Session 1999-2000 |
Commons Journal 256
Chronological Index
Page 255 1999-2000 Volume 256 [No. 71.] Monday 27th March 2000. The House met at half-past Two o'clock. PRAYERS.
Bill to be read a second time on Friday 21st July.
(a) for zero-rating or exempting a supply, acquisition or importation; (b) for refunding an amount of tax; (c) for varying any rate at which tax is at any time chargeable; or (d) for any relief, other than a relief which (i) so far as it is applicable to goods, applies to goods of every description, and (ii) so far as it is applicable to services, applies to services of every description. 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. Beer (rate of duty) The Question being put, That (1) In section 36(1) of the Alcoholic Liquor Duties Act 1979 for £11.50 there shall be substituted £11.89. (2) This Resolution shall have effect on and after 1st April 2000. And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968; The House divided. Tellers for the Ayes, Mr Graham Allen, Mr David Jamieson: 370. Tellers for the Noes, Mr Geoffrey Clifton-Brown, Mr Peter Luff: 142. So the Question was agreed to. Page 256 Monday 27th March 2000 1999-2000 Volume 256 Back to top 3. Cider (rates of duty) Resolved, That (1) In section 62(1A) of the Alcoholic Liquor Duties Act 1979 (a) in paragraph (a) for £161.20 there shall be substituted £166.70; (b) in paragraph (b) for £37.92 there shall be substituted £39.21; and (c) in paragraph (c) for £25.27 there shall be substituted £26.13. (2) This Resolution shall have effect on and after 1st April 2000. 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. Wine and made-wine (rates of duty) Resolved, That (1) For Part I of the Table of rates of duty in Schedule 1 to the Alcoholic Liquor Duties Act 1979 there shall be substituted Part I Wine or made-wine of a strength not exceeding 22 per cent.
(2) This Resolution shall have effect on and after 1st April 2000. 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. Hydrocarbon oil (rates of duty and rebate) The Question being put, That (1) In section 6(1A) of the Hydrocarbon Oil Duties Act 1979 (a) in paragraph (a), for £0.5288 there shall be substituted £0.5468; (b) in paragraph (b), for £0.4721 there shall be substituted £0.4882; and (c) in paragraph (c), for £0.5021 there shall be substituted £0.5182. (2) In section 11(1) of that Act (a) in paragraph (a), for £0.0265 there shall be substituted £0.0274; and (b) in each of paragraphs (b) and (ba), for £0.0303 there shall be substituted £0.0313. (3) In section 13A(1A) of that Act (a) in paragraph (a), for £0.0367 there shall be substituted £0.0379; and (b) in paragraph (b), for £0.0567 there shall be substituted £0.0586. (4) In section 14(1) of that Act, for £0.0265 there shall be substituted £0.0274. (5) This Resolution shall have effect as from 6 o'clock in the evening of 21st March 2000. 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; Page 257 Monday 27th March 2000 1999-2000 Volume 256 Back to top The House divided. Tellers for the Ayes, Mr Graham Allen, Mr David Jamieson: 321. Tellers for the Noes, Mr Geoffrey Clifton-Brown, Mr Peter Luff: 192. So the Question was agreed to. 6. Hydrocarbon oil (mixing of light oil) Resolved, That provision may be made about the mixing of different kinds of light oil. 7. Hydrocarbon oil (amendment of definitions of types of oil) Resolved, That provision may be made for amending the provisions of the Hydrocarbon Oil Duties Act 1979 defining different types of oil. 8. Hydrocarbon oil (misuse of rebated heavy oil) Resolved, That (1) Section 13 of the Hydrocarbon Oil Duties Act 1979 shall be amended as follows. (2) In subsection (1) (a) for or, as the case may be, his becoming so liable there shall be substituted or his becoming so liable (or, where his conduct includes both, each of them), and (b) the words from ; and the Commissioners to the end shall be omitted. (3) After subsection (1) there shall be inserted (1A) Where oil is used, or is taken into a road vehicle, in contravention of section 12(2) above, the Commissioners may (a) assess an amount equal to the rebate on like oil at the rate in force at the time of the contravention as being excise duty due from any person who used the oil or was liable for the oil being taken into the road vehicle, and (b) notify him or his representative accordingly. (4) This Resolution shall have effect in relation to liability arising on or after 1st May 2000. 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. 9. Hydrocarbon oil (use of rebated heavy oil as fuel) Resolved, That (1) In Schedule 1 to the Hydrocarbon Oil Duties Act 1979, the following provisions shall be omitted (a) paragraph 2(1)(b) and the word or immediately preceding it, and (b) paragraph 2(4). (2) This Resolution has effect in relation to the use of rebated heavy oil as fuel on or after 1st May 2000. 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. 10. Tobacco products (rates of duty) The Question being put, That (1) For the Table of rates of duty in Schedule 1 to the Tobacco Products Duty Act 1979 there shall be substituted
(2) This Resolution shall have effect as from 6 o'clock in the evening of 21st March 2000. 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; Page 258 Monday 27th March 2000 1999-2000 Volume 256 Back to top The House divided. Tellers for the Ayes, Mr Graham Allen, Mr David Jamieson: 364. Tellers for the Noes, The Reverend Martin Smyth, Mr William Thompson: 7. So the Question was agreed to. 11. Tobacco products duty (retail price of cigarettes) Resolved, That provision may be made amending section 5 of the Tobacco Products Duty Act 1979. 12. Amusement machine licence duty (rates of duty) Resolved, That provision may be made about the rates of amusement machine licence duty. 13. Amusement machine licence duty (meaning of amusement machine) Resolved, That provision may be made amending section 25 of the Betting and Gaming Duties Act 1981. 14. Air passenger duty The Question being put, That provision may be made about air passenger duty; The House divided. Tellers for the Ayes, Mr Kevin Hughes, Mr Greg Pope: 363. Tellers for the Noes, The Reverend Martin Smyth, Mr William Thompson: 3. So the Question was agreed to. 15. Vehicle excise duty (general rate) Resolved, That (1) In paragraph 1 of Schedule 1 to the Vehicle Excise and Registration Act 1994 (a) in sub-paragraph (2), for £155 there shall be substituted £160; and (b) in sub-paragraph (2A), for £100 there shall be substituted £105. (2) This Resolution shall have effect in relation to licences issued on or after 1st March 2001. 16. Vehicle excise duty (new light passenger or goods vehicles) Resolved, That provision may be made with respect to the vehicle excise duty chargeable in respect of light passenger and light goods vehicles first registered on or after 1st March 2001. 17. Vehicle excise duty (rates for goods vehicles etc.) Resolved, That Schedule 1 to the Vehicle Excise and Registration Act 1994 be amended as follows (1) For the Table in paragraph 9(1) there shall be substituted
Page 259 Monday 27th March 2000 1999-2000 Volume 256 Back to top
Page 260 Monday 27th March 2000 1999-2000 Volume 256 Back to top 11C.(1) This paragraph applies to a tractive unit that (a) has a revenue weight exceeding 41,000 kilograms but not exceeding 44,000 kilograms, (b) has 3 or more axles and is used exclusively for the conveyance of semi-trailers with 3 or more axles, (c) is of a type that could lawfully be used on a public road immediately before 21st March 2000, and (d) complies with the requirements in force immediately before that date for use on a public road. (2) The annual rate of vehicle excise duty applicable to a vehicle to which this paragraph applies is (a) in the case of a vehicle with respect to which the reduced pollution requirements are not satisfied, £1,280; (b) in the case of a vehicle with respect to which those requirements are satisfied, £280.. (7) This Resolution applies in relation to licences issued after 21st March 2000. 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 (reduced rate) Resolved, That (1) Schedule A1 to the Value Added Tax Act 1994 shall have effect with the following amendments. (2) In paragraph 1(1), after paragraph (a) insert (aa) supplies of services of installing List A energy-saving materials in residential accommodation or in a building intended for use solely for a relevant charitable purpose; (ab) supplies of List A energy-saving materials by a person who installs those materials in residential accommodation or a building intended for use solely for a relevant charitable purpose;. (3) In paragraph 1(1), in each of paragraphs (b) and (c), before energy-saving materials insert List B. (4) In paragraph 1(1), after paragraph (c) insert (d) supplies to a qualifying person of services of connecting, or reconnecting, a mains gas supply to the qualifying person's sole or main residence; (e) supplies of goods made to a qualifying person by a person connecting, or reconnecting, a mains gas supply to the qualifying person's sole or main residence, being goods whose installation is necessary for the connection, or reconnection, of the mains gas supply; (f) supplies to a qualifying person of services of installing, maintaining or repairing a central heating system in the qualifying person's sole or main residence; (g) supplies of goods made to a qualifying person by a person installing, maintaining or repairing a central heating system in the qualifying person's sole or main residence, being goods whose installation is necessary for the installation, maintenance or repair of the central heating system; (h) supplies consisting in the leasing of goods that form the whole or part of a central heating system installed in the sole or main residence of a qualifying person; (i) supplies of goods that form the whole or part of a central heating system installed in a qualifying person's sole or main residence and that, immediately before being supplied, were goods leased under arrangements such that the consideration for the supplies consisting in the leasing of the goods was, in whole or in part, funded by a grant made under a relevant scheme; (j) supplies to a qualifying person of services of installing qualifying security goods in the qualifying person's sole or main residence; and (k) supplies of qualifying security goods made to a qualifying person by a person who installs those goods in the qualifying person's sole or main residence. Page 261 Monday 27th March 2000 1999-2000 Volume 256 Back to top (5) For paragraph 1(1A) substitute (1A) A supply to which any of paragraphs (b) to (k) of sub-paragraph (1) above applies is a supply falling within this paragraph only to the extent that the consideration for it (a) is, or is to be, funded by a grant made under a relevant scheme; or (b) in the case of a supply to which paragraph (i) of that sub-paragraph applies (i) is, or is to be, funded by such a grant, or (ii) is a payment becoming due only by reason of the termination (whether by the passage of time or otherwise) of the leasing of the goods in question. (6) In paragraph 1(1B), for sub-paragraph (1)(b) or (c) substitute any of paragraphs (b) to (k) of sub-paragraph (1). (7) In paragraph 5(3)(c), for disability working allowance substitute disabled person's tax credit. (8) In paragraph 5(3)(d), for family credit substitute working families' tax credit. (9) In paragraph 5, after sub-paragraph (3) insert (3A) For the purposes of paragraph 1(1)(aa) and (ab) above residential accommodation means (a) a building, or part of a building, that consists of a dwelling or a number of dwellings; (b) a building, or part of a building, used for a relevant residential purpose; (c) a caravan used as a place of permanent habitation; or (d) a houseboat. (3B) For the purposes of paragraph 1(1)(aa) and (ab) above use for a relevant charitable purpose means use by a charity in either or both of the following ways, namely (a) otherwise than in the course or furtherance of a business; (b) as a village hall or similarly in providing social or recreational facilities for a local community. (10) In paragraph 5(4), for For the purposes of paragraph 1(1)(b) and (c) above energy-saving materials means substitute For the purposes of paragraph 1(1)(aa) and (ab) above List A energy-saving materials means. (11) In paragraph 5(4)(c), after central heating system controls insert (including thermostatic radiator valves). (12) In paragraph 5(4), after paragraph (d) insert (e) solar panels. (13) In paragraph 5, after sub-paragraph (4) insert (4A) For the purposes of paragraph 1(1)(b) and (c) above List B energy-saving materials means any of the following (a) gas-fired room heaters that are fitted with thermostatic controls; (b) electric storage heaters; (c) closed solid fuel fire cassettes; (d) electric dual immersion water heaters with foam-insulated hot water tanks; (e) gas-fired boilers; (f) oil-fired boilers; (g) radiators. (4B) For the purposes of paragraph 1(1)(j) and (k) above, qualifying security goods means any of the following (a) locks or bolts for windows; (b) locks, bolts or security chains for doors; (c) spy holes; (d) smoke alarms. (14) In paragraph 5(5), for paragraph 1(1A) and (1B) substitute paragraph 1. Page 262 Monday 27th March 2000 1999-2000 Volume 256 Back to top (15) This Resolution applies to supplies made on or after 1st April 2000. 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. 19. Disposals of assets for which a VAT repayment is claimed Resolved, That (1) In section 3(2) of the Value Added Tax Act 1994, for Schedules 1 to 3 there shall be substituted Schedules 1 to 3A. (2) In section 67 of that Act (a) in subsection (1)(a), for or with paragraph 3 or 8(2) of Schedule 3 there shall be substituted , with paragraph 3 or 8(2) of Schedule 3 or paragraph 3, 4 or 7(2) or (3) of Schedule 3A; (b) in subsection (3)(a), for or paragraph 3 of Schedule 3 there shall be substituted , paragraph 3 of Schedule 3 or paragraph 3 or 4 of Schedule 3A; and (c) in subsection (3)(b), for or with sub-paragraph (2) of paragraph 8 of Schedule 3 there shall be substituted , with sub-paragraph (2) of paragraph 8 of Schedule 3 or with sub-paragraph (2) or (3) of paragraph 7 of Schedule 3A. (3) In section 69(1)(a) of that Act, for or paragraph 5 of Schedule 3 there shall be substituted , paragraph 5 of Schedule 3 or paragraph 5 of Schedule 3A. (4) In section 73(3)(b) of that Act, for or paragraph 6(2) or (3) of Schedule 3 there shall be substituted , paragraph 6(2) or (3) of Schedule 3 or paragraph 6(1) or (2) of Schedule 3A. (5) In section 74(1)(c) of that Act, for under paragraph 8 of Schedule 3 there shall be substituted , under paragraph 8 of Schedule 3 or under paragraph 7 of Schedule 3A. (6) In the following provisions of that Act (a) paragraph 1(4)(a) and (5) of Schedule 1; and (b) paragraph 1(4) of Schedule 2, for or paragraph 6(3) of Schedule 3 there shall be substituted , paragraph 6(3) of Schedule 3 or paragraph 6(2) of Schedule 3A. (7) In paragraph 1(3) of Schedule 3 to that Act, for or paragraph 6(2) of Schedule 2 there shall be substituted , paragraph 6(2) of Schedule 2 or paragraph 6(2) of Schedule 3A. (8) After Schedule 3 to that Act there shall be inserted, as Schedule 3A, the following provisions Registration in respect of disposals of assets for which a VAT repayment is claimed Liability to be registered 1.(1) A person who is not registered under this Act, and is not liable to be registered under Schedule 1, 2 or 3, becomes liable to be registered under this Schedule at any time (a) if he makes relevant supplies; or (b) if there are reasonable grounds for believing that he will make such supplies in the period of 30 days then beginning. (2) A person shall be treated as having become liable to be registered under this Schedule at any time when he would have become so liable under sub-paragraph (1) above but for any registration which is subsequently cancelled under paragraph 6(2) below, paragraph 13(3) of Schedule 1, paragraph 6(2) of Schedule 2 or paragraph 6(3) of Schedule 3. (3) A person shall not cease to be liable to be registered under this Schedule except in accordance with paragraph 2 below. 2. A person who has become liable to be registered under this Schedule shall cease to be so liable at any time if the Commissioners are satisfied that he has ceased to make relevant supplies. Page 263 Monday 27th March 2000 1999-2000 Volume 256 Back to top Notification of liability and registration 3.(1) A person who becomes liable to be registered by virtue of paragraph 1(1)(a) above shall notify the Commissioners of the liability before the end of the period of 30 days beginning with the day on which the liability arises. (2) The Commissioners shall register any such person (whether or not he so notifies them) with effect from the beginning of the day on which the liability arises. 4.(1) A person who becomes liable to be registered by virtue of paragraph 1(1)(b) above shall notify the Commissioners of the liability before the end of the period by reference to which the liability arises. (2) The Commissioners shall register any such person (whether or not he so notifies them) with effect from the beginning of the period by reference to which the liability arises. Notification of end of liability 5.(1) Subject to sub-paragraph (2) below, a person registered under paragraph 3 or 4 above who ceases to make or have the intention of making relevant supplies shall notify the Commissioners of that fact within 30 days of the day on which he does so. (2) Sub-paragraph (1) above does not apply if the person would, when he so ceases, be otherwise liable or entitled to be registered under this Act if his registration and any enactment preventing a person from being liable to be registered under different provisions at the same time were disregarded. Cancellation of registration 6.(1) Subject to sub-paragraph (3) below, where the Commissioners are satisfied that a registered person has ceased to be liable to be registered under this Schedule, they may cancel his registration with effect from the day on which he so ceased or from such later date as may be agreed between them and him. (2) Where the Commissioners are satisfied that on the day on which a registered person was registered he was not registrable, they may cancel his registration with effect from that day. (3) The Commissioners shall not under sub-paragraph (1) above cancel a person's registration with effect from any time unless they are satisfied that it is not a time when that person would be subject to a requirement, or entitled, to be registered under this Act. (4) In determining for the purposes of sub-paragraph (3) above whether a person would be subject to a requirement, or entitled, to be registered at any time, so much of any provision of this Act as prevents a person from becoming liable or entitled to be registered when he is already registered or when he is so liable under any other provision shall be disregarded. Exemption from registration 7.(1) Notwithstanding the preceding provisions of this Schedule, where a person who makes or intends to make relevant supplies satisfies the Commissioners that any such supply is zero-rated or would be zero-rated if he were a taxable person, they may, if he so requests and they think fit, exempt him from registration under this Schedule. (2) Where there is a material change in the nature of the supplies made by a person exempted under this paragraph from registration under this Schedule, he shall notify the Commissioners of the change (a) within 30 days of the date on which the change occurred; or (b) if no particular date is identifiable as the day on which it occurred, within 30 days of the end of the quarter in which it occurred. (3) Where there is a material alteration in any quarter in the proportion of relevant supplies of such a person that are zero-rated, he shall notify the Commissioners of the alteration within 30 days of the end of the quarter. (4) If it appears to the Commissioners that a request under sub-paragraph (1) above should no longer have been acted upon on or after any day, or has been withdrawn on any day, they shall register the person who made the request with effect from that day. Page 264 Monday 27th March 2000 1999-2000 Volume 256 Back to top Supplementary 8. Any notification required under this Schedule shall be made in such form and shall contain such particulars as the Commissioners may by regulations prescribe. 9.(1) For the purposes of this Schedule a supply of goods is a relevant supply where (a) the supply is a taxable supply; (b) the goods are assets of the business in the course or furtherance of which they are supplied; and (c) the person by whom they are supplied, or a predecessor of his, has received or claimed, or is intending to claim, a repayment of VAT on the supply to him, or the importation by him, of the goods or of anything comprised in them. (2) In relation to any goods, a person is the predecessor of another for the purposes of this paragraph if (a) that other person is a person to whom he has transferred assets of his business by a transfer of that business, or part of it, as a going concern; (b) those assets consisted of or included those goods; and (c) the transfer of the assets is one falling by virtue of an order under section 5(3) (or under an enactment re-enacted in section 5(3)) to be treated as neither a supply of goods nor a supply of services; and the reference in this paragraph to a person's predecessor includes references to the predecessors of his predecessor through any number of transfers. (3) The reference in this paragraph to a repayment of VAT is a reference to such a repayment under a scheme embodied in regulations made under section 39. (9) In paragraph 5(5) of Schedule 4 to that Act, for the words from under sections 25 and 26 to the end there shall be substituted (a) under sections 25 and 26, to credit for the whole or any part of the VAT on the supply, acquisition or importation of those goods or of anything comprised in them; or (b) under a scheme embodied in regulations made under section 39, to a repayment of VAT on the supply or importation of those goods or of anything comprised in them. (10) Paragraphs (1) to (7) and (9) above have effect in relation to supplies made on or after 21st March 2000; and paragraph (8) above has effect in relation to relevant supplies (within the meaning of Schedule 3A to that Act) made on or after that date. 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. 20. Climate change levy The Question being put, That provision may be made for charging a tax, to be known as climate change levy, on (a) supplies of electricity; and (b) supplies of gas, coal or other commodities capable of being used as fuel; The House divided. Tellers for the Ayes, Mr Kevin Hughes, Mr Greg Pope: 351. Tellers for the Noes, Mr Peter Luff, Mr Geoffrey Clifton-Brown: 146. So the Question was agreed to. 21. Income tax (charge and rates for 2000-01) The Question being put, That Income tax shall be charged for the year 2000-01, and for that year (a) the starting rate shall be 10 per cent.; (b) the basic rate shall be 22 per cent.; and (c) the higher rate shall be 40 per cent. And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968; Page 265 Monday 27th March 2000 1999-2000 Volume 256 Back to top The House divided. Tellers for the Ayes, Mr Kevin Hughes, Mr Greg Pope: 311. Tellers for the Noes, Mr Andrew Stunell, Mr John Swinney: 48. So the Question was agreed to. 22. Income tax (extension of starting rate) Resolved, That (1) Section 1A of the Income and Corporation Taxes Act 1988 shall be amended as follows. (2) In subsection (1)(b), after the words is not there shall be inserted (i) savings income falling within section 1(2)(aa), or (ii). (3) After subsection (1) there shall be inserted (1AA) In subsection (1)(b)(i) savings income' means income to which this section applies other than (a) income chargeable under Schedule F, or (b) equivalent foreign income falling within subsection (3)(b) below and chargeable under Case V of Schedule D.. (4) The preceding paragraphs apply for the year 2000-01 and subsequent years and shall be deemed to have had effect for the year 1999-00. 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 2001) Resolved, That, for the financial year 2001, corporation tax shall be charged at the rate of 30 per cent. 24. Corporation tax (small companies' rate for 2000) Resolved, That, for the financial year 2000 (a) the small companies' rate shall be 20 per cent., and (b) the fraction mentioned in section 13(2) of the Income and Corporation Taxes Act 1988 shall be one fortieth. 25. Gift aid payments by individuals Resolved, That (1) Section 25 of the Finance Act 1990 shall be amended in accordance with paragraphs (2) to (7) below. (2) In subsection (1)(c), for an appropriate certificate there shall be substituted an appropriate declaration. (3) In subsection (2) (a) paragraphs (c) and (g) shall cease to have effect; (b) in paragraph (e), for two and a half per cent of the amount of the gift there shall be substituted the limit imposed by subsection (5A) below; and (c) for paragraph (i) there shall be substituted (i) either (i) at the time the gift is made, the donor is resident in the United Kingdom or performs duties which by virtue of section 132(4)(a) of the Taxes Act 1988 (Crown employees serving overseas) are treated as being performed in the United Kingdom; or (ii) the grossed up amount of the gift would, if in fact made, be payable out of profits or gains brought into charge to income tax or capital gains tax. (4) For subsection (3) there shall be substituted Page 266 Monday 27th March 2000 1999-2000 Volume 256 Back to top (3) The reference in subsection (1)(c) above to an appropriate declaration is a reference to a declaration which (a) is given in such manner as may be prescribed by regulations made by the Board; and (b) contains such information and such statements as may be so prescribed. (3A) Regulations made for the purposes of subsection (3) above may (a) provide for declarations to have effect, to cease to have effect or to be deemed never to have had effect in such circumstances and for such purposes as may be prescribed by the regulations; (b) require charities to keep records with respect to declarations given to them by donors; and (c) make different provision for declarations made in a different manner. (5) After subsection (5) there shall be inserted (5A) The limit imposed by this subsection is (a) where the amount of the gift does not exceed £100, 25 per cent of the amount of the gift; (b) where the amount of the gift exceeds £100 but does not exceed £1,000, £25; (c) where the amount of the gift exceeds £1,000, 2.5 per cent of the amount of the gift. (5B) Where a benefit received in consequence of making a gift (a) consists of the right to receive benefits at intervals over a period of less than twelve months; (b) relates to a period of less than twelve months; or (c) is one of a series of benefits received at intervals in consequence of making a series of gifts at intervals of less than twelve months, the value of the benefit shall be adjusted for the purposes of subsection (4) above and the amount of the gift shall be adjusted for the purposes of subsection (5A) above. (5C) Where a benefit, other than a benefit which is one of a series of benefits received at intervals, is received in consequence of making a gift which is one of a series of gifts made at intervals of less than twelve months, the amount of the gift shall be adjusted for the purposes of subsection (5A) above. (5D) Where the value of a benefit, or the amount of a gift, falls to be adjusted under subsection (5B) or (5C) above, the value or amount shall be multiplied by 365 and the result shall be divided by (a) in a case falling within subsection (5B)(a) or (b) above, the number of days in the period of less than twelve months; (b) in a case falling within subsection (5B)(c) or (5C) above, the average number of days in the intervals of less than twelve months; and the reference in subsection (5B) above to subsection (4) above is a reference to that subsection as it applies for the purposes of subsection (2)(e) above. (5E) In determining whether a gift to a charity falling within subsection (5F) below is a qualifying donation, there shall be disregarded the benefit of any right of admission received in consequence of the making of the gift (a) to view property the preservation of which is the sole or main purpose of the charity; or (b) to observe wildlife the conservation of which is the sole or main purpose of the charity; but this subsection shall not apply unless the opportunity to make gifts which attract such a right is available to members of the public. (5F) A charity falls within this subsection if its sole or main purpose is the preservation of property, or the conservation of wildlife, for the public benefit. (5G) In subsection (5E) above right of admission refers to admission of the person making the gift (or any member of his family who may be admitted because of the gift) either free of the charges normally payable for admission by members of the public, or on payment of a reduced charge. (6) For subsections (6) to (9) there shall be substituted Page 267 Monday 27th March 2000 1999-2000 Volume 256 Back to top (6) Where any gift made by the donor in a year of assessment is a qualifying donation, then, for that year (a) the Income Tax Acts and the Taxation of Chargeable Gains Act 1992 shall have effect, in their application to him, as if (i) the gift had been made after deduction of income tax at the basic rate; and (ii) the basic rate limit were increased by an amount equal to the grossed up amount of the gift; (b) the provisions mentioned in subsection (7) below shall have effect, in their application to him, as if any reference to income tax which he is entitled to charge against any person included a reference to the tax treated as deducted from the gift; and (c) to the extent, if any, necessary to ensure that he is charged to an amount of income tax and capital gains tax equal to the tax treated as deducted from the gift, he shall not be entitled to relief under Chapter I of Part VII of the Taxes Act 1988, but paragraph (a)(ii) above shall not apply for the purposes of any computation under section 550(2)(a) or (b) of that Act (relief where gain charged at a higher rate). (7) The provisions referred to in subsection (6)(b) above are (a) section 289A(5)(e) of the Taxes Act 1988 (relief under enterprise investment scheme); (b) section 796(3) of that Act (credit for foreign tax); and (c) paragraph 1(6)(f) of Schedule 15B to that Act (venture capital trusts). (8) Where the tax treated as deducted from a gift by virtue of subsection (6) above exceeds the amount of income tax and capital gains tax with which the donor is charged for the year of assessment, the donor shall be assessable and chargeable with income tax at the basic rate on so much of the gift as is necessary to recover an amount of tax equal to the excess. (9) In determining for the purposes of subsection (8) above the total amount of income tax and capital gains tax with which the donor is charged for the year of assessment, there shall be disregarded (a) any tax charged at the basic rate by virtue of (i) section 348 of the Taxes Act 1988 (read with section 3 of that Act); or (ii) section 349 of that Act (read with section 350 of that Act); (b) any tax treated as having been paid under (i) section 233(1)(a) of that Act (taxation of certain recipients of distributions); (ii) section 249(4)(a) of that Act (stock dividends treated as income); or (iii) section 547(5)(a) of that Act (method of charging life policy gain to tax); (c) any relief to which section 256(2) of that Act applies (relief by way of income tax reduction); (d) any relief under (i) section 347B of that Act (relief for maintenance payments); (ii) section 788 of that Act (relief by agreement with other countries); or (iii) section 790(1) of that Act (unilateral relief); (e) any set off of tax deducted, or treated as deducted, from income other than (i) tax treated as deducted from income by virtue of section 421(1)(a) of that Act (taxation of borrower when loan released etc); or (ii) tax treated as deducted from a relevant amount within the meaning of section 699A of that Act (untaxed sums comprised in the income of an estate) except to the extent that the relevant amount is or would be paid in respect of a distribution chargeable under Schedule F; and (f) any set off of tax credits. (9A) For the purposes of sections 257(5) and 257A(5) of the Taxes Act 1988 (age related allowances), the donor's total income shall be treated as reduced by the aggregate amount of gifts from which tax is treated as deducted by virtue of subsection (6) above. Page 268 Monday 27th March 2000 1999-2000 Volume 256 Back to top (7) In subsection (12), paragraphs (b) and (e) and the word and immediately preceding paragraph (e) shall cease to have effect. (8) In subsections (1)(b) and (3)(b) of section 257BB of the Income and Corporation Taxes Act 1988, after section 256(2)(b) there shall be inserted (read with section 25(6)(c) of the Finance Act 1990 where applicable). (9) In paragraph 4(1)(b) of Schedule 13B to that Act, after section 256(2)(b) there shall be inserted (read with section 25(6)(c) of the Finance Act 1990 where applicable). (10) This Resolution has effect in relation to (a) gifts made on or after 6th April 2000 which are not covenanted payments; and (b) covenanted payments falling to be made on or after that date. 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. Gift aid payments by companies Resolved, That (1) Section 339 of the Income and Corporation Taxes Act 1988 shall be amended in accordance with paragraphs (2) to (8) below. (2) In subsection (1), for paragraph (a) there shall be substituted (a) a payment which, by reason of any provision of the Taxes Acts except section 209(4), is to be regarded as a distribution; and. (3) Subsections (2), (3), (3A), (3F), (6), (7) and (8) shall cease to have effect. (4) In subsection (3B)(b), for two and a half per cent. of the amount given after deducting tax under section 339(3) there shall be substituted the limit imposed by subsection (3DB) below. (5) After subsection (3D) there shall be inserted (3DA) The limit imposed by this subsection is (a) where the amount of the payment does not exceed £100, 25 per cent of the amount of the payment; (b) where the amount of the payment exceeds £100 but does not exceed £1,000, £25; (c) where the amount of the payment exceeds £1,000, 2.5 per cent of the amount of the payment. (3DB) Where a benefit received in consequence of making a payment (a) consists of the right to receive benefits at intervals over a period of less than twelve months; (b) relates to a period of less than twelve months; or (c) is one of a series of benefits received at intervals in consequence of making a series of payments at intervals of less than twelve months, the value of the benefit shall be adjusted for the purposes of subsection (3C) above and the amount of the payment shall be adjusted for the purposes of subsection (3DA) above. (3DC) Where a benefit, other than a benefit which is one of a series of benefits received at intervals, is received in consequence of making a payment which is one of a series of payments made at intervals of less than twelve months, the amount of the payment shall be adjusted for the purposes of subsection (3DA) above. (3DD) Where the value of a benefit, or the amount of a payment, falls to be adjusted under subsection (3DB) or (3DC) above, the value or amount shall be multiplied by 365 and the result shall be divided by (a) in a case falling within subsection (3DB)(a) or (b) above, the number of days in the period of less than twelve months; (b) in a case falling within subsection (3DB)(c) or (3DC) above, the average number of days in the intervals of less than twelve months; and the reference in subsection (3DB) to subsection (3C) above is a reference to that subsection as it applies for the purposes of subsection (3B) above. Page 269 Monday 27th March 2000 1999-2000 Volume 256 Back to top (6) For subsection (4) there shall be substituted (4) Where a company gives a sum of money to a charity, the gift shall in the hands of the charity be treated for the purposes of this Act as if it were an annual payment. (7) For subsection (7AA) there shall be substituted (7AA) Where (a) a qualifying donation to a charity is made by a company which is wholly owned by a charity, and (b) the company makes a claim for the donation, or any part of it, to be deemed for the purposes of section 338 to be a charge on income paid in an accounting period falling wholly or partly within the period of nine months ending with the date of the making of the donation, the donation or part shall be deemed for those purposes to be a charge on income paid in that accounting period, and not in any later period. A claim under this subsection must be made within the period of two years immediately following the accounting period in which the donation is made, or such longer period as the Board may allow. (8) In subsection (9), the words in subsections (1) to (4) above includes shall cease to have effect. (9) In subsection (1) of section 209 of the Income and Corporation Taxes Act 1988, for section 339(6) and any other express exceptions there shall be substituted any express exceptions. (10) In subsection (2)(a) of section 338 of that Act, after company there shall be inserted or payments falling within paragraph (b) below. (11) This Resolution has effect in relation to payments made on or after 1st April 2000; and (a) so much of an accounting period as falls before that date; and (b) so much of it as falls after 31st March 2000, shall be treated as separate accounting periods for the purposes of the amendment made by paragraph (5) above. 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. 27. Covenanted payments to charities Resolved, That (1) In subsection (5)(b) of section 338 of the Income and Corporation Taxes Act 1988, for a covenanted donation to charity there shall be substituted a qualifying donation. (2) In section 347A of that Act, subsections (2)(b), (7) and (8) shall cease to have effect. (3) In subsection (3) of section 348 of that Act, at the end there shall be inserted or to any payment which is a qualifying donation for the purposes of section 25 of the Finance Act 1990. (4) In subsection (1) of section 349 of that Act, at the end there shall be inserted or to any payment which is a qualifying donation (within the meaning of section 339) or a qualifying donation for the purposes of section 25 of the Finance Act 1990. (5) In subsection (6) of section 505 of that Act, the words and, for this purpose, all covenanted payments to charity (within the meaning of section 347A(7)) shall be treated as a single item shall cease to have effect. (6) In subsection (9) of section 660A of that Act, for paragraph (b) there shall be substituted (b) qualifying donations for the purposes of section 25 of the Finance Act 1990. (7) Section 59 of the Finance Act 1989 shall cease to have effect. (8) Where a deed of covenant executed by an individual before 6th April 2000 provides for the payment of specified amounts, any amount payable under the deed on or after that date shall be determined as if the individual were entitled to deduct tax from that amount at the basic rate. Page 270 Monday 27th March 2000 1999-2000 Volume 256 Back to top (9) This Resolution has effect in relation to covenanted payments (a) falling to be made by individuals on or after 6th April 2000; or (b) made by companies on or after 1st April 2000. 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. Disposals of investments to charities etc. Resolved, That provision may be made about the disposal of shares, securities or other investments to charities or other bodies. 29. Employee Share Ownership Plans Resolved, That provision may be made for the purposes of income tax about employee share ownership plans. 30. Profit sharing schemes (corporation tax relief) Resolved, That provision may be made about corporation tax relief for payments to trustees of profit sharing schemes approved under Schedule 9 to the Income and Corporation Taxes Act 1988. 31. Profit sharing schemes (arrangements for loans) Resolved, That (1) In paragraph 2 of Schedule 9 to the Income and Corporation Taxes Act 1988, after sub-paragraph (2) there shall be inserted (2A) The Board shall not approve a profit sharing scheme unless they are satisfied (a) that the arrangements for the scheme do not make any provision, and are not in any way associated with any provision made, for loans to some or all of the employees of (i) the company that established the scheme, or (ii) in the case of a group scheme, any participating company, and (b) that the operation of the scheme is not in any way associated with such loans. (2B) For the purposes of sub-paragraph (2A) above arrangements' includes any scheme, agreement or understanding, whether or not legally enforceable. (2) In paragraph 3(2) of that Schedule, before paragraph (d) there shall be inserted (ca) the Board (i) cease to be satisfied of the matters mentioned in paragraph 2(2A) above, or (ii) in the case of a scheme approved before 21st March 2000, are not satisfied of those matters; or. (3) This Resolution shall be deemed to have come into force on 21st March 2000. 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. 32. Profit sharing schemes (restrictions on types of shares) Resolved, That (1) In paragraph 9(1) of Schedule 9 to the Income and Corporation Taxes Act 1988, after below there shall be inserted (disregarding paragraph 11A). (2) After paragraph 11 of that Schedule there shall be inserted Page 271 Monday 27th March 2000 1999-2000 Volume 256 Back to top 11A.(1) In the case of a profit sharing scheme, scheme shares must not be shares (a) in an employer company, or (b) in a company that (i) has control of an employer company, and (ii) is under the control of a person or persons within sub-paragraph (2)(b)(i) below in relation to an employer company. (2) For the purposes of this paragraph a company is an employer company if (a) the business carried on by it consists substantially in the provision of the services of the persons employed by it, and (b) the majority of those services are provided to (i) a person who has, or two or more persons who together have, control of the company, or (ii) a company associated with the company. (3) For the purposes of sub-paragraph (2)(b)(ii) above a company shall be treated as associated with another company if both companies are under the control of the same person or persons. (4) For the purposes of sub-paragraphs (1) to (3) above (a) references to a person include a partnership, and (b) where a partner, alone or together with others, has control of a company, the partnership shall be treated as having like control of that company. (5) For the purposes of this paragraph the question whether a person controls a company shall be determined in accordance with section 416(2) to (6). (3) In paragraph 12 of that Schedule (a) in sub-paragraph (1), in paragraph (c) for other than to the end of that paragraph there shall be substituted other than those permitted by sub-paragraph (1A) below., and (b) after sub-paragraph (1) there shall be inserted (1A) Subject to sub-paragraph (1B) below, scheme shares may be subject to (a) restrictions which attach to all shares of the same class, or (b) a restriction authorised by sub-paragraph (2) below. (1B) In the case of a profit sharing scheme, scheme shares must not be subject to any restrictions affecting the rights attaching to those shares which relate to (a) dividends, or (b) assets on a winding-up of the company, other than restrictions which attach to all other ordinary shares in the same company. (4) Paragraphs (1) to (3) of this Resolution shall be deemed to have come into force on 21st March 2000. (5) Paragraphs (2) and (3) of this Resolution do not have effect in relation to shares acquired before 21st March 2000 by the trustees of a profit sharing scheme approved under Schedule 9 to the Income and Corporation Taxes Act 1988. 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. 33. Provision of services through intermediary Resolved, That provision may be made relating to the provision of services through an intermediary. 34. Rent-factoring Resolved, That provision may be made for sums received by way of consideration for the transfer of rent, or by way of premium, under rent-factoring agreements to be chargeable to corporation tax or income tax. 35. Groups of companies etc. Resolved, That provision may be made about groups of companies and consortia for the purposes of corporation tax. Page 272 Monday 27th March 2000 1999-2000 Volume 256 Back to top 36. Enterprise investment scheme Resolved, That provision may be made amending Chapter III of Part VII of the Income and Corporation Taxes Act 1988. 37. Venture capital trusts Resolved, That provision may be made amending Schedule 28B to the Income and Corporation Taxes Act 1988. 38. Research and development Resolved, That provision may be made amending provisions referring to scientific research. 39. Capital allowances Resolved, That provision (including retrospective provision) may be made about capital allowances. 40. Relief for interest on loans to buy annuities Resolved, That provision may be made amending sections 353, 365 and 369 of the Income and Corporation Taxes Act 1988. 41. Tax treatment of acquisition, disposal or revaluation of certain rights Resolved, That provision may be made as to the treatment for tax purposes of amounts relating to the acquisition, disposal or revaluation of (a) certain licences granted under section 1 of the Wireless Telegraphy Act 1949, (b) indefeasible rights to use a telecommunications cable system, or (c) rights derived, directly or indirectly, from any such right as is mentioned in paragraph (a) or (b). 42. Chargeable gains (gifts and trusts) Resolved, That provision (including retrospective provision) may be made amending the Taxation of Chargeable Gains Act 1992 with respect to (a) relief under section 165 or 260 of that Act, (b) gains accruing to trustees, (c) disposals of interests in settled property, and (d) transfers of value by trustees. 43. Chargeable gains (companies) Resolved, That provision may be made about the treatment of the chargeable gains of companies for the purposes of corporation tax (including provision for the recovery of unpaid tax). 44. Double taxation relief The Question being put, That provision may be made amending (a) Part XVIII of the Income and Corporation Taxes Act 1988; and (b) section 278 of the Taxation of Chargeable Gains Act 1992; The House divided. Tellers for the Ayes, Mr Clive Betts, Mr Mike Hall: 307. Tellers for the Noes, Mr Peter Luff, Mr Geoffrey Clifton-Brown: 181. So the Question was agreed to. 45. Controlled foreign companies Resolved, That provision (including provision having retrospective effect) may be made amending Chapter IV of Part XVII of the Income and Corporation Taxes Act 1988. 46. Use of sterling and other currencies Resolved, That provision may be made amending sections 92 to 95 of the Finance Act 1993 and Chapter II of Part II of that Act. 47. Insurance Resolved, That provision may be made (a) about the reserves and reinsurance contracts of certain companies and other persons carrying on general insurance business; and (b) amending sections 431D and 432ZA to 432C of the Income and Corporation Taxes Act 1988 and Schedule 11 to the Finance Act 1996. Page 273 Monday 27th March 2000 1999-2000 Volume 256 Back to top 48. Petroleum revenue tax Resolved, That provision may be made with respect to cases where operating expenditure is incurred by participators during chargeable periods to which section 9(1) of the Oil Taxation Act 1975 applies. 49. Payments under deduction of tax Resolved, That provision may be made about payments under deduction of tax. 50. Film production etc. Resolved, That provision may be made about expenditure on the production or acquisition of films or sound recordings. 51. Stamp duty on conveyance or transfer on sale (rates) The Question being put, That the following provisions shall have effect for the period beginning 28th March 2000 and ending 31 days after the earliest of the dates mentioned in section 50(2) of the Finance Act 1973 (1) In Part I of Schedule 13 to the Finance Act 1999, in the third column of the table in paragraph 4 (a) in the third entry, for 2.5% there shall be substituted 3%; and (b) in the fourth entry, for 3.5% there shall be substituted 4%. (2) This Resolution applies to instruments executed on or after 28th March 2000. (3) But this Resolution does not apply to an instrument giving effect to a contract made on or before 21st March 2000, unless (a) the instrument is made in consequence of the exercise after that date of any option, right of pre-emption or similar right; or (b) the instrument transfers the property in question to, or vests it in, a person other than the purchaser under the contract, because of an assignment (or, in Scotland, assignation) or further contract made after that date. And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of section 50 of the Finance Act 1973; The House divided. Tellers for the Ayes, Mr Clive Betts, Mr Mike Hall: 303. Tellers for the Noes, Mr Peter Atkinson, Mr Geoffrey Clifton-Brown: 178. So the Question was agreed to. 52. Stamp duty on leases (rent) Resolved, That the following provisions shall have effect for the period beginning 28th March 2000 and ending 31 days after the earliest of the dates mentioned in section 50(2) of the Finance Act 1973 (1) In Part II of Schedule 13 to the Finance Act 1999 (a) in paragraph 11, in paragraph 1 of the table, and (b) in paragraph 12(3), in paragraphs 1(a) and (b) of the table, for £500 there shall be substituted £5,000. (2) This Resolution has effect in relation to instruments executed on or after 28th March 2000. And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of section 50 of the Finance Act 1973. 53. Stamp duty (seven year leases) Resolved, That the following provisions shall have effect for the period beginning 28th March 2000 and ending 31 days after the earliest of the dates mentioned in section 50(2) of the Finance Act 1973 (1) In paragraph 12(3) of Schedule 13 to the Finance Act 1999, in paragraph 1 of the Table, for less than 7 years substitute not more than 7 years. (2) Subject to paragraphs (4) to (13), paragraph (1) applies to instruments executed on or after 1st October 1999. Page 274 Monday 27th March 2000 1999-2000 Volume 256 Back to top (3) Paragraphs (4) to (13) apply to (a) leases of land for a term of seven years, and (b) agreements for leases of land for a term of seven years, executed on or after 1st October 1999 and before the commencement date. (4) An instrument to which this paragraph applies which is stamped with the appropriate amount of duty is duly stamped, whenever it was executed. (5) An instrument to which this paragraph applies which (a) immediately before the commencement date was duly stamped, but (b) was stamped with less than the appropriate amount of duty, ceases to be duly stamped on the commencement date. (6) Paragraph (5) applies even if the instrument has been stamped in accordance with section 12(5) of the Stamp Act 1891 with a stamp denoting that it is duly stamped. (7) If an instrument ceases to be duly stamped on the commencement date as a result of paragraph (5) (a) section 12(6) of the Stamp Act 1891 does not apply to it at any time when it is not duly stamped, and (b) section 14(1) of that Act does not apply to it at any time when it is not duly stamped, unless the unpaid duty and any interest or penalty is paid in accordance with that subsection. (8) Section 12A(1) of the Stamp Act 1891 does not prevent an instrument to which this paragraph applies which is stamped with less than the appropriate amount of duty from being stamped with additional duty. (9) Section 14(4) of the Stamp Act 1891 applies in relation to an instrument to which this paragraph applies as if, as respects any time on or after the commencement date, the reference to the law in force at the time when it was executed were to the law in force on the commencement date. (10) Paragraphs (12) and (13) apply for the purpose of applying sections 12 to 13B and 15 to 15B of the Stamp Act 1891 in relation to any additional duty chargeable on an instrument to which this paragraph applies. (11) Those sections continue to apply without modification as respects any other stamp duty chargeable on the instrument. (12) Those sections have effect as respects the additional duty as if (a) the additional duty were the only stamp duty chargeable on the instrument; (b) the instrument had been executed on the commencement date; and (c) in the case of an instrument executed outside the United Kingdom and first received in the United Kingdom before the commencement date, the instrument had been first received in the United Kingdom on the commencement date. (13) Accordingly, those sections apply as respects additional duty as if (a) references to duty were to additional duty; (b) references to stamping were to stamping with additional duty; (c) references to an instrument's being stamped were to its being stamped with additional duty; (d) references to an instrument's being duly stamped were to its being stamped with all the additional duty chargeable on it; (e) references to an instrument's being unstamped were to its not being stamped with any additional duty; (f) references to an instrument's being insufficiently stamped were to its being stamped with insufficient additional duty; (g) references to adjudication, or an appeal, under any of those sections were to adjudication or an appeal under the section in question as it has effect as respects additional duty; and (h) references to the maximum penalty were to the maximum penalty as respects additional duty. Page 275 Monday 27th March 2000 1999-2000 Volume 256 Back to top (14) In this Resolution additional duty, in relation to an instrument, means additional stamp duty chargeable on the instrument as a result of paragraph (1); the appropriate amount of duty, in relation to an instrument, means the stamp duty that would have been chargeable on the instrument if paragraph (1) had had statutory effect when it was executed; and the commencement date means 28th March 2000. And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of section 50 of the Finance Act 1973. 54. Stamp duty (variation by regulations) Resolved, That provision may be made authorising the variation of existing stamp duties by regulations. 55. Stamp duty (land transferred etc for other property) Resolved, That the following provisions shall have effect for the period beginning 28th March 2000 and ending 31 days after the earliest of the dates mentioned in section 50(2) of the Finance Act 1973 (1) Paragraph (2) applies where (a) an instrument transferring or vesting an estate or interest in land would not, apart from this Resolution, be or fall to be treated as a conveyance or transfer on sale for the purposes of stamp duty; but (b) the transfer or vesting of the estate or interest is for consideration; and (c) the consideration is or includes any property (the other property). (2) For the purposes of Part I of Schedule 13 to the Finance Act 1999, the instrument transferring or vesting the estate or interest shall be taken to be a transfer on sale of the estate or interest. (3) If (a) the other property is or includes one or more estates or interests in land, and (b) ad valorem duty is chargeable on the conveyance or transfer of all or any of those estates or interests, the amount of duty that would (apart from this paragraph) be chargeable in consequence of paragraph (2) on the transfer on sale there mentioned shall be reduced (but not below nil) by the total of the ad valorem duty chargeable as mentioned in paragraph (b). (4) If, for the purposes of Part I of Schedule 13 to the Finance Act 1999, the amount or value of the consideration for the transfer on sale mentioned in paragraph (2) would (apart from this paragraph) exceed the market value of the estate or interest immediately before the execution of the instrument transferring or vesting it, the amount or value of the consideration shall be taken for those purposes to be equal to that market value. (5) For the purposes of this Resolution, the market value of property at any time is the price which that property might reasonably be expected to fetch on a sale at that time in the open market. (6) Paragraph (2) has effect even though (a) the transfer or vesting of the estate or interest is the whole or part of the consideration for a sale of the other property; or (b) the transaction is by way of exchange. (7) Paragraph (2) does not affect any charge to stamp duty in respect of the same or any other instrument so far as it relates to the transfer of the other property. (8) This Resolution is subject to paragraph (5) of the Resolution of the House (Stamp duty (transfer of land to connected company)) of 27th March 2000. (9) This Resolution shall be construed as one with the Stamp Act 1891. (10) This Resolution applies to instruments executed on or after 28th March 2000. Page 276 Monday 27th March 2000 1999-2000 Volume 256 Back to top (11) But this Resolution does not apply to an instrument giving effect to a contract made on or before 21st March 2000, unless (a) the instrument is made in consequence of the exercise after that date of any option, right of pre-emption or similar right; or (b) the instrument transfers the property in question to, or vests it in, a person other than the purchaser under the contract, because of an assignment (or, in Scotland, assignation) or further contract made after that date. And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of section 50 of the Finance Act 1973. 56. Stamp duty (transfer of land to connected company) Resolved, That the following provisions shall have effect for the period beginning 28th March 2000 and ending 31 days after the earliest of the dates mentioned in section 50(2) of the Finance Act 1973 (1) This Resolution applies where an estate or interest in land is transferred to or vested in a company (A) and (a) the person transferring or vesting the estate or interest (B) is connected with A; or (b) some or all of the consideration for the transfer or vesting consists of the issue or transfer of shares in a company with which B is connected. (2) For the purposes of Part I of Schedule 13 to the Finance Act 1999, an instrument transferring or vesting the estate or interest shall be taken to be a transfer on sale of the estate or interest. (3) If for those purposes the amount or value of the consideration for the transfer on sale of the estate or interest would, apart from this paragraph, be less than the value determined under paragraph (4), the consideration shall be taken for those purposes to be the value determined under paragraph (4). (4) That value is (a) the market value of the estate or interest immediately before the execution of the instrument transferring or vesting it; but (b) reduced by the value of so much of any actual consideration as does not consist of property. (5) Where (a) apart from this Resolution, an instrument would be chargeable to stamp duty in accordance with the Resolution of the House (Stamp duty: land transferred etc for other property) of 27th March 2000, and (b) apart from that Resolution, the instrument would be chargeable to stamp duty in accordance with this Resolution, the stamp duty chargeable on the instrument shall be determined in accordance with this Resolution (instead of that Resolution). (6) This Resolution applies only if, in consequence of its application, the instrument transferring or vesting the estate or interest is chargeable with a greater amount of stamp duty than it would be apart from this Resolution and that Resolution. (7) For the purposes of this Resolution, the market value of property at any time is the price which that property might reasonably be expected to fetch on a sale at that time in the open market. (8) In this Resolution company means any body corporate; shares includes stock and the reference to shares in a company includes a reference to securities issued by a company. (9) For the purposes of this Resolution, the question whether any person is connected with another shall be determined in accordance with the provisions of section 839 of the Income and Corporation Taxes Act 1988. (10) This Resolution shall be construed as one with the Stamp Act 1891. (11) This Resolution applies to instruments executed on or after 28th March 2000. Page 277 Monday 27th March 2000 1999-2000 Volume 256 Back to top (12) But this Resolution does not apply to an instrument giving effect to a contract made on or before 21st March 2000, unless (a) the instrument is made in consequence of the exercise after that date of any option, right of pre-emption or similar right; or (b) the instrument transfers the property in question to, or vests it in, a person other than the purchaser under the contract, because of an assignment (or, in Scotland, assignation) or further contract made after that date. And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of section 50 of the Finance Act 1973. 57. Stamp duty (grant of lease to connected company) Resolved, That the following provisions shall have effect for the period beginning 28th March 2000 and ending 31 days after the earliest of the dates mentioned in section 50(2) of the Finance Act 1973 (1) This Resolution applies where a lease is granted to a company (A) and (a) the person granting the lease (B) is connected with A; or (b) some or all of the consideration for the grant of the lease consists of the issue or transfer of shares in a company with which B is connected. (2) Paragraph (3) has effect for the purposes of stamp duty chargeable under Part II of Schedule 13 to the Finance Act 1999 by reference to Part I of that Schedule. (3) If, apart from this paragraph, the amount or value of the consideration for the grant would be less than the value determined under paragraph (4), the consideration shall be taken to be the value determined under paragraph (4). (4) That value is (a) the market value, immediately before the instrument granting the lease is executed, of the lease granted; but (b) reduced by the value of so much of any actual consideration as does not consist of property. (5) This Resolution applies only if, in consequence of its application, the lease is chargeable with a greater amount of stamp duty than it would be apart from this Resolution. (6) For the purposes of this Resolution, the market value of property at any time is the price which that property might reasonably be expected to fetch on a sale at that time in the open market. (7) In this Resolution company means any body corporate; shares includes stock and the reference to shares in a company includes a reference to securities issued by a company. (8) For the purposes of this Resolution, the question whether any person is connected with another shall be determined in accordance with the provisions of section 839 of the Income and Corporation Taxes Act 1988. (9) This Resolution shall be construed as one with the Stamp Act 1891. (10) This Resolution applies to instruments executed on or after 28th March 2000. (11) But this Resolution does not apply to an instrument giving effect to a contract made on or before 21st March 2000, unless (a) the instrument is made in consequence of the exercise after that date of any option, right of pre-emption or similar right; or (b) the instrument transfers the property in question to, or vests it in, a person other than the purchaser under the contract, because of an assignment (or, in Scotland, assignation) or further contract made after that date. And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of section 50 of the Finance Act 1973. 58. Stamp duty (marketable securities transferred etc for exempt property) Resolved, That the following provisions shall have effect for the period beginning 28th March 2000 and ending 31 days after the earliest of the dates mentioned in section 50(2) of the Finance Act 1973 Page 278 Monday 27th March 2000 1999-2000 Volume 256 Back to top (1) Paragraph (2) applies where (a) an instrument transferring marketable securities would not, apart from this Resolution, be or fall to be treated as a transfer on sale for the purposes of stamp duty; but (b) the transfer of the marketable securities is for consideration; and (c) the consideration is or includes any qualifying property (the other property). (2) For the purposes of Part I of Schedule 13 to the Finance Act 1999, the instrument transferring the marketable securities shall be taken to be a transfer on sale of those securities. (3) If the amount or value of the consideration for that transfer on sale would (apart from this paragraph) exceed the market value of the marketable securities immediately before the execution of the instrument transferring them, the amount or value of the consideration shall be taken to be equal to that market value. For this purpose the market value of property at any time is the price which that property might reasonably be expected to fetch on a sale at that time in the open market. (4) Paragraph (2) has effect even though (a) the transfer of the marketable securities is the whole or part of the consideration for a sale of the other property; or (b) the transaction is by way of exchange. (5) Paragraph (2) does not affect any charge to stamp duty in respect of the same or any other instrument so far as it relates to the transfer of the other property. (6) In this Resolution qualifying property means any debt due, stock or securities, to the extent that the debt, stock or securities are not chargeable securities, within the meaning of Part IV of the Finance Act 1986. (7) This Resolution shall be construed as one with the Stamp Act 1891. (8) This Resolution applies to instruments executed on or after 28th March 2000. (9) But this Resolution does not apply to an instrument giving effect to a contract made on or before 21st March 2000, unless (a) the instrument is made in consequence of the exercise after that date of any option, right of pre-emption or similar right; or (b) the instrument transfers the property in question to, or vests it in, a person other than the purchaser under the contract, because of an assignment (or, in Scotland, assignation) or further contract made after that date. And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of section 50 of the Finance Act 1973. 59. Stamp duty (miscellaneous) Resolved, That provision may be made (a) amending section 55 of the Stamp Act 1891, section 42 of the Finance Act 1930, section 11 of the Finance Act (Northern Ireland) 1954, sections 75 and 76 of the Finance Act 1986 and section 151 of the Finance Act 1995; and (b) about stamp duty on documents relating to the surrender or renunciation of leases. 60. Stamp duty (intellectual property) Resolved, That the following provisions shall have effect for the period beginning 28th March 2000 and ending 31 days after the earliest of the dates mentioned in section 50(2) of the Finance Act 1973 (1) No stamp duty is chargeable on an instrument for the sale, transfer or other disposition of intellectual property. (2) Where stamp duty under Part I of Schedule 13 to the Finance Act 1999 is chargeable on an instrument and part of the property concerned consists of intellectual property (a) the consideration in respect of which duty would otherwise be charged shall be apportioned, on such basis as is just and reasonable, as between the part of the property which consists of intellectual property and the part which does not, and (b) the instrument shall be charged only in respect of the consideration attributed to such of the property as is not intellectual property. Page 279 Monday 27th March 2000 1999-2000 Volume 256 Back to top (3) Where part of the property referred to in section 58(1) of the Stamp Act 1891 consists of intellectual property, that provision shall have effect as if the parties think fit read is just and reasonable. (4) Where (a) part of the property referred to in section 58(2) of the Stamp Act 1891 consists of intellectual property, and (b) both or (as the case may be) all the relevant persons are connected with one another, that provision shall have effect as if the words from for distinct parts of the consideration to the end of the subsection read , the consideration is to be apportioned in such manner as is just and reasonable, so that a distinct consideration for each separate part or parcel is set forth in the conveyance relating thereto, and such conveyance is to be charged with ad valorem duty in respect of such distinct consideration.. (5) In a case where paragraph (3) or (4) applies and the consideration is apportioned in a manner that is not just and reasonable, the enactments relating to stamp duty shall have effect as if (a) the consideration had been apportioned in a manner that is just and reasonable, and (b) the amount of any distinct consideration set forth in any conveyance relating to a separate part or parcel of property were such amount as is found by a just and reasonable apportionment (and not the amount actually set forth). The enactments relating to stamp duty means the Stamp Act 1891 and any enactment amending or which is to be construed as one with that Act. (6) For the purposes of paragraph (4) (a) a person is a relevant person if he is a person by or for whom the property is contracted to be purchased; (b) the question whether persons are connected with one another shall be determined in accordance with section 839 of the Income and Corporation Taxes Act 1988. (7) Intellectual property shall be disregarded for the purposes of paragraph 6 of Schedule 13 to the Finance Act 1999. (8) Any statement as mentioned in paragraph 6(1) of that Schedule shall be construed as leaving out of account any matter which is to be so disregarded. (9) Section 12 of the Finance Act 1895 does not require any person who is authorised to purchase any property as mentioned in that section after 27th March 2000 to include any intellectual property in the instrument of conveyance required by that section to be produced to the Commissioners. (10) If the property consists wholly of intellectual property no instrument of conveyance need be produced to the Commissioners under that section. (11) Subject to paragraph (12), the preceding paragraphs of this Resolution apply to instruments executed on or after 28th March 2000. (12) Paragraphs (9) and (10) apply where the Act mentioned in section 12 of the Finance Act 1895, and by virtue of which property is vested or a person is authorised to purchase property, is passed after 27th March 2000. (13) In this Resolution intellectual property means (a) any patent, trade mark, registered design, copyright or design right, (b) any plant breeders' rights and rights under section 7 of the Plant Varieties Act 1997, (c) any licence or other right in respect of anything within paragraph (a) or (b), or (d) any rights under the law of a country outside the United Kingdom that correspond or are similar to those within paragraph (a), (b) or (c). And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of section 50 of the Finance Act 1973. 61. Stamp duty (Northern Ireland Assembly Commission) Resolved, That the following provisions shall have effect for the period beginning 28th March 2000 and ending 31 days after the earliest of the dates mentioned in section 50(2) of the Finance Act 1973 (1) Section 55 of the Finance Act 1987 shall be amended as follows. Page 280 Monday 27th March 2000 1999-2000 Volume 256 Back to top (2) In subsection (1) (a) after agreed to be made there shall be inserted (a); (b) after Minister of the Crown or there shall be inserted (b); and (c) after Treasury, or there shall be inserted (c). (3) In subsection (1), after National Assembly for Wales, there shall be inserted or (d) to the Northern Ireland Assembly Commission,. (4) Paragraph (3) has effect in relation to instruments executed on or after 28th March 2000. And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of section 50 of the Finance Act 1973. 62. Landfill tax (rate) The Question being put, That (1) In section 42 of the Finance Act 1996, in subsections (1)(a) and (2) for £10 there shall be substituted £11. (2) This Resolution has effect in relation to taxable disposals made, or treated as made, on or after 1st April 2000. And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968; The House divided. Tellers for the Ayes, Mr Clive Betts, Mr Mike Hall: 334. Tellers for the Noes, Mr Peter Luff, Mr Geoffrey Clifton-Brown: 136. So the Question was agreed to. 63. Landfill tax (recovery) Resolved, That provision may be made about the recovery of landfill tax from persons other than landfill site operators. 64. Relief from tax (incidental and consequential charges) Resolved, That it is expedient to authorise any incidental or consequential charges to any duty or tax (including charges having retrospective effect) which may arise from provisions designed in general to afford relief from taxation. Procedure (Mutual Securing of Excise Duties),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 about security for excise duties charged in other Member States of the European Community. Procedure (Donations to Charity),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 the payment by the Commissioners of Inland Revenue of supplements on sums falling to be paid to charities and other bodies in accordance with schemes approved under section 202 of the Income and Corporation Taxes Act 1988. Procedure (R&D Tax Credits),Resolved, That, notwithstanding anything to the contrary in the practice of the House relating to the matters that may be included in Finance Bills, any Finance Bill of the present Session may contain provision for allowing R&D tax credits to be paid to companies. Procedure (Mutual Exchange of Information),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 giving effect to arrangements made with the government of any territory outside the United Kingdom with a view to the exchange of information necessary for carrying out (a) the domestic laws of the United Kingdom concerning income tax, capital gains tax, corporation tax in respect of income and chargeable gains and inheritance tax; and (b) the laws of the territory to which the arrangements relate concerning any taxes imposed by the laws of that territory which are of a similar character to those taxes, or are chargeable on or by reference to death or gifts inter vivos. Page 281 Monday 27th March 2000 1999-2000 Volume 256 Back to top Procedure (Future Taxation),Resolved, That, notwithstanding anything to the contrary in the practice of the House relating to the matters that may be included in Finance Bills, any Finance Bill of the present Session may contain the following provisions taking effect in a future year (a) provision about air passenger duty; (b) provision for charging climate change levy; (c) provision about children's tax credit; (d) provision for corporation tax to be charged for the financial year 2001; (e) provision about the income tax charge on cars available for private use; (f) provision relating to profit sharing schemes approved under Schedule 9 to the Income and Corporation Taxes Act 1988, including provision relating to individuals to whom shares are appropriated under such schemes and provision about corporation tax relief for payments to trustees of such schemes; (g) provision about relief under section 229 of the Taxation of Chargeable Gains Act 1992; (h) provision relating to retirement benefits schemes, within the meaning of Chapter I of Part XIV of the Income and Corporation Taxes Act 1988; (i) provision relating to personal pension schemes, within the meaning of Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988; (j) provision amending section 660A of the Income and Corporation Taxes Act 1988; and (k) provision about payments under deduction of tax and about returns and other information. Finance [Money],Her Majesty's Recommendation having been signified to the proposed Motion relating to Finance [Money]; Resolved, That, for the purposes of any Act resulting from the Finance Bill, it is expedient to authorise (a) the payment out of money provided by Parliament of sums payable by the Secretary of State by virtue of provisions of that Act relating to vehicle excise and registration; (b) the payment out of money provided by Parliament of such amounts as are required by the Commissioners of Inland Revenue to make payments under provisions of that Act relating to charities; (c) the deduction of sums from the gross revenues of the department of the Commissioners of Inland Revenue for the purpose of the payment of R&D tax credits; and (d) the payment out of money provided by Parliament of sums payable by virtue of provisions of that Act relating to incentives to use electronic communications (i) for the purposes mentioned in section 132(1) of the Finance Act 1999, and (ii) for any other communications with the tax authorities or in connection with taxation matters. Ordered, That a Bill be brought in upon the foregoing Resolutions: And that the Chairman of Ways and Means, Mr Chancellor of the Exchequer, Mr Secretary Prescott, Mr Secretary Straw, Mr Secretary Blunkett, Mr Secretary Darling, Mr Secretary Byers, Mr Secretary Milburn, Mr Andrew Smith, Dawn Primarolo, Mr Stephen Timms and Miss Melanie Johnson do prepare and bring it in.
Page 282 Monday 27th March 2000 1999-2000 Volume 256 Back to top
The House proceeded to a Division. Tuesday 28th March 2000 Tellers for the Ayes, Mr Don Touhig, Mr Robert Ainsworth: 275. Tellers for the Noes, Sir Robert Smith, Mr Andrew Stunell: 44. So the Question was agreed to. Resolved, That the Local Government Finance (England) Special Grant Report (No. 55), on 19992000 Special Grant for Asylum Seekers' Support (Adults and Families of Asylum Seekers) (House of Commons Paper No. 304), which was laid before this House on 6th March, be approved.
And the Motion having been made after Ten o'clock on Monday evening, 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 twenty-three minutes to One o'clock on Tuesday morning, till this day. [Adjourned at 12.37 a.m. APPENDIX I Papers presented or laid upon the Table: Papers subject to Affirmative Resolution:
Papers subject to Negative Resolution:
(2) Bristol Education Action Zone Order 2000 (S.I., 2000, No. 865), dated 22nd March 2000, (3) Derby North East Education Action Zone Order 2000 (S.I., 2000, No. 864), dated 22nd March 2000, (4) Education (School Teachers' Pay and Conditions) Order 2000 (S.I., 2000, No. 868), dated 23rd March 2000, Page 283 Monday 27th March 2000 1999-2000 Volume 256 Back to top (5) Great Yarmouth Achievement Education Action Zone Order 2000 (S.I., 2000, No. 867), dated 22nd March 2000, and (6) North Stockton Community Education Action Zone Order 2000 (S.I., 2000, No. 866), dated 22nd March 2000 [by Act] [Mr Secretary Blunkett].
Other Papers:
(1) Inland Revenue/EDS Strategic Partnership: Award of New Work, and (2) Revenue from Gambling Duties [by Act]; to be printed [Nos. 351 and 352] [Clerk of the House].
APPENDIX II Reports from Select Committees
(2) Memoranda laid before the Committee [Glaxo Wellcome and SmithKline Beecham] [Dr Michael Clark].
[No. 72.] Tuesday 28th March 2000. The House met at half-past Two o'clock. PRAYERS.
Ordered, That the Bill be read the third time on Tuesday 4th April.
Ordered, That the Bill be read a second time on Tuesday 4th April.
Page 284 Tuesday 28th March 2000 1999-2000 Volume 256 Back to top
Report to lie upon the Table; and to be printed [No. 382I]. Minutes of Evidence to lie upon the Table; and to be printed [No. 382II]. Minutes of Proceedings of the Committee to be printed [No. 382II].
Census (Amendment) Bill [Lords]The Lords have passed a Bill to amend the Census Act 1920 to enable particulars to be required in respect of religion; to which the Lords desire the concurrence of this House.
Ordered, That the Explanatory Notes relating to the Census (Amendment) Bill [Lords] be printed [Bill 100EN].
A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 52 (Money resolutions and ways and means resolutions in connection with bills), That, for the purposes of any Act resulting from the Criminal Justice and Court Services Bill, it is expedient to authorise the payment out of money provided by Parliament of: (a) any expenditure incurred by a Minister of the Crown by virtue of the Act; (b) any increase attributable to the Act in the sums payable out of money so provided under any other enactment(Mr Mike Hall):It was agreed to.
Page 285 Tuesday 28th March 2000 1999-2000 Volume 256 Back to top
And it being one and a half hours after the commencement of proceedings on the Motion, the Deputy Speaker put the Question, pursuant to Standing Order No. 16 (Proceedings under an Act or on European Union Documents):It was negatived.
And it being Ten o'clock, the Motion for the Adjournment of the House lapsed, without Question put.
And accordingly the House, having continued to sit till twenty-three minutes past Ten o'clock, adjourned till to-morrow. [Adjourned at 10.23 p.m. APPENDIX I Papers presented or laid upon the Table: Papers subject to Negative Resolution:
Other Papers:
APPENDIX II Standing Committees
Page 286 Tuesday 28th March 2000 1999-2000 Volume 256 Back to top APPENDIX III Reports from Select Committees
[No. 72; WH, No. 42] Tuesday 28th March 2000. The House sitting in Westminster Hall [pursuant to Order of 24th May 1999]. The sitting commenced at Ten o'clock.
And it being One o'clock, the sitting was adjourned without Question put, till to-morrow. [Adjourned at 1.00 p.m. [No. 73.] Wednesday 29th March 2000. The House met at half-past Two o'clock. PRAYERS.
Ordered, That the Bill be further considered on Wednesday 5th April.
Bill, not amended in the Standing Committee, to be considered on Friday 19th May. Minutes of Proceedings of the Committee to be printed [No. 387].
That the Committee takes note of European Union Document No. 12992/99, a draft Council Regulation on the reform of the flax and hemp support regime; and supports the Government's aim of promoting reform of this sector, whilst ensuring that the changes to the regime do not prejudice the future viability of the UK industry. Report, together with Resolution, to lie upon the Table.
Page 287 Wednesday 29th March 2000 1999-2000 Volume 256 Back to top
Ordered, That the Child Support, Pensions and Social Security Bill, as amended, be considered in the following order, namely: New Clauses relating to Part I, amendments relating to Clause 1, Schedule 1, Clauses 2 to 6, Schedule 2, Clauses 7 to 15, Clauses 75 and 76, Schedule 8, Clauses 16 to 26, Schedule 3, Clauses 27 to 29, New Clauses relating to Part III, amendments relating to Clauses 57 to 62, Schedule 6, Clause 63, Schedule 7, Clauses 64 to 68, New Clauses relating to Part IV, amendments relating to Clauses 69 to 74, New Clauses relating to Chapter I of Part II, amendments relating to Clauses 30 and 31, Schedule 4, Clauses 32 to 39, New Clauses relating to Chapter II of Part II, amendments relating to Clauses 40 to 51, Schedule 5, New Clauses relating to Chapter III of Part II, amendments relating to Clauses 52 to 56, Remaining New Clauses, amendments relating to Clauses 77 and 78, Schedule 9, Clauses 79 and 80, New Schedules.(Mr Jeff Rooker.) A Clause (Priority collection and enforcement of child support maintenance)(Mr Eric Pickles)brought up and read the first time. Question proposed, That the Clause be read a second time:Clause, by leave, withdrawn. Another Clause (Child Support Agency: quality standard guarantee)(Mr Eric Pickles)brought up and read the first time. Question proposed, That the Clause be read a second time:Clause, by leave, withdrawn. Amendment (No. 87) proposed to the Bill, in page 83, line 7, at the beginning to insert the words ( ) Where the amount of child support maintenance calculated exceeds such sum as may be prescribed (the maximum sum'), the maximum sum shall be payable by the non-resident parent.'.(Mr Eric Pickles.) Question proposed, That the Amendment be made:Amendment, by leave, withdrawn. Another Amendment (No. 88) proposed to the Bill, in page 83, line 7, at the beginning to insert the words ( )(a) Following the calculation of the amount payable by the non-resident parent the Secretary of State shall determine the net weekly income of the parent with care in like manner to the determination of the net weekly income of the non-resident parent. (b) Where the net weekly income of the parent with care exceeds the net weekly income of the non-resident parent the Secretary of State shall in such manner as may be prescribed reduce the amount of child support maintenance payable by the non-resident parent. (c) Where the non-resident parent is liable to pay child support maintenance to more than one person the provisions of (a) shall apply to each parent with care and the reductions in the amount payable provided for by (b) shall apply to the amounts payable to each of those parents with care in receipt of a net weekly income greater than that of the non-resident parent..'.(Mr Eric Pickles.) Question put, That the Amendment be made. The House divided. Tellers for the Ayes, Mrs Eleanor Laing, Mr Keith Simpson: 165. Tellers for the Noes, Mr Mike Hall, Mrs Anne McGuire: 271. Another Amendment (No. 2) proposed to the Bill, in page 83, line 35, to leave out sub-paragraph 4(1) and insert the words 4.(1) Except in a case falling within sub-paragraph (2), a flat rate of £5 is payable if the nil rate does not apply and the non-resident parent's net weekly income is £100 or less', instead thereof.(Steve Webb.) Question put, That the Amendment be made. The House divided. Tellers for the Ayes, Mr Andrew Stunell, Sir Robert Smith: 33. Tellers for the Noes, Mr Mike Hall, Mrs Anne McGuire: 269. Page 288 Wednesday 29th March 2000 1999-2000 Volume 256 Back to top Amendment (No. 48) made to the Bill. Another Amendment (No. 1) proposed to the Bill, in page 3, line 1, to leave out Clause 2.(Mr Andrew George.) Question proposed, That the Amendment be made:Amendment, by leave, withdrawn. Another Amendment (No. 36) made to the Bill. Another Amendment (No. 79) proposed to the Bill, in page 88, line 16, to leave out subsection (4) and to insert the words (4) For the purposes of sub-paragraph (3)(b) (a) illness may have such meaning as may be prescribed; and (b) disability shall have the same meaning as in section 1(1) of the Disability Discrimination Act 1995; and (c) the question whether an illness or disability is long-term shall be determined in accordance with regulations made by the Secretary of State.', instead thereof.(Mr Andrew George.) Question proposed, That the Amendment be made:Amendment, by leave, withdrawn. Other Amendments (Nos. 37, 38, 42, 43, 82, 44, 53 to 57 and 39 to 41) made to the Bill. Another Amendment (No. 81) proposed to the Bill, in page 20, line 7, at the end to insert the words (9A) Where the parent with care has complied with obligations imposed by section 6 of the 1991 Act, the Secretary of State shall be legally responsible for the confidentiality of information relating to the parent with care.'.(Mr Andrew George.) Question proposed, That the Amendment be made:Amendment, by leave, withdrawn. Other Amendments (Nos. 49 to 52) made to the Bill. Another Clause (Extension of invalid care allowance for bereaved carers)(Mr Paul Burstow)brought up and read the first time. Question proposed, That the Clause be read a second time:Clause, by leave, withdrawn. Another Clause (Manner of payment of benefit not restricted to automated credit transfer)(Steve Webb)brought up and read the first time. Question proposed, That the Clause be read a second time; And it being Ten o'clock, the Debate stood adjourned.
Question again proposed, That the Clause (No. 26) be read a second time:Clause, be leave, withdrawn. Other Amendments (Nos. 26, 27, 15 to 25, 13 and 14) made to the Bill. Another Amendment (No. 78) proposed to the Bill, in page 68, line 5, at the end to insert the words (2) Section 175 of the Social Security Contributions and Benefits Act 1992 shall be amended in accordance with Schedule (Housing Benefit (General) Amendment Regulations 1996).'.(Mr Paul Burstow.) Question put, That the Amendment be made. The House divided. Tellers for the Ayes, Mr Don Foster, Mr Andrew George: 34. Tellers for the Noes, Jim Dowd, Mr Robert Ainsworth: 260. Ordered, That further consideration of the Bill be now adjourned.(Mr Greg Pope.) Bill to be further considered to-morrow. Page 289 Wednesday 29th March 2000 1999-2000 Volume 256 Back to top
(1) Pamela M. Combes against proposals for housing development in Hampshire, (2) farmers in the Midlands in support of the viable production of British food and maintenance of the countryside, and (3) residents of Brill in Buckinghamshire against the installation of antennae in densely populated areas of Brill were presented and read; and ordered to lie upon the Table and to be printed.
Thursday 30th March 2000 And the Question being put; Resolved, That this House do now adjourn. And accordingly the House, having continued to sit till eight minutes past Twelve o'clock on Thursday morning, adjourned till this day. [Adjourned at 12.08 a.m. APPENDIX I Papers presented or laid upon the Table: Papers subject to Negative Resolution:
(2) Taxes (Interest Rate) (Amendment) Regulations 2000 (S.I., 2000, No. 893), dated 29th March 2000 [by Act] [Dawn Primarolo]. Other Papers:
Page 290 Wednesday 29th March 2000 1999-2000 Volume 256 Back to top
APPENDIX II Standing Committees
(1) The Speaker has allocated the Bill to Standing Committee C, and has appointed Mr Roger Gale Chairman; and (2) The Committee of Selection has nominated nineteen Members to serve on the Committee, viz.: Mr David Amess, Mr Tony Baldry, Mr Tom Brake, Mr Simon Burns, Mr Roger Casale, Sir Sydney Chapman, Mr David Chaytor, Mr David Drew, Mrs Linda Gilroy, Mr Damian Green, Mr Kelvin Hopkins, Ms Jenny Jones, Mr Chris Mullin, Mr Terry Rooney, Mr Alan Simpson, Mr Andrew Stunell, Mr David Taylor, Joan Walley and Mr Mike Wood.
(1) The Speaker has allocated the Bill to Standing Committee G, and has appointed Mr John Maxton and Sir David Madel Chairmen; and (2) the Committee of Selection has nominated twenty Members to serve on the Committee, viz.: Mr David Amess, Mr Tony Baldry, Jackie Ballard, Mr Paul Boateng, Mr John Burnett, Mr John Cryer, Mr Hilton Dawson, Mr Mike Hall, Mr Nick Hawkins, Mrs Joan Humble, Jane Kennedy, Mr David Lidington, Mr Peter Luff, Mr Tony McWalter, Laura Moffatt, Dr Doug Naysmith, Bridget Prentice, Mr Marsha Singh, Angela Smith and Dr George Turner.
(1) The Speaker has allocated the draft Regulations to the Second Standing Committee on Delegated Legislation, and has appointed Mr Eric Illsley Chairman; and (2) the Committee of Selection has nominated sixteen Members to serve on the Committee, viz.: Mr Peter Atkinson, Mr Kevin Barron, Mr Clive Betts, Dr Peter Brand, Mr Ronnie Campbell, Ann Clwyd, Ms Beverley Hughes, Ms Fiona Jones, Mr Terry Lewis, Mr Tim Loughton, Mr Mark Oaten, Mr Laurence Robertson, Mr Richard Shepherd, Mr Alan Simpson, Mr Dennis Skinner and Mr Phil Woolas.
(1) The Speaker has allocated the Report to the Third Standing Committee on Delegated Legislation, and has appointed Mr Nicholas Winterton Chairman; and Page 291 Wednesday 29th March 2000 1999-2000 Volume 256 Back to top (2) the Committee of Selection has nominated sixteen Members to serve on the Committee, viz.: Mr Robert Ainsworth, Mr Richard Allan, Mr Peter Atkinson, Mr Tom Brake, Mr Tony Colman, Mr Jeremy Corbyn, Mr Neil Gerrard, Ms Harriet Harman, Mr Keith Hill, Mr John McDonnell, Mr Stephen Pound, Joan Ruddock, Mr Robert Syms, Mr Michael Trend, Mr Peter Viggers and Mr Phil Woolas.
(1) The Speaker has allocated the draft Order to the Fourth Standing Committee on Delegated Legislation, and has appointed Mr John Butterfill Chairman; and (2) the Committee of Selection has nominated sixteen Members to serve on the Committee, viz.: Mr Peter Atkinson, Jackie Ballard, Mr Nigel Beard, Ms Karen Buck, Mr Paul Clark, Mr Frank Field, Mrs Eileen Gordon, Mr Win Griffiths, Mr Nick Hawkins, Mr Simon Hughes, Mr Andrew Hunter, Glenda Jackson, Mr David Lock, Mrs Anne McGuire, Mr Stephen O'Brien and Dr Phyllis Starkey.
(1) The Speaker has allocated the Special Grant Reports to the Fifth Standing Committee on Delegated Legislation, and has appointed Mr Jonathan Sayeed Chairman; and (2) the Committee of Selection has nominated sixteen Members to serve on the Committee, viz.: Mr Tony Baldry, Mr Paul Burstow, Mr Iain Coleman, Maria Eagle, Mr Clive Efford, Mrs Louise Ellman, Mr Andrew George, Mr Patrick Hall, Mr Philip Hammond, Mr John Hutton, Mr David Jamieson, Helen Jones, Dr Julian Lewis, Mr James Plaskitt, Ms Debra Shipley and Mr Keith Simpson.
(1) The Speaker has allocated the Order to the Sixth Standing Committee on Delegated Legislation, and has appointed Mr Jonathan Sayeed Chairman; and (2) the Committee of Selection has nominated sixteen Members to serve on the Committee, viz.: Mr Simon Burns, Dr Vincent Cable, Mrs Anne Campbell, Dr David Clark, Mr Brian Cotter, Mr Denzil Davies, Mr David Faber, Mr Michael Foster, Mr Nick Gibb, Dr Kim Howells, Mrs Eleanor Laing, Mr Greg Pope, Sir Raymond Powell, Mr Mohammad Sarwar, Mr Brian White and Mr Mike Wood. European Standing Committees
APPENDIX III Reports from Select Committees
(2) Minutes of Evidence taken before the Committee [Proposed Urban White Paper]; to be printed [No. 185-v] [Mr Andrew F. Bennett]; and Page 292 Wednesday 29th March 2000 1999-2000 Volume 256 Back to top (3) Minutes of Evidence taken before the Transport Sub-Committee of the Committee [The Road Haulage Industry]; to be printed [No. 296-iv] [Mrs Gwyneth Dunwoody].
(2) Minutes of Evidence taken before the Committee [Inpatient Admissions and Bed Management in NHS Acute Hospitals]; to be printed [No. 391-i] [Mr David Davis].
(2) Further Memorandum laid before the Committee [Making Government Work: Civil Service Reform]; to be printed [No. 238-i] [Mr Brian White].
(2) Memoranda laid before the Committee [The Government's Expenditure on Research and Development: Forward Look 1999] [Dr Michael Clark].
(2) Minutes of Evidence taken before the Committee [The Work of the Scotland Office since Devolution]; to be printed [No. 390-i] [Mr David Marshall].
[No. 73; WH, No. 43] Wednesday 29th March 2000. The House sitting in Westminster Hall [pursuant to the Order of 24th May 1999]. The sitting commenced at half-past Nine o'clock.
And it being Two o'clock, the sitting was adjourned without Question put, till to-morrow. [Adjourned at 2.00 p.m. Page 293 Wednesday 29th March 2000 1999-2000 Volume 256 Back to top [No. 74.] Thursday 30th March 2000. The House met at half-past Eleven o'clock. PRAYERS.
Ordered, That the Bill be considered on Thursday 6th April.
Ordered, That the Bill be read a second time on Thursday 6th April.
Ordered, That the Bill be read a second time on Thursday 6th April.
Ordered, That the Bill be read a second time on Thursday 6th April.
Minutes of Proceedings of the Committee to lie upon the table.
Ordered, That the Explanatory Notes relating to the Television Licences (Disclosure of Information) Bill be printed [Bill 102EN].
And a Motion being made, and the Question being proposed, That the Bill be now read a second time; An Amendment was proposed to the Question, to leave out from the word That' to the end of the Question and add the words this House declines to give a Second Reading to the Learning and Skills Bill [Lords] because it increases bureaucracy and central control in the provision of education to young people over 16 and adults, diminishes the role of democratically elected local education authorities, poses a threat to school sixth forms and the independence of further education colleges, destroys the TEC network and weakens business involvement in education and training, creates an anomalous and incoherent inspection system, and would curtail funding for informal education for all young people through the statutory and voluntary youth service; and because it lacks strategic vision and continuity in the progression of young people from the years of compulsory schooling through the transition to further and higher education and thereby to working life and lifelong learning', instead thereof.(Mrs Theresa May.) And the Question being put, That the Amendment be made; The House divided. Tellers for the Ayes, Mr Geoffrey Clifton-Brown, Mr John Randall: 119. Tellers for the Noes, Mr Don Touhig, Mr Clive Betts: 280. So the Question was negatived. And the Main Question being put forthwith, pursuant to Standing Order No. 62 (Amendment on second or third reading):It was agreed to. The Bill was accordingly read a second time and stood committed to a Standing Committee.
A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 52 (Money resolutions and ways and means resolutions in connection with Page 294 Thursday 30th March 2000 1999-2000 Volume 256 Back to top bills), That, for the purposes of any Act resulting from the Learning and Skills Bill [Lords], it is expedient to authorise the payment out of money provided by Parliament of (a) any expenditure of the Secretary of State incurred in consequence of the Act; (b) any increase attributable to the Act in the sums payable out of money so provided under any other enactment(Mr Mike Hall):It was agreed to.
And accordingly the House, having continued to sit till sixteen minutes to Eight o'clock, adjourned till Monday 3rd April. [Adjourned at 7.44 p.m. APPENDIX I Papers presented or laid upon the Table: Papers subject to Affirmative Resolution:
Papers subject to Negative Resolution:
Other Papers:
(1) the Petitions [1st, 16th and 21st March] from residents of the constituency of Vale of York, residents of the Skipton and Ripon constituency and residents of Torbay calling Page 295 Thursday 30th March 2000 1999-2000 Volume 256 Back to top for a review of proposals to pay benefits directly into bank accounts instead of via post offices, and (2) the Petition [7th March] from residents of Cheshire for an increase in the state pension [by Standing Order]; to be printed [Clerk of the House].
(1) Aston and Nechells Education Action Zone, (2) Blackburn with Darwen Education Action Zone, (3) East Basildon Education Action Zone, and (4) Kitts Green and Shard End Education Action Zone for 199899, with the Reports of the Comptroller and Auditor General thereon [by Act]; to be printed [Nos. 393, 395, 394 and 392] [Clerk of the House].
(2) Supplementary Report by the Government Actuary, specifying the rate at which supplementary contributions shall be paid from 1st April 2002 so as to remove within the period of 40 years beginning on 1st April 2000 the deficiency as at 31st March 1996 between assets and liabilities of the Teachers' Pension Scheme (England and Wales) [by Statutory Instrument] [Mr Secretary Blunkett].
APPENDIX II Standing Committees
APPENDIX III Reports from Select Committees
[No. 74; WH, No. 44] Thursday 30th March 2000. The House sitting in Westminster Hall [pursuant to Order of 24th May 1999]. The sitting commenced at half-past Two o'clock.
And accordingly the sitting was adjourned till Tuesday 4th April. [Adjourned at 5.26 p.m.
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