Amendments proposed to the Finance Bill - continued	House of Commons
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Mr Michael Howard
Mr Howard Flight
Mr Stephen O'Brien
Mr Mark Prisk
Mr David Wilshire

210

Schedule     29,     page     354,     line     16,     at end insert—

    '(3A)   Where any outstanding section 87/89 gains of a settlement are brought into the settlement's Schedule 4C pool by virtue of any provision of this Schedule, they shall thereafter no longer be available for attribution to beneficiaries of that settlement under sections 87(4) or 89(2), nor shall they thereafter be outstanding trust gains of that settlement within the meaning of section 90(2) or (3) on any subsequent occasion to which section 90 might otherwise apply.'.

   

Mr Michael Howard
Mr Howard Flight
Mr Stephen O'Brien
Mr Mark Prisk
Mr David Wilshire

212

Schedule     29,     page     355,     line     12,     after 'the', insert 'available'.

   

Mr Michael Howard
Mr Howard Flight
Mr Stephen O'Brien
Mr Mark Prisk
Mr David Wilshire

211

Schedule     29,     page     356,     line     34,     at end insert—

    '(4)   Where in any year gains are attributed under section 87(4) or section 89(2) to beneficiaries who are chargeable to tax within the meaning of paragraph 8(4), the amount so attributed shall in future years thereafter no longer form part of the Schedule 4C pool of any settlement which is a relevant settlement in relation to that pool.'.

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Mr Michael Howard
Mr Howard Flight [R]
Mr Stephen O'Brien
Mr Mark Prisk
Mr David Wilshire

290

Clause     175,     page     111,     line     18,     at end insert—

    '(1A)   The provisions of Schedule 36 have effect in relation to adult placement carers with the modifications specified in subsections (1B) to (1G) below.

    (1B)   References to the "provision of foster care" are to the provision of services under a placement agreement as an adult placement carer.

    (1C)   The expressions "placement agreement" and "adult placement carer" have the meanings given to them by subsection (1H) and (1J) below, and paragraph 4 does not apply.

    (1D)   References to a "foster care arrangement" are to arrangements by which an individual provides services under a placement agreement as an adult placement carer otherwise than as part of a trade, profession or vocation carried on by that individual.

    (1E)   References to "foster care receipts" and "total foster care receipts" are to receipts in respect of the provision of services under a placement agreement as an adult placement carer.

    (1F)   References to a child are to a service user under a placement agreement.

    (1G)   The weekly amount for a service user for the purposes of ascertaining the individual's limit is £270, and paragraph 8(2) does not apply.

    (1H)   A "placement agreement" is an agreement between a service user, an adult placement carer and the local authority or other agency that manages an adult placement scheme (see subsection (1K)), which makes provision for the terms under which the service user is to be accommodated, cared for or supported by the adult placement carer under the adult placement scheme.

    (1J)   An "adult placement carer" is a person approved by an adult placement scheme (see subsection (1K)) who provides short or long term accommodation, care or support in their home to vulnerable adults placed with them through and supported by the adult placement scheme.

    (1K)   An "adult placement scheme" is a scheme managed by a local authority or independent (profit or non-profit making) agency, and working to government guidelines and standards in England and Wales, Scotland and Northern Ireland, which is responsible:—

(a)	for recruiting, assessing, training and supporting adult placement carers;

(b)	for taking referrals, matching and placing service users with adult placement carers; and

(c)	for supporting and maintaining the placement.'.

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Mr Michael Howard
Mr Howard Flight
Mr Stephen O'Brien
Mr Mark Prisk
Mr David Wilshire

203

Schedule     36,     page     408,     line     23,     at end insert—

    '(7)   The Treasury may by order substitute, for the fixed amount in sub-paragraph (1), a higher figure in relation to a residence in a high-cost area designated by them for the purposes of this paragraph.'.

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Mr Michael Howard
Mr Howard Flight [R]
Mr Stephen O'Brien
Mr Mark Prisk
Mr David Wilshire

295

Schedule     41,     page     428,     line     21,     at end insert—

    '(7ZB)   For the purposes of this section an Administrator (who is the proper officer of a company) may elect that sub-sections (3) (da) and (7ZA) do not apply.

    (7ZC)   An election under subsection (7ZB) must be made—

(a)	in writing,

(b)	to the Inland Revenue,

(c)	no later than one year after the date the company enters administration

    (7ZD)   An election under subsection (7ZB) is irrevocable.'.

   

Mr Michael Howard
Mr Howard Flight [R]
Mr Stephen O'Brien
Mr Mark Prisk
Mr David Wilshire

296

Schedule     41,     page     428,     line     23,     leave out '(7ZA)' and insert '(7ZD)'.

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Mr Michael Howard
Mr Howard Flight [R]
Mr Stephen O'Brien
Mr Mark Prisk
Mr David Wilshire

207

Clause     194,     page     126,     line     16,     leave out 'any of subsections (1) to' and insert 'the definition of "the Mutual Assistance Directive" in subsection'.

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Mr Michael Howard
Mr Howard Flight [R]
Mr Stephen O'Brien
Mr Mark Prisk
Mr David Wilshire

200

Clause     196,     page     127,     line     7,     after 'made', insert 'after consultation and agreement'.

   

Mr Michael Howard
Mr Howard Flight [R]
Mr Stephen O'Brien
Mr Mark Prisk
Mr David Wilshire

288

Clause     196,     page     127,     line     41,     after 'for', insert 'the immediate benefit of'.

   

Mr Michael Howard
Mr Howard Flight [R]
Mr Stephen O'Brien
Mr Mark Prisk
Mr David Wilshire

289

Clause     196,     page     127,     line     43,     at end insert ', being a description in respect of which the Community obligation or arrangements referred to in subsection (1) above apply.'.

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Mr Michael Howard
Mr Howard Flight [R]
Mr Stephen O'Brien
Mr Mark Prisk
Mr David Wilshire

284

Clause     207,     page     138,     line     13,     leave out subsection (3) and insert—

    '(3)   For subsection (3) substitute—

    "(3)   For the purposes of making their determination under sub-section (1)(b) the Treasury shall be required to apply generally accepted accounting practices in determining whether all or part of any payments represent such interest as is referred to in that sub-section.".'.

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Mr Michael Howard
Mr Howard Flight [R]
Mr Stephen O'Brien
Mr Mark Prisk
Mr David Wilshire

282

Clause     208,     page     138,     line     24,     at end insert 'such determination to be made in accordance with generally accepted accounting practice.'.

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Mr Michael Howard
Mr Howard Flight [R]
Mr Stephen O'Brien
Mr Mark Prisk
Mr David Wilshire

283

Clause     209,     page     138,     line     31,     leave out 'as the Treasury consider appropriate' and insert 'as conforms with generally accepted accounting practice.'.

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NEW CLAUSES

Tax credits for individual savings accounts and personal equity plans

   

Mr Michael Howard [R]
Mr Howard Flight [R]
Mr Stephen O'Brien [R]
Mr Mark Prisk [R]
Mr David Wilshire

NC1

To move the following Clause:—

       '.—Section 76(1)(a) of the Finance Act 1998 (c. 36) shall cease to have effect.'.

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Top rate of income tax

   

Adam Price
Mr Elfyn Llwyd
Mr Simon Thomas
Mr Hywel Williams

NC2

To move the following Clause:—

       'A top rate of income tax (on earnings over £50,000) shall be charged for the year 2003-04, and for that year the top rate shall be charged at 50%.'.

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Debits and credits treated as relating to capital expenditure

   

Mr Michael Howard
Mr Howard Flight [R]
Mr Stephen O'Brien
Mr Mark Prisk
Mr David Wilshire

NC3

To move the following Clause—

    '.—(1)   Paragraph 14 of Schedule 9 to the Finance Act 1996 (debits and credits treated as relating to capital expenditure) is amended as follows:

    (2)   After sub-paragraph (1) insert—

    "(1A)   This paragraph also applies where any debit or credit given by an authorised accounting method for any accounting period in respect of a loan relationship of a company is allowed by generally accepted accounting practice to be treated, in the accounts of the company, as an amount brought into account in determining the value of a financial asset.".

    (3)   After sub-paragraph (3) insert—

    "(4)   For the purpose of sub-paragraph (1A) above a "financial asset" is as defined by Financial Reporting Standard 5 issued in April 1994 by the Accounting Standards Board, as from time to time amended.".'.

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Transfers between settlements

   

Mr Michael Howard
Mr Howard Flight
Mr Stephen O'Brien
Mr Mark Prisk
Mr David Wilshire

NC4

To move the following Clause:—

       '. Section 90 of the Taxation of Chargeable Gains Act 1992 (transfers between settlements) is amended with effect from 9th April 2003, by deleting sub-paragraph 90(5).'.

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ORDER OF THE HOUSE [6th MAY 2003]

That the following provisions shall apply to the Finance Bill:

Committal

    1.—(1)   Clauses 1, 4, 5, 9, 14, 22, 42, 56, 57, 124, 130 to 135, 138, 139, 148 and 184 and Schedules 5, 6, 19, 21, 22 and 25, and any new Clauses and Schedules tabled by Friday 9th May 2003 relating to excise duty on spirits or R&D tax credits for oil exploration, shall be committed to a Committee of the whole House.

    (2)   The remainder of the Bill shall be committed to a Standing Committee.

    2.   Proceedings in Committee of the whole House shall be completed in two days.

    3.—(1)   Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on 12th June 2003.

    (2)   The Standing Committee shall have leave to sit twice on the first day on which it meets.

    4.   When the provisions of the Bill considered, respectively, by the Committee of the whole House and by the Standing Committee have been reported to the House, the Bill shall be proceeded with as if it had been reported as a whole to the House from the Standing Committee.

Other proceedings

    5.   Any other proceedings on the Bill may be programmed.

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ORDER OF THE HOUSE [8th MAY 2003]

That the programme order of 6th May 2003 shall be amended by the substitution in paragraph 1(1) (provisions committed to Committee of the whole House) of the words 'Schedules Nos. 5, 6, 19 and 25' for the words 'Schedules Nos. 5, 6, 19, 21, 22 and 25'.

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ORDER OF THE COMMITTEE [15th MAY 2003], AS AMENDED

    That—   

(1)	during proceedings on the Finance Bill the Standing Committee do meet when the House is sitting on Tuesdays and Thursdays at 8.55 a.m. and 2.30 p.m., except on Tuesday 3rd June when it shall meet at 10.30 a.m. and at 4.30 p.m. and on Thursday 5th June when it shall meet only at 8.55 a.m.;

(2)	the proceedings shall be taken in the order shown in the first column of the following Table, and shall (so far as not previously concluded) be brought to a conclusion at the times specified in the second column of the Table:—

TABLE

Proceedings	Time for conclusion of proceedings
Clauses 2, 3, 6 to 8, 10 to 13 and 15 to 19, Schedule 1, Clauses 20, 21 and 23, Schedule 2, Clauses 24 to 41, 147 and 149 to 151, Schedule 26, Clauses 152 to 154, Schedule 27, Clauses 155 and 163 to 166, Schedule 30, Clause 167, Schedule 31, Clause 168, Schedule 32, Clause 169, Schedule 33, Clause 170, Schedule 34, Clauses 171 and 172, Schedule 35, Clause 173, Schedules 21 and 22	5.00 p.m. on Thursday 22nd May
Clauses 43 to 49, Schedule 3, Clause 50, Schedule 4, Clauses 51 to 55 and 58 to 62, Schedule 7, Clauses 63 to 68, Schedule 8, Clauses 69 and 70, Schedule 9, Clauses 71 to 78, Schedule 10, Clause 79, Schedule 11, Clauses 80 to 91, Schedule 12, Clauses 92 and 93, Schedule 13, Clauses 94 to 99, Schedule 14, Clauses 100 to 104, Schedule 15, Clause 105, Schedule 16, Clauses 106 to 115, Schedule 17, Clauses 116 to 123, Schedule 18, Clause 125, Schedule 20, Clauses 126 to 129, 136, 137 and 140, Schedule 23, Clauses 141 and 142, Schedule 24, Clauses 143 to 146	11.25 a.m. on Tuesday 10th June
Clauses 156 to 158, Schedule 28, Clauses 159 to 162, Schedule 29, Clauses 174 and 175, Schedule 36, Clauses 176 and 177, Schedule 37, Clauses 178 to 180, Schedule 38, Clause 181, Schedule 39, Clauses 182, 183 and 200, Clauses 185 to 192, Schedule 40, Clause 193, Schedule 41, Clauses 194 to 197, Schedule 42, Clauses 198, 199 and 201 to 213, Schedule 43, Clause 214, new Clauses, new Schedules, any remaining proceedings on the Bill.	5.00 p.m. on Thursday 12th June

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Prepared 5 Jun 2003