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Amendment Paper as at
Wednesday 19th July 2000

CONSIDERATION OF BILL


FINANCE BILL

NOTE

The Amendments have been arranged in accordance with the Order [18th July], as follows:—

New Clauses, amendments relating to Clauses 1 to 6, Schedule 1, Clauses 7 to 17, Schedule 2, Clauses 18 to 22, Schedule 3, Clause 23, Schedule 4, Clause 24, Schedule 5, Clauses 25 to 30, Schedules 6 and 7, Clauses 31 to 47, Schedule 8, Clause 48, Schedule 9, Clauses 49 to 57, Schedule 10, Clauses 58 and 59, Schedule 11, Clause 60, Schedule 12, Clause 61, Schedule 13, Clause 62, Schedule 14, Clause 63, Schedules 15 and 16, Clause 64, Schedule 17, Clause 65, Schedule 18, Clauses 66 to 68, Schedule 19, Clause 69, Schedules 20 and 21, Clauses 70 to 82, Schedule 22, Clauses 83 to 87, Schedule 23, Clauses 88 to 91, Schedule 24, Clause 92, Schedules 25 and 26, Clauses 93 to 97, Schedule 27, Clause 98, Schedule 28, Clauses 99 to 102, Schedule 29, Clause 103, Schedule 30, Clause 104, Schedule 31, Clauses 105 to 116, Schedule 32, Clause 117, Schedule 33, Clauses 118 to 128, Schedule 34, Clauses 129 to 132, Schedule 35, Clause 133, Schedule 36, Clauses 134 to 139, Schedule 37, Clause 140, Schedule 38, Clauses 141 to 146, Schedule 39 and Clauses 147 to 151, New Schedules, amendments relating to Clauses 152 and 153, Schedule 40 and Clause 154.

   

Mr Chancellor of the Exchequer

57

Page     240,     line     12     [Schedule     8],     leave out from 'must' to end of line 13 and insert 'form part of the ordinary share capital of—'.

   

Mr Chancellor of the Exchequer

10

Page     240,     line     34     [Schedule     8],     leave out 'workers''.

   

Mr Chancellor of the Exchequer

11

Page     240,     line     35     [Schedule     8],     at end insert—

    '( ) In sub-paragraph (4) "co-operative" means a registered industrial and provident society which is a co-operative society.

    For this purpose—

      "registered industrial and provident society" means a society registered or deemed to be registered under the Industrial and Provident Societies Act 1965 or the Industrial and Provident Societies Act (Northern Ireland) 1969; and

      "co-operative society" has the same meaning as in section 1 of the 1965 Act or, as the case may be, the 1969 Act.'.


   

Mr David Heathcoat-Amory
Mr Richard Ottaway
Mr Howard Flight

135

Page     248,     line     28     [Schedule     8],     at end insert 'Where an employer pays on behalf of an employee any Class 1 national insurance contributions which would have been due from the employee but for the deduction of partnership share money then that payment shall not be an emolument or benefit chargeable to tax under Schedule E.'.


   

Mr David Heathcoat-Amory
Mr Richard Ottaway
Mr Howard Flight

134

Page     249,     line     12     [Schedule     8],     at end insert—

    '( ) Where there is a charge to income tax under this paragraph as a result of partnership shares ceasing to be subject to the plan, the amount of earnings which the employee is deemed to receive for the purpose of determining any liability for secondary Class 1 national insurance contributions will be equal to the amount of partnership share money used to purchase the partnership shares in question.'.


   

Mr Chancellor of the Exchequer

12

Page     264,     line     36     [Schedule     8],     leave out paragraph 128.


   

Mr Chancellor of the Exchequer

13

Page     267     [Schedule     8],     leave out line 23.


   

Mr Chancellor of the Exchequer

58

Page     34,     line     42     [Clause     49],     leave out '6th April 2002' and insert '1st January 2003'.


   

Mr Chancellor of the Exchequer

59

Page     35,     line     12     [Clause     50],     leave out '6th April 2002' and insert '1st January 2003'.

   

Mr Chancellor of the Exchequer

60

Page     35,     line     20     [Clause     50],     leave out '6th April 2002' and insert '1st January 2003'.


   

Mr David Heathcoat-Amory
Mr Richard Ottaway
Mr Howard Flight

131

Page     40,     line     19     [Clause     56],     after 'be', insert 'multiplied by 2.5 and'.


   

Mr Chancellor of the Exchequer

1

Page     42,     line     14     [Clause     58],     leave out 'an account-holding' and insert 'a fundable'.

   

Mr Chancellor of the Exchequer

2

Page     42,     line     44     [Clause     58],     leave out '97' and insert '108 or 109'.

   

Mr Chancellor of the Exchequer

3

Page     42,     line     46     [Clause     58],     leave out from beginning to end of line 2 on page 43 and insert—

      '(b) regulations under section 1 of the Education and Training (Scotland) Act 2000.'.


   

Mr Chancellor of the Exchequer

4

Page     43,     line     3     [Clause     58],     leave out 'an account-holding' and insert 'a fundable'.

   

Mr Chancellor of the Exchequer

5

Page     43,     line     7     [Clause     58],     leave out '96' and insert '104'.

   

Mr Chancellor of the Exchequer

6

Page     43,     line     8     [Clause     58],     at end insert 'or he is a party to qualifying arrangements.

    (6) In subsection (5) above "qualifying arrangements" means arrangements which qualify under—

      (a) section 105 or 106 of the Learning and Skills Act 2000, or

      (b) section 2 of the Education and Training (Scotland) Act 2000.'.


   

Mr Chancellor of the Exchequer

83

Page     293,     line     28     [Schedule     13],     after 'section', insert ', and the provisions of section 632B below,'.


   

Mr Chancellor of the Exchequer

84

Page     294,     line     10     [Schedule     13],     at end insert—

'Eligibility to make contributions: concurrent membership.632B.—(1) A member who would not, apart from this section, be eligible to make contributions during a year of assessment shall be eligible to make contributions at any time during that year if—

      (a) throughout the year he holds an office or employment to which section 645 applies;

      (b) the condition in any of subsections (6) to (9) of section 632A is satisfied in his case as respects the year;

      (c) he is not, and has not been, a controlling director of a company at any time in the year or in any of the five years of assessment preceding it;

      (d) for at least one of the five years of assessment preceding the year, the aggregate of his grossed-up remuneration from each office and each employment held on 5th April in that preceding year does not exceed the remuneration limit for the relevant year; and

      (e) the total relevant contributions made in the year do not exceed the earnings threshold for the year.

    (2) For the purposes of paragraphs (c) and (d) of subsection (1) above, no account shall be taken of any year of assessment earlier than the year 2000-01.

    (3) For the purposes of paragraph (c) of subsection (1) above, a person is a controlling director of a company at any time if at that time—

      (a) he is a director, as defined by section 612(1); and

      (b) he is within paragraph (b) of section 417(5) in relation to the company.

    (4) For the purposes of paragraph (d) of subsection (1) above—

      (a) "grossed up", in relation to a person's remuneration from an office or employment, means increased by being multiplied by a figure determined in accordance with an order made by the Treasury (or left unchanged, if that figure is unity);

      (b) "remuneration" shall be construed in accordance with an order made by the Treasury;

      (c) "the remuneration limit" for any year of assessment is £30,000;

      (d) "the relevant year" means the year of assessment first mentioned in subsection (1) above.

    The Treasury may by order amend the definition of "the remuneration limit" in paragraph (c) above for any year of assessment by varying the amount there specified.

    (5) For the purposes of paragraph (e) of subsection (1) above and the following provisions of this section, "the total relevant contributions", in the case of a year of assessment, means the aggregate amount of the contributions made in the year—

      (a) by the member in question, and

      (b) by any employer of his,

    under arrangements made by the member under the scheme in question, together with the aggregate amounts of such contributions under other approved personal pension arrangements made by that member.

    (6) If—

      (a) in the case of a member, the total relevant contributions in a year of assessment, apart from this subsection, exceed the earnings threshold for the year, and

      (b) but for that, the member would be eligible to make contributions by virtue of subsection (1) above at any time in that year,

    the repayment required by subsection (2) of section 632A is repayment of the relevant excess contributions only (so that the condition in subsection (1)(e) above becomes satisfied).

    (7) In subsection (6) above "the relevant excess contributions" means—

      (a) to the extent that a contribution is the first which caused the total relevant contributions in the year to exceed the earnings threshold for the year, that contribution; and

      (b) all subsequent contributions in the year.

    (8) The Treasury may by order make provision requiring any person who claims to be eligible to make contributions by virtue of this section to provide to—

      (a) the Board,

      (b) an officer of the Board, or

      (c) the scheme administrator of the personal pension scheme concerned,

    such declarations, certificates or other evidence in support of the claim as may be specified or described, or determined in accordance with, the order.

    (9) A person shall only be eligible to make contributions by virtue of this section in a year of assessment if he complies with any requirements imposed by order under subsection (8) above.".'.

 
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Prepared 19 Jul 2000