Finance Bill

House of Commons

Session 2006 - 07
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Finance Bill

Finance Bill
Schedule 27 — Repeals
Part 4 — SDLT, stamp duty and SDRT
303

Part 4
SDLT, stamp duty and SDRT
(1) Anti-avoidance: partnerships

Short title and chapter
Extent of repeal

Finance Act 2003 (c. 14)
In Schedule 15—

5

(a)
paragraphs 13 and 14(1)(b) and (4), and

(b)
in the italic cross-heading before

paragraph 14, the words “for

consideration”.


These repeals have effect in accordance with section 71 of this Act.
10
(2) Exemptions: intermediaries, repurchases etc

Short title and chapter
Extent of repeal

Finance Act 1986 (c. 41)
In section 80B(2), the definition of “EEA

exchange”.

In section 80C(7), the definition of “EEA

15

exchange” (together with the word “and” at

the end of it).

In section 88B(2), the definition of “EEA

exchange”.

In section 89AA(6), the definition of “EEA

20

exchange”.

Finance (No.2) Act 2005 (c. 22)
Section 50.

Finance Act 2007 (c.)
Section 72.

Schedule 21.

1
Subject to Note 2, these repeals have effect in accordance with Schedule 21
25
to this Act.
2
The repeals of section 72 of, and Schedule 21 to, this Act have effect in
accordance with sections 108 and 110 of FA 1990.
(3) certain transfers of school land

Short title and chapter
Extent of repeal

30

School Standards and
Sections 79 and 79A.

Framework Act 1998 (c. 31)

Education and Inspections Act
In Part 3 of Schedule 4, paragraph 20.

2006 (c. 40)


These repeals have effect in accordance with section 78 of this Act.
35

Finance Bill
Schedule 27 — Repeals
Part 5 — Investigation, administration etc
304

(4) Payment of SDLT

Short title and chapter
Extent of repeal

Finance Act 2003 (c. 14)
In section 76(3), paragraph (b) and the word

“and” before it.

In section 81(2), paragraph (b) and the word

5

“and” before it.

In Schedule 10, in paragraph 2(2), paragraph (b)

and the word “and” before it.


These repeals have effect in accordance with section 79 of this Act.
Part 5
10
Investigation, administration etc
(1) Criminal investigations

Short title and chapter
Extent of repeal

Taxes Management Act 1970
Sections 20C and 20CC.

(c. 9)
In section 118(1), in the definition of “tax”, the

15

word “, 20C”.

Customs  and  Excise
In section 118C—

Management Act 1979 (c. 2)
(a)
in subsection (3), paragraph (c) and the

word “or” before it,

(b)
in subsection (4)(b), the words “or in

20

respect of a gaming duty offence”, and

(c)
in subsection (5), the words from “and “a

gaming duty offence”” to the end.

Betting and Gaming Duties Act
In Schedule 1, paragraph 16.

1981 (c. 63)
In Schedule 3, paragraph 17.

25

In Schedule 4, paragraph 17.

Finance Act 1984 (c. 43)
In Schedule 3, paragraph 7(12).

Police and Criminal Evidence
In Schedule 6, paragraph 39(b) to (d).

Act 1984 (c. 60)

Finance Act 1989 (c. 26)
Section 146 and 147.

30

Section 148(4).

Finance Act 1994 (c. 9)
In Schedule 7, paragraph 4(2) to (7).

Value Added Tax Act 1994
Section 72(9).

(c. 23)
In Schedule 11, paragraph 10(3) to (6).

Finance Act 1995 (c. 4)
In Schedule 3, paragraph 11(10).

35

Criminal    Procedure
In Schedule 4, paragraph 91(a).

(Consequential Provisions)

(Scotland) Act 1995 (c. 40)

Finance Act 1996 (c. 8)
In Schedule 5, paragraphs 5 and 6.

Finance Act 1997 (c. 16)
In Schedule 2, paragraph 4(3) to (5).

40

Finance Act 2000 (c. 17)
Section 149(4).

Section 150.

Finance Bill
Schedule 27 — Repeals
Part 5 — Investigation, administration etc
305

Short title and chapter
Extent of repeal

Finance Act 2000 (c. 17)—cont.
In Schedule 6, paragraphs 97 and 130.

Finance Act 2001 (c. 9)
In Schedule 6, paragraph 6.

In Schedule 7, paragraph 7.

Criminal Justice and Police Act
Section 57(1)(c).

5

2001 (c. 16)
Section 63(2)(e).

Section 65(3).

In Schedule 1, paragraphs 13, 28, 29, 57, 58, 61

and 72.

In Schedule 2, paragraph 13(2)(d).

10

Tax Credits Act 2002 (c. 21)
Section 36(2) and (3).

Proceeds of Crime Act 2002
Section 323(3)(e) and (f).

(c. 29)

Finance Act 2003 (c. 14)
Part 7 of Schedule 13.

Commissioners for Revenue
Section 13(3)(b) and (c).

15

and Customs Act 2005 (c. 11)
Section 14(2)(b) and (c).

In Schedule 2, paragraphs 7 and 9.


These repeals have effect in accordance with section 83(5) of this Act.
(2) Criminal investigations: Scotland

Short title and chapter
Extent of repeal

20

Criminal Law (Consolidation)
Section 24(9).

(Scotland) Act 1995 (c. 39)


This repeal has effect in accordance with Schedule 23 to this Act.
(3) Filing dates for returns

Short title and chapter
Extent of repeal

25

Taxes Management Act 1970
In section 8—

(c. 9)
(a)
in subsection (1)(a), the words “, on or

before the day mentioned in subsection

(1A) below”, and

(b)
subsection (1A).

30

In section 8A—

(a)
in subsection (1)(a) the words “, on or

before the day mentioned in subsection

(1A) below”, and

(b)
subsection (1A).

35

In section 33A(9), the definition of “filing date”.

In section 93A(8), the definition of “the filing

date”.

Finance Act 1996 (c. 8)
Section 125(3).


These repeals have effect in accordance with section 91 of this Act.
40

Finance Bill
Schedule 27 — Repeals
Part 6 — Miscellaneous
306

(4) Mandatory electronic filing of returns

Short title and chapter
Extent of repeal

Value Added Tax Act 1994
In section 76(3), the word “and” at the end of

(c.23)
paragraph (d).

Commissioners for Revenue
In Schedule 2, paragraph 12.

5

and Customs Act 2005 (c.11)
In Schedule 4, paragraph 95(2).

(5) Penalties for errors

Short title and chapter
Extent of repeal

Taxes Management Act 1970
Section 95.

(c.  9)
Section 95A.

10

Section 97.

Section 98A(4).

Section 100A(1).

Section 103(2).

Finance Act 1989 (c. 26)
Section 163(1)(a).

15

Finance Act 1994 (c. 9)
In Schedule 19, paragraphs 27(1), 28 and 32.

Value Added Tax Act 1994
Sections 60 and 61.

(c. 23)
Sections 63 and 64.

Finance Act 1996 (c. 8)
Section 36.

Section 123(12) and (13).

20

Finance Act 1998 (c. 36)
In Schedule 18, paragraphs 20 and 89.

Finance Act 2001 (c. 9)
Section 98(3).

In Schedule 29, paragraph 32.


These repeals have effect in accordance with section 96 of this Act.
Part 6
25
Miscellaneous
(1) VAT: non-business use etc of business goods

Short title and chapter
Extent of repeal

Value Added Tax Act 1994
In Schedule 4, paragraph 5(4A).

(c. 23)

30

Finance Act 2003 (c. 14)
Section 22.


These repeals have effect in accordance with section 98 of this Act.
(2) VAT: transfers of going concerns

Short title and chapter
Extent of repeal

Value Added Tax Act 1994
In section 49(1), paragraph (b) (together with the

35

(c. 23)
word “and” before it).

Finance Bill
Schedule 27 — Repeals
Part 6 — Miscellaneous
307


This repeal has effect in accordance with section 99 of this Act.
(3) Repeals connected with Gambling Act 2005

Short title and chapter
Extent of repeal

Finance Act 1966 (c. 18)
In Schedule 3, paragraph 6.

Betting and Gaming Duties Act
In section 3(1), paragraph (b) (together with the

5

1981 (c. 63)
word “and” before it).

In section 5C(5), paragraph (b) (together with

the word “or” before it).

In section 12(4)—

(a)
in the definition of “betting office

10

licence”, paragraph (a) (together with

the word “and” following it),

(b)
in the definition of “bookmaker’s

permit”, paragraph (a) (together with

the word “and” following it), and

15

(c)
the definitions of “meeting”, “totalisator”

and “track”.

In section 20A(1), paragraph (a) (together with

the word “or” following it).

In Schedule 1—

20

(a)
paragraph 7, and

(b)
in paragraph 15, in sub-paragraph (2),

the words “in England or Wales or

Northern Ireland”, sub-paragraphs (3) to

(4A), and in sub-paragraph (5), the

25

words “in Northern Ireland”.

Finance Act 1986 (c. 41)
In Schedule 4—

(a)
paragraph 4(b), and

(b)
in paragraph 11, in sub-paragraph (1),

the words from “in paragraph 7” to the

30

end, and sub-paragraph (2)(a) and (b).

Finance Act 1993 (c. 34)
In section 24(4)—

(a)
in paragraph (a), the words “the

Lotteries and Amusements Act 1976 or”,

(b)
in paragraph (b), the words “Act or”,

35

(c)
in paragraph (c), the words “Act or” and

“section 5(3) of that Act or”, and

(d)
paragraph (d).

Finance Act 1997 (c. 16)
In section 10(3)—

(a)
paragraph (c), and

40

(b)
in paragraph (d), the words “section 41

of that Act or”.

Access to Justice Act 1999 (c. 22)
In Schedule 13, paragraph 120.

Finance Act 2002 (c. 23)
Section 13.

In Schedule 4, paragraph 10(14).

45

Finance Act 2003 (c. 14)
Section 9(4).

Courts Act 2003 (c. 39)
In Schedule 8, paragraph 266.

Finance Bill
Schedule 27 — Repeals
Part 6 — Miscellaneous
308

Short title and chapter
Extent of repeal

Income Tax Act 2007 (c. 3)
In Schedule 1, in paragraph 94(2)(e), sub-

paragraph (iii) (together with the word “and”

before it).


These repeals have effect in accordance with Schedule 25 to this Act.
5
(4) Disclosure of Tax Avoidance Schemes

Short title and chapter
Extent of repeal

Taxes Management Act 1970
In section 98C(2), the word “or” at the end of

(c. 9)
paragraph (c).

(5) Meaning of “recognised stock exchange” etc
10

Short title and chapter
Extent of repeal

Income and Corporation Taxes
In Schedule 20, in paragraph 5, the words “, or

Act 1988 (c. 1)
which are dealt in on the Unlisted Securities

Market”.

Taxation of Chargeable Gains
In section 130(1)(a), the words “in the United

15

Act 1992 (c. 12)
Kingdom or elsewhere”.

In section 146(4)(b), the words “in the United

Kingdom or elsewhere”.

Section 285.

Finance Act 1996 (c. 8)
In Schedule 38, paragraphs 7 and 12(1).

20

Financial Services and Markets
In Schedule 20, paragraph 4(6).

Act 2000 (c. 8)

Income Tax (Trading and Other
Section 443(2)(g).

Income) Act 2005 (c. 5)
In section 460(3), the words “or 451”.

Income Tax Act 2007 (c. 3)
In section 295(3)(c), the words “on the Unlisted

25

Securities Market or dealt in”.

Section 1010.

In Schedule 1, paragraph 227.