Session 2010 - 11
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Notices of Amendments: 28 February 2011

1504

Scotland Bill, continued

Mr Secretary Moore

31

Clause  33,  page  25,  line  31,  leave out ‘the amount specified as’.

Mr Secretary Moore

32

Clause  33,  page  26,  line  2,  leave out from second ‘exceeding’ to end of line 3 and

insert—

‘(i)	in the case of a summary offence, level 5 on the standard scale,

(ii)	in the case of an offence triable either way, the statutory

maximum,’.

Mr Secretary Moore

33

Schedule  4,  page  33,  line  33,  after ‘buyers)’ insert—

‘( )	in subsection (2)(b) after “under the law of” insert “Scotland or”;

( )

’.

Mr Secretary Moore

34

Schedule  4,  page  35,  line  36,  at end insert—

‘( )	In paragraph 10 (tenants’ obligations etc that do not count as chargeable

consideration), in sub-paragraph (1)(a) omit “(in Scotland, the leased

premises)”.’.

Mr Secretary Moore

35

Schedule  4,  page  36,  line  9,  at end insert—

‘Finance (No. 2) Act 2005

In section 47 of the Finance (No. 2) Act 2005 (e-conveyancing) omit—

(a)	subsection (1);

(b)	subsection (6)(b).’.

Mr Secretary Moore

36

Schedule  4,  page  36,  line  12,  at end insert—

‘Finance Act 2009

(1)	Schedule 61 to the Finance Act 2009 (alternative finance investment bonds) is

amended as follows.

(2)	Paragraph 1 (interpretation) is amended as follows.

(3)	In sub-paragraph (1)—

(a)	before the definition of “HMRC” insert—

““effective date”, for a transaction relating to land in Scotland, is the date

which would be the effective date (under section 119 of FA 2003) if Part

4 of FA 2003 applied to land in Scotland;”;

(b)	omit the definition of “qualifying interest”.

(4)	After sub-paragraph (1) insert—

“(1A)

In this Schedule “qualifying interest”—

Notices of Amendments: 28 February 2011

1505

Scotland Bill, continued

(a)	in relation to land in England and Wales or Northern

Ireland, means a major interest in land (within the meaning

given by section 117 of FA 2003) except that it does not

include a lease for a term of years of 21 years or less;

(b)	in relation to land in Scotland, means—

(i)	the interest of an owner of land, or

(ii)	the tenant’s right over or interest in a property

subject to a lease,

except that it does not include a lease for a period of 21

years or less.”

(5)	Paragraph 5 (conditions for operation of relief) is amended as follows.

(6)	In sub-paragraph (6) (Condition D)—

(a)	after “Condition D” insert “(which applies in the case of land in

England and Wales or Northern Ireland)”;

(b)	omit paragraph (b).

(7)	In sub-paragraph (7) (charge or security for purposes of Condition D)—

(a)	omit “or security”;

(b)	in paragraph (a) omit “, or a security ranking first granted over,”.

(8)	In paragraph 6(1)(a) (relief from stamp duty land tax) for “the United

Kingdom” substitute “England and Wales or Northern Ireland”.

(9)	In paragraph 7 (withdrawal of relief in certain circumstances)—

(a)	in sub-paragraph (1) after “This paragraph applies if” insert

“paragraph 6 applies but”;

(b)	in sub-paragraph (2) after “This paragraph also applies if” insert

“paragraph 6 applies but”.

(10)	In paragraph 9 (discharge of charge when conditions for relief met) omit “or

security”.

(11)	In paragraph 11(2) (disapplication of CGT relief if charge not given) for “the

United Kingdom” substitute “England and Wales or Northern Ireland”.

(12)	In paragraph 12(1)(b) (CGT relief on second transaction) for “the United

Kingdom” substitute “England and Wales or Northern Ireland”.

(13)	In paragraph 18(5) and (6) (discharge of charge if original land replaced)—

(a)	for “the United Kingdom” substitute “England and Wales or Northern

Ireland”;

(b)	omit “or security”.

(14)	In paragraph 19(1) (HMRC to notify Registrar of discharge)—

(a)	omit “or security”;

(b)	omit paragraph (b).

Public Finance and Accountability (Scotland) Act 2000 (asp 1)

In section 9(1) of the Public Finance and Accountability (Scotland) Act 2000

(Keeper of the Registers of Scotland: financial arrangements) omit “(other

than payments of stamp duty land tax)”.’.

© Parliamentary copyright	Revised 1 March 2011