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Relief from double stamp duties etc. |
148. - (1) Where an instrument which is chargeable with stamp duty in Great Britain and in Northern Ireland has been stamped in either of those parts of the United Kingdom- |
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(a) the instrument shall, to the extent of the duty it bears, be deemed to be stamped in the other part of the United Kingdom, but |
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(b) if the stamp duty chargeable on the instrument in that other part of the United Kingdom exceeds the stamp duty chargeable on the instrument in the part of the United Kingdom in which it has been stamped, the instrument shall not be deemed to have been duly stamped in that other part of the United Kingdom unless and until stamped in accordance with the law which has effect in that part of the United Kingdom with a stamp denoting an amount equal to the excess. |
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(2) An instrument which, by virtue of paragraph (b) of subsection (1) above, is not deemed to have been duly stamped in a part of the United Kingdom unless and until stamped with a stamp denoting an amount equal to the excess mentioned in that paragraph may, notwithstanding anything in section 15 of the Stamp Act 1891, be stamped with such a stamp without payment of any penalty at any time within 30 days after it has first been received in that part of the United Kingdom. |
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(3) In section 22 of the Stamp Duties Management Act 1891 (discontinuance of dies) for the words from "London" to "Gazettes" there shall be substituted "London, Edinburgh and Belfast Gazettes". |
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(4) Section 29 of the Government of Ireland Act 1920 (the provisions of which are either spent or re-enacted with modifications in subsection (1) above) shall cease to have effect. |
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(5) The saving in Part I of Schedule 6 to the Northern Ireland Constitution Act 1973 (repeals) for orders made under section 69 of the Government of Ireland Act 1920 shall cease to have effect in relation to Part IV of the Government of Ireland (Adaptation of the S.R. & O. 1922/80.Taxing Acts) Order 1922 (the provisions of which are either spent or re-enacted with modifications in subsections (2) and (3) above). |
| Petroleum revenue tax etc. |
Gas valuation. |
149. - (1) Paragraph 3A of Schedule 3 to the Oil Taxation Act 1975 (market value of light gases) shall have effect, and be deemed always to have had effect, with the insertion of the following sub-paragraph after sub-paragraph (3)- |
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"(3A) The circumstances referred to in sub-paragraph (1) above include- |
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(a) the timing of the making, and of any subsequent variations, of the actual contract or other arrangements under which the disposal or appropriation was made; |
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(b) the terms of that contract or, as the case may be, of those arrangements, and the terms of any such variations; and |
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(c) the extent to which the circumstances to which regard is to be had by virtue of paragraphs (a) and (b) above are circumstances that might reasonably have been expected to exist in the case of a contract satisfying the conditions specified in sub-paragraph (2) above." |
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(2) Paragraph 12 of Schedule 2 to the Oil Taxation Act 1983 (purchase of oil at place of extraction) shall have effect and, in relation to light gases disposed of or appropriated at any time on or after 3rd May 1994, be deemed to have had effect- |
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(a) with the substitution, for the words "paragraphs (a) to (c)" in sub-paragraph (2), of the words "paragraphs (a) to (cb)"; and |
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(b) with the substitution for the words from "2(5)(b)" to "length)," in sub-paragraph (5) of the words "2(5)(b) or (ca) of the principal Act (oil disposed of otherwise than in sales at arm's length),". |
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(3) Section 493 of the Taxes Act 1988 (valuation of oil disposed of or appropriated in certain circumstances) shall have effect, and, in relation to light gases disposed of or appropriated at any time on or after 3rd May 1994, be deemed to have had effect, with the insertion after subsection (5) of the following subsection- |
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"(6) In subsections (3) and (4) above the references to the market value of any oil in the calendar month in which a disposal of the oil was made or, as the case may be, in which it was appropriated shall each have effect in relation to light gases (within the meaning of the 1975 Act) as a reference to the amount which, if paragraph 3A of Schedule 3 to the 1975 Act applied, would be the market value of that oil in relation to the disposal or appropriation in question." |
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| Gas levy |
Reduction and abolition of gas levy. |
150. - (1) The rate of gas levy for the year 1997-98 shall be deemed to have been three pence per therm. |
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(2) Gas levy shall not be payable for the year 1998-99 or any subsequent year. |
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(3) Section 3 of the Gas Levy Act 1981 shall be deemed never to have required any person to deliver a return for the chargeable period ending with 30th June 1998. |
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(4) Any repayment of gas levy falling to be made to any person by virtue of subsection (1) above shall be made by the Secretary of State out of the Consolidated Fund and shall carry interest at the prescribed rate from the end of July 1998 until payment. |
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(5) In subsection (4) above "the prescribed rate" means the rate at which repayments of gas levy for the year 1997-98 carry interest if repaid under section 3(5) of the Gas Levy Act 1981. |
| Dumping duties |
Repeal of Customs Duties (Dumping and Subsidies) Act 1969. |
151. The Customs Duties (Dumping and Subsidies) Act 1969 (which confers powers on the Secretary of State, exercisable in accordance with section 6(5) of the Finance Act 1978, to charge duties in respect of dumping and to offset subsidies) shall cease to have effect. |