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| Orders for the delivery of documents. |
146. - (1) After section 20B of the Taxes Management Act 1970 insert-
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| "Orders for the delivery of documents. |
20BA. - (1) The appropriate judicial authority may make an order under this section if satisfied on information on oath given by an authorised officer of the Board-
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(a) that there is reasonable ground for suspecting that an offence involving serious fraud in connection with, or in relation to, tax is being, has been or is about to be committed, and |
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(b) that documents which may be required as evidence for the purposes of any proceedings in respect of such an offence are or may be in the power or possession of any person. |
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(2) An order under this section is an order requiring the person who appears to the authority to have in his possession or power the documents specified or described in the order to deliver them to an officer of the Board within-
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(a) ten working days after the day on which notice of the order is served on him, or |
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(b) such shorter or longer period as may be specified in the order. |
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For this purpose a "working day" means any day other than a Saturday, Sunday or public holiday.
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(3) Where in Scotland the information mentioned in subsection (1) above relates to persons residing or having places of business at addresses situated in different sheriffdoms-
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(a) an application for an order may be made to the sheriff for the sheriffdom in which any of the addresses is situated, and |
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(b) where the sheriff makes an order in respect of a person residing or having a place of business in his own sheriffdom, he may also make orders in respect of all or any of the other persons to whom the information relates (whether or not they have an addess within the sheriffdom). |
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(4) Schedule 1AA to this Act contains provisions supplementing this section.".
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(2) After Schedule 1 to the Taxes Management Act 1970, insert the Schedule 1AA set out in Schedule 39 to this Act.
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(3) In section 20BB of that Act (falsification etc. of documents)-
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(a) in subsection (1)(a), after "above" insert "or an order under section 20BA above"; |
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(b) in subsection (3), after "notice is given" insert "or the order is made"; and |
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(c) after "notice", in the second place where it occurs in that subsection, insert "or order". |
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(4) In section 20D(1) of that Act (meaning of "appropriate judicial authority"), after "20A" insert ", 20BA".
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| Search warrants: miscellaneous amendments. |
147. - (1) Section 20C of the Taxes Management Act 1970 (search warrants) is amended as follows.
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(2) After subsection (1) insert-
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"(1AA) The Board shall not approve an application for a warrant under this section unless they have reasonable grounds for believing that use of the procedure under section 20BA above and Schedule 1AA to this Act (order for production of documents) might seriously prejudice the investigation.".
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(3) After subsection (3) insert-
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"(3A) In the case of any information contained in a computer which is information that-
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(a) an officer who enters the premises as mentioned in subsection (3) above has reasonable cause to believe may be required as evidence for the purposes mentioned in paragraph (b) of that subsection, and |
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(b) is accessible from the premises, |
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the power of seizure under that subsection includes a power to require the information to be produced in a form in which it can be taken away and in which it is visible and legible.".
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(4) For subsection (4) substitute-
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"(4) Nothing in subsection (3) above authorises the seizure and removal of items subject to legal privilege.
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(4A) In subsection (4) "items subject to legal privilege" means-
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(a) communications between a professional legal adviser and his client or any person representing his client made in connection with the giving of legal advice to the client; |
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(b) communications between a professional legal adviser and his client or any person representing his client or between such an adviser or his client or any such representative and any other person made in connection with or in contemplation of legal proceedings and for the purposes of such proceedings; and |
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(c) items enclosed with or referred to in such communications and made- |
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(i) in connection with the giving of legal advice; or
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(ii) in connection with or in contemplation of legal proceedings and for the purposes of such proceedings,
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when they are in the possession of a person who is entitled to possession of them. |
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(4B) Items held with the intention of furthering a criminal purpose are not subject to legal privilege.".
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(5) After subsection (8) insert-
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"(9) Where in Scotland the information mentioned in subsection (1) above relates to premises situated in different sheriffdoms-
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(a) petitions for the issue of warrants in respect of all the premises to which the information relates may be made to the sheriff for a sheriffdom in which any of the premises is situated, and |
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(b) where the sheriff issues a warrant in respect of premises situated in his own sheriffdom, he shall also have jurisdiction to issue warrants in respect of all or any of the other premises to which the information relates. |
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This does not affect any power or jurisdiction of a sheriff to issue a warrant in respect of an offence committed within his own sheriffdom.".
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Provisions relating to government finance |
| Debt Management Account. |
148. In Schedule 5A to the National Loans Act 1968 (the Debt Management Account), in paragraph 11, after sub-paragraph (1) (excess of Account's liabilities over its assets to be liability of National Loans Fund) insert-
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"(1A) The Treasury may pay from the National Loans Fund to the Debt Management Account an amount representing all or any of any excess mentioned in sub-paragraph (1) above, and if they do the liability there mentioned shall be extinguished or reduced accordingly."
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| National Savings Bank. |
149. - (1) In section 4 of the National Savings Bank Act 1971 (deposits: limits and minimum balances), after subsection (3) insert-
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"(4) Regulations under section 2 of this Act may include any provision that may be included in an order under this section."
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(2) In section 26 of that Act (regulations and orders etc.), for subsections (2) and (3) (parliamentary control of regulations under section 2 and orders under section 4) substitute-
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"(2) A statutory instrument containing-
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(a) regulations under section 2 of this Act, or |
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(b) an order under section 4 of this Act, |
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shall be subject to annulment in pursuance of a resolution of either House of Parliament."
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(3) If a draft of a statutory instrument containing an order under section 4 of that Act has been laid before Parliament, but the instrument has not been made, before the day on which this Act is passed, the instrument may be made either-
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(a) as if section 26 of that Act had not been amended by this section, or |
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(b) in reliance on section 26(2) as substituted by this section. |
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The instrument shall be taken to be made as mentioned in paragraph (a) unless it states that it is made in reliance on section 26(2) as substituted by this section.
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| National savings certificates. |
150. - (1) This section applies to a national savings certificate issued under section 12 of the National Loans Act 1968 if-
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(a) it was purchased on or before 7th October 1999, and |
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(b) the fifth anniversary of its purchase falls after the day on which this Act is passed. |
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(2) The power of the Treasury (under the prospectus under which the certificate was issued) to alter or end the extension terms for the certificate shall have effect as if it included power for the Treasury to decide before the fifth anniversary of the certificate's purchase that the extension terms for the certificate are to involve it (so far as not cashed in) undergoing automatic roll-over on that anniversary.
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(3) Where a certificate undergoes automatic roll-over on any occasion, the Treasury has power to decide before the fifth anniversary of that occasion that the extension terms for the certificate are to involve it (so far as not cashed in) undergoing automatic roll-over on that anniversary.
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(4) For the purposes of this section a certificate undergoes "automatic roll-over" on an occasion if during the period of 5 years beginning with that occasion the certificate (so far as not cashed in) will earn interest as though it were a national savings certificate-
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(a) purchased on that occasion for a term of 5 years at a price equal to the value (rounded, if necessary, to the nearest penny) of the certificate on that occasion, and |
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(b) earning such interest (whether at fixed rates or at rates that give effect to index-linking or partly one and partly the other) as has been decided by the Treasury before that occasion. |
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(5) Subject to subsections (2) and (3), a certificate to which this section applies continues (so far as not cashed in) to be held on the terms of the prospectus under which it was issued.
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However, any obligation of the Director of Savings to take steps to inform the holder of the certificate before the fifth anniversary of its purchase of what is to happen to the certificate after that anniversary extends to taking the corresponding steps in relation to the fifth anniversary of each occasion on which the certificate has undergone automatic roll-over.
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(6) Nothing in this section shall be taken as prejudicing the rights of the holder of a certificate to which this section applies to apply at any time to cash in the certificate.
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(7) References in this section to cashing in a certificate include reinvesting it.
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| Exchange Equalisation Account. |
151. - (1) For section 4 of the Exchange Equalisation Account Act 1979 (examination and certification of the Account) substitute-
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| "Annual accounts. |
4. - (1) For each financial year in which the Account operates the Treasury shall prepare, in such form and on such basis as they may prescribe, accounts in relation to the transactions, assets and liabilities of the Account.
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(2) The Treasury shall send the accounts to the Comptroller and Auditor General not later than 30th November of the financial year following that to which the accounts relate.
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(3) The Comptroller and Auditor General shall examine and certify the accounts, issue a report on them and send the certified accounts and the report to the Treasury not later than 15th January of that year.
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(4) The Treasury shall lay the certified accounts and the report before each House of Parliament not later than 31st January of that year.
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(5) In certifying accounts under subsection (3) above the Comptroller and Auditor General shall state whether or not it is his opinion, having regard to his examination of the accounts, that-
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(a) the resources of the Account have been used in accordance with the provisions of this Act; |
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(b) the transactions of the Account are in accordance with any relevant authority; and |
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(c) the accounts have been prepared in the form, and on the basis, prescribed under subsection (1) above. |
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(6) The Treasury may by order made by statutory instrument amend the date for the time being specified in any of subsections (2) to (4) above.
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(7) Before making an order under subsection (6) above the Treasury shall consult the Comptroller and Auditor General.
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(8) A statutory instrument containing an order under subsection (6) above shall be subject to annulment in pursuance of a resolution of the House of Commons.
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(9) In this section a reference to the use of resources is a reference to their expenditure, consumption or reduction in value.".
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(2) This section applies in relation to the operation of the Exchange Equalisation Account in the financial year ending 31st March 2001 and subsequent financial years.
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