sc1612006.333-339

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.A.
333

House of Commons

Tuesday 20th June 2006

Standing Committee Proceedings

Standing Committee A

Finance (No. 2) Bill

(except Clauses 13 to 15, 26, 61, 91 and 106, Schedule 14, and new Clauses relating to the effect

of provisions of the Bill on section 18 of the Inheritance Tax Act 1984)

[TWENTIEth and TWENTY-FIRST Sittings]

Mrs Theresa Villiers

Mr Mark Francois

Mr Mark Hoban

Mr Paul Goodman

Andrew Selous

Not called  121

Schedule  21,  page  141,  line  12  [Vol II],  leave out ‘50’ insert ‘10’.

Mrs Theresa Villiers

Mr Mark Francois

Mr Mark Hoban

Mr Paul Goodman

Andrew Selous

Withdrawn  122

Schedule  21,  page  142,  line  33  [Vol II],  leave out ‘residential property’ and

insert ‘property that is normally used or adapted for use as one or more dwellings’.

Mrs Theresa Villiers

Mr Mark Francois

Mr Mark Hoban

Mr Paul Goodman

Andrew Selous

Not called  123

Schedule  21,  page  142,  line  34  [Vol II],  leave out from ‘is’ to end of line 34 and

add ‘any personal chattels other than choses in action (or in Scotland any moveable

property other than incorporeal moveable property).’.

Mrs Theresa Villiers

Mr Mark Francois

Mr Mark Hoban

Mr Paul Goodman

Andrew Selous

Not called  124

Schedule  21,  page  142,  line  36  [Vol II],  leave out paragraph 7.

S.C.A.  Standing Committee Proceedings: 20th June 2006
334

Finance (N, continued

Mrs Theresa Villiers

Mr Mark Francois

Mr Mark Hoban

Mr Paul Goodman

Andrew Selous

Not called  125

Schedule  21,  page  143,  line  11  [Vol II],  at end insert ‘but subject to paragraph

8(2)—’.

Mrs Theresa Villiers

Mr Mark Francois

Mr Mark Hoban

Mr Paul Goodman

Andrew Selous

Not called  126

Schedule  21,  page  143,  line  22  [Vol II],  after ‘(2)’, insert ‘Except where a

member or related person as defined in section 4 is resident,’.

Mrs Theresa Villiers

Mr Mark Francois

Mr Mark Hoban

Mr Paul Goodman

Andrew Selous

Not moved  127

Schedule  21,  page  145,  line  12  [Vol II],  leave out ‘any’ and insert ‘the’.

Mrs Theresa Villiers

Mr Mark Francois

Mr Mark Hoban

Mr Paul Goodman

Andrew Selous

Not moved  128

Schedule  21,  page  145  [Vol II],  leave out lines 18 to 22.

Dawn Primarolo

Agreed to  393

Schedule  21,  page  151,  line  31  [Vol II],  at beginning insert ‘For the purposes of

paragraph 23’.

Mrs Theresa Villiers

Mr Mark Francois

Mr Mark Hoban

Mr Paul Goodman

Andrew Selous

Not called  129

Schedule  21,  page  152,  line  8  [Vol II],  leave out ‘10% or more’ and insert ‘more

than 10%’.

Mrs Theresa Villiers

Mr Mark Francois

Mr Mark Hoban

Mr Paul Goodman

Andrew Selous

Not called  130

Schedule  21,  page  152,  line  10  [Vol II],  leave out ‘10% or more’ and insert

S.C.A.  Standing Committee Proceedings: 20th June 2006
335

Finance (N, continued

‘more than 10%’.

Mrs Theresa Villiers

Mr Mark Francois

Mr Mark Hoban

Mr Paul Goodman

Andrew Selous

Not called  133

Schedule  21,  page  152,  line  11 [Vol II],  leave out ‘10% or more’ and insert ‘more

than 10%’.

Mrs Theresa Villiers

Mr Mark Francois

Mr Mark Hoban

Mr Paul Goodman

Andrew Selous

Not called  131

Schedule  21,  page  154,  line  34  [Vol  II],  leave out ‘(a) any member of the

pension scheme’.

Mrs Theresa Villiers

Mr Mark Francois

Mr Mark Hoban

Mr Paul Goodman

Andrew Selous

Withdrawn  132

Schedule  21,  page  159,  line  27  [Vol II],  leave out from ‘occurs’ to end of line 30

and insert—

‘(a)
the property becoming residential property;’.

Schedule, as amended, Agreed to.

Mrs Theresa Villiers

Mr Mark Francois

Mr Mark Hoban

Mr Paul Goodman

Andrew Selous

Withdrawn  141

Clause  160,  page  134,  line  39 [Vol I],  leave out ‘because’ and insert ‘following the

receipt’.

Mrs Theresa Villiers

Mr Mark Francois

Mr Mark Hoban

Mr Paul Goodman

Andrew Selous

Not called  142

Clause  160,  page  135,  line  1 [Vol I],  leave out ‘envisaged’ and insert ‘intended’.

S.C.A.  Standing Committee Proceedings: 20th June 2006
336

Finance (N, continued

Mrs Theresa Villiers

Mr Mark Francois

Mr Mark Hoban

Mr Paul Goodman

Andrew Selous

Not called  143

Clause  160,  page  135,  line  7 [Vol I],  leave out ‘1’ and insert ‘10’.

Clause Agreed to.

Clause 161 Agreed to.

Dawn Primarolo

Agreed to  381

Schedule  22,  page  176,  line  40  [Vol II],  at end insert—

‘Interest

8A
In section 233(1)(c) (interest on unpaid tax), for “or 126” substitute “, 126 or

151B”.’.

Schedule, as amended, Agreed to.

Clause 162 Agreed to.

Dawn Primarolo

Agreed to  394

Schedule  23,  page   180,  line  36  [Vol  II],  leave out lines 36 to line 42 and

insert—

‘(a)
where no employment of the member to which the pension scheme

relates is or has been other than contracted-out employment by

reference to the pension scheme, is 125% of the rate of the basic

pension at that time or such higher percentage of that rate as the

Treasury may by regulations prescribe,

(b)
where no such employment of the member is or has been contracted-

out employment by reference to the pension scheme, is 250% of the

rate of the basic pension at that time or such higher percentage of that

rate as the Treasury may by regulations prescribe, and

(c)
otherwise, is such percentage of the rate of the basic pension at that

time falling between the percentages for the time being specified

under or by virtue of paragraphs (a) and (b) as the Treasury by

regulations prescribe;


and regulations under paragraph (c) may prescribe different percentages for

different cases.’.

Dawn Primarolo

Agreed to  395

Schedule  23,  page  183,  line  13  [Vol  II],  at end insert—

S.C.A.  Standing Committee Proceedings: 20th June 2006
337

Finance (N, continued

    ‘(4)
In sub-paragraph (7), for “an amount crystallised by” substitute “the relevant

amount in the case of”.’.

Dawn Primarolo

Agreed to  396

Schedule  23,  page  185,  line  32  [Vol  II],  at end insert—

‘Amendments and transitionals

32A(1)
Section 281 (minor and consequential amendments) is amended as follows.

      (2)
After subsection (2) insert—

“(2A)
The Treasury may by order make in any relevant enactment such

amendments (including repeals and revocations) as may appear

appropriate in consequence of, or otherwise in connection with, any

amendment (or repeal or revocation) made in this Part by any

enactment contained in an Act passed after this Act (an “amending

Act”).

(2B)
For this purpose a relevant enactment is—

(a)
an enactment contained in an Act passed, or

(b)
an instrument made,


before the passing of the amending Act or in the Session in which the

amending Act is passed.”

      (3)
In subsection (3), after “(2) insert “or (2A)”.

      (4)
After that subsection insert—

“(4)
An order under subsection (2) or (2A) may include provision having

effect in relation to times before it is made if it does not increase any

person’s liability to tax.”

32B(1)
Section 283 (transitionals and savings) is amended as follows.

      (2)
After subsection (3) insert—

“(3A)
The Treasury may by order make any transitional provision which

may appear appropriate in consequence of, or otherwise in connection

with, any amendment (or repeal or revocation) made in this Part by

any enactment contained in an Act passed after this Act (an “amending

Act”).

(3B)
An order under subsection (3A) may, in particular, include savings

from the effect of any amendment (or repeal or revocation) made by

the amending Act.

(3C)
An order under subsection (2) or (3A) may include provision having

effect in relation to times before it is made if it does not increase any

person’s liability to tax.”

      (3)
In subsections (4) and (5), after “(2)” insert “or (3A)”.’.

Dawn Primarolo

Agreed to  397

Schedule  23,  page  190,  line  26  [Vol  II],  leave out from ‘for’ to end of line 28

and insert ‘ “of a pension scheme” there were substituted “of any arrangement within

paragraph 15A(4) under a pension scheme”.’.

Schedule, as amended, Agreed to.

S.C.A.  Standing Committee Proceedings: 20th June 2006
338

Finance (N, continued

Clauses 163 and 164 Agreed to.

Schedule 24 Agreed to.

Clause 165 Agreed to.

Dawn Primarolo

Agreed to  382

Schedule  25,  page  198,  line  39  [Vol II],  at end insert—

      ‘()
At the end of that paragraph insert—

  “(7)
The reference to a lease in sub-paragraph (1) is to—

(a)
a lease actually granted on or after the implementation date,

or

(b)
a lease that is treated as existing by reason of a deemed

grant under paragraph 12A(2) or 19(3) of which the

effective date is on or after the implementation date.”’.

Schedule, as amended, Agreed to.

Clauses 166 and 167 Agreed to.

Mrs Theresa Villiers

Mr Mark Francois

Mr Mark Hoban

Mr Paul Goodman

Andrew Selous

Withdrawn  184

Clause  168,  page  138,  line  20 [Vol I],  leave out from second ‘company’ to end of

lne 25 and insert ‘in connection with demutualisation of an insurance company’.

Clause Agreed to.

Clauses 169 to 178 Agreed to.

S.C.A.  Standing Committee Proceedings: 20th June 2006
339

Finance (N, continued

NEW CLAUSES

Review of tobacco products duty

Mrs Theresa Villiers

Mr Mark Francois

Mark Hoban

Mr Paul Goodman

Andrew Selous

Not called  NC1

To move the following Clause:—

‘The Chancellor of the Exchequer will publish a review in relation to the

effectiveness of tobacco products duty before 1st March 2007 and will consult

with organisations which have a special interest in tobacco products duty before

publishing that review.’.

Review of hydrocarbon oil duties

Mrs Theresa Villiers

Mr Mark Francois

Mark Hoban

Mr Paul Goodman

Andrew Selous

Not called  NC2

To move the following Clause:—

‘The Chancellor of the Exchequer will publish a review in relation to the

effectiveness of hydrocarbon oil duties before 1st March 2007 and will consult

with organisations which have a special interest in hydrocarbon oil duties before

publishing that review.’.

Review of rates of gaming duty

Mrs Theresa Villiers

Mr Mark Francois

Mark Hoban

Mr Paul Goodman

Andrew Selous

Not called  NC3

To move the following Clause:—