The House met at half-past Eleven o'clock.
PRAYERS.
1 London Local Authorities Bill [Lords],-The London Local Authorities Bill [Lords] was read the third time and passed, with Amendments.
2 Second Standing Committee on Delegated Legislation,-Mr Jonathan Sayeed reported from the Second Standing Committee on Delegated Legislation the draft Employment Zones (Allocation to Contractors) Pilot Regulations 2004.
Minutes of Proceedings of the Committee to lie upon the Table.
3 Fourth Standing Committee on Delegated Legislation,-Mr Eric Forth reported from the Fourth Standing Committee on Delegated Legislation the draft National Minimum Wage Regulations 1999 (Amendment) Regulations 2004.
Minutes of Proceedings of the Committee to lie upon the Table.
4 Local Land Charges (Fees),-Ordered, That leave be given to bring in a Bill to make provision in relation to fees payable in connection with local land charges: And that Mr David Borrow, Mr Colin Pickthall, Mr Andrew Miller, Mr Lindsay Hoyle, Kali Mountford, Mr George Howarth, Mr Peter Pike, Mr Mark Hendrick and Ms Dari Taylor do prepare and bring it in.
5 Local Land Charges (Fees) Bill,-Mr David Borrow accordingly presented a Bill to make provision in relation to fees payable in connection with local land charges: And the same was read the first time; and ordered to be read a second time on Friday 23rd April and to be printed [Bill 78].
6 Ways and Means,-Amendment of the Law,-The Order of the day being read, for resuming the adjourned Debate on the Question proposed on 17th March, That-
(1) 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) 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 any relief, other than a relief that-
(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;
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 Mr Chancellor of the Exchequer.
2. Rates of tobacco products duty
(1) For the Table of rates of duty in Schedule 1 to the Tobacco Products Duty Act 1979 there shall be substituted-
Table
| An amount equal to 22 per cent of the retail price plus £99.80 per thousand cigarettes. |
| £145.35 per kilogram. |
| £104.47 per kilogram. |
4. Other smoking tobacco and chewing tobacco
| £63.90 per kilogram. |
(2) This Resolution shall have effect as from 6 o'clock in the evening of 17th March 2004.
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.
(1) In section 36(1AA)(a) of the Alcoholic Liquor Duties Act 1979, for "£12.22" there shall be substituted "£12.59".
(2) This Resolution shall have effect as from midnight on 21st March 2004.
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. Rates of duty on wine and made-wine
(1) For Part 1 of the Table of rates of duty in Schedule 1 to the Alcoholic Liquor Duties Act 1979 there shall be substituted-
PART 1WINE AND MADE-WINE OF A STRENGTH NOT EXCEEDING 22 PER CENT
Description of wine or made-wine
|
Rates of duty per hectolitre |
| £ |
Wine or made-wine of a strength not exceeding 4 per cent
| 50.38 |
Wine or made-wine of a strength exceeding 4 per cent but not exceeding 5.5 per cent
| 69.27 |
Wine or made-wine of a strength exceeding 5.5 per cent but not exceeding 15 per cent and not sparkling
| 163.47 |
Sparkling wine or sparkling made-wine of a strength exceeding 5.5 per cent but less than 8.5 per cent
| 166.70 |
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
| 220.54 |
Wine or made-wine of a strength exceeding 15 per cent but not exceeding 22 per cent
| 217.95 |
(2) This Resolution shall have effect as from midnight on 21st March 2004.
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. Alcoholic liquor duties (duty stamps)
The Question being put, That provision may be made about stamps to be purchased for, affixed to and carried by retail containers of certain alcoholic liquors;
Tellers for the Ayes, Mr Nick Ainger, Joan Ryan: 309.
Tellers for the Noes, Mr David Ruffley, Mr Geoffrey Clifton-Brown: 205.
So the Question was agreed to.
6. Hydrocarbon oil etc duties (rates)
The Question being put, That provision may be made amending rates of duty and rebate in the Hydrocarbon Oil Duties Act 1979;
Tellers for the Ayes, Mr Nick Ainger, Joan Ryan: 311.
Tellers for the Noes, Mr Geoffrey Clifton-Brown, Hugh Robertson: 205.
So the Question was agreed to.
7. Hydrocarbon oil etc duties (road fuel gas)
Resolved, That provision may be made amending the Hydrocarbon Oil Duties Act 1979 in respect of road fuel gas.
8. Hydrocarbon oil etc duties (fuel oil)
Resolved, That provision may be made enabling the amendment of the definition of "fuel oil" for the purposes of the Hydrocarbon Oil Duties Act 1979.
9. Hydrocarbon oil etc duties (mixing)
Resolved, That provision may be made imposing an excise duty on mixtures containing fully-rebated or partially-rebated hydrocarbon oil.
10. Hydrocarbon oil etc duties (bioethanol)
Resolved, That provision may be made-
(a) imposing an excise duty on bioethanol and mixtures containing bioethanol,
(b) for the application in relation to bioethanol of the provisions of the enactments relating to hydrocarbon oil or any description of hydrocarbon oil,
(c) for the modification in relation to bioethanol of the provisions of the enactments relating to hydrocarbon oil or any description of hydrocarbon oil, and
(d) defining bioethanol for those purposes and conferring power to amend the definition by order.
11. Hydrocarbon oil etc duties (sulphur-free petrol and diesel)
Resolved, That provision may be made amending the Hydrocarbon Oil Duties Act 1979 in respect of "sulphur-free petrol" and "sulphur-free diesel".
12. Hydrocarbon oil etc duties (biodiesel)
Resolved, That provision may be made amending the provisions of the Hydrocarbon Oil Duties Act 1979 in relation to biodiesel.
13. Hydrocarbon oil etc duties (fuel substitutes)
Resolved, That provision may be made amending section 6A of the Hydrocarbon Oil Duties Act 1979.
14. Hydrocarbon oil etc duties (warehousing)
Resolved, That provision may be made enabling the application of Part VIII of the Customs and Excise Management Act 1979 to certain substances.
15. Hydrocarbon oil etc duties (treatment of energy products)
Resolved, That provision may be made amending section 10 of the Finance Act 1993 so as to permit the treatment of certain energy products as hydrocarbon oil or road fuel gas.
16. Betting duties (treatment of pool bets etc)
Resolved, That provision may be made about the charging of duty under the Betting and Gaming Duties Act 1981 in respect of pool betting and certain other betting.
17. Amusement machine licence duty (rates)
(1) In section 23 of the Betting and Gaming Duties Act 1981 for the Table in subsection (2) there shall be substituted-
Table
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6) |
Period (in months) for which licence granted
|
Category A £
|
Category B £
|
Category C £
|
Category D £
|
Category E £ |
1
| 30
| 80
| 85
| 170
| 230 |
2
| 50
| 155
| 165
| 330
| 445 |
3
| 75
| 225
| 245
| 480
| 650 |
4
| 95
| 295
| 315
| 625
| 845 |
5
| 120
| 355
| 380
| 755
| 1,020 |
6
| 140
| 410
| 445
| 875
| 1,185 |
7
| 160
| 465
| 500
| 990
| 1,340 |
8
| 185
| 515
| 555
| 1,095
| 1,480 |
9
| 205
| 560
| 600
| 1,190
| 1,610 |
10
| 225
| 600
| 645
| 1,275
| 1,725 |
11
| 240
| 635
| 680
| 1,350
| 1,825 |
12
| 250
| 665
| 715
| 1,415
| 1,915 |
(2) This Resolution shall have effect in relation to any amusement machine licence for which an application is received by the Commissioners of Customs and Excise on or after 22nd March 2004.
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.
18. Value added tax (groups of companies)
The Question being put, That provision may be made about the grouping of companies for the purposes of value added tax;
Tellers for the Ayes, Mr Nick Ainger, Joan Ryan: 358.
Tellers for the Noes, Mr David Ruffley, Mr Geoffrey Clifton-Brown: 146.
So the Question was agreed to.
19. Value added tax (gas and electricity supplied by persons outside UK)
Resolved, That provision may be made for the purposes of value added tax about gas and electricity supplied by persons outside the United Kingdom.
20. Value added tax (private use of stock in trade cars by employees etc)
Resolved, That provision may be made for the purposes of value added tax in relation to a supply which is a supply of services by virtue of paragraph 5(4) of Schedule 4 to the Value Added Tax Act 1994 where-
(a) the goods in question consist of a motor car,
(b) the person making the supply is a motor dealer or motor manufacturer,
(c) the supply is for a consideration, and
(d) the value of the supply for the purposes of value added tax is less than its open market value.
21. Income tax (charge and rates for 2004-05)
Resolved, That income tax shall be charged for the year 2004-05, and for that year-
(a) the starting rate shall be 10%;
(b) the basic rate shall be 22%;
(c) the higher rate shall be 40%.
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.
22. Income tax (personal allowances for those aged 65 or more)
(1) For the year 2004-05-
(a) the amount specified in section 257(2) of the Income and Corporation Taxes Act 1988 shall be £6,830; and
(b) the amount specified in section 257(3) of that Act shall be £6,950.
(2) Accordingly, section 257C(1) of that Act, so far as it relates to the amounts so specified, shall not apply for that year.
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.
23. Corporation tax (charge and rate for 2005)
The Question being put, That corporation tax shall be charged for the financial year 2005 at the rate of 30%;
Tellers for the Ayes, Mr Nick Ainger, Joan Ryan: 342.
Tellers for the Noes, Mr Simon Thomas, Mr Michael Weir: 16.
So the Question was agreed to.
24. Corporation tax (small companies' rate for 2004)
Resolved, That for the financial year 2004-
(a) the small companies' rate shall be 19%, and
(b) the fraction mentioned in section 13(2) of the Income and Corporation Taxes Act 1988 shall be 11/400ths.
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.
25. Corporation tax (starting rate for 2004)
Resolved, That for the financial year 2004-
(a) the corporation tax starting rate shall be 0%, and
(b) the fraction mentioned in section 13AA of the Income and Corporation Taxes Act 1988 shall be 19/400ths.
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.
26. Corporation tax (non-corporate distribution rate)
The Question being put, That-
(a) provision may be made for a special rate of corporation tax (the "non-corporate distribution rate") where a company makes, or is treated as making, a distribution to a person other than a company, and
(b) the non-corporate distribution rate for the financial year 2004 shall be 19%;
Tellers for the Ayes, Gillian Merron, Mr Jim Murphy: 290.
Tellers for the Noes, Mr David Ruffley, Mr Geoffrey Clifton-Brown: 191.
So the Question was agreed to.
27. Special rates of tax applicable to trusts
Resolved, That in relation to the year 2004-05 and any subsequent year of assessment for which income tax is charged-
(a) the Schedule F trust rate shall be 32.5 per cent, and
(b) the rate applicable to trusts 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.
28. Sums paid to settlor otherwise than as income
Resolved, That provision may be made amending section 677 of the Income and Corporation Taxes Act 1988.
29. Provision not at arm's length
Resolved, That provision may be made amending Schedule 28AA to the Income and Corporation Taxes Act 1988.
30. Company distributions (payments of excessive interest etc)
Resolved, That provision may be made for the repeal of section 209(2)(da) of the Income and Corporation Taxes Act 1988.
31. Investment companies and companies with investment business
Resolved, That provision may be made for the purposes of corporation tax in relation to companies which are or have been-
(a) investment companies, as defined in section 130 of the Income and Corporation Taxes Act 1988, or
(b) companies whose business consists wholly or partly in the making of investments.
Resolved, That provision may be made about insurance companies and companies which have ceased to be insurance companies after a transfer of business.
33. Loan relationships etc
Resolved, That provision (including provision having retrospective effect) may be made for the purposes of corporation tax in relation to-
(a) loan relationships; and
(b) other relationships where a company stands, or is treated as standing, in the position of a creditor or debtor in relation to a debt.
Resolved, That provision (including provision having retrospective effect) may be made in relation to derivative contracts for the purposes of corporation tax.
Resolved, That provision may be made as to the meaning of generally accepted accounting practice and otherwise amending provisions of the Tax Acts that operate by reference to accounting practice.
36. Construction Industry Scheme
The Question being put, That provision may be made in relation to sub-contractors in the construction industry;
Tellers for the Ayes, Gillian Merron, Mr Jim Murphy: 341.
Tellers for the Noes, Mr Peter Atkinson, Mr Hugo Swire: 127.
So the Question was agreed to.
37. Employment income etc
Resolved, That provision (including provision having retrospective effect) may be made amending, or making amendments connected with, the Income Tax (Earnings and Pensions) Act 2003.
38. Income tax (property held jointly by spouses)
The Question being put, That provision may be made amending section 282A of the Income and Corporation Taxes Act 1988;
Tellers for the Ayes, Gillian Merron, Mr Jim Murphy: 334.
Tellers for the Noes, Mr David Ruffley, Mr Geoffrey Clifton-Brown: 130.
So the Question was agreed to.
39. Enterprise investment scheme
Resolved, That provision may be made amending Chapter 3 of Part 7 of the Income and Corporation Taxes Act 1988 and Schedule 5B to the Taxation of Chargeable Gains Act 1992.
40. Venture capital trusts
Resolved, That provision may be made amending Schedule 28B to the Income and Corporation Taxes Act 1988 and repealing section 151A(3) of, and Schedule 5C to, the Taxation of Chargeable Gains Act 1992.
41. Corporate venturing scheme
Resolved, That provision may be made amending Schedule 15 to the Finance Act 2000.
42. Chargeable gains (gifts relief etc)
The Question being put, That provision (including provision having retrospective effect) may be made-
(a) in relation to relief under section 165 or 260 of the Taxation of Chargeable Gains Act 1992, and
(b) as to the meaning of "arrangements" in section 79(5) of that Act;
Tellers for the Ayes, Gillian Merron, Mr Jim Murphy: 287.
Tellers for the Noes, Gregory Barker, Mr Mark Francois: 163.
So the Question was agreed to.
43. Chargeable gains (private residences)
Resolved, That provision (including provision having retrospective effect) may be made in relation to relief under section 223 of the Taxation of Chargeable Gains Act 1992.
44. Individuals benefited by film relief
Resolved, That provision (including provision having retrospective effect) may be made in relation to cases where relief is or has been claimed in respect of losses sustained in a trade whose profits or losses were computed in accordance with any of-
(a) sections 40A to 40C of the Finance (No. 2) Act 1992;
(b) sections 41 to 43 of that Act;
(c) section 48 of the Finance (No. 2) Act 1997.
45. Partnerships (income tax)
Resolved, That provision (including provision having retrospective effect) may be made for the purposes of income tax in relation to individuals who are or have been members of partnerships.
46. Partnerships (corporation tax)
Resolved, That provision may be made for the purposes of corporation tax in relation to companies which are or have been members of partnerships.
Resolved, That provision may be made for the purposes of income tax and corporation tax about arrangements for the sale and leaseback of assets or the lease and leaseback of assets.
48. Manufactured dividends
Resolved, That provision (including provision having retrospective effect) may be made in relation to cases where payments are or have been made, or treated as made, which are representative of dividends on shares of companies resident in the United Kingdom.
49. Strips of government securities
Resolved, That provision (including provision having retrospective effect) may be made in relation to strips, within the meaning of Schedule 13 to the Finance Act 1996.
Resolved, That provision (including provision having retrospective effect) may be made restricting the amount allowable as a deduction under section 549(1) of the Income and Corporation Taxes Act 1988.
Resolved, That provision (including provision having retrospective effect) may be made amending the provisions of the Income and Corporation Taxes Act 1988 relating to offshore funds.
52. Offshore installations
Resolved, That provision may be made amending provisions of the Tax Acts referring to offshore installations and oil rigs.
53. Immediate needs annuities
Resolved, That provision may be made in relation to contracts for life annuities (whenever entered into).
54. Corporation tax: Health Service bodies
Resolved, That provision may be made amending section 519A of the Income and Corporation Taxes Act 1988.
Resolved, That provision may be made in relation to pension schemes and similar schemes under which benefits are provided to or in respect of employees or former employees.
56. Petroleum revenue tax (allowable expenditure, receipts etc)
Resolved, That provision (including provision having retrospective effect) may be made-
(a) in relation to expenditure allowable under the Oil Taxation Act 1975 or the Oil Taxation Act 1983,
(b) in relation to disposal receipts, within the meaning of section 7 of the Oil Taxation Act 1983,
(c) amending section 98 of the Finance Act 1999.
57. Oil extraction activities (tax-exempt tariffing receipts)
Resolved, That provision (including provision having retrospective effect) may be made amending section 496 of the Income and Corporation Taxes Act 1988.
58. Petroleum revenue tax (allowable expenditure)
Resolved, That provision may be made amending paragraph 2 of Schedule 4 to the Oil Taxation Act 1975.
59. Petroleum revenue tax (terminal losses)
Resolved, That provision may be made in place of paragraph 15 of Schedule 17 to the Finance Act 1980.
60. Climate change levy (supplies to producers of commodities)
Resolved, That provision may be made for the purposes of climate change levy about supplies to producers of commodities.
61. Aggregates levy (transitional tax credit in Northern Ireland: existing scheme)
(1) In section 30A of the Finance Act 2001 after subsection (3) insert-
"(4) The Treasury may by order made by statutory instrument amend subsection (2) above so as to-
(a) change the period in relation to which the amount of a tax credit is to be reduced;
(b) change the amount by which a tax credit is to be reduced.
(5) An order under subsection (4) above shall not be made unless a draft of the order has been laid before Parliament and approved by a resolution of the House of Commons."
(2) This Resolution shall have effect on and after 1st April 2004.
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.
62. Aggregates levy (transitional tax credit in Northern Ireland: new scheme)
Resolved, That provision (including provision having retrospective effect) may be made about tax credits in respect of aggregates levy charged on aggregate subjected to commercial exploitation in Northern Ireland.
63. Stamp duty land tax and stamp duty
The Question being put, That provision may be made amending Parts 4 and 5 of the Finance Act 2003;
Tellers for the Ayes, Margaret Moran, Paul Clark: 322.
Tellers for the Noes, Mr Simon Thomas, Pete Wishart: 15.
So the Question was agreed to.
64. Stamp duty land tax (miscellaneous amendments)
(1) Part 4 of the Finance Act 2003 shall be amended in accordance with the following provisions of this Resolution.
(a) in paragraph (c) of subsection (3), after "interest" there shall be inserted "(other than a lease)";
(b) after that paragraph there shall be inserted-
"(d) the variation of a lease is an acquisition and disposal of a chargeable interest only where it takes effect, or is treated for the purposes of this Part, as the grant of a new lease.".
(3) After subsection (9) of section 44 there shall be inserted-
(a) paragraph 12A of Schedule 17A applies (agreement for lease), or
(b) paragraph 19(3) to (6) of Schedule 17A applies (missives of let in Scotland),
it applies in place of subsections (4), (8) and (9).".
(4) After that section there shall be inserted-
"44A Contract providing for conveyance to third party
(1) This section applies where a contract is entered into under which a chargeable interest is to be conveyed by one party to the contract (A) at the direction or request of the other (B)-
(a) to a person (C) who is not a party to the contract, or
(b) either to such a person or to B.
(2) B is not regarded as entering into a land transaction by reason of entering into the contract, but the following provisions have effect.
(3) If the contract is substantially performed B is treated for the purposes of this Part as acquiring a chargeable interest, and accordingly as entering into a land transaction.
The effective date of the transaction is when the contract is substantially performed.
(4) Where the contract is (to any extent) afterwards rescinded or annulled, or is for any other reason not carried into effect, the tax paid by virtue of subsection (3) shall (to that extent) be repaid by the Inland Revenue.
Repayment must be claimed by amendment of the land transaction return made in respect of the contract.
(5) Subject to subsection (6), section 44 (contract and conveyance) does not apply (except so far as it defines "substantial performance") in relation to the contract.
(a) this section applies by virtue of subsection (1)(b), and
(b) by reason of B's direction or request, A becomes obliged to convey a chargeable interest to B,
section 44 applies to that obligation as it applies to a contract for a land transaction that is to be completed by a conveyance.
(7) Section 44 applies in relation to any contract between B and C, in respect of the chargeable interest referred to in subsection (1) above, that is to be completed by a conveyance.
References to completion in that section, as it so applies, include references to conveyance by A to C of the subject matter of the contract between B and C.
(8) In this section "contract" includes any agreement and "conveyance" includes any instrument.".
(a) after paragraph (b) of subsection (1) there shall be inserted ", and
(c) paragraph 12B of Schedule 17A (assignment of agreement for lease) does not apply.";
(b) at the end of that subsection there shall be inserted ", and references to the transferor and the transferee shall be read accordingly.";
(c) for subsection (5) there shall be substituted-
"(5) Where a transfer of rights relates to part only of the subject-matter of the original contract ("the relevant part")-
(a) subsection (8)(b) of section 44 (restriction of charge to tax on subsequent conveyance) has effect as if the reference to the amount of tax chargeable on that contract were a reference to an appropriate proportion of that amount, and
(b) a reference in the second sentence of subsection (3) above to the original contract, or a reference in subsection (4) above to the secondary contract arising from an earlier transfer of rights, is to that contract so far as relating to the relevant part (and that contract so far as not relating to the relevant part shall be treated as a separate contract).";
(d) after that subsection there shall be inserted-
"(5A) In relation to a land transaction treated as taking place by virtue of subsection (3)-
(a) references in Schedule 7 (group relief) to the vendor shall be read as references to the vendor under the original contract;
(b) other references in this Part to the vendor shall be read, where the context permits, as referring to either the vendor under the original contract or the transferor.".
(6) After section 45 there shall be inserted-
"45A Contract providing for conveyance to third party: effect of transfer of rights
(1) This section applies where-
(a) a contract ("the original contract") is entered into under which a chargeable interest is to be conveyed by one party to the contract (A) at the direction or request of the other (B)-
(i) to a person (C) who is not a party to the contract, or
(ii) either to such a person or to B,
(b) there is an assignment or other transaction (relating to the whole or part of the subject-matter of the original contract) as a result of which a person (D) becomes entitled to exercise any of B's rights under the original contract in place of B.
References in the following provisions of this section to a transfer of rights are to any such assignment or other transaction.
(2) D is not regarded as entering into a land transaction by reason of the transfer of rights, but section 44A (contract providing for conveyance to third party) has effect in accordance with the following provisions of this section.
(3) That section applies as if-
(a) D had entered into a contract (a "secondary contract") in the same terms as the original contract except with D as a party instead of B, and
(b) the consideration due from D under the secondary contract were-
(i) so much of the consideration under the original contract as is referable to the subject-matter of the transfer of rights and is to be given (directly or indirectly) by D or a person connected with him, and
(ii) the consideration given for the transfer of rights.
(4) The substantial performance of the original contract shall be disregarded if-
(a) it occurs at the same time as, and in connection with, the substantial performance of the secondary contract, or
(b) it occurs after the transfer of rights.
(5) Where there are successive transfers of rights, subsection (3) has effect in relation to each of them.
(6) The substantial performance of the secondary contract arising from an earlier transfer of rights shall be disregarded if-
(a) it occurs at the same time as, and in connection with, the substantial performance of the secondary contract arising from a subsequent transfer of rights, or
(b) it occurs after that subsequent transfer.
(7) Where a transfer of rights relates to only part of the subject matter of the original contract, or to only some of the rights under that contract-
(a) a reference in subsection (3)(a) or (4) to the original contract, or a reference in subsection (6) to the secondary contract arising from an earlier transfer, is to that contract so far as relating to that part or those rights, and
(b) that contract so far as not relating to that part or those rights shall be treated as a separate contract.
(8) The effective date of a land transaction treated as entered into by virtue of subsection (3) is not earlier than the date of the transfer of rights.
(9) In relation to a such a transaction-
(a) references in Schedule 7 (group relief) to the vendor shall be read as references to A;
(b) other references in this Part to the vendor shall be read, where the context permits, as referring to either A or B.
(10) Section 839 of the Taxes Act 1988 (connected persons) applies for the purposes of subsection (3)(b).
(11) In this section "contract" includes any agreement.".
(7) After subsection (6) of section 48 there shall be inserted-
"(7) This section has effect subject to subsection (3) of section 44A (contract and conveyance to third party).".
(8) After subsection (4) of section 77 there shall be inserted-
"(5) A land transaction that a person is treated as entering into by virtue of subsection (3) of section 44A (contract and conveyance to third party) is notifiable.".
(a) for paragraph (b) of subsection (3) there shall be substituted-
"(aa) that the sale transaction is entered into wholly or partly in consideration of the leaseback transaction being entered into,
(b) that the only other consideration (if any) for the sale is the payment of money or the assumption, satisfaction or release of a debt (or both),";
(b) after paragraph (c) of that subsection there shall be inserted-
"(d) that the sale is not a transfer of rights within the meaning of section 45 (contract and conveyance: effect of transfer of rights) or 45A (contract providing for conveyance to third party: effect of transfer of rights), and
(e) where A and B are both bodies corporate at the effective date of the leaseback transaction, that they are not members of the same group for the purposes of group relief (see paragraph 1 of Schedule 7) at that date.";
(c) subsection (4) shall be omitted.
(10) In section 79(2), for the words from "other than" to the end of paragraph (b) there shall be substituted "other than a transaction treated as taking place-
(a) under subsection (4) of section 44 (contract and conveyance) or under that section as it applies by virtue of section 45 (contract and conveyance: effect of transfer of rights), or
(b) under subsection (3) of section 44A (contract providing for conveyance to third party) or under that section as it applies by virtue of section 45A (contract providing for conveyance to third party: effect of transfer of rights).".
(a) after the entry for section 44(4) there shall be inserted-
"section 44A(3) (contract providing for conveyance to third party),
section 45A(8) (contract providing for conveyance to third party: effect of transfer of rights),";
(b) at the end there shall be inserted-
"paragraph 12A(2) of Schedule 17A (agreement for lease followed by substantial performance),
paragraph 12B(3) of that Schedule (assignment of agreement for lease occurring after agreement substantially performed), and
paragraph 19(3) of that Schedule (missives of let in Scotland followed by substantial performance).".
(12) In section 122, in the entry for "vendor" there shall be inserted at the end "(see too sections 45(5A) and 45A(9))".
(a) after sub-paragraph (2) of paragraph 10 there shall be inserted-
"(2A) Where subsection (8) of section 44 (contract and conveyance) applies, so that there are two notifiable transactions (the first being the contract and the second being the transaction effected on completion), the condition in sub-paragraph (2)(a) is treated as met in relation to the second transaction if it is met in relation to the first.";
(b) after sub-paragraph (4) of paragraph 17 there shall be inserted-
"(4A) Sub-paragraphs (3) and (4) shall be disregarded for the purposes of determining whether the land transaction in question is notifiable.".
(14) After paragraph 1 of Schedule 5 there shall be inserted-
"Amounts payable in respect of periods before grant of lease
1A For the purposes of this Part "rent" does not include any chargeable consideration for the grant of a lease that is payable in respect of a period before the grant of the lease."
(15) After paragraph 7 of Schedule 17A there shall be inserted-
"First rent review in final quarter of fifth year
(a) a lease contains provision under which the rent may be adjusted,
(b) under that provision the first (or only) such adjustment-
(i) is to an amount that (before the adjustment) is uncertain, and
(ii) has effect from a date (the "review date") that is expressed as falling five years after a specified date,
(c) the specified date falls within the three months before the beginning of the term of the lease,
this Schedule has effect as if references to the first five years of the term of the lease were to the period beginning with the start of the term of the lease and ending with the review date.
References to the fifth year of the term of the lease shall be read accordingly.".
(16) In paragraph 9(1) of that Schedule, at the end of paragraph (b) there shall be inserted ", or
(c) a person claiming relief against re-entry or forfeiture as under-lessee in relation to the original sub-lease ("the old lease") is granted a lease ("the new lease") in pursuance of an order of a court.".
(17) After paragraph 12 of that Schedule there shall be inserted-
12A (1) This paragraph applies where in England and Wales or Northern Ireland-
(a) an agreement for a lease is entered into, and
(b) the agreement is substantially performed without having been completed.
(2) The agreement is treated as if it were the grant of a lease in accordance with the agreement ("the notional lease"), beginning with the date of substantial performance.
The effective date of the transaction is that date.
(3) Where a lease is subsequently granted in pursuance of the agreement-
(a) the notional lease is treated as if it were surrendered at that time, and
(b) the lease itself is treated for the purposes of paragraph 9 (rent for overlap period in case of grant of further lease) as if it were granted in consideration of that surrender.
(4) Where sub-paragraph (1) applies and the agreement is (to any extent) afterwards rescinded or annulled, or is for any other reason not carried into effect, the tax paid by virtue of that sub-paragraph shall (to that extent) be repaid by the Inland Revenue.
Repayment must be claimed by amendment of the land transaction return made in respect of the agreement.
(5) In this paragraph "substantially performed" and "completed" have the same meanings as in section 44 (contract and conveyance).
Assignment of agreement for lease
12B (1) This paragraph applies, in place of section 45 (contract and conveyance: effect of transfer of rights) where in England and Wales or Northern Ireland a person assigns his interest as lessee under an agreement for a lease.
(2) If the assignment occurs without the agreement having been substantially performed, section 44 (contract and conveyance) has effect as if-
(a) the contract were with the assignee and not the assignor, and
(b) the consideration given by the assignee for entering into the contract included any consideration given by him for the assignment.
(3) If the assignment occurs after the agreement has been substantially performed-
(a) the assignment is a separate land transaction, and
(b) the effective date of that transaction is the date of the assignment.
(4) Where there are successive assignments, this paragraph has effect in relation to each of them.".
(18) At the end of paragraph 16 of that Schedule there shall be inserted-
"Paragraph 5 (exchanges) of Schedule 4 (chargeable consideration) does not apply in such a case.".
(19) For paragraph 19(2) of that Schedule there shall be substituted-
"(2) Where in Scotland there is a lease constituted by concluded missives of let ("the first lease") and at some later time a lease is executed ("the second lease")-
(a) the first lease is treated as if it were surrendered at that time, and
(b) the second lease is treated for the purposes of paragraph 9 (rent for overlap period in case of grant of further lease) as if it were granted in consideration of that surrender.
(a) there are concluded missives of let that do not constitute a lease, and
(b) the agreement represented by the missives of let is substantially performed without a lease having been executed,
the missives of let are treated as if they did constitute a lease ("the notional lease").
The effective date of the transaction is when the agreement is substantially performed.
(4) Where sub-paragraph (3) applies and at some later time a lease is executed-
(a) the notional lease is treated as if it were surrendered at that time, and
(b) the lease itself is treated for the purposes of paragraph 9 as if it were granted in consideration of that surrender.
(5) References in sub-paragraphs (2) to (4) to the execution of a lease are to the execution of a lease that either-
(a) is in conformity with the missives of let, or
(b) relates to substantially the same property and period as the missives of let.
(6) Where subsection (3) applies and the agreement is (to any extent) afterwards rescinded or annulled, or is for any other reason not carried into effect, the tax paid by virtue of that sub-paragraph shall (to that extent) be repaid by the Inland Revenue.
Repayment must be claimed by amendment of the land transaction return made in respect of the agreement.".
(20) For paragraph 3(3)(c) of Schedule 19 there shall be substituted-
"(c) if on or after that date there is an assignment, subsale 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 to him.".
(21) Paragraphs (4), (7) and (8) of this Resolution, and paragraphs (10) and (11) so far as relating to the section 44A inserted by paragraph (4), shall apply in relation to any contract entered into after 17th March 2004.
(22) Paragraphs (5), (6) and (12) of this Resolution, and paragraphs (10) and (11) so far as relating to the section 45A inserted by paragraph (6), shall apply in relation to any transfer of rights occurring after that date.
(23) Subject to paragraph (24) of this Resolution, the amendments made by the other provisions of this Resolution shall apply in relation to any transaction of which the effective date is after 17th March 2004.
(24) Paragraph (20) of this Resolution shall not apply in relation to a contract that was substantially performed before 17th March 2004.
"effective date" and "substantially performed" have the same meaning as in Part 4 of the Finance Act 2003 (as amended by this Resolution);
"transfer of rights" has the same meaning as in section 45 of that Act or, as the case may require, section 45A of that Act (inserted by paragraph (6) of this Resolution).
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.
65. Stamp duty land tax (shared ownership leases)
(1) After paragraph 4 of Schedule 9 to the Finance Act 2003 there shall be inserted-
"Shared ownership lease: treatment of staircasing transaction
4A (1)This paragraph applies where under a shared ownership lease-
(a) the lessee or lessees have the right, on the payment of a sum, to require the terms of the lease to be altered so that the rent payable under it is reduced, and
(b) by exercising that right the lessee or lessees acquire an interest, additional to one already held, calculated by reference to the market value of the dwelling and expressed as a percentage of the dwelling or its value (a "share of the dwelling").
(2) Such an acquisition is exempt from charge if-
(a) an election was made for tax to be charged in accordance with paragraph 2 or, as the case may be, paragraph 4 and any tax chargeable in respect of the grant of the lease has been paid, or
(b) immediately after the acquisition the total share of the dwelling held by the lessee or lessees does not exceed 80%.
(3) In this paragraph "shared ownership lease" means a lease granted-
(a) by a qualifying body, or
(b) in pursuance of the preserved right to buy,
in relation to which the conditions in paragraph 2(2) or 4(2) are met.
(4) Section 118 (meaning of "market value") does not apply in relation to the references in this paragraph to the market value of the dwelling.".
(2) In sub-paragraph (1) of paragraph 5 of that Schedule, for "2 and 4" there shall be substituted "2, 4 and 4A".
(3) In Schedule 19 to that Act, for sub-paragraph (2) of paragraph 7 there shall be substituted-
"(2) In paragraph 3 of Schedule 9 (relief for transfer of reversion under shared ownership lease where election made for market value treatment) and paragraph 4A of that Schedule (shared ownership lease: treatment of staircasing transaction) as they apply in a case where the original lease was granted before the implementation date-
(a) a reference to a lease to which paragraph 2 of that Schedule applies shall be read as a reference to a lease to which section 97 of the Finance Act 1980 applied (which made provision for stamp duty corresponding to that paragraph), and
(b) a reference to an election having been made for tax to be charged in accordance with paragraph 2 or 4 of that Schedule shall be read as a reference to the lease having contained a statement of the parties' intention such as is mentioned in section 97(2)(d) of the Finance Act 1980 or, as the case may be, paragraph (d) of section 108(5) of the Finance Act 1981 (which made provision for stamp duty corresponding to paragraph 4).".
(4) The amendments made by paragraphs (1) and (2) of this Resolution shall apply in relation to an acquisition after 17th March 2004.
(5) Paragraph (3) of this Resolution shall be deemed to have come into force on 1st December 2003.
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.
66. Period within which certain claims may be made
Resolved, That provision (including provision having retrospective effect) may be made as to the period within which a claim may be made in respect of a mistake of law relating to a taxation matter under the care and management of the Commissioners of Inland Revenue.
67. Relief for shipbuilders (abolition)
Resolved, That provision (including provision having retrospective effect) may be made ending the availability of relief under section 2 of the Finance Act 1966.
68. 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) that may arise from provisions designed in general to afford relief from taxation.
Procedure (Amounts deducted from Payments to sub-contractors),-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 include provision authorising sums-
(a) deducted from payments to or for sub-contractors in the construction industry, and
(b) paid to the Commissioners of Inland Revenue,
to be treated as paid in respect of, or on account of, liabilities of the sub-contractor other than liabilities in respect of income tax or corporation tax.
Procedure (Savings Income),-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 implementing-
(a) Article 14 of Council Directive 2003/48/EC of 3rd June 2003 on taxation of savings income in the form of interest payments, or
(b) any corresponding provision of arrangements made in relation to a territory other than a member State.
Procedure (Minimum Contributions to Personal Pension Schemes),-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 make provision for the payment of sums out of the National Insurance Fund or the Northern Ireland National Insurance Fund in connection with provisions relating to the payment of minimum contributions under section 43 of the Pension Schemes Act 1993 or section 39 of the Pension Schemes (Northern Ireland) Act 1993.
Procedure (Mutual Assistance in Connection with Customs Union with Andorra),-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 include provision to give effect to arrangements concerning mutual assistance made for the purposes of the Customs Union between the European Community and the Principality of Andorra.
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 for corporation tax to be charged for the financial year 2005;
(b) provision about childcare or childcare vouchers provided for an employee;
(c) provision amending Parts 3 and 4 of the Income Tax (Earnings and Pensions) Act 2003 in relation to vans;
(d) provision about the enjoyment by an individual of property which is or represents property in which he previously owned an interest;
(e) provision about Lloyd's underwriters;
(f) provision in relation to pension schemes and similar schemes under which benefits are provided to or in respect of employees or former employees.
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 of the present Session relating to finance ("the Act"), it is expedient to authorise-
(a) the deduction of sums from the gross revenues of the department of the Commissioners of Inland Revenue for the purpose of paying amounts in the implementation of-
(i) Article 14 of Council Directive 2003/48/EC of 3rd June 2003 on taxation of savings income in the form of interest payments, or
(ii) any corresponding provision of arrangements made in relation to a territory other than a member State;
(b) the payment out of money provided by Parliament of any increase attributable to the Act in the sums paid out of the National Insurance Fund and the Northern Ireland National Insurance Fund under the Pension Schemes Act 1993 and the Pension Schemes (Northern Ireland) Act 1993;
(c) the payment out of money provided by Parliament of sums required by the Treasury and the Director of Savings to meet expenditure incurred with a view to securing-
(i) that the Treasury would be able to exercise their functions under sections 12 to 20A of (and Schedule 5A to) the National Loans Act 1968, and
(ii) that the Director of Savings would be able to exercise his functions,
if the United Kingdom were to adopt the single currency in accordance with the Treaty establishing the European Communities.
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 Blunkett, Mr Secretary Reid, Mr Secretary Smith, Ms Secretary Hewitt, Mr Secretary Clarke, Mr Paul Boateng, Dawn Primarolo, Ruth Kelly and John Healey do prepare and bring it in.
7 Finance Bill,-Dawn Primarolo 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 to be printed [Bill 79].
8 Animals,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the Mink Keeping (Prohibition) (England) Order 2004 (S.I., 2004, No. 100), dated 19th January 2004, a copy of which was laid before this House on 20th January, be approved-(Mr John Heppell):-It was agreed to.
9 Electricity,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Renewables Obligation (Amendment) Order 2004, which was laid before this House on 24th February, be approved-(Mr John Heppell):-It was agreed to.
10 Employment,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Paternity and Adoption Leave (Amendment) Regulations 2004, which were laid before this House on 9th February, be approved-(Mr John Heppell):-It was agreed to.
11 Social Security,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Statutory Paternity Pay and Statutory Adoption Pay (Weekly Rates) (Amendment) Regulations 2004, which were laid before this House on 9th February, be approved-(Mr John Heppell):-It was agreed to.
12 Social Security,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Social Security (Contributions) (Re-rating and National Insurance Funds Payments) Order 2004, which was laid before this House on 4th February, be approved-(Mr John Heppell):-It was agreed to.
13 Social Security,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Child Benefit and Guardian's Allowance Up-rating Order 2004, which was laid before this House on 23rd February, be approved-(Mr John Heppell):-It was agreed to.
14 Social Security (Northern Ireland),-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Child Benefit and Guardian's Allowance Up-rating (Northern Ireland) Order 2004, which was laid before this House on 23rd February, be approved-(Mr John Heppell):-It was agreed to.
15 Tax Credits,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Tax Credits Up-rating Regulations 2004, which were laid before this House on 23rd February, be approved -(Mr John Heppell):-It was agreed to.
16 Supreme Court of England and Wales,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Courts Boards Areas Order 2004, which was laid before this House on 26th February, be approved-(Mr John Heppell):-It was agreed to.
17 Supreme Court of England and Wales,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Courts Boards (Appointments and Procedure) Regulations 2004, which were laid before this House on 26th February, be approved-(Mr John Heppell):-It was agreed to.
18 Constitutional Law,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Primary Medical Services (Scotland) Act 2004 (Consequential Modifications) Order 2004, which was laid before this House on 25th February, be approved-(Mr John Heppell):-It was agreed to.
19 Constitutional Law,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Local Government in Scotland Act 2003 (Destination of Fixed Penalties in Scotland) Order 2004, which was laid before this House on 25th February, be approved-(Mr John Heppell):-It was agreed to.
20 Government Trading Funds,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Driver and Vehicle Licensing Agency Trading Fund Order 2004, which was laid before this House on 25th February, be approved-(Mr John Heppell):-It was agreed to.
21 Northern Ireland,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Agricultural Statistics (Northern Ireland) Order 2004, which was laid before this House on 12th February, be approved-(Mr John Heppell):-It was agreed to.
22 Fisheries: Catch Quotas and Effort Limitation 2004,-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 Document No. 15388/03, draft Regulation fixing for 2004 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required; and notes that the Government was successful in negotiating Total Allowance Catches which take full account of scientific advice while securing the best possible fishing opportunities for United Kingdom fishermen-(Mr John Heppell);
And the Deputy Speaker's opinion as to the decision of the Question being challenged, the Division was deferred till to-morrow, pursuant to Orders [28th June 2001 and 6th November 2003].
23 Adjournment (Easter),-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 25 (Periodic adjournments), That this House, at its rising on Thursday 1st April, do adjourn till Monday 19th April 2004-(Mr John Heppell):-It was agreed to.
24 Parliamentary Contributory Pension Fund,-Ordered, That Mr Eric Martlew, Ms Gisela Stuart and Dr Nick Palmer be discharged as Managing Trustees of the Parliamentary Contributory Pension Fund and Mr David Borrow, Mr Terry Rooney and Mr Andrew Love be appointed as Managing Trustees in pursuance of section 1 of the Parliamentary and other Pensions Act 1987.-(Mr John Heppell.)
25 Public Petitions,-A Public Petition from readers of the Star newspaper, High Wycombe, for a reduction in levels of Council Tax in Buckinghamshire was presented and read; and ordered to lie upon the Table and to be printed.
26 Adjournment,-A Motion was made, and the Question being proposed, That this House do now adjourn-(Margaret Moran);
And the Motion having been made after Seven o'clock, and the Debate having continued for half an hour, the Deputy Speaker adjourned the House without Question put, pursuant to the Standing Order, it being then a quarter to Ten o'clock, till to-morrow.
[Adjourned at 9.45 p.m.
Michael J. Martin
Speaker
Mr Speaker will take the Chair at half-past Eleven o'clock.
APPENDIX I
Papers presented or laid upon the Table:
Papers subject to Affirmative Resolution:
1 Licensing,-Draft Guidance to Police Officers on the Operation of Closure Powers in Part 8 of the Licensing Act 2003 [by Act] [Secretary Tessa Jowell].
Papers subject to Negative Resolution:
2 Animals,-Animals and Animal Products (Import and Export) Regulations 2004 (S.I., 2004, No. 853), dated 20th March 2004 [by Act] [Secretary Margaret Beckett].
3 National Health Service,-General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004 (S.I., 2004, No. 865), dated 22nd March 2004 [by Act] [Mr Secretary Reid].
APPENDIX II
Standing Committees
4 Pensions Bill,-The Committee of Selection has discharged Mr David Ruffley from Standing Committee B (in respect of the Bill); and nominated in substitution Virginia Bottomley.
5 Justice (Northern Ireland) Bill [Lords],-The Speaker has appointed Mr Alistair Carmichael, Mr Vernon Coaker, Mr Dominic Grieve, Mr Tom Harris, Huw Irranca-Davies, Mr John Spellar and Mr Hugo Swire members of the Programming Sub-Committee of Standing Committee D in respect of the Bill.
6 Draft Employment Zones (Allocation to Contractors) Pilot Regulations 2004,-The Committee of Selection has discharged Richard Burden and Llew Smith from the Second Standing Committee on Delegated Legislation (nominated in respect of the draft Regulations) and nominated in substitution Huw Irranca-Davies and Mark Tami.
7 The Speaker has appointed Mr Win Griffiths an additional Chairman of the Welsh Grand Committee in respect of its meeting on Wednesday 24th March.
APPENDIX III
Reports from Select Committees
8 Constitutional Affairs,-(1) Minutes of Evidence taken before the Constitutional Affairs Committee [Civil Legal Aid: adequacy of provision]; to be printed [No. 391-iii]; and
(2) Further memoranda laid before the Committee [Civil Legal aid: adequacy of provision]; to be printed [No. 391-II]
[Mr A.J.Beith].
9 Draft Disability Discrimination Bill,-Minutes of Evidence taken before the Joint Committee on the Draft Disability Discrimination Bill; to be printed [No. 352-xi] [Tom Levitt].
10 Environment, Food and Rural Affairs,-(1) Sixth Special Report from the Environment, Food and Rural Affairs Committee [The Food Standards Agency's Reply to the Eighteenth Report from the Environment, Food and Rural Affairs Committee, Session 2002-03, on the Conduct of the GM Public Debate]; to be printed [No. 483]; and
(2) Minutes of Evidence taken before the Committee [Gangmasters: follow up]; to be printed [No. 455-ii]
11 International Development,-(1) Third Special Report from the International Development Committee [Government Response to the Committee's Second Report, on Development Assistance and the Occupied Palestinian Territories]; to be printed, together with an Appendix [No. 487]; and
(2) Minutes of Evidence taken before the Committee [Migration and Development]; to be printed [No. 79-ix]
12 Statutory Instruments,-Thirteenth Report from the Joint Committee on Statutory Instruments, together with Memoranda laid before the Committee; to be printed [No. 82-xiii] [Mr David Tredinnick].
13 Treasury,-(1) Third Special Report from the Treasury Committee [Government Response to the Third Report from the Committee, on The 2003 Pre-Budget Report]; to be printed [No.478]; and
(2) Minutes of Evidence taken before the Committee [The 2004 Budget]; to be printed [No. 479-i and ii]
[W.H., No. 36]
Minutes of Proceedings of the Sitting in Westminster Hall
The sitting commenced at half-past Nine o'clock.
Adjournment,-Resolved, That the sitting be now adjourned.-(Derek Twigg.)
And accordingly the sitting was adjourned till to-morrow.
[Adjourned at 4.22 p.m.
Sir Alan Haselhurst
Deputy Speaker
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