Scotland Bill (HL Bill 79)

(5) In paragraph 10 (tenants’ obligations etc that do not count as chargeable

consideration), in sub-paragraph (1)(a) omit “(in Scotland, the leased

premises)”.

(6) In paragraph 12A(1) (agreement for lease) omit “in England and Wales or

5Northern Ireland”.

(7) In paragraph 12B(1) (assignment of agreement for lease) omit “in England

and Wales or Northern Ireland”.

(8) In paragraph 13 (increase of rent treated as grant of new lease: variation of

lease in first five years), in sub-paragraph (2)(b) for “any of paragraphs (a) to

10(d)” substitute “paragraph (a) or (b)”.

(9) In paragraph 14 (increase of rent treated as grant of new lease: abnormal

increase after fifth year), in sub-paragraph (7)(b) omit “or 19(3)”.

(10) Omit paragraph 19 (provisions relating to leases in Scotland).

Finance Act 2004

28 15In section 298 of the Finance Act 2004 (stamp duty land tax: notification etc),

omit subsection (3).

Finance (No. 2) Act 2005

29 In section 47 of the Finance (No. 2) Act 2005 (e-conveyancing) omit—

(a) subsection (1);

(b) 20subsection (6)(b).

Finance Act 2006

30 In Schedule 25 to the Finance Act 2006 (amendments of Schedule 17A to

Finance Act 2003), omit paragraph 5.

Finance Act 2009

31 (1) 25Schedule 61 to the Finance Act 2009 (alternative finance investment bonds)

is amended as follows.

(2) Paragraph 1 (interpretation) is amended as follows.

(3) In sub-paragraph (1)—

(a) before the definition of “HMRC” insert—

• 30““effective date”, for a transaction relating to land in Scotland, is
  
  the date which would be the effective date (under section 119 of
  
  FA 2003) if Part 4 of FA 2003 applied to land in Scotland;”;

(b) omit the definition of “qualifying interest”.

(4) After sub-paragraph (1) insert—

“(1A) 35In this Schedule “qualifying interest”—

(a) in relation to land in England and Wales or Northern

Ireland, means a major interest in land (within the

meaning given by section 117 of FA 2003) except that it

does not include a lease for a term of years of 21 years or

40less;

(b) in relation to land in Scotland, means—

(i) the interest of an owner of land, or

(ii) the tenant’s right over or interest in a property

subject to a lease,

5except that it does not include a lease for a period of 21

years or less.”

(5) Paragraph 5 (conditions for operation of relief) is amended as follows.

(6) In sub-paragraph (6) (Condition D)—

(a) after “Condition D” insert “(which applies in the case of land in

10England and Wales or Northern Ireland)”;

(b) omit paragraph (b).

(7) In sub-paragraph (7) (charge or security for purposes of Condition D)—

(a) omit “or security”;

(b) in paragraph (a) omit “, or a security ranking first granted over,”.

(8) 15In paragraph 6(1)(a) (relief from stamp duty land tax) for “the United

Kingdom” substitute “England and Wales or Northern Ireland”.

(9) In paragraph 7 (withdrawal of relief in certain circumstances)—

(a) in sub-paragraph (1) after “This paragraph applies if” insert

“paragraph 6 applies but”;

(b) 20in sub-paragraph (2) after “This paragraph also applies if” insert

“paragraph 6 applies but”.

(10) In paragraph 9 (discharge of charge when conditions for relief met) omit “or

security”.

(11) In paragraph 11(2) (disapplication of CGT relief if charge not given) for “the

25United Kingdom” substitute “England and Wales or Northern Ireland”.

(12) In paragraph 12(1)(b) (CGT relief on second transaction) for “the United

Kingdom” substitute “England and Wales or Northern Ireland”.

(13) In paragraph 18(5) and (6) (discharge of charge if original land replaced)—

(a) for “the United Kingdom” substitute “England and Wales or

30Northern Ireland”;

(b) omit “or security”.

(14) In paragraph 19(1) (HMRC to notify Registrar of discharge)—

(a) omit “or security”;

(b) omit paragraph (b).

35Public Finance and Accountability (Scotland) Act 2000 (asp 1)2000 (asp 1)

32 In section 9(1) of the Public Finance and Accountability (Scotland) Act 2000

(Keeper of the Registers of Scotland: financial arrangements) omit “(other

than payments of stamp duty land tax)”.

Part 2 40Information regarding Scottish land transactions

33 In this Part of this Schedule—

Scotland BillPage 42

• “HMRC” means Her Majesty’s Revenue and Customs;

• “office-holder” means—

  (a)

  a member of the Scottish Government, and

  (b)

  the holder of an office in the Scottish Administration which is
  
  5not a ministerial office (within the meaning of section 126(8)
  
  of the 1998 Act);

• “relevant information” means information corresponding to any of the
  
  particulars which would be required under Schedule 2 to the Finance
  
  Act 1931, but for section 28(3)(c) of that Act;

• 10“Scottish transaction” means the acquisition of—

  (a)

  an estate, interest, right or power in or over land in Scotland,
  
  or

  (b)

  the benefit of an obligation, restriction or condition affecting
  
  the value of any such estate, interest, right or power.

34 (1) 15An office-holder must provide to HMRC such of the information falling

within sub-paragraph (2) as HMRC may require.

(2) Information falls within this sub-paragraph if it is relevant information

regarding Scottish transactions and is in the possession or under the control

of the office-holder.

(3) 20Information is to be provided under sub-paragraph (1) in such form as

HMRC may reasonably specify.

35 Information acquired by HMRC under paragraph 34 is to be treated, for the

purposes of the Commissioners for Revenue and Customs Act 2005, as

acquired in connection with a function of theirs.

Section 36

25SCHEDULE 5 Scottish tax on disposals to landfill: consequential amendments

1 The Finance Act 1996 is amended as follows.

2 Omit section 66(b) (landfill sites in Scotland).

3 Omit section 67(b) (operators of landfill sites in Scotland).

4 30In section 70 (interpretation)—

(a) in subsection (1) omit the definition of “the Scottish Environment

Protection Agency”;

(b) in subsection (2A) (definition of local authority) omit paragraph (f).