†
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2
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WAYS AND MEANS: Adjourned debate on Question (23 March).
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[Until 10.00 pm]
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(1)
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That it is expedient to amend the law with respect to the National Debt and the public revenue and to make further provision
in connection with finance.
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(2)
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This Resolution does not extend to the making of any amendment with respect to value added tax so as to provide—
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(a)
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for zero-rating or exempting a supply, acquisition or importation,
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(b)
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for refunding an amount of tax,
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(c)
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for any relief, other than a relief that—
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(i)
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so far as it is applicable to goods, applies to goods of every description, and
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(ii)
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so far as it is applicable to services, applies to services of every description.—(Mr Chancellor of the Exchequer).
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The remaining Motions, numbered 2 to 52, and those relating to Procedure (Future Taxation), Procedure (Data-gathering powers
in connection with certain foreign taxes), Procedure (Mutual assistance in recovery of taxes, duties etc.) and Finance (Money)
are to be moved at the conclusion of the Budget Debate after the decision on the Motion before the House. They will be decided
without debate (Standing Order No. 51(3)).
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2. Income tax (charge and main rates)
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(1)
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Income tax is charged for the tax year 2011-12.
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(a)
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the basic rate is 20%,
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(b)
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the higher rate is 40%, and
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(c)
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the additional rate is 50%.
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And it is declared that it is expedient in the public interest that this Resolution should have statutory effect under the
provisions of the Provisional Collection of Taxes Act 1968.
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3. Income tax (basic rate limit)
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(1)
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For the tax year 2011-12 the amount specified in section 10(5) of the Income Tax Act 2007 (basic rate limit) is replaced with
“£35,000”.
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(2)
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Accordingly section 21 of that Act (indexation of limits), so far as relating to the basic rate limit, does not apply for
that tax year.
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And it is declared that it is expedient in the public interest that this Resolution should have statutory effect under the
provisions of the Provisional Collection of Taxes Act 1968.
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4. Income tax (personal allowance for those aged under 65)
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(1)
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For the tax year 2011-12 the amount specified in section 35(1) of the Income Tax Act 2007 (personal allowance for those aged
under 65) is replaced with “£7,475”.
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(2)
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Accordingly section 57 of that Act (indexation of allowances), so far as relating to the amount specified in section 35(1)
of that Act, does not apply for that tax year.
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And it is declared that it is expedient in the public interest that this Resolution should have statutory effect under the
provisions of the Provisional Collection of Taxes Act 1968.
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5. Corporation tax (main rate for financial year 2011)
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(1)
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In section 2(2)(a) of the Finance Act 2010 (main corporation tax rate for financial year 2011 on profits other than ring fence
profits), for “27%” substitute “26%”.
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(2)
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The amendment made by this Resolution comes into force on 1 April 2011.
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And it is declared that it is expedient in the public interest that this Resolution should have statutory effect under the
provisions of the Provisional Collection of Taxes Act 1968.
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6. Corporation tax (charge and main rate for financial year 2012)
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(1)
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Corporation tax is charged for the financial year 2012.
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(2)
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For that year the rate of corporation tax is—
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(a)
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25% on profits of companies other than ring fence profits, and
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(b)
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30% on ring fence profits of companies.
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(3)
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In paragraph (2) “ring fence profits” has the same meaning as in Part 8 of the Corporation Tax Act 2010 (see section 276 of
that Act).
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7. Corporation tax (small profits rate and fractions for financial year 2011)
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(1)
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For the financial year 2011 the small profits rate is—
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(a)
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20% on profits of companies other than ring fence profits, and
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(b)
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19% on ring fence profits of companies.
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(2)
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For the purposes of Part 3 of the Corporation Tax Act 2010, for that year—
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(a)
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the standard fraction is 3/200ths, and
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(b)
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the ring fence fraction is 11/400ths.
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(3)
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In paragraph (1) “ring fence profits” has the same meaning as in Part 8 of that Act (see section 276 of that Act).
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8. Increase in rate of supplementary charge
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(1)
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In section 330 of the Corporation Tax Act 2010 (supplementary charge in respect of ring fence trades), in subsection (1),
for “20%” substitute “32%”.
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(2)
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The amendment made by paragraph (1) has effect in relation to accounting periods beginning on or after 24 March 2011 (but
see also paragraph (3)).
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(3)
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Paragraphs (4) to (9) apply where a company has an accounting period beginning before 24 March 2011 and ending on or after
that date (“the straddling period”).
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(4)
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For the purpose of calculating the amount of the supplementary charge on the company for the straddling period—
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(a)
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so much of that period as falls before 24 March 2011, and so much of that period as falls on or after that date, are treated
as separate accounting periods, and
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(b)
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the company’s adjusted ring fence profits for the straddling period are apportioned to the two separate accounting periods
in proportion to the number of days in those periods.
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(5)
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The amount of the supplementary charge on the company for the straddling period is the sum of the amounts of supplementary
charge that would, in accordance with paragraph (4), be chargeable on the company for those separate accounting periods.
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(6)
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In relation to the straddling period—
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(a)
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the Instalment Payments Regulations apply as if the amendment made by paragraph (1) had not been made, but
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(b)
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those Regulations also apply separately, in accordance with paragraph (7), in relation to the increase in the amount of any
supplementary charge on the company for that period that arises as a result of that amendment.
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(7)
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In the separate application of those Regulations under paragraph (6)(b), those Regulations have effect as if, for the purposes
of those Regulations—
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(a)
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the straddling period were an accounting period beginning on 24 March 2011,
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(b)
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supplementary charge were chargeable on the company for that period, and
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(c)
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the amount of that charge were equal to the increase in the amount of the supplementary charge for the straddling period that
arises as a result of the amendment made by paragraph (1).
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(8)
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Any reference in the Instalment Payment Regulations to the total liability of a company is, accordingly, to be read—
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(a)
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in their application as a result of paragraph (6)(a), as a reference to the amount that would be the company’s total liability
for the straddling period if the amendment made by paragraph (1) had not been made, and
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(b)
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in their application as a result of paragraph (6)(b), as a reference to the amount of the supplementary charge on the company
for the deemed accounting period under paragraph (7)(a).
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(9)
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For the purposes of the Instalment Payment Regulations—
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(a)
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a company is to be regarded as a large company as respects the deemed accounting period under paragraph (7)(a) if (and only
if) it is a large company for those purposes as respects the straddling period, and
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(b)
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any question whether a company is a large company as respects the straddling period is to be determined as it would have been
determined if the amendment made by paragraph (1) had not been made.
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“adjusted ring fence profits” has the same meaning as in section 330 of the Corporation Tax Act 2010;
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“the Instalment Payments Regulations” means the Corporation Tax (Instalment Payments) Regulations 1998 (S.I. 1998/3175);
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“supplementary charge” means any sum chargeable under section 330(1) of the Corporation Tax Act 2010 as if it were an amount
of corporation tax.
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And it is declared that it is expedient in the public interest that this Resolution should have statutory effect under the
provisions of the Provisional Collection of Taxes Act 1968.
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That provision (including provision having retrospective effect) may be made about capital allowances.
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10. Alcoholic liquor duties (rates)
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(1)
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The Alcoholic Liquor Duties Act 1979 is amended as follows.
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(2)
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In section 5 (rate of duty on spirits), for “£23.80” substitute “£25.52”.
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(3)
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In section 36(1AA)(a) (standard rate of duty on beer), for “£17.32” substitute “£18.57”.
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(4)
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In section 62(1A) (rates of duty on cider)—
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(a)
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in paragraph (a) (rate of duty per hectolitre in the case of sparkling cider of a strength exceeding 5.5 per cent), for “£217.83”
substitute “£233.55”,
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(b)
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in paragraph (b) (rate of duty per hectolitre in the case of cider of a strength exceeding 7.5 per cent which is not sparkling
cider), for “£50.22” substitute “£53.84”, and
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(c)
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in paragraph (c) (rate of duty per hectolitre in any other case), for “£33.46” substitute “£35.87”.
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(5)
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For the table in Schedule 1 substitute—
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“Table of rates of duty on wine and made-wine
Part 1
Wine or made-wine of a strength not exceeding 22 per cent
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Description of wine or made-wine
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Rates of duty per hectolitre £
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Wine or made-wine of a strength not exceeding 4 per cent
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74.32
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Wine or made-wine of a strength exceeding 4 per cent but not exceeding 5.5 per cent
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102.21
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Wine or made-wine of a strength exceeding 5.5 per cent but not exceeding 15 per cent and not being sparkling
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241.23
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Sparkling wine or sparkling made-wine of a strength exceeding 5.5 per cent but less than 8.5 per cent
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233.55
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Sparkling wine or sparkling made-wine of a strength of 8.5 per cent or of a strength exceeding 8.5 per cent but not exceeding
15 per cent
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308.99
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Wine or made-wine of a strength exceeding 15 per cent but not exceeding 22 per cent
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321.61
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Part 2
Wine or made-wine of a strength exceeding 22 per cent
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Description of wine or made-wine
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Rates of duty per litre of alcohol in wine or made-wine £
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Wine or made-wine of a strength exceeding 22 per cent
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25.52”.
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(6)
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The amendments made by this Resolution come into force on 28 March 2011.
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And it is declared that it is expedient in the public interest that this Resolution should have statutory effect under the
provisions of the Provisional Collection of Taxes Act 1968.
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11. High strength beer duty
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That provision may be made for and in connection with high strength beer duty.
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12. Tobacco products duty (rates)
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(1)
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For the table in Schedule 1 to the Tobacco Products Duty Act 1979 substitute—
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1. Cigarettes
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An amount equal to 16.5 per cent of the retail price plus £154.95 per thousand cigarettes
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2. Cigars
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£193.29 per kilogram
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3. Hand-rolling tobacco
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£151.90 per kilogram
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4. Other smoking tobacco and chewing tobacco
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£84.98 per kilogram”.
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(2)
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The amendment made by this Resolution comes into force at 6 pm on 23 March 2011.
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And it is declared that it is expedient in the public interest that this Resolution should have statutory effect under the
provisions of the Provisional Collection of Taxes Act 1968.
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13. Amusement machine licence duty (amounts of duty)
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(1)
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In section 23(2) of the Betting and Gaming Duties Act 1981 (amount of duty payable on amusement machine licence), for the
table substitute—
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Months for which licence granted
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Category A £
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Category B1 £
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Category B2 £
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Category B3 £
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Category B4 £
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Category C £
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1
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535
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270
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215
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215
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195
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85
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2
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1070
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535
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425
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425
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385
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160
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3
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1605
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805
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635
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635
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575
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240
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4
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2140
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1070
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845
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845
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765
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320
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5
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2675
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1340
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1055
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1055
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960
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400
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6
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3210
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1605
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1265
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1265
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1150
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480
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7
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3745
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1875
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1475
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1475
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1340
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555
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8
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4280
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2140
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1685
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1685
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1530
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635
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9
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4815
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2410
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1895
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1895
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1725
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715
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10
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5350
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2675
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2105
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2105
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1915
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795
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11
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5885
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2945
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2315
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2315
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2105
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875
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12
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6110
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3055
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2405
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2405
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2185
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905”.
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(2)
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The amendment made by this Resolution has effect in relation to cases where the application for the amusement machine licence
is received by the Commissioners for Her Majesty’s Revenue and Customs after 4 pm on 25 March 2011.
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And it is declared that it is expedient in the public interest that this Resolution should have statutory effect under the
provisions of the Provisional Collection of Taxes Act 1968.
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14. Fuel duty (rates from 23 March 2011)
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(1)
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The Hydrocarbon Oil Duties Act 1979 is amended as follows.
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(2)
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In section 6(1A) (main rates)—
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(a)
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in paragraph (a) (unleaded petrol), for “£0.5895” substitute “£0.5795”,
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(b)
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in paragraph (aa) (aviation gasoline), for “£0.3835” substitute “£0.3770”,
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(c)
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in paragraph (b) (light oil other than unleaded petrol or aviation gasoline), for “£0.6867” substitute “£0.6767”, and
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(d)
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in paragraph (c) (heavy oil) for “£0.5895” substitute “£0.5795”.
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(3)
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In section 8(3) (road fuel gas)—
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(a)
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in paragraph (a) (natural road fuel gas), for “£0.2615” substitute “£0.2470”, and
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(b)
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in paragraph (b) (other road fuel gas), for “£0.3304” substitute “£0.3161”.
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(4)
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In section 11(1) (rebate on heavy oil)—
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(a)
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in paragraph (a) (fuel oil), for “£0.1088” substitute “£0.1070”, and
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(b)
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in paragraph (b) (gas oil) for “£0.1133” substitute “£0.1114”.
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(5)
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In section 14(1) (rebate on light oil for use as furnace fuel), for “£0.1088” substitute “£0.1070”.
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(6)
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In section 14A(2) (rebate on certain biodiesel), for “£0.1133” substitute “£0.1114”.
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(7)
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The amendments made by this Resolution come into force at 6 pm on 23 March 2011.
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And it is declared that it is expedient in the public interest that this Resolution should have statutory effect under the
provisions of the Provisional Collection of Taxes Act 1968.
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15. Fuel duty (rates from January 2012)
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That provision may be made amending the rates of duty and rebates in the Hydrocarbon Oil Duties Act 1979 from 1 January 2012.
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16. Vehicle excise duty (rates for light passenger vehicles etc)
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(1)
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Schedule 1 to the Vehicle Excise and Registration Act 1994 (annual rates of duty) is amended as follows.
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(2)
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In paragraph 1 (general)—
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(a)
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in sub-paragraph (2) (vehicle not covered elsewhere in Schedule otherwise than with engine cylinder not exceeding 1,549cc),
for “£205” substitute “£215”, and
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(b)
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in sub-paragraph (2A) (vehicle not covered elsewhere in Schedule with engine cylinder capacity not exceeding 1,549cc), for
“£125” substitute “£130”.
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(3)
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In paragraph 1B (graduated rates of duty for light passenger vehicles)—
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(a)
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for the tables substitute—
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“Table 1
Rates payable on first vehicle licence for vehicle
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CO2 emissions figure
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Rate
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(1)
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(2)
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(3)
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(4)
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Exceeding
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Not exceeding
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Reduced rate
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Standard rate
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g/km
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g/km
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£
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£
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130
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140
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105
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115
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140
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150
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120
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130
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150
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165
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155
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165
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165
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175
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255
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265
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175
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185
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305
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315
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185
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200
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435
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445
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200
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225
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570
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580
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225
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255
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780
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790
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255
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-
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990
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1000
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Table 2
Rates payable on any other vehicle licence for vehicle
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CO2 emissions figure
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Rate
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(1)
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(2)
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(3)
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(4)
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Exceeding
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Not exceeding
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Reduced rate
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Standard rate
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g/km
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g/km
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£
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£
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100
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110
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10
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20
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110
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120
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20
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30
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120
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130
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85
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95
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130
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140
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105
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115
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140
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150
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120
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130
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150
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165
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155
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165
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165
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175
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180
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190
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175
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185
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200
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210
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185
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200
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235
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245
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200
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225
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250
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260
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225
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255
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435
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445
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255
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-
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450
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460”;
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(b)
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in the sentence immediately following the tables, for paragraphs (a) and (b) substitute—
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“(a)
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in column (3), in the last two rows, “250” were substituted for “435” and “450”, and
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(b)
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in column (4), in the last two rows, “260” were substituted for “445” and “460”.”
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(4)
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In paragraph 1J (VED rates for light goods vehicles)—
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(a)
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in paragraph (a), for “£200” substitute “£210”, and
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(b)
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in paragraph (b), for “£125” substitute “£130”.
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(5)
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In paragraph 2(1) (VED rates for motorcycles)—
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(a)
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in paragraph (a), for “£15” substitute “£16”,
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(b)
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in paragraph (b), for “£33” substitute “£35”,
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(c)
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in paragraph (c), for “£50” substitute “£53”, and
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(d)
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in paragraph (d), for “£70” substitute “£74”.
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(6)
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The amendments made by this Resolution have effect in relation to licences taken out on or after 1 April 2011.
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And it is declared that it is expedient in the public interest that this Resolution should have statutory effect under the
provisions of the Provisional Collection of Taxes Act 1968.
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17. Vehicle excise duty (certain goods vehicles without road-friendly suspension)
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(1)
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Part 8 of Schedule 1 to the Vehicle Excise and Registration Act 1994 (rates for goods vehicles) is amended as follows.
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(a)
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paragraph 9(1) (rigid vehicles exceeding 3,500 kilograms revenue weight in case of which pollution requirements are not satisfied),
and
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(b)
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paragraph 9A(2) (rigid vehicles exceeding that weight in case of which pollution requirements are satisfied),
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after “(3)” insert “and paragraph 11D”.
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(a)
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paragraph 11(1) (tractive units exceeding 3,500 kilograms revenue weight in case of which pollution requirements are not satisfied),
and
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(b)
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paragraph 11A(2) (tractive units exceeding that weight in case of which pollution requirements are satisfied),
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for “paragraph 11C” substitute “paragraphs 11C and 11D”.
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(4)
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In paragraph 11C(2) (tractive units between 41,000 and 44,000 kilograms revenue weight, with 3 or more axles and used for
conveyance of semi-trailers with 3 or more axles and usable on public road in accordance with law immediately before 21 March
2000), for “The” substitute “Subject to paragraph 11D, the”.
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(5)
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After paragraph 11C insert—
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“Certain vehicles without road-friendly suspension
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11D (1)
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This paragraph applies to goods vehicles which do not have road-friendly suspension.
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(2)
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A goods vehicle does not have road-friendly suspension if any driving axle of the vehicle has neither—
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(a)
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an air suspension (that is, a suspension system in which at least 75 per cent. of the spring effect is caused by an air spring),
nor
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(b)
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a suspension which is regarded as being equivalent to an air suspension for the purposes under Annex II of Council Directive
96/53/EC.
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(3)
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The annual rate of vehicle excise duty applicable to a rigid goods vehicle to which this paragraph applies and which has—
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(a)
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a revenue weight of 15,000 kilograms, and
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(4)
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The annual rate of vehicle excise duty applicable to a rigid goods vehicle to which this paragraph applies and which—
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(a)
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is a vehicle with respect to which the reduced pollution requirements are satisfied,
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(b)
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has a revenue weight of 21,000 kilograms, and
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(5)
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The annual rate of vehicle excise duty applicable to a rigid goods vehicle to which this paragraph applies and which—
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(a)
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is a vehicle with respect to which the reduced pollution requirements are satisfied,
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(b)
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has a revenue weight of not less than 23,000 kilograms but less than 26,000 kilograms, and
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(6)
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The annual rate of vehicle excise duty applicable to a rigid goods vehicle to which this paragraph applies and which—
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(a)
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is a vehicle with respect to which the reduced pollution requirements are satisfied,
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(b)
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has a revenue weight of 27,000 kilograms, and
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(c)
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has four or more axles,
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(7)
|
The annual rate of vehicle excise duty applicable to a tractive unit to which this paragraph applies and which has two axles
and either—
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(a)
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has a revenue weight of 25,000 kilograms, or
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(b)
|
is a vehicle with respect to which the reduced pollution requirements are satisfied and has a revenue weight exceeding 25,000
kilograms but less than 28,000 kilograms,
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(8)
|
The annual rate of vehicle excise duty applicable to a tractive unit to which this paragraph applies and which—
|
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(a)
|
has a revenue weight of 28,000 kilograms,
|
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(c)
|
is to draw semi-trailers with two or more axles,
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(9)
|
The annual rate of vehicle excise duty applicable to a tractive unit to which this paragraph applies and which—
|
|
(a)
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is a vehicle with respect to which the reduced pollution requirements are satisfied,
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(b)
|
has a revenue weight of 31,000 kilograms,
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(d)
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is to draw semi-trailers with two or more axles,
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(10)
|
The annual rate of vehicle excise duty applicable to a tractive unit to which this paragraph applies and which—
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|
(a)
|
is a vehicle with respect to which the reduced pollution requirements are satisfied,
|
|
(b)
|
has a revenue weight of 36,000 kilograms,
|
|
|
(d)
|
is to draw semi-trailers with two or more axles,
|
|
|
(11)
|
The annual rate of vehicle excise duty applicable to a vehicle to which paragraph 11C and this paragraph apply and which—
|
|
(a)
|
is a vehicle with respect to which the reduced pollution requirements are satisfied, and
|
|
(b)
|
has a revenue weight less than 44,000 kilograms,
|
|
|
(12)
|
This paragraph does not apply to a vehicle for which the annual rate of duty is determined under paragraph 9(2) or 11(2).”
|
|
(6)
|
The amendments made by this Resolution have effect in relation to licences taken out on or after 1 April 2011.
|
|
|
And it is declared that it is expedient in the public interest that this Resolution should have statutory effect under the
provisions of the Provisional Collection of Taxes Act 1968.
|
|
18. Climate change levy (rates)
|
|
|
That provision may be made about the rates of climate change levy.
|
|
19. Aggregates levy (rate)
|
|
|
(1)
|
Section 16 of the Finance Act 2010 (increase in rate of aggregates levy from 1 April 2011) is repealed.
|
|
(2)
|
Accordingly, the amendment made by section 20 of the Finance Act 2008 (increase in rate of aggregates levy from 1 April 2009)
continues to have effect in relation to aggregate subjected to commercial exploitation on or after 1 April 2011.
|
|
(3)
|
This Resolution comes into force on 31 March 2011.
|
|
|
And it is declared that it is expedient in the public interest that this Resolution should have statutory effect under the
provisions of the Provisional Collection of Taxes Act 1968.
|
|
20. Landfill tax (standard rate)
|
|
|
That provision may be made about the standard rate of landfill tax.
|
|
21. Employment income provided through third parties
|
|
|
That provision (including provision having retrospective effect) may be made about steps which are taken in pursuance of,
or which have some other connection with, arrangements concerned with the provision of rewards or recognition or loans in
connection with current, former or prospective employments.
|
|
22. Gifts and other disposals to charities and sports clubs
|
|
|
That provision may be made about gifts and other disposals to charities or community amateur sports clubs.
|
|
23. Amounts not fully recognised for accounting purposes
|
|
|
That provision (including provision having retrospective effect) may be made about cases where amounts are not fully recognised
for accounting purposes.
|
|
24. Loan relationships involving connected debtor and creditor
|
|
|
That provision (including provision having retrospective effect) may be made amending sections 418 and 419 of the Corporation
Tax Act 2009.
|
|
25. Group mismatch schemes
|
|
|
That provision may be made about group mismatch schemes.
|
|
|
|
That provision may be made amending, or making amendments connected with, the Taxation of Chargeable Gains Act 1992.
|
|
|
|
That provision may be made about companies that carry on businesses of leasing plant or machinery.
|
|
|
|
That provision may be made about investment companies.
|
|
29. Reduced childcare relief for higher earners
|
|
|
That provision may be made for and in connection with reducing the amount of relief available to higher earners in respect
of childcare vouchers or childcare provided by an employer.
|
|
30. Expenditure on research and development
|
|
|
That provision may be made about tax relief for expenditure on research and development.
|
|
31. Intangible fixed assets
|
|
|
That provision may be made amending Part 8 of the Corporation Tax Act 2009.
|
|
32. Foreign permanent establishments
|
|
|
That provision may be made about foreign permanent establishments of UK resident companies.
|
|
|
|
That provision may be made about investment trusts.
|
|
34. Furnished holiday lettings
|
|
|
That provision may be made about furnished holiday lettings.
|
|
35. Leases and changes to accounting standards
|
|
|
That provision (including provision having retrospective effect) may be made about cases where there is a change in accounting
standards in relation to leases.
|
|
36. Companies with small profits
|
|
|
That provision (including provision having retrospective effect) may be made amending Part 3 of the Corporation Tax Act 2010.
|
|
37. Insurance companies (apportionment)
|
|
|
That provision (including provision having retrospective effect) may be made about the apportionment of amounts under section
432C of the Income and Corporation Taxes Act 1988.
|
|
|
|
That provision may be made about the application of OECD principles in relation to transfer pricing.
|
|
|
|
That provision may be made in relation to pension schemes.
|
|
|
|
That provision (including provision having retrospective effect) may be made for and in connection with the bank levy.
|
|
41. Value added tax (business samples)
|
|
|
That provision may be made amending the Value Added Tax Act 1994 in relation to business samples.
|
|
42. Value added tax (splitting of supplies)
|
|
|
That provision may be made about supplies of goods within Group 3 of Schedule 8 to the Value Added Tax Act 1994.
|
|
43. Value added tax (Academies)
|
|
|
That provision may be made about refunds of value added tax to proprietors of Academies.
|
|
44. Value added tax (imported goods of low value)
|
|
|
That provision may be made restricting the relief from value added tax that is available in respect of imports of consignments
of goods not exceeding a certain value.
|
|
45. Climate change levy (production of electricity)
|
|
|
That provision may be made for and in connection with the charging of climate change levy on supplies of commodities to be
used in producing electricity.
|
|
46. Climate change levy (Northern Ireland gas supplies)
|
|
|
(1)
|
In Schedule 6 to the Finance Act 2000 (climate change levy), omit paragraph 11A (exemption for Northern Ireland gas supplies).
|
|
(2)
|
Paragraph (3) of this Resolution applies to a supply of gas if—
|
|
(a)
|
the supply is made by a gas utility (within the meaning of that Schedule (see paragraph 147)),
|
|
(b)
|
the person to whom the supply is made intends to cause the gas to be burned in Northern Ireland, and
|
|
(c)
|
the supply is treated as taking place on or after 1 April 2011 but before 1 November 2013.
|
|
(3)
|
Paragraph 42 of that Schedule (amount payable by way of levy) has effect as if—
|
|
(a)
|
for sub-paragraphs (1) and (1A) there were substituted—
|
|
|
“(1) The amount payable by way of levy on a taxable supply is—
|
|
|
(a) if the supply is treated as taking place before 1 April 2012, £0.00059 per kilowatt hour, and
|
|
|
(b) if the supply is treated as taking place on or after that date, £0.00062 per kilowatt hour.”, and
|
|
(b)
|
in sub-paragraph (3) the reference to a reduced-rate supply were a reference to a supply to which this paragraph applies.
|
|
(4)
|
In the Finance Act 2001, omit section 105(2) (which inserted paragraph 11A of that Schedule).
|
|
(5)
|
The amendments made by paragraphs (1) and (4) of this Resolution have effect in relation to a supply of gas to a person if
the gas is actually supplied to the person on or after 1 April 2011.
|
|
(6)
|
Paragraphs (2) and (3) of this Resolution come into force on 1 April 2011.
|
|
|
And it is declared that it is expedient in the public interest that this Resolution should have statutory effect under the
provisions of the Provisional Collection of Taxes Act 1968.
|
|
47. Climate change levy (supplies used in transport)
|
|
|
(1)
|
The Treasury may by order provide that paragraph 12 of Schedule 6 to the Finance Act 2000 (climate change levy: exemption
for supplies used in transport) does not apply in relation to any supply of a taxable commodity which—
|
|
(a)
|
is made on or after 1 April 2011, and
|
|
(b)
|
is of a description specified in the order.
|
|
(2)
|
Any revocation order made under this Resolution may provide for the revocation to have effect in relation to supplies made
on or after a day which is earlier than the day on which the revocation order is made.
|
|
(3)
|
In this Resolution a “revocation order” is an order revoking the whole or any part of an order containing the provision mentioned
in paragraph (1).
|
|
(4)
|
The power to make an order under this Resolution, other than a revocation order, may not be exercised after 31 March 2012.
|
|
(5)
|
The power to make an order under this Resolution is exercisable by statutory instrument.
|
|
(6)
|
A statutory instrument containing an order under this Resolution is subject to annulment in pursuance of a resolution of the
House of Commons.
|
|
(7)
|
Any reference in this Resolution to the time at which a supply of a taxable commodity is made is to be read as a reference
to the time at which the taxable commodity is actually supplied.
|
|
|
And it is declared that it is expedient in the public interest that this Resolution should have statutory effect under the
provisions of the Provisional Collection of Taxes Act 1968.
|
|
48. Climate change levy (supplies used in recycling processes)
|
|
|
(1)
|
The Treasury may by order provide that Schedule 6 to the Finance Act 2000 (climate change levy) is to have effect in relation
to any supply of a taxable commodity made on or after 1 April 2011 as if—
|
|
(a)
|
paragraph 18A (exemption: supply for use in recycling processes), and
|
|
(b)
|
any reference to that paragraph,
|
|
|
(2)
|
An order made under this Resolution may apply—
|
|
|
(b)
|
only in relation to supplies of a description specified in the order.
|
|
(3)
|
Any revocation order made under this Resolution may provide for the revocation to have effect in relation to supplies made
on or after a day which is earlier than the day on which the revocation order is made.
|
|
(4)
|
In this Resolution a “revocation order” is an order revoking the whole or any part of an order containing the provision mentioned
in paragraph (1).
|
|
(5)
|
The power to make an order under this Resolution, other than a revocation order, may not be exercised after 31 March 2012.
|
|
(6)
|
The power to make an order under this Resolution is exercisable by statutory instrument.
|
|
(7)
|
A statutory instrument containing an order under this Resolution is subject to annulment in pursuance of a resolution of the
House of Commons.
|
|
(8)
|
Any reference in this Resolution to the time at which a supply of a taxable commodity is made is to be read as a reference
to the time at which the taxable commodity is actually supplied.
|
|
|
And it is declared that it is expedient in the public interest that this Resolution should have statutory effect under the
provisions of the Provisional Collection of Taxes Act 1968.
|
|
49. Stamp duty land tax (prevention of avoidance)
|
|
|
(1)
|
Part 4 of the Finance Act 2003 (stamp duty land tax) is amended as follows.
|
|
(2)
|
In section 45 (contract and conveyance: effect of transfer of rights), in subsection (3), for the words from “subsection (3)”
to the end substitute “any of sections 71A to 73 (which relate to alternative property finance)”.
|
|
(3)
|
Omit sections 71A(8), 72(7), 72A(8) and 73(5)(a) (which contain definitions of “financial institution” for the purposes of
provisions relating to alternative property finance).
|
|
(4)
|
After section 73B insert—
|
|
“73BA Meaning of “financial institution”
|
(1)
|
In sections 71A to 73B “financial institution” has the meaning given by section 564B of the Income Tax Act 2007.
|
|
(2)
|
For this purpose section 564B(1) applies as if paragraph (d) were omitted.”
|
|
(5)
|
Paragraph 5 of Schedule 4 (chargeable consideration: exchanges) is amended in accordance with paragraphs (6) and (7) of this
Resolution.
|
|
(6)
|
In sub-paragraph (3)—
|
|
(a)
|
for paragraph (a)(i) and (ii) substitute—
|
|
“(i)
|
the amount determined under sub-paragraph (3A) in respect of the acquisition, or
|
|
(ii)
|
if greater, the amount which would be the chargeable consideration for the acquisition ignoring paragraph 5;”, and
|
|
(b)
|
for paragraph (b)(i) and (ii) substitute—
|
|
“(i)
|
the amount determined under sub-paragraph (3A) in respect of that acquisition, or
|
|
(ii)
|
if greater, the amount which would be the chargeable consideration for that acquisition ignoring paragraph 5;”.
|
|
(7)
|
After that sub-paragraph insert—
|
|
“(3A)
|
The amount mentioned in sub-paragraph (3)(a)(i) and (b)(i) is—
|
|
(a)
|
the market value of the subject-matter of the acquisition,and
|
|
(b)
|
if the acquisition is the grant of a lease at a rent, that rent.”
|
|
(8)
|
Subject to what follows, the amendments made by paragraphs (2) and (5) to (7) of this Resolution have effect in relation
to any transaction the effective date of which is on or after 24 March 2011.
|
|
(9)
|
The amendments do not have effect in relation to any transaction (other than a notional transaction under section 75A of the
Finance Act 2003)—
|
|
(a)
|
which is effected in pursuance of a contract entered into and substantially performed before 24 March 2011, or
|
|
(b)
|
which is effected in pursuance of a contract entered into before 24 March 2011 and which is not excluded by paragraph (11)
of this Resolution.
|
|
(10)
|
The amendments do not have effect in relation to any notional transaction under section 75A of the Finance Act 2003 if any
scheme transaction—
|
|
(a)
|
is completed before 24 March 2011,
|
|
(b)
|
is effected in pursuance of a contract entered into and substantially performed before 24 March 2011, or
|
|
(c)
|
is effected in pursuance of a contract entered into before 24 March 2011 and is not excluded by paragraph (11) of this Resolution.
|
|
(11)
|
A transaction effected in pursuance of a contract entered into before 24 March 2011 is excluded by this paragraph if—
|
|
(a)
|
there is any variation of the contract, or assignment of rights under the contract, on or after 24 March 2011,
|
|
(b)
|
the transaction is effected in consequence of the exercise on or after 24 March 2011 of any option, right of pre-emption or
similar right, or
|
|
(c)
|
on or after 24 March 2011, there is an assignment, sub-sale 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.
|
|
(12)
|
Terms used in paragraphs (8) to (11) of this Resolution have the same meaning as in Part 4 of the Finance Act 2003.
|
|
(13)
|
The amendments made by paragraphs (3) and (4) of this Resolution come into force on 24 March 2011.
|
|
(14)
|
But those amendments—
|
|
(a)
|
do not have effect for the purposes of any of sections 71A to 73B of the Finance Act 2003 (other than those provisions mentioned
in sub-paragraph (b) below) if the arrangements referred to in section 71A(1), 72(1), 72A(1) or 73(1) (as the case may be)
were entered into before 24 March 2011, and
|
|
(b)
|
do not have effect for the purposes of section 71A(2)(b), 72(2)(b), 72A(2)(b) or 73(2)(b) of that Act if the arrangements
referred to there were entered into before 24 March 2011.
|
|
|
And it is declared that it is expedient in the public interest that this Resolution should have statutory effect under the
provisions of the Provisional Collection of Taxes Act 1968.
|
|
50. Specified investments
|
|
|
That provision (including provision having retrospective effect) may be made about investments specified for the purposes
of section 22 of the Financial Services and Markets Act 2000.
|
|
51. National Savings Bank ordinary account interest
|
|
|
That provision may be made abolishing relief from income tax on interest on deposits in National Savings Bank ordinary accounts.
|
|
52. Relief from tax (incidental and consequential charges)
|
|
|
That it is expedient to authorise any incidental or consequential charges to any duty or tax (including charges having retrospective
effect) that may arise from provisions designed in general to afford relief from taxation.
|
|
|
PROCEDURE (FUTURE TAXATION): That, notwithstanding anything to the contrary in the practice of the House relating to the matters
that may be included in Finance Bills, any Finance Bill of the present Session may contain the following provisions taking
effect in a future year—
|
|
(a)
|
provision for corporation tax to be charged for the financial year 2012,
|
|
(b)
|
provision about indexation of the annual exempt amount,
|
|
(c)
|
provision about the rates of climate change levy,
|
|
(d)
|
provision about the standard rate of landfill tax,
|
|
(e)
|
provision about taxable benefits in respect of cars with a CO2 emissions figure,
|
|
(f)
|
provision about qualifying holiday accommodation,
|
|
(g)
|
provision about the lifetime allowance charge,
|
|
(h)
|
provision for and in connection with the charging of climate change levy on supplies of commodities to be used in producing
electricity, and
|
|
(i)
|
provision for and in connection with data-gathering powers.
|
|
|
PROCEDURE (DATA-GATHERING POWERS IN CONNECTION WITH CERTAIN FOREIGN TAXES): That, notwithstanding anything to the contrary
in the practice of the House relating to the matters that may be included in Finance Bills, any Finance Bill of the present
Session may make provision about obtaining data in connection with—
|
|
(a)
|
a tax of a member State, other than the United Kingdom, which is covered by the provisions for the exchange of information
under the Directive of the Council of the European Communities No. 77/799/EEC (as amended from time to time),
|
|
(b)
|
taxes and duties imposed under the law of a territory outside the United Kingdom and covered by arrangements having effect
by virtue of section 173 of the Finance Act 2006, and
|
|
(c)
|
value added tax charged in accordance with the law of a member State, other than the United Kingdom.
|
|
|
PROCEDURE (MUTUAL ASSISTANCE IN RECOVERY OF TAXES, DUTIES ETC): That, notwithstanding anything to the contrary in the practice
of the House relating to the matters that may be included in Finance Bills, any Finance Bill of the present Session may make
provision for giving effect to Council Directive 2010/24/EU and any amendments, extensions or replacements of that Directive.
|
|
|
FINANCE (MONEY): Queen’s Recommendation signified
.
|
|
|
That, for the purposes of any Act of the present Session relating to finance, it is expedient to authorise the payment out
of money provided by Parliament of sums incurred by the Commissioners for Her Majesty’s Revenue and Customs in preparing for
the introduction of a new duty chargeable in respect of games played on machines.
|
|
Debate may continue until 10.00 pm.
|
A Bill is to be brought in upon the foregoing Resolutions if they are agreed to by the House.
|
|
|
|
That the draft Social Security (Reduced Rates of Class 1 Contributions, Rebates and Minimum Contributions) Order 2011, which
was laid before this House on 3 February, be approved.
|
|
To be decided without debate (Standing Order No. 118(6)).
|
†
|
4
|
SOCIAL SECURITY
|
[No debate]
|
|
|
|
That the draft Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2011, which were laid before
this House on 3 February, be approved.
|
|
To be decided without debate (Standing Order No. 118(6)).
|
†
|
5
|
SOCIAL SECURITY
|
[No debate]
|
|
|
|
That the draft Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2011, which were laid
before this House on 3 February, be approved.
|
|
To be decided without debate (Standing Order No. 118(6)).
|
†
|
6
|
FAMILY PROCEEDINGS
|
[No debate]
|
|
|
|
That the draft Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2011, which was laid before
this House on 3 February, be approved.
|
|
To be decided without debate (Standing Order No. 118(6)).
|
†
|
7
|
FAMILY PROCEEDINGS
|
[No debate]
|
|
|
|
That the draft Family Procedure (Modification of Enactments) Order 2011, which was laid before this House on 28 February,
be approved.
|
|
To be decided without debate (Standing Order No. 118(6)).
|
†
|
8
|
COMMUNITY INFRASTRUCTURE LEVY
|
[No debate]
|
|
|
|
That the draft Community Infrastructure Levy (Amendment) Regulations 2011, which were laid before this House on 7 February,
be approved.
|
|
To be decided without debate (Standing Order No. 118(6)).
|
†
|
9
|
LOCAL GOVERNMENT
|
[No debate]
|
|
|
|
That the draft Code of Recommended Practice on Local Authority Publicity, which was laid before this House on 11 February,
be approved.
|
|
The First Report from the Communities and Local Government Committee, HC 666, on the Proposed Code of Recommended Practice
on Local Authority Publicity, and the Government response, HC 834, are relevant.
|
To be decided without debate (Standing Order No. 118(6)).
|
†
|
10
|
ELECTRICITY
|
[No debate]
|
|
|
|
That the draft Renewables Obligation (Amendment) Order 2011, which was laid before this House on 9 February, be approved.
|
|
To be decided without debate (Standing Order No. 118(6)).
|
†
|
11
|
ELECTRICITY
|
[No debate]
|
|
|
|
That the draft Warm Home Discount Regulations 2011, which were laid before this House on 28 February, be approved.
|
|
To be decided without debate (Standing Order No. 118(6)).
|
†
|
12
|
BROADCASTING
|
[No debate]
|
|
|
|
That the draft Media Ownership (Radio and Cross-media) Order 2011, which was laid before this House on 14 February, be approved.
|
|
To be decided without debate (Standing Order No. 118(6)).
|
†
|
13
|
SOCIAL SECURITY
|
[No debate]
|
|
|
|
That the draft Guardian’s Allowance Up-Rating (Northern Ireland) Order 2011, which was laid before this House on 15 February,
be approved.
|
|
To be decided without debate (Standing Order No. 118(6)).
|
†
|
14
|
TAX CREDITS
|
[No debate]
|
|
|
|
That the draft Tax Credits Up-Rating Regulations 2011, which were laid before this House on 15 February, be approved.
|
|
To be decided without debate (Standing Order No. 118(6)).
|
†
|
15
|
SOCIAL SECURITY
|
[No debate]
|
|
|
|
That the draft Guardian’s Allowance Up-Rating Order 2011, which was laid before this House on 9 March, be approved.
|
|
To be decided without debate (Standing Order No. 118(6)).
|
†
|
16
|
EQUALITY
|
[No debate]
|
|
|
|
That the draft Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011, which were laid before this House
on 1 March, be approved.
|
|
To be decided without debate (Standing Order No. 118(6)).
|
†
|
17
|
EQUALITY
|
[No debate]
|
|
|
|
That the draft Equality Act 2010 (Public Authorities and Consequential and Supplementary Amendments) Order 2011, which was
laid before this House on 14 February, be approved.
|
|
To be decided without debate (Standing Order No. 118(6)).
|
†
|
18
|
IMMIGRATION
|
[No debate]
|
|
|
|
That the draft Immigration and Nationality (Fees) Regulations 2011, which were laid before this House on 10 March, be approved.
|
|
To be decided without debate (Standing Order No. 118(6)).
|
†
|
19
|
CORPORATION TAX
|
[No debate]
|
|
|
|
That the draft Enactment of Extra-Statutory Concessions Order 2011, which was laid before this House on 8 March, be approved.
|
|
To be decided without debate (Standing Order No. 118(6)).
|
†
|
20
|
INSURANCE PREMIUM TAX
|
[No debate]
|
|
|
|
That the Insurance Premium Tax (Discounted Insurance Premiums: Higher Rate) Order 2011 (S.I., 2011, No. 661), dated 7 March,
a copy of which was laid before this House on 8 March, be approved.
|
|
To be decided without debate (Standing Order No. 118(6)).
|
†
|
21
|
OFFSHORE ACTIVITIES
|
[No debate]
|
|
|
|
That this House takes note of European Union Document No. 14768/10, relating to a Commission Communication on Facing the challenge
of the safety of offshore oil and gas activities and Addendum 1; agrees that the UK has a proven, robust offshore environmental
and safety regime, and supports the Government’s intention to work closely with the Commission and EU Member States to ensure
that high standards of health and safety and high levels of protection for the environment are maintained across Europe in
respect of oil and gas operations.
|
|
To be decided without debate (Standing Order No. 119(11)).
|
†
|
22
|
SATELLITE NAVIGATION
|
[No debate]
|
|
|
|
That this House takes note of European Union Documents No. 14701/10, draft Decision on the detailed rules for access to the
public regulated service offered by the global navigation satellite system established under the Galileo programme, and No.
5530/11, Commission Report on the mid-term review of the European satellite radio navigation programmes; supports the Government’s
aim of securing practical, proportionate and enforceable legislation that balances the need for appropriate security controls
of manufacturers and users against favourable conditions in which a market for the PRS and associated equipment can grow;
and supports the Government’s aim of beginning Galileo services as early as possible, albeit reduced in scope if the programme
cannot be delivered within the allocated budget.
|
|
To be decided without debate (Standing Order No. 119(11)).
|
†
|
23
|
MILK AND MILK PRODUCTS
|
[No debate]
|
|
|
|
That this House takes note of European Union Document No.17582/10, Proposal for a Regulation of the European Parliament and
of the Council amending Regulation (EC) No. 1234/2007 as regards contractual relations in the milk and milk products sector;
notes the potential for the establishment of producer organisations in the dairy sector to enhance the bargaining power of
producers; and supports the Government’s view that greater clarity of existing competition law and what producers may do collectively
would better enable rebalancing of negotiating power in the sector rather than the Commission’s proposed exemption from competition
law and limits based upon national milk production.
|
|
To be decided without debate (Standing Order No. 119(11)).
|
†
|
24
|
RECOGNITION AND ENFORCEMENT OF JUDGMENTS
|
[No debate]
|
|
|
|
That this House takes note of European Union Document No. 18101/10 and Addenda 1 and 2, relating to a Draft Regulation of
the European Parliament and of the Council on jurisdiction and the recognition and enforcement of judgments in civil and commercial
matters; and endorses the Government’s decision about whether to exercise the UK opt-in under Protocol 21 to the Treaty on
the Functioning of the European Union.
|
|
To be decided without debate (Standing Order No. 119(11)).
|
†
|
25
|
SITTINGS OF THE HOUSE (5 APRIL)
|
[No debate after 10.00 pm]
|
|
|
|
That, on Tuesday 5 April, the House shall meet at 11.30 am and references to specific times in the Standing Orders of this
House shall apply as if that day were a Wednesday.
|
|
If opposed, this item cannot be taken after 10.00 pm.
|
†
|
26
|
BUSINESS OF THE HOUSE (5 APRIL)
|
[No debate after 10.00 pm]
|
|
|
|
That, at the sitting on Tuesday 5 April—
|
|
(a)
|
proceedings on the Motion in the name of the Prime Minister relating to humanitarian relief may continue, though opposed,
for three hours, and shall then lapse if not previously disposed of; and
|
|
(b)
|
notwithstanding the provisions of Standing Order No. 14 (Arrangement of public business), the backbench business determined
by the Backbench Business Committee may be entered upon at any hour, may then be proceeded with, though opposed, for three
hours, and shall then lapse if not previously disposed of.
|
|
If opposed, this item cannot be taken after 10.00 pm.
|
†
|
27
|
NOTICES OF QUESTIONS
|
[No debate after 10.00 pm]
|
|
|
|
That, notwithstanding sub-paragraph (a) of the proviso to paragraph (5) of Standing Order No. 22 (Notices of questions, motions
and amendments), notices of questions to the Secretary of State for Scotland for oral answer on Wednesday 4 May may be given
on Tuesday 26 April.
|
|
If opposed, this item cannot be taken after 10.00 pm.
|
†
|
28
|
PRIVATE MEMBERS’ BILLS
|
[No debate after 10.00 pm]
|
|
|
|
That, notwithstanding the provisions of Standing Order No. 14(4), Private Members’ Bills shall have precedence over Government
business on 9 September 2011, 21 October 2011, 25 November 2011 and 20 January 2012.
|
|
As an Amendment to Sir George Young’s proposed Motion (Private Members’ Bills):
|
|
(a)
|
|
Line 3, leave out ‘25 November 2011’ and insert ‘28 October 2011, 18 November 2011, 25 November 2011, 2 December 2011, 9 December
2011’.
|
|
If opposed, this item cannot be taken after 10.00 pm.
|