Finance (No. 3) Bill

Session 2010 - 11
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Other Bills before Parliament

Finance (No. 3) Bill

Finance (No. 3) Bill
Part 8 — Miscellaneous provisions
49

(5D)
Where a Bill is amended as mentioned in subsection (5A)(a)(ii), it does
not matter for the purposes of subsection (5A)(b) if the House orders as
mentioned in subsection (5A)(b) before the amendment to the Bill is
made.”
(6)
In subsection (6) for “(4) or (5)” substitute “(4), (5) or (5B)”.
5
(7)
After subsection (8) insert—
“(9)
Subsection (8) does not apply where the later resolution is passed in a
different calendar year from that in which the earlier resolution is
passed.”
(8)
Accordingly, the following provisions are repealed—
10
(a)
section 205(4) of FA 1993;
(b)
section 50(1) and (3) of F(No.2)A 1997.
(9)
The amendments made by this section come into force on such day as the
Treasury may by order made by statutory instrument appoint.
(10)
Subject to subsection (11), the amendments do not apply in relation to any
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resolution passed before the day appointed under subsection (9).
(11)
The cases covered by section 1(9) of the Provisional Collection of Taxes Act
1968 (as inserted by subsection (7)) include cases where the earlier resolution
(but not the later resolution) is passed before the day appointed under
subsection (9).
20
89
Specified investments
(1)
The amendments made by the second order are to be treated, for all tax
purposes, as having come into force on 24 February 2010 immediately after the
coming into force of the first order.
(2)
A person may elect that subsection (1) is not to have effect in relation to that
25
person.
(3)
An election under subsection (2)—
(a)
is to be made by notice in writing to an officer of Revenue and Customs,
(b)
may not be made after the end of the period of 30 days beginning with
the day on which this Act is passed, and
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(c)
is irrevocable.
(4)
In this section—
“the first order” means the Financial Services and Markets Act 2000
(Regulated Activities) (Amendment) Order 2010 (S.I. 2010/86);
“the second order” means the Financial Services and Markets Act 2000
35
(Regulated Activities) (Amendment) Order 2011 (S.I. 2011/133);
“tax” means any tax or duty.
(5)
Nothing in this section affects the commencement of the second order
otherwise than as provided for by this section.

Finance (No. 3) Bill
Part 9 — Final provisions
50

90
Machine games duty
The Commissioners for Her Majesty’s Revenue and Customs may incur
expenditure in preparing for the introduction of a new duty to be charged in
respect of games played on machines.
91
Redundant reliefs
5
Schedule 26 contains provision repealing redundant reliefs.
Part 9
Final provisions
92
Interpretation
(1)
In this Act—
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“ALDA 1979” means the Alcoholic Liquor Duties Act 1979,
“BGDA 1981” means the Betting and Gaming Duties Act 1981,
“CAA 2001” means the Capital Allowances Act 2001,
“CRCA 2005” means the Commissioners for Revenue and Customs Act
2005,
15
“CTA 2009” means the Corporation Tax Act 2009,
“CTA 2010” means the Corporation Tax Act 2010,
“FISMA 2000” means the Financial Services and Markets Act 2000,
“HODA 1979” means the Hydrocarbon Oil Duties Act 1979,
“ICTA” means the Income and Corporation Taxes Act 1988,
20
“IHTA 1984” means the Inheritance Tax Act 1984,
“ITA 2007” means the Income Tax Act 2007,
“ITEPA 2003” means the Income Tax (Earnings and Pensions) Act 2003,
“ITTOIA 2005” means the Income Tax (Trading and Other Income) Act
2005,
25
“OTA 1975” means the Oil Taxation Act 1975,
“PRTA 1980” means the Petroleum Revenue Tax Act 1980,
“TCGA 1992” means the Taxation of Chargeable Gains Act 1992,
“TIOPA 2010” means the Taxation (International and Other Provisions)
Act 2010,
30
“TMA 1970” means the Taxes Management Act 1970,
“TPDA 1979” means the Tobacco Products Duty Act 1979,
“VATA 1994” means the Value Added Tax Act 1994, and
“VERA 1994” means the Vehicle Excise and Registration Act 1994.
(2)
In this Act—
35
“FA”, followed by a year, means the Finance Act of that year;
“F(No.2)A”, followed by a year, means the Finance (No. 2) Act of that
year.
93
Short title
This Act may be cited as the Finance Act 2011.
40

Finance (No. 3) Bill
Schedule 1 — New high strength beer duty
51

Schedules
Schedule 1
Section 15

New high strength beer duty
High strength beer duty
1
In Part 3 of ALDA 1979 (beer), after section 36H insert—
5
“Charge of excise duty: high strength beer
37
High strength beer duty
(1)
A duty of excise is charged on high strength beer—
(a)
imported into the United Kingdom, or
(b)
produced in the United Kingdom,
10

on or after 1 October 2011.
(2)
“High strength beer” means beer which is of a strength exceeding 7.5
per cent.
(3)
The duty charged by subsection (1) is referred to in this Act as “high
strength beer duty”.
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(4)
High strength beer duty is charged at £4.64 per hectolitre per cent of
alcohol in the beer.
(5)
Subject to the provisions of this Act—
(a)
the high strength beer duty on beer produced in, or imported
into, the United Kingdom is to be charged and paid, and
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(b)
the amount chargeable in respect of any such duty is to be
determined and becomes due,

in accordance with regulations under section 49 and with any
regulations under section 1 of the Finance (No. 2) Act 1992.”
Consequential amendments in ALDA 1979
25
2
ALDA 1979 is amended as follows.
3
In section 4 (interpretation), in subsection (1) insert at the appropriate
places—
““general beer duty” has the meaning given by section
36(1ZAA);”, and
30
““high strength beer duty” has the meaning given by section
37(3);”.
4     (1)
Section 36 (beer: charge of excise duty) is amended as follows.

Finance (No. 3) Bill
Schedule 1 — New high strength beer duty
52

      (2)
After subsection (1) insert—
“(1ZAA)
The duty charged by subsection (1) is referred to in this Act as
“general beer duty”.”
      (3)
In subsection (1AA), for “the duty” substitute “general beer duty”.
      (4)
In subsection (1A), after “No” insert “general beer”.
5
      (5)
In subsection (2)(a), for “the duty” substitute “general beer duty”.
      (6)
For the heading substitute “General beer duty”.
5
In section 36B (interpretation of provisions relating to small brewery beer),
in subsection (5), after “rate of” insert “general beer”.
6     (1)
Section 36D (rate of duty for small brewery beer from singleton breweries)
10
is amended as follows.
      (2)
In subsection (2), after “rate of” insert “general beer”.
      (3)
In the heading, after “Rate of” insert “general beer”.
7     (1)
Section 36F (rate of duty for small brewery beer from co-operated breweries)
is amended as follows.
15
      (2)
In subsection (2), after “rate of” insert “general beer”.
      (3)
In the heading, after “Rate of” insert “general beer”.
8     (1)
Section 36G (assessments where incorrectly low rate of duty applied) is
amended as follows.
      (2)
In subsection (1)(a), for “duty is charged by section 36 above” substitute
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“general beer duty is charged”.
      (3)
In subsection (2)(a), for “duty is charged by section 36 above” substitute
“general beer duty is charged”.
      (4)
In subsection (3)(a), for “duty charged on the beer by section 36 above” (in
both places) substitute “general beer duty charged on the beer”.
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      (5)
In subsection (4)—
(a)
for “duty charged” substitute “general beer duty charged”, and
(b)
in paragraph (a), for “the duty” substitute “that duty”.
9
In section 36H (power to vary reduced rate provisions), in subsection (1) for
“excise duty” substitute “general beer duty”.
30
10
In section 41 (exemption from duty of beer produced for private
consumption), for “The duty on beer produced in the United Kingdom shall
not be” substitute “Neither general beer duty on beer produced in the United
Kingdom, nor high strength beer duty on beer so produced, is”.
11
In section 49 (beer regulations), in subsection (1)—
35
(a)
for “the duty” (in the first place it occurs) substitute “general beer
duty or high strength beer duty”, and
(b)
for “the duty” (in the second place it occurs) substitute “any duty”.
12
In section 49A (drawback allowable to registered brewer), in subsection (2)
for “the excise” substitute “any excise”.
40