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House of Commons
Session 2000-01
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House of Commons Votes and Proceedings
Tuesday 13th March 2001

The House met at half-past Two o'clock.

PRAYERS.

1    Kent County Council Bill [Lords],-The Order of the day being read for consideration of the Kent County Council Bill [Lords], as amended by the Chairman of Ways and Means;

    Ordered, That the Bill be considered on Thursday 22nd March at Four o'clock.

2    Medway Council Bill [Lords],-The Order of the day being read for consideration of the Medway Council Bill [Lords], as amended by the Chairman of Ways and Means;

    Ordered, That the Bill be considered on Thursday 22nd March at Four o'clock.

3    Deregulation Committee,-Mr Peter L. Pike reported from the Deregulation Committee the following Resolution:

    That, in respect of the proposal for the Deregulation (Disposals of Dwelling-Houses by Local Authorities) Order 2001, which was laid before this House on 31st January, the proposal should be amended before a draft Order is laid before the House.

4    Armed Forces Bill,-Rachel Squire reported from the Select Committee on the Armed Forces Bill, That it had gone through the Bill, and made Amendments thereunto.

    Ordered, That the Bill, as amended in the Select Committee, be recommitted to a Committee of the whole House; and be printed [Bill 62].

    Committee to-morrow.

5     First Standing Committee on Delegated Legislation,-Mr Peter L. Pike reported from the First Standing Committee on Delegated Legislation the draft Regulation of Investigatory Powers (British Broadcasting Corporation) Order 2001 and the draft Regulation of Investigatory Powers (Designation of Public Authorities for the Purposes of Intensive Surveillance) Order 2001.

    Minutes of Proceedings of the Committee to lie upon the Table.

6    Third Standing Committee on Delegated Legislation,-Mr David Amess reported from the Third Standing Committee on Delegated Legislation the draft Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 and the draft Social Security Commissioners (Procedure) (Amendment) Regulations 2001.

    Minutes of Proceedings of the Committee to lie upon the Table.

7    Fourth Standing Committee on Delegated Legislation,-Mr Edward O'Hara reported from the Fourth Standing Committee on Delegated Legislation the draft Offshore Combustion Installations (Prevention and Control of Pollution) Regulations 2001.

    Minutes of Proceedings of the Committee to lie upon the Table.

8    Fifth Standing Committee on Delegated Legislation,-Mr Bill O'Brien reported from the Fifth Standing Committee on Delegated Legislation the draft European Parliamentary Election (Franchise of Relevant Citizens of the Union) Regulations 2001.

    Minutes of Proceedings of the Committee to lie upon the Table.

9    Sixth Standing Committee on Delegated Legislation,-Mr Jim Cunningham reported from the Sixth Standing Committee on Delegated Legislation the draft Limited Liability Partnerships Regulations 2001 and the Limited Liability Partnerships (Fees) Regulations 2001.

    Minutes of Proceedings of the Committee to lie upon the Table.

10    Seventh Standing Committee on Delegated Legislation,-Mr John Cummings reported from the Seventh Standing Committee on Delegated Legislation the draft Pensions Appeal Tribunals (Additional Rights of Appeal) Regulations 2001 and the Pensions Appeal Tribunals (Late Appeals) Regulations 2001.

    Minutes of Proceedings of the Committee to lie upon the Table.

11    Crown Employment (Nationality) Bill,-Ordered, That the Explanatory Notes relating to the Crown Employment (Nationality) Bill be printed [Bill 29-EN].

12    Recycling (Doorstep Collection),-Ordered, That leave be given to bring in a Bill to make provision for the doorstep collection of recyclable waste from all residential properties in England and Wales; to set 20-year targets for increasing levels of recycling in accordance with European Union requirements; and for connected purposes: And that Mr Paul Marsden, Mr David Chaytor, Mr Lembit Öpik, Sir Sydney Chapman, Valerie Davey, Mr Don Foster, Dr Doug Naysmith, Mr Tom Brake, Joan Walley and Mr Simon Thomas do prepare and bring it in.

13    Recycling (Doorstep Collection) Bill,-Mr Paul Marsden accordingly presented a Bill to make provision for the doorstep collection of recyclable waste from all residential properties in England and Wales; to set 20-year targets for increasing levels of recycling in accordance with European Union requirements; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 6th April and to be printed [Bill 61].

14    Ways and Means,-Amendment of the Law,-The Order of the day being read, for resuming the adjourned Debate on the Question proposed [7th March],-

    (1) 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.

    (2) Subject to paragraphs (3) to (6) below, this Resolution does not extend to the making of any amendment with respect to value added tax so as to provide-

      (a) for zero-rating or exempting a supply, acquisition or importation;

      (b) for refunding an amount of tax;

      (c) for varying any rate at which that tax is at any time chargeable;

      (d) for any relief, other than a relief which-

      (i) so far as it is applicable to goods, applies to goods of every description, and

      (ii) so far as it is applicable to services, applies to services of every description.

    (3) Paragraph (2) above does not exclude the making of amendments with respect to value added tax-

      (a) providing for refunds of the kind specified in paragraph (4) below;

      (b) providing for that tax to be charged at a reduced rate of 5 per cent. on supplies of the descriptions specified in paragraph (5) below (and on equivalent acquisitions and importations); or

      (c) making provision of the kind authorised by paragraph (6) below.

    (4) The refunds mentioned in paragraph (3)(a) above are refunds of value added tax where-

      (a) that tax is chargeable on a supply to, or an acquisition or importation by, a museum or gallery, and

      (b) the supply, acquisition or importation is attributable to supplies of free rights of admission to the museum or gallery.

    (5) The supplies mentioned in paragraph (3)(b) above are-

      (a) supplies, in the course of a conversion of a building (or part of a building), of services related to the conversion if after the conversion the building (or part) contains living accommodation;

      (b) supplies, in the course of the renovation or alteration (including the extension) of a dwelling that has been unoccupied for at least three years, of services related to the renovation or alteration;

      (c) supplies of goods by a person making a supply of services within sub-paragraph (a) or (b) above if-

      (i) those services include the incorporation of the goods into the building concerned (or its site), and

      (ii) the goods are building materials within the meaning of Group 5 of Schedule 8 to the Value Added Tax Act 1994;

      (d) supplies of children's car seats.

    (6) The provision authorised by this paragraph is provision re-enacting, without altering any person's liability to value added tax or the amount of any such liability, provisions providing for that tax to be charged at a reduced rate of 5 per cent. on certain supplies, acquisitions and importations;

    And the Question being again proposed:-The House resumed the adjourned Debate.

    And the Question being put:-It was agreed to.

    The Speaker then, pursuant to paragraph (3) of Standing Order No. 51 (Ways and Means motions), put forthwith the Questions necessary to dispose of the further Motions, which were made by the Chancellor of the Exchequer.

2. Hydrocarbon oil (rates of duty)

    Resolved, That-

    (1) In section 6 (1A) of the Hydrocarbon Oil Duties Act 1979-

      (a) in paragraph (a), for "£0.4782" there shall be substituted "£0.4582"; and

      (b) in paragraph (c), for "£0.4882" there shall be substituted "£0.4582".

    (2) That subsection shall have effect until midnight on 14th June 2001 as if for paragraph (b) there were substituted-

      "(ba) £0.5268 in the case of unleaded petrol other than ultra low sulphur petrol;

      (bb) £0.5468 in the case of light oil not within paragraph (a) or (ba) above;".

    After that, paragraph (b) shall have effect as it did before.

    (3) In section 8(3) of the Hydrocarbon Oil Duties Act 1979 for "£0.1500" there shall be substituted "£0.0900".

    (4) This Resolution shall have effect as from 6 o'clock in the evening of 7th March 2001.

    And it is hereby 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.

3. Hydrocarbon oil (rebate on unleaded petrol)

    Resolved, That-

    (1) For section 13A of the Hydrocarbon Oil Duties Act 1979 there shall be substituted-

      "Rebate on unleaded petrol.

      13A.-(1) On unleaded petrol, other than ultra low sulphur petrol, charged with the excise duty on hydrocarbon oil and delivered for home use there shall be allowed at the time of delivery a rebate of duty at the rate of £0.0586 a litre.

      (2) Rebate is not allowed under this section in a case where a rebate is allowed under section 14 below.".

    (2) In paragraph 1(1) of Schedule 2A to that Act-

      (a) for paragraphs (a) and (b) there shall be substituted-

      "(ab) adding lead to unleaded petrol in respect of which a rebate has been allowed under section 13A;"; and

      (b) in paragraph (c)-

      (i) for "paragraph (a)" there shall be substituted "paragraph (aa)", and

      (ii) for "paragraph (b)" there shall be substituted "paragraph (ab)".

    (3) For paragraph 2A of that Schedule there shall be substituted-

      "2A.-(1) A mixture which is unleaded petrol is produced in contravention of this paragraph if the mixture is produced by mixing-

      (a) petrol on which duty has been paid at the rate specified in section 6(1A)(a), and

      (b) petrol in respect of which a rebate has been allowed under section 13A,

      and the mixture produced is unleaded petrol that is not ultra low sulphur petrol.

      (2) This paragraph is subject to any direction given under paragraph 3.".

    (4) In paragraph 8 of that Schedule, for sub-paragraph (3A) there shall be substituted-

      "(3A) In the case of a mixture produced in contravention of paragraph 2A above, the rate is that produced by deducting from the rate in force under section 6(1A)(b) at the time the mixture is produced the rebate which at that time is in force under section 13A.".

    (5) This Resolution shall have effect as from 6 o'clock in the evening of 7th March 2001.

    And it is hereby 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.

4. Tobacco products (rates of duty)

    Resolved, That-

    (1) For the Table of rates of duty in Schedule 1 to the Tobacco Products Duty Act 1979 there shall be substituted-

"TABLE

1. CigarettesAn amount equal to 22 per cent. of the retail price plus £92.25 per thousand cigarettes.
2. Cigars£134.69 per kilogram.
3. Hand-rolling tobacco £96.81 per kilogram.
4. Other smoking tobacco and chewing tobacco £59.21 per kilogram.".

    (2) This Resolution shall have effect as from 6 o'clock in the evening of 7th March 2001.

    And it is hereby 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.

5. Dilution etc. of cider

    Resolved, That provision may be made authorising regulations under section 62(5) of the Alcoholic Liquor Duties Act 1979 to make provision about adding substances to, mixing, or carrying out other operations on or in relation to, cider.

6. General betting duty

    Resolved, That provision may be made about general betting duty.

7. Vehicle excise duty (general rate)

    Resolved, That-

    (1) In paragraph 1 of Schedule 1 to the Vehicle Excise and Registration Act 1994, in sub-paragraphs (2) and (2A) for "1,200 cubic centimetres" there shall be substituted "1,549 cubic centimetres".

    This amendment shall apply to licences issued on or after 1st July 2001.

    (2) Refunds shall be made by the Secretary of State, in accordance with the following provisions of this Resolution, in respect of licences-

      (a) issued in the period beginning with 1st November 2000 and ending with 30th June 2001, and

      (b) not surrendered before the end of that period,

    where the amount of vehicle excise duty chargeable on the licence would have been less if the amendment in paragraph (1) of this Resolution had applied.

    (3) The amount of the refund shall be-

      (a) £55 for a 12 month licence, and

      (b) £27.50 for a 6 month licence.

    (4) The person entitled to the refund shall be-

      (a) in the case of a licence in force on 30th June 2001, the keeper of the vehicle on that date;

      (b) in the case of a licence that has ceased to be in force before that date, the keeper of the vehicle when the licence expired.

    (5) For the purposes of paragraph (4) of this Resolution the keeper of the vehicle shall be taken to be-

      (a) the person registered as keeper of the vehicle on the date in question, or

      (b) if the Secretary of State has received notification of a change of ownership of the vehicle as a result of which another person is on that date entitled to be registered as the new keeper of the vehicle, that person.

    (6) A refund shall only be made if an application is made for it in such form, and containing such particulars and supported by such documents, as the Secretary of State may require.

    (7) The Secretary of State shall give notice in writing to any person appearing to him to be entitled to a refund-

      (a) informing him that he appears to be entitled to a refund,

      (b) enclosing an application form, and

      (c) specifying the particulars and supporting documents to be provided.

    (8) An application for, or the making of, a refund under this Resolution in respect of a licence shall not affect the validity of the licence.

    (9) For the purposes of section 19 of the Vehicle Excise and Registration Act 1994 as it applies to the surrender on or after 1st July 2001 of a licence in respect of which a refund under this Resolution has been made, or applied for, the annual rate of duty chargeable on the licence shall be taken to be that which would have been chargeable if the amendment in paragraph (1) of this Resolution had applied.

    (10) Section 45 of that Act shall apply to a declaration in connection with an application for a refund under this Resolution as it applies to a declaration in connection with an application for a vehicle licence.

    (11) In the application of this Resolution to Northern Ireland, references to registration as the keeper of a vehicle shall be read as references to registration as the owner of the vehicle.

    (12) This Resolution comes into force on 1st July 2001.

    And it is hereby 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.

8. Vehicle excise duty (goods vehicles)

    Resolved, That provision may be made increasing rates of duty set out in Part VIII of Schedule 1 to the Vehicle Excise and Registration Act 1994.

9. Vehicle excise duty (mobile pumping vehicles)

    Resolved, That provision may be made for mobile pumping vehicles to be special vehicles to which Part IV of Schedule 1 to the Vehicle Excise and Registration Act 1994 applies and for old mobile pumping vehicles not to be exempt vehicles for the purposes of that Act.

10. Vehicle excise duty (exemption of agricultural vehicles etc.)

    Resolved, That-

    (1) The vehicles that are exempt vehicles for the purposes of the Vehicle Excise and Registration Act 1994 ("the 1994 Act") shall include-

      (a) the vehicles that would, apart from this Resolution, be special concessionary vehicles for the purposes of Part IVA of Schedule 1 to the 1994 Act, and

      (b) motorcycles (within the meaning given by paragraph 2 of that Schedule) that are electrically propelled vehicles for the purposes of the 1994 Act.

    (2) Part IVA of that Schedule shall cease to have effect.

    (3) In Part II of that Schedule, paragraph 2 shall be amended as follows-

      (a) in sub-paragraph (1)(a), omit "or the motorcyle is an electrically propelled vehicle", and

      (b) in sub-paragraph (3), in the definition of "motorcyle", after "motortricycle" insert "but does not include an electrically propelled vehicle".

    (4) The provisions of paragraphs (1) to (3) above apply to licences issued on or after 1st April 2001.

    (5) Paragraph (6) below applies where a licence-

      (a) is issued before 1st April 2001 for a relevant vehicle, and

      (b) is in force on 1st April 2001 or comes into force after 1st April 2001.

    (6) The licence shall, during the period-

      (a) beginning with the later of 1st April 2001 and the day when it comes into force, and

      (b) ending with the expiry of the period for which it is issued,

    be deemed to be a nil licence for the purposes of the 1994 Act.

    (7) A refund shall be made by the Secretary of State, in accordance with the following provisions of this Resolution, in respect of a licence for a relevant vehicle that-

      (a) is issued before 1st March 2001, in force on 1st March 2001 and not surrendered before 1st April 2001,

      (b) is issued before 1st March 2001, comes into force after 1st March 2001 and is not surrendered before 1st April 2001, or

      (c) is issued in March 2001 and not surrendered before 1st April 2001.

    (8) The amount of the refund is one-twelfth of the annual rate of duty chargeable on the licence for-

      (a) in the case of a licence issued before 1st March 2001, each whole month after February 2001 that forms part of the period for which the licence was issued, and

      (b) in the case of a licence issued on or after 1st March 2001, each whole month of the period for which the licence is issued.

    (9) The person entitled to the refund is the person registered as the keeper of the relevant vehicle on 30th April 2001.

    (10) The provisions of sections 10(2) and 19 of the 1994 Act do not apply to a licence in respect of which a person is entitled to a refund under this Resolution.

    (11) In the application of this Resolution to Northern Ireland, references to registration as the keeper of a vehicle shall be read as references to registration as the owner of the vehicle.

    (12) In paragraphs (5) to (9) above "relevant vehicle" means a vehicle of the description mentioned in sub-paragraph (a) or (b) of paragraph (1) above.

    (13) This Resolution comes into force on 1st April 2001.

    And it is hereby 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.

11. Aggregates levy

    The Question being put, That provision may be made for charging a levy, to be known as aggregates levy, on aggregate subjected to commercial exploitation in the United Kingdom;

    The House divided.

      Tellers for the Ayes, Mr David Jamieson, Mr Clive Betts: 353.

      Tellers for the Noes, Mr James Gray, Mr Keith Simpson: 160.

    So the Question was agreed to.

12. Income tax (charge and rates for 2001-02)

    The Question being put, That income tax shall be charged for the year 2001-02, and for that year-

      (a) the starting rate shall be 10 per cent.;

      (b) the basic rate shall be 22 per cent.; and

      (c) the higher rate shall be 40 per cent.

    And it is hereby 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.

    The House divided.

      Tellers for the Ayes, Mr David Jamieson, Mr Clive Betts: 326.

      Tellers for the Noes, Mr Andrew Stunell, Mr Adrian Sanders: 41.

    So the Question was agreed to.

13. Income tax (starting rate limit for 2001-02)

    Resolved, That-

    (1) For the year 2001-02 the amount specified in section 1(2)(aa) of the Income and Corporation Taxes Act 1988 shall be £1,880.

    (2) Accordingly, section 1(4) of that Act, so far as it relates to the amount so specified, shall not apply for that year.

    (3) Nothing in this Resolution shall require any change to be made in the amounts deductible or repayable under section 203 of that Act before 18th May 2001.

    And it is hereby 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.

14. Children's tax credit

    Resolved, That-

    (1) In section 257AA(2) of the Income and Corporation Taxes Act 1988 for "£4,420" there shall be substituted "£5,200".

    (2) This Resolution has effect for the year 2001-02.

    (3) Nothing in this Resolution shall require any change to be made in the amounts deductible or repayable under section 203 of the Income and Corporation Taxes Act 1988 before 18th May 2001.

    And it is hereby 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.

15. Corporation tax (charge and rate for 2002)

    Resolved, That, for the financial year 2002, corporation tax shall be charged at the rate of 30 per cent.

16. Corporation tax (small companies' rate for 2001)

    Resolved, That, for the financial year 2001-

      (a) the small companies' rate shall be 20 per cent., and

      (b) the fraction mentioned in section 13(2) of the Income and Corporation Taxes Act 1988 shall be one fortieth.

17. Corporation tax (starting rate for 2001)

    Resolved, That, for the financial year 2001-

      (a) the corporation tax starting rate shall be 10 per cent., and

      (b) the fraction mentioned in section 13AA(3) of the Income and Corporation Taxes Act 1988 shall be one fortieth.

18. Employee share ownership plans

    Resolved, That provision (including retrospective provision) may be made about employee share ownership plans.

19. Enterprise investment scheme

    Resolved, That provision may be made amending Chapter III of Part VII of the Income and Corporation Taxes Act 1988.

20. Loss relief on shares in trading companies

    Resolved, That provision may be made about the circumstances in which companies that are wound up are to be treated as qualifying trading companies for the purposes of sections 573 to 576 of the Income and Corporation Taxes Act 1988.

21. Corporate venturing scheme

    Resolved, That provision may be made amending Schedule 15 to the Finance Act 2000.

22. Capital allowances

    Resolved, That provision (including retrospective provision) may be made about capital allowances.

23. Repeal of certain reliefs

    Resolved, That provision may be made for the repeal of sections 534, 535, 537A and 538 of the Income and Corporation Taxes Act 1988.

24. Payments to employers out of pension funds

    Resolved, That provision may be made as to the amount recoverable under section 601(2) of the Income and Corporation Taxes Act 1988.

25. Deductions for deemed manufactured payments

    Resolved, That-

      (1) Section 736B of the Income and Corporation Taxes Act 1988 shall be amended as follows.

      (2) In subsection (2), after "shall apply" there shall be inserted ", subject to subsection (2A) below,".

      (3) After that subsection there shall be inserted-

      "(2A) The borrower is not entitled, by virtue of anything in Schedule 23A or any provision of regulations under that Schedule, or otherwise-

      (a) to any deduction in computing profits or gains for the purposes of income tax or corporation tax, or

      (b) to any deduction against total income or, as the case may be, total profits,

      in respect of any such deemed requirement or payment as is provided for by subsection (2) above.

      Where the borrower is a company, an amount may not be surrendered by way of group relief if a deduction in respect of it is prohibited by this subsection.".

    (4) This Resolution shall apply to payments treated under section 736B as made on or after 3rd October 2000.

26. Double taxation relief

    Resolved, That provision may be made amending Part XVIII of the Income and Corporation Taxes Act 1988.

27. Controlled foreign companies

    Resolved, That provision may be made amending Part I of Schedule 25 to the Income and Corporation Taxes Act 1988.

28. Life policies etc.

    Resolved, That provision may be made about gains arising in connection with policies of life assurance, contracts for life annuities and capital redemption policies.

29. Deduction of tax (payments between companies etc.)

    Resolved, That-

    (1) After section 349 of the Income and Corporation Taxes Act 1988 there shall be inserted-

      "Exceptions to section 349 for payments between companies etc.

      349A.-(1) The provisions specified in subsection (3) below (which require tax to be deducted on making certain payments) do not apply to a payment made by a company if, at the time the payment is made, the company reasonably believes that one of the conditions specified in section 349B is satisfied.

      (2) Subsection (1) above has effect subject to any directions under section 349C.

      (3) The provisions are-

      section 349(1) (certain annuities and other annual payments, and royalties and other sums paid for use of UK patents),

      section 349(2)(a) and (b) (UK interest),

      section 349(3A) (dividend or interest on securities issued by building societies), and

      section 524(3)(b) (which provides for section 349(1) to apply to proceeds of sale of UK patent rights).

      (4) References in subsection (3) above to any provision of section 349 do not include that provision as applied-

      (a) under section 777(9) (directions applying section 349(1) to certain payments to non-residents), or

      (b) by paragraph 4(2) of Schedule 23A (manufactured overseas dividends to be treated as annual payments within section 349).

      (5) References in this section to the company by which a payment is made do not include a company acting as trustee or agent for another person.

      (6) For the purposes of this section, a payment by a partnership is treated as made by a company if any member of the partnership is a company.

      The conditions mentioned in section 349A(1).

      349B.-(1) The first of the conditions mentioned in section 349A(1) is that the person beneficially entitled to the income in respect of which the payment is made is-

      (a) a company resident in the United Kingdom, or

      (b) a partnership each member of which is a company resident in the United Kingdom.

      (2) The second of those conditions is that-

      (a) the person beneficially entitled to the income in respect of which the payment is made is a company not resident in the United Kingdom ("the non-resident company"),

      (b) the non-resident company carries on a trade in the United Kingdom through a branch or agency, and

      (c) the payment falls to be brought into account in computing the chargeable profits (within the meaning given by section 11(2)) of the non-resident company.

      Directions disapplying section 349A(1).

      349C.-(1) The Board may give a direction to a company directing that section 349A(1) is not to apply in relation to any payment that-

      (a) is made by the company after the giving of the direction, and

      (b) is specified in the direction or is of a description so specified.

      (2) A direction under this section may be varied or revoked by a subsequent such direction.

      (3) In this section "company" includes a partnership of which any member is a company.

      Section 349A(1): consequences of reasonable but incorrect belief.

      349D.-(1) Where-

      (a) a payment is made by a company without an amount representing the income tax on the payment being deducted from the payment,

      (b) at the time the payment is made, the company reasonably believes that one of the conditions specified in section 349B is satisfied,

      (c) if the company did not so believe, tax would be deductible from the payment under section 349, and

      (d) neither of the conditions specified in section 349B is satisfied at the time the payment is made,

      section 350 applies as if the payment were within section 349 (and Schedule 16 applies as if tax were deductible from the payment under section 349).

      (2) In this section "company" includes a partnership of which any member is a company.".

    (2) In section 98 of the Taxes Management Act 1970, after subsection (4) there shall be inserted-

      "(4A) If-

      (a) a failure to comply with section 350(1) of, or Schedule 16 to, the principal Act arises from a person's failure to deliver an account, or show the amount, of a payment, and

      (b) the payment is within subsection (4B) below,

      subsection (1) above shall have effect as if for "£300" there were substituted "£3,000" and as if for "£60" there were substituted "£600".

      (4B) A payment is within this subsection if-

      (a) the payment is made by a company without an amount representing the income tax on the payment being deducted from the payment,

      (b) at the time the payment is made, the company-

      (i) does not believe that either of the conditions specified in section 349B of the principal Act is satisfied, or

      (ii) where it believes that either of those conditions is satisfied, could not reasonably so believe,

      (c) the payment is one from which tax is deductible under section 349 of the principal Act unless the company reasonably believes that one of those conditions is satisfied, and

      (d) neither of those conditions is satisfied at the time the payment is made.

      (4C) In subsection (4B) above "company" includes a partnership of which any member is a company.".

    (3) In section 338(4) of the Income and Corporation Taxes Act 1988, after paragraph (a) there shall be inserted-

      "(aa) the person beneficially entitled to the income in respect of which the payment is made is a company not resident in the United Kingdom ("the non-resident company"), the non-resident company carries on a trade in the United Kingdom through a branch or agency and the payment falls to be brought into account in computing the chargeable profits (within the meaning given by section 11(2)) of the non-resident company, or".

    (4) This Resolution applies to payments made on or after 1st April 2001.

    And it is hereby 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.

30. Deduction of tax (payments between group members)

    Resolved, That provision may be made for repealing sections 247 and 248 of the Income and Corporation Taxes Act 1988.

31. Provisional repayments

    Resolved, That provision may be made for section 438A of, and Schedule 19AB to, the Income and Corporation Taxes Act 1988 to cease to apply in relation to income tax borne by deduction.

32. Payments where return amended

    Resolved, That provision may be made about payments due as a result of the amendment of a return.

33. Stamp duty reserve tax (unit trust schemes)

    Resolved, That-

    (1) Schedule 19 to the Finance Act 1999 shall be amended as follows.

    (2) In paragraph 2(4), after "6" there shall be inserted ",6A".

    (3) In paragraph 4, at the end there shall be inserted-

      "(6) If a certificate is given in accordance with paragraph 6A(1)(c) in respect of a period which includes the relevant two-week period in the case of the unit in question in sub-paragraph (1), there shall be left out of account in applying this paragraph in relation to that unit-

      (a) any issue of a unit which is to be held within an individual pension account, and

      (b) any surrender of a unit which, immediately before the surrender, was held within an individual pension account.

      (7) "Individual pension account" has the same meaning in sub-paragraph (6) as it has in paragraph 6A.".

    (4) After paragraph 6 there shall be inserted-

"Exclusion of charge in case of individual pension accounts

      6A.-(1) There is no charge to tax under this Part of this Schedule on the surrender of the unit if-

      (a) immediately before the surrender, the unit is held within an individual pension account,

      (b) not all the units under the unit trust scheme are so held at that time, and

      (c) a certificate pursuant to sub-paragraph (2) is contained in, or provided with, the relevant monthly tax return.

      (2) The certificate must be given by the persons making the relevant monthly tax return and must state-

      (a) that at all times in the period to which the return relates the trustees or managers were able to identify which of the units under the scheme were held within individual pension accounts, and

      (b) that at no time in that period have the trustees or managers imposed any charge on, or recovered any amount from, an IPA unit holder which included an amount directly or indirectly attributable to tax payable by the trustees under this Part of this Schedule.

      (3) In sub-paragraph (2), "IPA unit holder" means-

      (a) a person acquiring, or who has acquired, a unit under the unit trust scheme, where the unit is to be held within an individual pension account,

      (b) a person holding a unit under the scheme, where the unit is held within an individual pension account, or

      (c) a person surrendering, or who has surrendered, a unit under the scheme, where immediately before the surrender the unit is or was held within an individual pension account.

      (4) In this paragraph-

      "individual pension account" has the same meaning as in regulations under section 638A of the Taxes Act 1988 (as at 6th April 2001, see regulation 4 of the Personal Pension Schemes (Restriction on Discretion to Approve) (Permitted Investments) Regulations 2001);

      "the relevant monthly tax return", in the case of any surrender, means the notice required by regulations under section 98 of the Finance Act 1986 to be given by the managers (or, failing that, the trustees) under the unit trust scheme to the Commissioners of Inland Revenue containing among other things details of all surrenders in the relevant two-week period;

      "the relevant two-week period" has the meaning given by paragraph 4(2).".

    (5) The amendment made by paragraph (3) of this Resolution shall have effect where the relevant two-week period mentioned in paragraph 4(1) of Schedule 19 to the Finance Act 1999 ends after 6th April 2001.

    (6) The other amendments made by this Resolution shall have effect in relation to surrenders made or effected on or after 6th April 2001.

    And it is hereby 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.

34. Stamp duty reserve tax (open-ended investment companies)

    Resolved, That-

    (1) Where there are two or more classes of shares in an open-ended investment company and the company's instrument of incorporation-

      (a) provides that shares of one or more of those classes ("the IPA classes") may only be held within an individual pension account, and

      (b) does not make such provision in relation to shares of at least one other class,

    there is no charge to stamp duty reserve tax under Part II of Schedule 19 to the Finance Act 1999 on the surrender of a share of any of the IPA classes.

    (2) References in this Resolution to provisions of Schedule 19 to the Finance Act 1999 are references to those provisions as they have effect in relation to open-ended investment companies by virtue of regulations from time to time in force under section 152 of the Finance Act 1995.

    (3) In this Resolution-

      "individual pension account" has the same meaning as it has in regulations from time to time in force under section 638A of the Income and Corporation Taxes Act 1988;

      "open-ended investment company" has the meaning given by paragraph 14(2) of Schedule 19 to the Finance Act 1999;

      "surrender", in relation to a share in an open-ended investment company, has the same meaning as it has in Part II of Schedule 19 to the Finance Act 1999.

    (4) This Resolution shall have effect in relation to surrenders made or effected on or after 6th April 2001.

    And it is hereby 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.

35. Petroleum revenue tax

    Resolved, That provision may be made for the purposes of petroleum revenue tax about-

      (a) the expenditure allowable under section 3 of the Oil Taxation Act 1975; and

      (b) the amounts allowable as unrelievable field losses.

36. Landfill tax (rate)

    The Question being put, That-

    (1) In section 42(1)(a) and (2) of the Finance Act 1996, for "£11" there shall be substituted "£12".

    (2) This Resolution has effect in relation to taxable disposals made, or treated as made, on or after 1st April 2001.

    And it is hereby 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.

    The House divided.

      Tellers for the Ayes, Mr David Jamieson, Mr Clive Betts: 359.

      Tellers for the Noes, Mr John Randall, Mr James Gray: 146.

    So the Question was agreed to.

37. Climate change levy

    Resolved, That-

    (1) In Schedule 6 to the Finance Act 2000, after paragraph 11 there shall be inserted-

"Exemption: supplies by Northern Ireland gas utilities

      11A. A supply of any gas is exempt from the levy if-

      (a) the supply is made by a gas utility, and

      (b) the person to whom the supply is made intends to cause the gas to be burned in Northern Ireland.".

    (2) In paragraph 14(2) of that Schedule, at the end there shall be inserted ", and

      (c) uses the electricity produced otherwise than in exemption-retaining ways.".

    (3) For paragraph 14(3)(c) of that Schedule, there shall be substituted-

      "(c) uses the electricity produced otherwise than in exemption-retaining ways.".

    (4) In paragraph 14 of that Schedule, after sub-paragraph (3) there shall be inserted-

      "(3A) For the purposes of this paragraph, electricity is used in an "exemption-retaining" way if it is used-

      (a) in making supplies that are excluded under paragraphs 8 to 10 or exempt under any of paragraphs 11, 12 and 18, or

      (b) in any of the ways mentioned in sub-paragraphs (i) to (iv) of paragraph 13(b).".

    (5) In paragraph 15 of that Schedule-

      (a) in sub-paragraph (1)(a), for "the commodity is to be used by that person" there shall be substituted "that person intends to cause the commodity to be used"; and

      (b) in sub-paragraph (2)(b), the words "by that person" shall be omitted.

    (6) This Resolution shall have effect in relation to supplies made on or after 1st April 2001.

    And it is hereby 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.

38. Relief from tax (incidental and consequential charges)

    Resolved, That it is expedient to authorise any incidental or consequential charges to any duty or tax (including charges having retrospective effect) which may arise from provisions designed in general to afford relief from taxation.

    Procedure (Remediation of Contaminated Land),- Resolved, 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 provision for allowing the making of payments in respect of the surrender of losses the amounts of which are determined by reference to expenditure incurred in connection with the remediation of contaminated land.

    Procedure (Trading Funds: Limits on Borrowing And Public Dividend Capital),-Resolved, 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 provision amending section 2C(3) and (4) of the Government Trading Funds Act 1973.

    Procedure (Future Taxation),-Resolved, 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 about children's tax credit;

      (b) provision for corporation tax to be charged for the financial year 2002;

      (c) provision about mileage allowances;

      (d) provision withdrawing capital allowances in respect of vehicles provided by employees and office-holders;

      (e) provision about works bus services;

      (f) provision amending section 48(2)(a) of the Finance (No.2) Act 1997;

      (g) provision as to the obligations of insurers to provide information in connection with policies of life assurance, contracts for life annuities and capital redemption policies; and

      (h) provision relating to Schedule 19AB to the Income and Corporation Taxes Act 1988 as applied in relation to provisional repayments to insurance companies and friendly societies in respect of tax credits.

    Finance [Money],-Her Majesty's Recommendation having been signified to the proposed Motion relating to Finance [Money];

    Resolved, That, for the purposes of any Act resulting from the Finance Bill, it is expedient to authorise-

      (a) the payment out of money provided by Parliament of sums payable by the Secretary of State by virtue of provisions of that Act relating to vehicle excise and registration;

      (b) the deduction of sums from the gross revenues of the department of the Commissioners of Inland Revenue for the purpose of making payments in respect of the surrender of losses the amounts of which are determined by reference to expenditure incurred in connection with the remediation of contaminated land; and

      (c) any increase in the sums-

      (i) payable out of the National Loans Fund or out of money provided by Parliament, or

      (ii) payable into the National Loans Fund or the Consolidated Fund,

    that is attributable to any provisions of that Act relating to limits on the borrowing and public dividend capital of trading funds.

    Ordered, That a Bill be brought in upon the foregoing Resolutions: And that the Chairman of Ways and Means, Mr Chancellor of the Exchequer, Mr Secretary Prescott, Mr Secretary Straw, Mr Secretary Blunkett, Mr Secretary Darling, Mr Secretary Byers, Mr Secretary Milburn, Mr Andrew Smith, Dawn Primarolo, Mr Stephen Timms and Miss Melanie Johnson do prepare and bring it in.

15    Finance Bill,-Mr Stephen Timms accordingly presented a Bill to grant certain duties, to alter other duties, and to amend the law relating to the National Debt and the Public Revenue, and to make further provision in connection with Finance: And the same was read the first time; and ordered to be read a second time to-morrow and ordered to be printed [Bill 63].

16    Business of the House,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 15 (Exempted business), That, at this day's sitting, the Business of the House Motion in the name of Margaret Beckett, and the Motions on Sittings in Westminster Hall and Delegated Legislation may be proceeded with, though opposed, until any hour-(Mr David Clelland):-It was agreed to.

17    Motions to sit in private,-Mr Andrew Dismore moved, That the House sit in private.

    The Deputy Speaker put the Question forthwith, pursuant to Standing Order No. 163 (Motions to sit in private).

    The House divided.

      Tellers for the Ayes, Mr Andrew Dismore, Mr Keith Darvill: 0.

      Tellers for the Noes, Mr Lawrie Quinn, Mr John McWilliam: 364.

    So the Question was negatived.

18    Prevention and Suppression of Terrorism,-A Motion was made, and the Question being proposed, That the draft Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2001, which was laid before this House on 28th February, be approved-(Mr Secretary Straw);

Wednesday 14th March 2001

    And the Question being put;

    And the Speaker's opinion as to the decision of the Question being challenged, the division was deferred till this day, pursuant to Order [7th November].

19    Science and Technology Committee,-Ordered, That Mrs Claire Curtis-Thomas be discharged from the Science and Technology Committee and Mr Tony McWalter be added to the Committee.-(Mr John McWilliam, on behalf of the Committee of Selection.)

20    Business of the House,-A Motion was made, and the Question being put, That-

    (1) at the sitting on 22nd March the Speaker shall put the Questions necessary to dispose of proceedings on any Motion in the name of Margaret Beckett relating to Election of a Speaker not later than Four o'clock, and such Questions shall include the Questions on any amendment selected by the Speaker which may then be moved; and

    (2) if proceedings on any such Motion have not been completed before Four o'clock, the Private Business set down by direction of the Chairman of Ways and Means for consideration at that hour may be proceeded with, though opposed, for three hours after it has been entered upon-(Mr Paddy Tipping);

    And the Deputy Speaker's opinion as to the decision of the Question being challenged, the division was deferred till this day, pursuant to Order [7th November].

21    High Hedges Bill [Money],-Her Majesty's Recommendation having been signified to the proposed Motion relating to High Hedges Bill [Money];

    Resolved, That, for the purposes of any Act resulting from the High Hedges Bill, it is expedient to authorise the payment out of money provided by Parliament of-

    (a) any expenses incurred by the Secretary of State in consequence of the Act; and

    (b) any increase attributable to the Act in the sums payable out of money so provided by virtue of any other Act.-(Mrs Anne McGuire.)

22    Sittings in Westminster Hall,-The Order of the day being read, for resuming the adjourned Debate on the Question proposed [23rd January], That, following the Order [20th November 2000], Mr Nicholas Winterton, Mr John McWilliam, Mr Barry Jones and Frank Cook be appointed to act as additional Deputy Speakers at sittings in Westminster Hall during this Session;

    And the Question being again proposed:-The House resumed the adjourned Debate.

    And the Question being put:-It was agreed to.

23    Delegated Legislation,-The Order of the day being read, for resuming the adjourned Debate on the Question proposed [28th February], That the Motions in the name of Mr Secretary Straw relating to the Electoral Commission shall be treated as if they related to instruments subject to the provisions of Standing Order No. 118 (Standing Committees on Delegated Legislation) in respect of which notice has been given that the instruments be approved;

    And the Question being again proposed:-The House resumed the adjourned Debate.

    And the Question being put:-It was agreed to.

24    Local Government Finance,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the Local Government Finance (England) Special Grant Report (No. 75) (House of Commons Paper No. 228), which was laid before this House on 8th February, be approved-(Mrs Anne McGuire):-It was agreed to.

25    Local Government Finance,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the Local Government Finance (England) Special Grant Report (No. 76) (House of Commons Paper No. 233), which was laid before this House on 15th February, be approved-(Mrs Anne McGuire):-It was agreed to.

26    Transport,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft British Waterways Board (Limit for Borrowing) Order 2001, which was laid before this House on 15th February, be approved-(Mrs Anne McGuire):-It was agreed to.

27    Education,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft School Standards and Framework Act 1998 (Amendment of Schedule 18) (England) Order 2001, which was laid before this House on 26th February, be approved-(Mrs Anne McGuire):-It was agreed to.

28    Animal by-products,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 119 (European Standing Committees), That this House takes note of European Union Documents Nos. 12648/00, a draft Council Regulation laying down the health rules concerning animal by-products not intended for human consumption, and 12646/00, a draft Council Directive amending Council Directives 90/425/EEC and 92/118/EEC as regards health requirements for animal by-products; and supports the Government's objective of achieving a revised Regulation to protect animal and public health whilst ensuring that controls are proportionate to the risk they are designed to address-(Mrs Anne McGuire);

    And the Deputy Speaker's opinion as to the decision of the Question being challenged, the division was deferred till this day, pursuant to Order [7th November].

29    Adjournment,-Resolved, That this House do now adjourn.-(Mrs Anne McGuire.)

    And accordingly the House, having continued to sit till twenty-six minutes to Two o'clock, adjourned till this day.

[Adjourned at 2.34 p.m.

Michael J. Martin
Speaker


Mr Speaker will take the Chair at half-past Two o'clock.


    APPENDIX I

Papers presented or laid upon the Table:

Papers subject to Affirmative Resolution:

    1    Local Government,-Draft Local Authorities (Conduct of Referendums) (England) Regulations 2001 [by Act] [Mr Secretary Prescott].

Papers subject to Negative Resolution:

    2    Criminal Law,-(1) Fixed Penalty (Procedure) (Amendment) Regulations 2001 (S.I., 2001, No. 926), and

    (2) Road Traffic (Owner Liability) (Amendment) Regulations 2001 (S.I., 2001, No. 925),

    dated 10th March 2001 [by Act] [Mr Secretary Straw].

    3    Government Trading Funds,-Buying Agency Trading Fund (Amendment) (Change of Name) Order 2001 (S.I., 2001, No. 922), dated 13th March 2001 [by Act] [Mr Chancellor of the Exchequer].

    4    Income Tax,-Personal Equity Plan (Amendment) Regulations 2001 (S.I., 2001, No. 923), dated 13th March 2001 [by Act] [Miss Melanie Johnson].

    5    Social Security,-Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001 (S.I., 2001, No. 769), dated 7th March 2001 [by Act] [Mr Secretary Darling].

Other Papers:

    6    Fraud (Northern Ireland),-Paper, entitled Combating Electoral Fraud in Northern Ireland [by Command] [Cm. 5080] [Mr Secretary Reid].

    APPENDIX II

Standing Committees

    1    International Development Bill,-The Speaker has appointed Mr Bill O'Brien an additional Chairman of Standing Committee B in respect of the Bill.

    2    Draft Regulation of Investigatory Powers (British Broadcasting Corporation) Order 2001, and the draft Regulation of Investigatory Powers (Designation of Public Authorities for the Purposes of Intrusive Surveillance) Order 2001,- The Committee of Selection has discharged Mr Hilton Dawson, Mr John Smith and Mr Paul Stinchcombe from the First Standing Committee on Delegated Legislation (nominated in respect of the draft Orders); and nominated in substitution Mr Andrew Love, Mr Paul Truswell and Mr Derek Twigg.

    3    Draft Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 and the draft Social Security Commissioners (Procedure) (Amendment) Regulations 2001,-The Committee of Selection has discharged Mrs Jackie Lawrence from the Third Standing Committee on Delegated Legislation (nominated in respect of the draft Regulations); and nominated in substitution Jane Griffiths.

    4    Draft Pensions Appeal Tribunals (Additional Rights of Appeal) Regulations 2001, and the draft Pensions Appeal Tribunals (Late Appeals) Regulations 2001,-The Committee of Selection has discharged Ms Dari Taylor from the Seventh Standing Committee on Delegated Legislation (nominated in respect of the draft Regulations); and nominated in substitution Mr Alan Simpson.

APPENDIX III

Reports from Select Committees

    1    Armed Forces Bill,-(1) Special Report from the Select Committee on the Armed Forces Bill, together with Appendices to the Minutes of Evidence taken before the Committee; to be printed, with the Minutes of Proceedings of the Committee [No. 154]; and

    (2) Memoranda laid before the Committee

    [Rachel Squire].

    2    Deregulation,-(1) Third Report from the Deregulation Committee [Proposal for the Deregulation (Disposals of Dwelling-Houses by Local Authorities) Order 2001]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 327]; and

    (2) First Special Report from the Committee [The Handling of Regulatory Reform Orders]; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 328]

    [Mr Peter L. Pike].

    3    Education and Employment,-(1) Fifth Report from the Education and Employment Committee [New Deal: An Evaluation], together with Appendices to the Minutes of Evidence taken before the Employment Sub-Committee of the Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 58][Mr Derek Foster];

    (2) Sixth Report from the Committee [Higher Education: Student Retention], together with Appendices to the Minutes of Evidence taken before the Education Sub-Committee of the Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 124]; and

    (3) Memoranda laid before the Education Sub-Committee of the Committee [Higher Education: Student Retention][Mr Barry Sheerman].

    4    Environment, Transport and Regional Affairs,-Minutes of Evidence taken before the Environment Sub-Committee of the Environment, Transport and Regional Affairs Committee [Local Authority Governance]; to printed [No. 225-ii][Mr Andrew F. Bennett].

    5    Statutory Instruments,-Tenth Report from the Joint Committee on Statutory Instruments, together with Memoranda laid before the Committee; to be printed [No. 46-x][Mr David Tredinnick].

    6    Trade and Industry,-Minutes of Evidence taken before the Trade and Industry Committee [Telecoms Masts]; to be printed [330-i and ii][Mr Martin O'Neill].

    7    Treasury,-Minutes of Evidence taken before the Treasury Committee [2001 Budget]; to printed [No. 326-i][Mr Giles Radice].

CORRIGENDUM

In the Votes and Proceedings for Monday 12th March, item 1 (1) (Eighth Report from the Committee of Public Accounts) should have House of Commons printing number 77.

[W.H., No. 29]

Minutes of Proceedings of the Sitting in Westminster Hall

[pursuant to the Order of 20th November 2000]

The sitting commenced at half-past Nine o'clock.

    Adjournment,-A Motion was made, and the Question being proposed, That the sitting be now adjourned-(Mr Gerry Sutcliffe);

    And it being Two o'clock, the sitting was adjourned without Question put, till to-morrow.

[Adjourned at 2 p.m.

Sir Alan Haselhurst

Deputy Speaker



 
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