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EUROPEAN CONVENTION ON HUMAN RIGHTS |
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Lord Deighton has made the following statement under section 19(1)(a) of the Human Rights Act 1998:
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In my view the provisions of the Finance Bill are compatible with the Convention rights. |
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The following amendments should be read together with House of Commons Bill 10—I and 10—II to |
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which they relate. These amendments have been made by the House of Commons to that Bill. |
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Insert the following new Clause— |
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“Tax relief for theatrical production |
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Schedule (Tax relief for theatrical production) contains provision about relief |
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in respect of theatrical productions.” |
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Insert the following new Clause— |
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“Determination of beneficial entitlement for purposes of group relief |
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(1) | CTA 2010 is amended as follows. |
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(2) | In section 169 (interpretation of provisions to determine proportion of |
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(a) | in subsection (2), for the definition of “arrangements” substitute— |
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(a) | means arrangements of any kind (whether or |
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(b) | does not include a condition or requirement |
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imposed by, or agreed with, a Minister of the |
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Crown, the Scottish Ministers, a Northern |
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Ireland department or a statutory body,”, |
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(b) | after that subsection insert— |
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| “(3) | In subsection (2) “statutory body” means a body (other than |
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| a company as defined by section 1(1) of the Companies Act |
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| 2006) established by or under a statutory provision for the |
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| purpose of carrying out functions conferred on it by or |
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| under a statutory provision, except that the Treasury may, |
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| by order, specify that a body is or is not to be a statutory |
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| (3) | In section 188 (other definitions for Part 5), in subsection (1), in the |
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| definition of “company” for “section 156(2A)” substitute “sections 156(2A) |
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| (4) | The amendments made by this section have effect in relation to accounting |
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| periods ending on or after 1 January 2015.” |
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Insert the following new Clause— |
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“Pension flexibility: further amendments |
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Schedule (Pension flexibility: further amendments) makes further provision in |
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connection with pension flexibility.” |
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Insert the following new Clause— |
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“Exclusion of incentivised electricity or heat generation activities |
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(1) | ITA 2007 is amended as follows. |
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(2) | In section 192 (EIS: meaning of “excluded activities”)— |
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(a) | in subsection (1), omit the “and” at the end of paragraph (ka) and |
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after that paragraph insert— |
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“(kb) | the subsidised generation of heat or subsidised |
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production of gas or fuel, and”, and |
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(b) | in subsection (2), omit the “and” at the end of paragraph (f) and |
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after paragraph (g) insert “, and |
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(h) | section 198B (subsidised generation of heat and |
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subsidised production of gas or fuel).” |
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(3) | In section 198A (excluded activities: subsidised generation or export of |
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(a) | for subsection (3) substitute— |
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“(3) | The generation of electricity is “subsidised” if— |
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(a) | a person receives a FIT subsidy in respect of the |
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(b) | a renewables obligation certificate is issued in |
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connection with the generation of the electricity, or |
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(c) | a scheme established in a territory outside the |
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United Kingdom, and corresponding to that set out |
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in a renewables obligation order under section 32 of |
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| the Electricity Act 1989, operates to incentivise the |
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| generation of the electricity.”, |
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| (b) | in subsection (6), omit the “or” after paragraph (c) and after |
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| paragraph (d) insert “, or |
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| (e) | an SCE formed in accordance with Council |
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| Regulation (EC) No 1435/2003 on the Statute for a |
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| European Cooperative Society.”, and |
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| (c) | in subsection (9), at the end insert— |
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| ““renewables obligation certificate” means a certificate |
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| issued under section 32B of the Electricity Act 1989 |
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| or Article 54 of the Energy (Northern Ireland) Order |
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| (4) | After that section insert— |
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| “198B | Excluded activities: subsidised generation of heat and subsidised |
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| production of gas or fuel |
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| (1) | This section supplements section 192(1)(kb). |
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| (2) | The generation of heat, or production of gas or fuel, is “subsidised” |
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| if a payment is made, or another incentive is given, under— |
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| (a) | a scheme established by regulations under section 100 of the |
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| Energy Act 2008 or section 113 of the Energy Act 2011 |
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| (renewable heat incentives), or |
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| (b) | a similar scheme established in a territory outside the |
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| | in respect of the heat generated, or gas or fuel produced. |
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| (3) | But the generation of heat, or production of gas or fuel, is not to be |
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| taken to fall within section 192(1)(kb) if Condition A or B is met. |
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| (4) | Condition A is that the generation or production is carried on by— |
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| (a) | a community interest company, |
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| (b) | a co-operative society, |
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| (c) | a community benefit society, |
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| (d) | a NI industrial and provident society, or |
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| (e) | an SCE formed in accordance with Council Regulation (EC) |
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| No 1435/2003 on the Statute for a European Cooperative |
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| (5) | Condition B is that the plant used for the generation of the heat, or |
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| production of the gas or fuel, relies wholly or mainly on anaerobic |
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| (6) | Section 198A(9) (definitions) applies for the purposes of this section |
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| as for the purposes of section 198A.” |
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| (5) | In section 303 (VCTs: meaning of “excluded activities”)— |
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| (a) | in subsection (1), omit the “and” at the end of paragraph (ka) and |
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| after that paragraph insert— |
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| “(kb) | the subsidised generation of heat or subsidised |
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| production of gas or fuel, and”, and |
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| (b) | in subsection (2), omit the “and” at the end of paragraph (f) and |
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| after paragraph (g) insert “, and |
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| (h) | section 309B (subsidised generation of heat and |
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| subsidised production of gas and fuel).” |
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| (6) | In section 309A (excluded activities: subsidised generation or export of |
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| (a) | for subsection (3) substitute— |
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| “(3) | The generation of electricity is “subsidised” if— |
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| (a) | a person receives a FIT subsidy in respect of the |
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| (b) | a renewables obligation certificate is issued in |
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| connection with the generation of the electricity, or |
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| (c) | a scheme established in a territory outside the |
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| United Kingdom, and corresponding to that set out |
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| in a renewables obligation order under section 32 of |
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| the Electricity Act 1989, operates to incentivise the |
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| generation of the electricity.”, |
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| (b) | in subsection (6), omit the “or” after paragraph (c) and after |
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| paragraph (d) insert “, or |
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| (e) | an SCE formed in accordance with Council |
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| Regulation (EC) No 1435/2003 on the Statute for a |
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| European Cooperative Society.”, and |
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| (c) | in subsection (9), at the end insert— |
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| ““renewables obligation certificate” means a certificate |
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| issued under section 32B of the Electricity Act 1989 |
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| or Article 54 of the Energy (Northern Ireland) Order |
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| (7) | After that section insert— |
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| “309B | Excluded activities: subsidised generation of heat and subsidised |
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| production of gas or fuel |
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| (1) | This section supplements section 303(1)(kb). |
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| (2) | The generation of heat, or production of gas or fuel, is “subsidised” |
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| if a payment is made, or another incentive is given, under— |
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| (a) | a scheme established by regulations under section 100 of the |
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| Energy Act 2008 or section 113 of the Energy Act 2011 |
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| (renewable heat incentives), or |
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| (b) | a similar scheme established in a territory outside the |
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| | in respect of the heat generated or gas or fuel produced. |
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| (3) | But the generation of heat, or production of gas or fuel, is not to be |
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| taken to fall within section 303(1)(kb) if Condition A or B is met. |
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| (4) | Condition A is that the generation or production is carried on by— |
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| (a) | a community interest company, |
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| (b) | a co-operative society, |
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| (c) | a community benefit society, |
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| (d) | a NI industrial and provident society, or |
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| (e) | an SCE formed in accordance with Council Regulation (EC) |
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| No 1435/2003 on the Statute for a European Cooperative |
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| (5) | Condition B is that the plant used for the generation of the heat, or |
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| production of the gas or fuel, relies wholly or mainly on anaerobic |
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| (6) | Section 309A(9) (definitions) applies for the purposes of this section |
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| as for the purposes of section 309A.” |
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| (8) | The amendments made by subsections (2) to (4) have effect in relation to |
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| shares issued on or after the day on which this Act is passed. |
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| (9) | The amendments made by subsections (5) to (7) have effect in relation to a |
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| relevant holding issued on or after the day on which this Act is passed.” |
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Insert the following new Clause— |
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“General Block Exemption Regulation |
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Schedule (General Block Exemption Regulation) makes provision in relation |
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to Commission Regulation (EU) No 651/2014 (General block exemption |
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Page 52, line 12, leave out “(EC) No 800/2008” and insert “(EU) No 651/2014” |
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Page 52, line 41, at end insert— |
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“( ) | In the application of section 360L of CAA 2001 in relation to expenditure |
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incurred before the day on which this Act is passed, the definition of |
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“General Block Exemption Regulation” in subsection (6) of that section is to |
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be treated as referring to Commission Regulation (EC) No 800/2008.” |
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Insert the following new Clause— |
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“Oil contractor activities: ring-fence trade etc |
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Schedule (oil contractors: ring-fence trade etc) contains provision about the |
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corporation tax treatment of oil contractor activities.” |
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Page 61, line 18, leave out “as follows” and insert “in accordance with subsections |
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Page 62, line 9, at end insert— |
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“( ) | Accordingly, in section 1 of the Air Passenger Duty (Setting of Rate) Act |
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(Northern Ireland) 2012 (setting of rate of air passenger duty)— |
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| (i) | omit “(3)(a) and (b), (4)(a) and (b),”, and |
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| (ii) | for “(5A)(a), (b) and (c)” substitute “(5A)(c)”, and |
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| (b) | omit subsections (2) to (5), (8) and (9).” |
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Insert the following new Clause— |
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“SDLT: exercise of collective rights by tenants of flats |
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(1) | In section 74 of FA 2003 (exercise of collective rights by tenants of flats), in |
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subsection (1A) for “£2,000,000”, in each place it occurs, substitute |
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(2) | The amendments made by this section have effect in relation to any |
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chargeable transaction of which the effective date is on or after 1 July 2014. |
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(3) | But the amendments do not have effect in relation to a transaction— |
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(a) | effected in pursuance of a contract entered into and substantially |
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performed before 20 March 2014, or |
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(b) | effected in pursuance of a contract entered into before that date and |
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not excluded by subsection (4). |
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(4) | A transaction effected in pursuance of a contract entered into before 20 |
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March 2014 is excluded by this subsection if— |
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(a) | there is any variation of the contract, or assignment (or assignation) |
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of rights under the contract, on or after 20 March 2014, |
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(b) | the transaction is effected in consequence of the exercise on or after |
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that date of any option, right of pre-emption or similar right, or |
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(c) | on or after that date there is an assignment (or assignation), subsale |
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or other transaction relating to the whole or part of the subject- |
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matter of the contract as a result of which a person other than the |
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purchaser under the contract becomes entitled to call for a |
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Page 138, line 23, at end insert— |
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“(2A) | The grounds on which an appeal under subsection (1) may be made |
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(a) | that Condition A, B or D in section 197 was not met in relation to the |
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(b) | that the judicial ruling specified in the notice is not one which is |
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relevant to the chosen arrangements, |
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(c) | that the notice was not given within the period specified in |
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subsection (6) of that section, or |
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(d) | that it was reasonable in all the circumstances for P not to have |
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taken the necessary corrective action (see section 201(4)) in respect |
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of the denied advantage.” |
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Page 138, line 43, at end insert— |
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| “(8A) | The cancellation under subsection (7) of HMRC’s decision on the ground |
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| specified in subsection (2A)(d) does not affect the validity of the follower |
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| notice, or of any accelerated payment notice or partner payment notice |
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| under Chapter 3 related to the follower notice.” |
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Insert the following new Clause— |
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“Co-operative societies etc |
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Schedule (Taxation of co-operative societies etc) makes provision about the tax |
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treatment of co-operative, community benefit and industrial and provident |
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societies and credit unions.” |
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Page 199, leave out lines 23 to 29 |
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Insert the following new Schedule— |
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“Tax relief for theatrical production |
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1 | Before Part 16 of CTA 2009 insert— |
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(1) | This Part contains provision about tax relief for production |
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companies in respect of their theatrical productions. |
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(2) | Sections 1217FA to 1217FC define “production company” and |
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(3) | Section 1217G sets out the conditions a production company |
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must meet to qualify for relief in relation to its theatrical |
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(4) | Section 1217H provides for relief by way of additional |
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deductions in respect of certain expenditure (and section 1217J is |
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about the amount of the additional deduction). |
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(5) | This Part also contains provision— |
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