House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee: 13th May 2008
80

Finance Bill, continued

(i)
by the survivor within the period of two years from the end of the

month in which a lifetime transfer was made, or such longer

period as an officer of Revenue and Customs may in the

particular case allow, or

(ii)
(if no such claim is made and the survivor dies before the end of

that period) by the personal representatives of the survivor

within the permitted period;


and;

(b)
in the case of a death claim,

(i)
by the personal representatives of the survivor within the

survivor within the permitted period, or

(ii)
’.

Mr Philip Hammond

Mr Mark Hoban

Mr David Gauke

Justine Greening

Mr Brooks Newmark

45

Schedule  4,  page  133,  line  44,  at end insert—

‘2A(1)
Section 18 (transfers between spouses) is amended as follows.

      (2)
After subsection (4) insert—

  “(5)
Subsection (2) shall cease to have effect from 6 April 2008.”’.

Mr Philip Hammond

Mr Mark Hoban

Mr David Gauke

Justine Greening

64

Schedule  4,  page  135,  line  39,  at end insert—

‘(3A)
The amendment made by paragraph 6 has effect in relation to incorrect accounts,

information or documents delivered on or after the day on which this Act is

passed.’.

Mr Philip Hammond

Mr Mark Hoban

Mr David Gauke

Justine Greening

Mr Brooks Newmark

46

Schedule  4,  page  136,  line  36,  at end insert—

    ‘(6)
Where the deceased person died before 13 March 1975, section 8A applies as

if any property then left to the survivor was not charged to estate duty, whether

or not it was.’.

Public Bill Committee: 13th May 2008
81

Finance Bill, continued

Mr Jeremy Browne

Dr Vincent Cable

Mr Colin Breed

John Thurso

7

Clause  9,  page  4,  line  39,  at end insert—

‘(5A)
Within six months of the commencement of this section, the Chancellor of the

Exchequer must lay before the House of Commons a statement setting out the

purpose of alcoholic liquor duty, and must seek the approval of the House of

Commons, by resolution, for such a statement.’.

Mr Jeremy Browne

Dr Vincent Cable

Mr Colin Breed

John Thurso

6

Clause  9,  page  4,  line  41,  at end add—

‘(7)
No further amendment may be made to section 5 of ALDA 1979 within three

years of the commencement of this section, unless the condition set out in

subsection (8) has been satisfied.

(8)
The condition referred to in subsection (7) is that the Chancellor of the Exchequer

shall have compiled and laid before the House of Commons a report containing

an assessment of the impact of the increases in alcohol liquor duty on—

(a)
the competitiveness of licensed premises, and

(b)
the level of employment in alcohol-related industry,


and the House of Commons shall, by resolution, have approved that report.’.

Mr Philip Hammond

Mr Mark Hoban

Justine Greening

Mr David Gauke

59

Clause  9,  page  4,  line  41,  at end insert—

‘(7)
The Treasury must, not later than Budget Day 2009, lay before the House its

assessment of the impact of the amendments made by this section on

consumption rates of alcoholic liquor (as defined in section 1 of ALDA 1979).’.

Stewart Hosie

60

Clause  9,  page  4,  line  41,  at end add—

‘(7)
The Treasury will, prior to the 2008 Pre-Budget statement—

(a)
publish an assessment of the level of revenue yield anticipated from

alcohol liquor duty based on it being levied on the rates of duty in this

section, and

(b)
publish an assessment of the level of alcohol liquor duty required to be

levied on each type of drink on an equitable basis based on the alcohol

content to generate the same level of revenue yield.’.

Public Bill Committee: 13th May 2008
82

Finance Bill, continued

Mr George Osborne

Mr Philip Hammond

Mr Mark Hoban

Justine Greening

Mr David Gauke

67

Clause  9,  page  4,  line  41,  at end insert—

‘(7)
The Treasury must, not later than the date of the Budget 2009, lay before the

House revenue-neutral proposals for—

(a)
decreased rates of duty on beer of a strength not exceeding 2.5 per cent.

and cider of strength not exceeding 3.0 per cent.;

(b)
increased rates of duty on beer of a strength exceeding 5.9 per cent. and

cider of a strength exceeding 5.5 per cent.; and

(c)
a new category of duty on “ready-to-drinks”, at a rate higher than the duty

on spirits.

(8)
For the purposes of subsection (7), not later than the date of the Budget 2009, the

Treasury must make regulations setting out the definition of “ready-to-drinks”.

(9)
Regulations under this section are to be made by statutory instrument.

(10)
A statutory instrument containing the first regulations under this section may not

be made unless a draft of the regulations has been laid before, and approved by a

resolution of, the House of Commons.’.

Mr Jeremy Browne

Dr Vincent Cable

Mr Colin Breed

Dr John Pugh

66

Schedule  5,  page  139,  leave out lines 11 to 35.

Mr Jeremy Browne

Dr Vincent Cable

Mr Colin Breed

Dr John Pugh

65

Schedule  5,  page  143,  line  45,  at end insert—

‘27
In Article 21 of the Renewable Transport Fuel Obligations Order 2007 (S.I.

2007/3072), after paragraph (11) insert—

“(12)
The Administrator shall undertake an annual review of the

effectiveness of the buy-out price level under sub-paragraph (7),

including in particular its impact on the level of incentive provided

to suppliers to invest in biofuels.

    (13)
Within two months of completing any review under paragraph (12),

the Administrator shall submit a report of its findings to the

Secretary of State.

    (14)
As soon as reasonably practicable after the Secretary of State has

received a report on a review under paragraph (12) the Secretary of

Public Bill Committee: 13th May 2008
83

Finance Bill, continued

State shall lay a copy of the report before the House of

Commons.”’.

Mr Jeremy Browne

Dr Vincent Cable

Mr Colin Breed

Dr John Pugh

56

Clause  17,  page  8,  line  38,  at end insert—

‘(1A)
The Treasury shall undertake a review of the excluded supplies provisions under

Part II of FA 2000.

(1B)
A review under subsection (1A) is subject to approval by resolution of the House

of Commons.’.

Mr Jeremy Browne

Dr Vincent Cable

Mr Colin Breed

Dr John Pugh

57

Clause  17,  page  8,  line  40,  at end insert—

‘(3)
In sub-paragraph 2(1) of Schedule 6 to FA 2000 after “on”, insert “the level of

carbon dioxide emissions emitted by”.’.

Mr George Osborne

Mr Philip Hammond

Mr Mark Hoban

Justine Greening

Mr David Gauke

68

Clause  17,  page  8,  line  40,  at end insert—

‘(3)
The Treasury shall publish, not later than the date of the Budget 2009, an

estimate, audited by the Independent Committee on Climate Change (as

established by the Climate Change Act 2008), of the carbon emissions savings

resulting from the changes to climate change levy contained in this section’.

Mr George Osborne

Mr Philip Hammond

Mr Mark Hoban

Justine Greening

Mr David Gauke

69

Clause  19,  page  9,  line  10,  leave out ‘in particular’ and insert ‘specifically’.

Public Bill Committee: 13th May 2008
84

Finance Bill, continued

Mr Jeremy Browne

Dr Vincent Cable

Mr Colin Breed

Dr John Pugh

47

Clause  22,  page  12,  line  4,  at end insert—

‘(1C)
Subsection (1) does not apply to an individual who is enrolled in a higher

education institution in the United Kingdom.’.

Mr Jeremy Browne

Dr Vincent Cable

Mr Colin Breed

Dr John Pugh

49

Schedule  7,  page  151,  line  30,  leave out ‘£2,000’ and insert ‘£5,435’.

Mr Jeremy Browne

Dr Vincent Cable

Mr Colin Breed

Dr John Pugh

50

Schedule  7,  page  151,  line  36,  leave out ‘£2,000’ and insert ‘£5,435’.

Mr Jeremy Browne

Dr Vincent Cable

Mr Colin Breed

Dr John Pugh

51

Schedule  7,  page  152,  line  2,  at end insert—

‘(4)
The Chancellor of the Exchequer shall review, on an annual basis, the amount

specified under subsection (1)(c).

(5)
Any review conducted under subsection (4) is subject to approval by resolution

of the House of Commons.’.

Mr Jeremy Browne

Dr Vincent Cable

Mr Colin Breed

Dr John Pugh

48

Schedule  7,  page  153,  line  19,  at end insert ‘(excluding each year the individual

was enrolled in full-time higher education in the UK)’.

Mr Jeremy Browne

Dr Vincent Cable

Mr Colin Breed

Dr John Pugh

52

Schedule  7,  page  153,  line  37,  at end insert—

‘(6)
Subsection (4) shall not have effect until—

(a)
the Treasury has laid before the House of Commons a report setting out

its assessment of the impact of the charge on—

Public Bill Committee: 13th May 2008
85

Finance Bill, continued

(i)
foreign nationals in low-paid employment,

(ii)
small businesses employing foreign nationals, and

(iii)
higher education institutions; and

(b)
the report has been approved by resolution of the House of Commons.’.

New ClauseS

Small business rates relief

Mr Jeremy Browne

Dr Vincent Cable

Mr Colin Breed

Dr John Pugh

John Thurso

NC1

To move the following Clause:—

‘(1)
A small business with a rateable value of less than £25,000 may claim a business

rate allowance.

(2)
The Treasury shall, by regulations, define the level of business rate allowance and

the circumstances in which that allowance may be claimed.

(3)
Regulations under subsection (2) shall be made by statutory instrument.

(4)
A statutory instrument containing regulations under subsection (2) may not be

made unless a draft of it has been laid before and approved by resolution of the

House of Commons.’.

Overpayment of tax credits

Mr Simon Hughes

Mr Jeremy Browne

NC2

To move the following Clause:—

‘If HMRC have overpaid tax credits to any person, they may not reclaim such

overpayments where—

(a)
the amount overpaid is £5,000 or less and the person’s annual income is

less than £10,000, or

(b)
the amount overpaid is £2,500 or less and the person’s annual income is

less than £20,000.’.

Public Bill Committee: 13th May 2008
86

Finance Bill, continued

Exemption for bingo

Mr Jeremy Browne

Dr Vincent Cable

Mr Colin Breed

Dr John Pugh

John Thurso

NC3

To move the following Clause:—

‘(1)
Group 4 (betting, gaming and lotteries) of Schedule 9 to the Value Added Tax Act

1994 is amended as follows.

(2)
After Note (5)(e) insert “, or

(f)
bingo which is played pursuant to a bingo operating licence.”.

(3)
After Note (11) insert—

“(12)
In Note (5)(f) “bingo operating licence” means such a licence as is

provided for in section 65(2)(b) of the Gambling Act 2005.”’.

Fuel duty regulator

Mr Stewart Hosie

NC4

To move the following Clause:—

‘In the HODA 1979 (c. 5) in section 6 (excise duty on hydrocarbon oil) there is

inserted after subsection (1A)—

“(1AA)
In every Budget Statement and pre-Budget Report the Chancellor of the

Exchequer shall provide his forecast for the price of oil and set out

anticipated yield from fuel duty and VAT on fuel for that price and for a

range of prices up to 50 per cent. above his forecast.

(1AB)
In the 2008 pre-Budget Report the Chancellor of the Exchequer shall

bring forward a mechanism for—

(a)
using additional revenue from VAT on fuel above forecast to

offset fuel duty when the oil price rises above his forecast level;

(b)
providing specific fuel duty reductions targeted at fuel sold in

sparsely populated areas; and

(c)
providing specific fuel duty reductions targeted at fuel sold to

road haulage operators;


and the Chancellor of the Exchequer shall by order define “sparsely

populated areas” and “road haulage operators” for the purposes of this

subsection.

(1AC)
Whenever international oil prices return to the level estimated by the

forecast made in accordance with subsection (1AA), the offset described

in subsection (1AB) (a) to (c) is suspended until the price rises again or