), after “principal Act" there shall be inserted “ or with sub-paragraph (2) of paragraph 8 of Schedule 1B to that Act ”;

after paragraph (b) there shall be inserted the following paragraph—.

in paragraph (a), after “nine months" there shall be inserted “ or where the relevant tax is given by paragraph (ba) of that subsection and the failure in question did not continue for more than three months ”; and

in paragraph (b), for “so given" there shall be substituted “ given by paragraph (a) or (b) of subsection (3) above ” and after “eighteen months" there shall be inserted “ or where that tax is given by paragraph (ba) of that subsection and the failure in question continued for more than three months but did not continue for more than six months ”.

In section 17(1) (penalties for breach of regulatory provisions)—

in paragraph (a), after “principal Act" there shall be inserted “ paragraph 5 of Schedule 1A to that Act or paragraph 5 of Schedule 1B to that Act ”;

after paragraph (a) there shall be inserted the following paragraph—.

After section 17 there shall be inserted the following section—

In section 18(1)(c) (interest recovered or recoverable on assessment), after “principal Act" there shall be inserted “ or under paragraph 8 of Schedule 1B to that Act ”.

after the words “section 17", in the first place where they occur, there shall be inserted “ or section 17A ”;

in paragraph (a), for “falling within section 17(1) above" there shall be substituted “ or default falling within section 17(1) or section 17A(1) above ”; and

in the words after paragraph (b), after “section 17" there shall be inserted “ section 17A ”.

in paragraph (a), after “paragraph 4" there shall be inserted “ or paragraph 4A ”; and

after “importation" there shall be inserted “ or acquisition ”.

In section 33(5)(a) (interpretation and construction of Chapter II), for “17" there shall be substituted “ 17A ”.

In section 2(5A) of the Diplomatic Privileges Act 1964 (construction of references to certain duties), at the end there shall be inserted “ and to value added tax charged in accordance with section 2A or 2B of the Value Added Tax Act 1983 (acquisitions from other member States and importations from outside the European Union) ”.

In paragraph 10 of the Schedule to the Commonwealth Secretariat Act 1966 (immunities and privileges), after sub-paragraph (1) there shall be inserted the following sub-paragraph—

In Schedule 1 to the International Organisations Act 1968 (privileges and immunities), in paragraph 19 (interpretation), after paragraph (b) there shall be inserted the following paragraph—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

In section 1 of the Diplomatic and other Privileges Act 1971 (refunds in respect of hydrocarbon oil), after subsection (4) there shall be inserted the following subsection—

In section 13(4) of the Customs and Excise Duties (General Reliefs) Act 1979 (personal reliefs), in the definition of “value added tax", after “on the importation of goods" there shall be inserted “ from places outside the member States or on the acquisition of goods from member States other than the United Kingdom ”.

In section 9 of the Finance Act 1986 (fuel for private use)—

in subsection (3), after paragraph (a) there shall be inserted the following paragraph—

in subsection (5), after “supply" there shall be inserted “ acquisition ”.

In section 827(1)(a) of the Income and Corporation Taxes Act 1988 (deduction of VAT penalties under sections 13 to 17 of the Finance Act 1985), for “17" there shall be substituted “ 17A ”.

The Car Tax Act 1983 shall be amended in accordance with the following provisions of this Schedule.

In section 4 (registration of makers and importers of chargeable vehicles)—

in subsection (1), for “imports" there shall be substituted“ brings into the United Kingdom ”; and

in subsection (3), for “import" there shall be substituted“ bring into the United Kingdom ”.

in paragraph (a), for “imported" there shall be substituted“ brought into the United Kingdom ”;

in paragraph (b), after “imported" there shall be inserted“ into the United Kingdom from outside European Union”; and

after paragraph (b) there shall be inserted the following paragraphs—.

for “exportation" there shall be substituted“ its removal from the United Kingdom ”;

for the word “imported", in the first place where it occurs, there shall be substituted“ brought into the United Kingdom ”; and

for “and not previously imported" there shall be substituted“ in respect of which tax has not previously been paid. ”

in paragraph (b), for “imports" there shall be substituted“ brings ”; and

in paragraph (c) and in the words after that paragraph, for the word “acquires", in each place where it occurs, there shall be substituted“ obtains ”.

In section 9 (interpretation), after “in this Act-" there shall be inserted the following definition—.

in sub-paragraph (1), after“ chargeable vehicles ”there shall be inserted“ or with the movement of such vehicles between member States ”; and

in sub-paragraph (2), after “who" there shall be inserted“ in a case in relation to which he is not required to furnish to the Commissioners any document in accordance with regulations under paragraph 1A above, ”.

in sub-paragraph (1), after “chargeable vehicles" there shall be inserted“ or with the movement of such vehicles between member States ”; and

in sub-paragraph (2), after paragraph (a) there shall be inserted the following paragraph—.

In paragraph 6 of Schedule 2 (transitional provisions for vehicles exported before 1st April 1981), for “on the importation of any vehicle" there shall be substituted“ in respect of any vehicle by virtue of section 1(1)(b) or (c) of this Act ”.

The Taxes Act 1988 shall be amended in accordance with paragraphs 2 to 8 below.

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This Schedule shall apply in relation to tax for the year 1993-94 and subsequent years of assessment.

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In section 272 of the Income and Corporation Taxes Act 1970 (groups of companies: definitions) in subsection (1F) (application of Schedule 18 but without paragraph 5(3) etc.) after “5(3)" there shall be inserted “ and 5B to 5E ”.

In section 170 of the Taxation of Chargeable Gains Act 1992 (interpretation of sections 171 to 181) in subsection (8) (application of Schedule 18 but without paragraph 5(3) etc.) after “5(3)" there shall be inserted “ and 5B to 5E ”.

any shares or securities of the relevant company are issued in circumstances where they carry both rights referred to in paragraph 4(1) of Schedule 18 and rights referred to in paragraph 5(1) of Schedule 18;

any shares or securities of the relevant company issued before 15th November 1991 begin to carry both rights referred to in paragraph 4(1) of Schedule 18 and rights referred to in paragraph 5(1) of Schedule 18 (whether or not they previously carried rights referred to in one of those paragraphs).

references to the relevant company are to the second company referred to in paragraphs 2(1) and 3(1) of Schedule 18;

references to accounting periods are to accounting periods of that company.

Paragraph 2 above shall apply where the option arrangements are made on or after 15th November 1991.

Paragraph 3 above shall apply in accordance with paragraphs 6 and 7 above.

Subject to the repeals made by the Taxation of Chargeable Gains Act 1992, paragraph 4 above shall apply in accordance with paragraph 7 above.

The Taxation of Chargeable Gains Act 1992 shall have effect, and be deemed always to have had effect, with the amendment made by paragraph 5 above.

Schedule 11 to the Finance Act 1989 (deep gain securities) shall be amended as follows.

In paragraph 1 (definition of deep gain securities) for sub-paragraph (3A) there shall be substituted—

In paragraph 2 (definition of qualifying indexed securities) in sub-paragraph (13) for paragraphs (c) and (d) there shall be substituted—

The following shall be inserted after paragraph 19—

The following shall be inserted after paragraph 22B—

The amendments made by this Schedule shall be deemed always to have had effect.

Any such adjustment as is appropriate in consequence of this Schedule may be made (whether by way of discharge or repayment of tax, the making of an assessment or otherwise).

The following section shall be inserted after section 56 of the Taxes Act 1988 (transactions in deposits etc.)—

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This Schedule shall apply in relation to arrangements made after the day on which this Act is passed.

The Taxes Act 1988 shall be amended in accordance with paragraphs 2 to 19 below.

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In section 459 (exemption from tax for unregistered friendly societies whose income does not exceed £160 a year) after “unregistered friendly society" there shall be inserted “ (that is, a friendly society which is neither an incorporated friendly society nor a registered friendly society) ”.

in paragraph (a), for “friendly society" there shall be substituted “ registered friendly society ”, and

the following paragraph shall be inserted after paragraph (a)—.

for “registered friendly society" there shall be substituted “ friendly society ”,

for “section 72 of the Friendly Societies Act (Northern Ireland) 1970" there shall be substituted “ section 91 of the Friendly Societies Act 1992 ”, and

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In section 461 (taxation of registered friendly societies in respect of other business) in subsection (4)(a)—

for “section 72 of the Friendly Societies Act (Northern Ireland) 1970" there shall be substituted “ section 91 of the Friendly Societies Act 1992 ”, and

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The following sections shall be inserted after section 461—

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In section 463 (life or endowment business: application of the Corporation Tax Acts) in subsection (1) for “registered friendly societies" there shall be substituted “ friendly societies ”.

for “registered friendly society or branch" there shall be substituted “ friendly society or registered branch ”, and

for “registered friendly societies or branches" there shall be substituted “ friendly societies or registered branches ”.

In section 465 (old societies) the following subsection shall be added at the end—

The following section shall be inserted after section 465—

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In section 599 (charge to tax: commutation of entire pension in special circumstances) for subsection (8)(b) there shall be substituted—

In section 630 (personal pension schemes: interpretation) for paragraph (b) of the definition of “authorised insurance company" there shall be substituted—.

for “any friendly society" there shall be substituted “ any registered friendly society (as defined in section 466) ”, and

for “a friendly society" there shall be substituted “ such a society ”.

in section 68 of the Finance Act 1985 (modification of indexation allowance) in subsection (7A)(a) after “123A," there shall be inserted “ 143A, ”, and

in Schedule 8 to the Finance Act 1988 (assets held on 31st March 1982) in paragraph 1(3)(a) after “123A," there shall be inserted “ 143A, ”.

The Taxation of Chargeable Gains Act 1992 shall be amended as follows.

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Part I of the Capital Allowances Act 1990 (capital allowances for buildings and structures) shall be amended as follows.

After section 10 (purchases of buildings and structures) there shall be inserted the following section—

In section 1 (buildings and structures in enterprise zones) in subsection (10) the words from “and, except for that purpose" to the end of the subsection shall cease to have effect.

In section 6 (buildings and structures in enterprise zones) subsection (5) shall cease to have effect.

In section 10, at the beginning of subsection (1) there shall be inserted “ Subject to subsection (3A) below, ”.

After that subsection there shall be inserted the following subsection—

After subsection (3) of that section there shall be inserted the following subsection—

After section 10A there shall be inserted the following section—

At the beginning of section 10(4) there shall be inserted “ Subject to section 10B ”.

After section 17 there shall be inserted the following section—

After section 1(10) there shall be inserted the following subsection—

After section 6(4) there shall be inserted the following subsection—

In section 4(9) (balancing allowances and charges) in paragraph (a) of the definition of “the capital expenditure" after the words “section 10(1)" there shall be inserted “ 10A or 10B ”.

Paragraphs 2 to 7 above shall have effect in any case where the purchase price payable on the sale of the relevant interest in a building or structure before it is used (or if there is more than one such sale before the building or structure is used, the purchase price payable on the last of those sales) becomes payable on or after 16th December 1991.

Paragraphs 8 and 9 above shall have effect in relation to buildings or structures first used on or after 16th December 1991.

Paragraph 10 above shall apply in relation to contracts whenever made.

Paragraph 13 above shall have effect in accordance with paragraphs 14 and 15 above.

In section 104 of the Inheritance Tax Act 1984 (relief for relevant business property)—

in subsection (1)(a), for “50 per cent" there shall be substituted “ 100 per cent ”;

in subsection (1)(b), for “30 per cent" there shall be substituted “ 50 per cent ”.

In section 113A of that Act (transfers of relevant business property within seven years before death of transferor) the following subsection shall be inserted after subsection (3A)—

In section 116 of that Act (relief for agricultural property) in subsections (2) and (4)—

for “50 per cent" (in each place) there shall be substituted “ 100 per cent ”;

for “30 per cent" (in each place) there shall be substituted “ 50 per cent ”.

In section 227 of that Act (payment by instalments - land, shares and businesses) the following subsection shall be inserted after subsection (1A)—

In section 228 of that Act (shares or securities within section 227) the following subsection shall be added at the end—

In Schedule 20 to the Finance Act 1986 (gifts with reservation) in paragraph 8(1A)(a) (which refers to shares and securities qualifying for 50 per cent. business property relief) for the words from “within paragraph (b)" to “relief)" there shall be substituted “ within paragraph (b), (bb) or (cc) of section 105(1) of the 1984 Act (certain shares or securities qualifying for relief) ”.

Subject to paragraph 9 below, the amendments made by this Schedule shall have effect in relation to transfers of value made, and other events occurring, on or after 10th March 1992.

a potentially exempt transfer made before that date proves to be a chargeable transfer, or

additional tax falls to be calculated in respect of a chargeable transfer (other than a potentially exempt transfer) made before that date and within seven years of the death.

that the amendments made by this Schedule came into effect at the time the transfer was made, and

(in a case within sub-paragraph (1)(b) above) that so much of the value transferred as would have been reduced in accordance with Chapter I of Part V of that Act as amended by this Schedule was so reduced.

In section 2 (assessable profits and allowable losses), in subsection (5A) (gas exported from a place on land in the United Kingdom) for the words from “required", in the second place where it occurs, to the end of the subsection there shall be substituted

after the words “transporting it" there shall be inserted “ (i) ”; and

for the words “or to the place in the United Kingdom" there shall be substituted.

in sub-paragraph (i) the words “of either the territorial sea of the United Kingdom or a designated area" shall be omitted; and

in sub-paragraph (iv) for the words “in the United Kingdom to the place in the United Kingdom" there shall be substituted “ to the place in the United Kingdom or, in the case of oil first landed in another country, to the place in that or any other country (other than the United Kingdom) ”.

In section 12(1) (definitions),—

in the definitions of “initial storage" and “initial treatment" the words “in the United Kingdom, the territorial sea thereof or a designated area" shall be omitted;

in the definition of “initial storage" after the words “United Kingdom", in the second place where they occur, there shall be inserted “ or another country ”;

in the definition of “land", after the words “United Kingdom" there shall be inserted “ or another country ”; and

in the definition of “production purposes" after the words “United Kingdom", in the last place where they occur, there shall be inserted “ or another country ”.

in the heading the words “in United Kingdom" shall be omitted; and

in sub-paragraph (a) after the words “United Kingdom" there shall be inserted “ or to the place referred to in section 3(1)(f)(ii) of this Act ”.

In Schedule 18 (alternative valuation of light gases), in paragraph 3, in sub-paragraph (2) (the terms of the relevant contract), in paragraph (a) after the words “United Kingdom" there shall be inserted the words “ or another country ”.

In Schedule 1 (extension of allowable expenditure for assets generating receipts), in paragraph 1 (associated assets), in sub-paragraph (4) paragraph (c) and the word “and" immediately preceding it shall be omitted.

In Schedule 2 to that Act (supplemental provisions as to receipts from qualifying assets), in paragraph 12 (purchase at place of extraction), in sub-paragraph (3) for paragraphs (a) and (b) there shall be substituted.

In Schedule 4 to that Act (receipts attributable to United Kingdom use of foreign field assets), in paragraph 11 there shall be omitted—

in sub-paragraph (3) the words “and on the further assumption set out in sub-paragraph (4) below"; and

sub-paragraph (4).

In Schedule 21 (alternative valuation of light gases), in paragraph 5(1) after the words “(definition of “the relevant contract")" there shall be inserted “ in sub-paragraph (1) ”.

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any part of the trade carried on by NIE which is transferred by the Order to a successor company shall be treated as having been, at the time when it began to be carried on by NIE or any predecessor and at all times since that time, a separate trade carried on by the successor company;

the trade carried on by a successor company after the transfer date shall be treated as the same trade as that which, by virtue of paragraph (a) above, it is treated as having carried on before that date;

all property, rights and liabilities of NIE which are transferred by the Order to a successor company shall be treated as having been, at the time when they became vested in NIE or any predecessor and at all times since that time, property, rights and liabilities of the successor company; and

anything done by NIE or any predecessor in relation to any property, rights and liabilities which are transferred by the Order to a successor company shall be deemed to have been done by the successor company.

Where NIE has before the transfer date disposed of (or of its interest in) any assets used, throughout the period of ownership, wholly or partly for the purposes of the part of its trade transferred by the Order to a successor company, sections 115 to 119 of the Capital Gains Tax Act 1979 or, where appropriate, sections 152 to 156 of the Taxation of Chargeable Gains Act 1992 (roll-over relief on replacement of business assets) shall have effect in relation to that disposal as if NIE and the successor company were the same person.

the lessee shall be deemed for the purposes of that section to have paid in consideration for the grant of the lease a capital sum of an amount equal to the residue of expenditure immediately before the lease takes effect, computed in accordance with Chapter 8 of Part 3 of that Act, and

section 291(1) of that Act shall be disregarded;

the lessee shall be deemed to have given as consideration for the lease a capital sum which falls to be treated for the purposes of Part 2 of that Act as expenditure on the provision of the fixture concerned; and

the amount of that capital sum shall be equal to the amount of expenditure which is attributed to the fixture concerned for the purposes of apportioning, in accordance with the transfer scheme, expenditure by reference to which capital allowances may be made;. . .

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NIE or any predecessor, or

the lessor,

NIE or any predecessor, or

the lessor,

NIE or any predecessor, or

the lessor,

NIE or any predecessor, or

the lessor,

Where any property, rights and liabilities transferred by the Order to a successor company (the first company) are, in pursuance of Schedule 10 to the Order, transferred to another successor company (the second company)-

the preceding provisions of this Schedule shall have effect as if the transfer effected by the Order had been a transfer to the second company; and

anything which, in relation to the property, rights and liabilities transferred in pursuance of that Schedule, was done by the first company for the purposes of its trade shall be deemed to have been done by the second company for the purposes of its trade.

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wholly in consideration of a loan made to the company of an amount equal to the principal sum payable under the debenture; and

wholly and exclusively for the purposes of the trade carried on by the company.

The repeal of section 100H(1)(f) of the Customs and Excise Management Act 1979 comes into force with paragraph 6 of Schedule 1 to this Act and is subject to sub-paragraph (2) of that paragraph.

The repeals in section 117 of the Customs and Excise Management Act 1979 come into force with paragraph 5 of Schedule 2 to this Act.

The repeal of section 41A(7)(d) of the Alcoholic Liquor Duties Act 1979 comes into force with paragraph 10 of Schedule 1 to this Act and is subject to sub-paragraph (2) of that paragraph.

The repeals of section 52 of the Alcoholic Liquor Duties Act 1979 and of paragraph 17 of Schedule 2 to the Finance Act 1991 come into force with so much of paragraph 8 of Schedule 2 to this Act as inserts a new section 170B in the Customs and Excise Management Act 1979.

The repeal in Schedule 8 to the Finance Act 1981 comes into force with paragraph 2(6) of Schedule 2 to this Act.

The repeals of paragraphs 2 and 6 of Schedule 3 to the Finance Act 1986 come into force with sub-paragraphs (1) and (3), respectively, of paragraph 2 of Schedule 2 to this Act.

These repeals have effect as from 1st January 1993.

This repeal has effect in accordance with section 11 of this Act.

These repeals have effect in accordance with section 12 of this Act.

In Schedule 1—

These repeals come into force in accordance with section 14(3) of this Act.

This repeal has effect in accordance with section 17 of this Act.

In section 5—

These repeals come into force in accordance with section 18(2) of this Act.

These repeals have effect in accordance with paragraph 10 of Schedule 5 to this Act.

These repeals have effect in accordance with section 28 of this Act.

This repeal has effect in accordance with section 29 of this Act.

These repeals have effect in accordance with section 32 of this Act.

These repeals have effect in accordance with Schedule 7 to this Act.

This repeal has effect in accordance with section 49 of this Act.

This repeal has effect in accordance with section 55(2) of this Act.

These repeals have effect in accordance with paragraph 6 of Schedule 11 to this Act.

These repeals have effect in accordance with paragraph 14 of Schedule 13 to this Act.

These repeals have effect in accordance with sections 55(3) and 74(5) of this Act.

This repeal has effect in accordance with paragraph 5(9) of Schedule 17 to this Act.

This repeal has effect in accordance with section 79 of this Act.

This repeal has effect in accordance with section 80 of this Act.