Business Today: Chamber for Thursday 4 December 2014

9.30am Prayers

Followed by

 QUESTIONS

Oral Questions to the Secretary of State for Transport

1Michael Fabricant (Lichfield)
If he will take steps to encourage operators of toll roads, bridges and tunnels to recognise each other's tag systems. (906428)

2David T. C. Davies (Monmouth)
What steps he is taking to improve driver safety on the motorway network. (906429)

3Mr Robin Walker (Worcester)
What plans he has to relieve congestion on roads. (906430)

4Chi Onwurah (Newcastle upon Tyne Central)
What assessment he has made of the recent performance of East Coast mainline services. (906431)

5Andrew Jones (Harrogate and Knaresborough)
What assessment he has made of Network Rail's planned Control Period 5 investment. (906432)

6Karen Lumley (Redditch)
What plans he has to set up a High Speed 2 skills academy. (906433)

7Sir Greg Knight (East Yorkshire)
What recent steps he has taken to reduce congestion on roads. (906434)

8Stephen Mosley (City of Chester)
When he expects the Rail North Electrification Taskforce to publish its report. (906435)

9Jessica Morden (Newport East)
What recent discussions his Department has had with FirstGroup on service performance on the Great Western mainline. (906439)

10Mrs Mary Glindon (North Tyneside)
What the outcome was of the recent European negotiations on port regulation. (906441)

11Kate Green (Stretford and Urmston)
What steps he is taking to improve road safety. (906442)

12Dan Jarvis (Barnsley Central)
What steps he is taking to encourage safer cycling. (906443)

13Mr David Jones (Clwyd West)
What assessment he has made of the results of proposals to upgrade the Borderlands rail line. (906445)

14Ian Lavery (Wansbeck)
What steps he is taking to improve the provision of local bus services. (906446)

15Sir Alan Beith (Berwick-upon-Tweed)
What plans he has for the future of local rail services on the East Coast mainline in Northumberland. (906447)

At 10.05am

Topical Questions to the Secretary of State for Transport

T1Rehman Chishti (Gillingham and Rainham)
If he will make a statement on his departmental responsibilities. (906448)

T2Stephen Metcalfe (South Basildon and East Thurrock) (906449)

T3Diana Johnson (Kingston upon Hull North) (906450)

T4Karl Turner (Kingston upon Hull East) (906451)

T5Tom Blenkinsop (Middlesbrough South and East Cleveland) (906452)

T6Mr Philip Hollobone (Kettering) (906453)

T7Neil Carmichael (Stroud) (906454)

T8Julian Smith (Skipton and Ripon) (906455)

T9Michael Connarty (Linlithgow and East Falkirk) (906456)

T10Ian Lavery (Wansbeck) (906457)

At 10.15am

Oral Questions to the Leader of the House and the hon. Member for Caithness, Sutherland and Easter Ross representing the House of Commons Commission

1Stephen Mosley (City of Chester)
To ask the hon. Member for Caithness, Sutherland and Easter Ross representing the House of Commons Commission, What recent progress has been made by the Speaker's Commission on Digital Democracy; and when he expects that Commission to publish its proposals. (906418)

2Andrew Bridgen (North West Leicestershire)
To ask the Leader of the House, What representations he has received on the 2014 session of the Youth Parliament; and if he will make a statement. (906419)

3Nic Dakin (Scunthorpe)
To ask the Leader of the House, What guidance he has given to his ministerial colleagues on making announcements to the House before the media. (906420)

4Mrs Mary Glindon (North Tyneside)
To ask the Leader of the House, What guidance he has given to his ministerial colleagues about providing substantive answers to written questions. (906421)

5Robert Jenrick (Newark)
To ask the Leader of the House, What representations he has received on the 2014 session of the Youth Parliament; and if he will make a statement. (906422)

6Mark Pawsey (Rugby)
To ask the Leader of the House, What the implications are of the Smith Commission report for further discussions of devolution in the House. (906423)

7Mr William Bain (Glasgow North East)
To ask the Leader of the House, What assessment he has made of the effect of the creation of the Backbench Business Committee on the work of the House. (906424)

8Mr Barry Sheerman (Huddersfield)
To ask the hon. Member for Caithness, Sutherland and Easter Ross representing the House of Commons Commission, What plans the Commission has to publish a vision and strategy document for the future of the House. (906425)

9Miss Anne McIntosh (Thirsk and Malton)
To ask the Leader of the House, What the implications are of the Smith Commission report for further discussions of devolution in the House. (906426)

10Geoffrey Clifton-Brown (The Cotswolds)
To ask the Leader of the House, What the implications are of the Smith Commission report for further discussions of devolution in the House. (906427)

 URGENT QUESTIONS AND STATEMENTS

10.30am

Urgent Questions (if any)

Business Question to the Leader of the House

Ministerial Statements (if any)

 BUSINESS OF THE DAY

1. stamp duty land tax (residential property transactions): ways and means

Until any hour (if the 5.00pm Business of the House Motion is agreed to)

Mr Chancellor of the Exchequer

That—

(1) Part 4 of the Finance Act 2003 (stamp duty land tax) is amended as follows.

(2) Section 55 (general rules on calculating the amount of stamp duty land tax chargeable) is amended as follows.

(3) In subsection (1) for “a percentage of the chargeable consideration for the transaction” substitute “determined in accordance with subsections (1B), (1C) and (2)”.

(4) After subsection (1A) insert—

“(1B) If the relevant land consists entirely of residential property and the transaction is not one of a number of linked transactions, the amount of tax chargeable is determined as follows—

Step 1

Apply the rates specified in the second column of Table A below to the parts of the relevant consideration specified in the first column of that Table.

Step 2

Add together the amounts calculated at Step 1 (if there are two or more such amounts).

TABLE A: RESIDENTIAL

(1C) If the relevant land consists entirely of residential property and the transaction is one of a number of linked transactions, the amount of tax chargeable in respect of the particular transaction under consideration is determined as follows—

Step 1

Apply the rates specified in the second column of Table A in subsection (1B) to the parts of the relevant consideration specified in the first column of that Table.

Step 2

Add together the amounts calculated at Step 1 (if there are two or more such amounts).

Step 3

Multiply the amount given by Step 1 or Step 2, as the case may be, by—

Where—

C is the chargeable consideration for the transaction, and

R is the relevant consideration.”

(5) In subsection (2) for the words from the beginning of that subsection to the end of Table A substitute—

“If the relevant land consists of or includes land that is not residential property, the amount of tax chargeable is the percentage of the chargeable consideration for the transaction determined in accordance with Table B below by reference to the amount of the relevant consideration.”

(6) In subsection (3) for “subsection (2)” substitute “subsections (1B) and (2)”.

(7) In subsection (4) at the beginning insert “For the purposes of subsections (1C) and (2),”.

(8) Omit subsection (7).

(9) Section 74 (exercise of collective rights by tenants of flats) is amended as follows.

(10) In subsection (1A)—

(a) in the opening words, for “rate” substitute “amount”,

(b) in Step 2—

(i) for “rate of tax and the” substitute “amount of”, and

(ii) for “subsections (2) and (3)” substitute “subsection (1B)”,

(c) in Step 3—

(i) for “rate of tax and the” substitute “amount of”, and

(ii) for “subsections (2) and (3)” substitute “subsection (1B)”, and

(d) in Step 4 for “subsections (2) and (3) do” substitute “subsection (1B) does”.

(11) For subsections (2) and (3) substitute—

“(1B) Where step 2 or 3 of subsection (1A) requires the amount of tax chargeable to be determined in accordance with this subsection, it is determined as follows.

Step 1

Determine the amount of tax chargeable under section 55 as if the relevant consideration for the chargeable transaction were the fraction of the relevant consideration calculated under step 1 of subsection (1A).

Step 2

Multiply the amount determined at step 1 by the number of qualifying flats contained in the premises.”

(12) In section 75 (crofting community right to buy) for subsections (2) and (3) substitute—

“(1A) In that case, the amount of tax is determined as follows—

Step 1

Determine the amount of tax chargeable under section 55 as if the relevant consideration for the chargeable transaction were the fraction of the relevant consideration produced by dividing the total amount of that consideration by the number of crofts being bought.

Step 2

Multiply the amount determined at step 1 by the number of crofts being bought under that transaction.”

(13) In section 77(1)(b) (notifiable transactions) for “which tax is chargeable at a rate of 1% or higher” substitute “any part of which tax is chargeable at a rate of more than 0%”.

(14) In section 77A(2)(a) (notifiable transactions: exception of certain acquisitions of major interests in land: interpretation) for “1% or higher” substitute “more than 0%”.

(15) In section 80(2) (requirement to make return where contingency ceases, or consideration is ascertained, and tax or additional tax is payable etc)—

(a) in the opening words, after “before” insert “(calculated in either case according to the effective date of the transaction)”, and

(b) omit paragraph (c), but not the “and” at the end.

(16) In section 80(4) (cases where less tax payable) after “in respect of a transaction” insert “(calculated according to its effective date)”.

(17) In section 81ZA(1)(c) (alternative finance arrangements: additional tax where reliefs withdrawn to be calculated by reference to effective date) for “by reference to the rates in force at” substitute “according to”.

(18) In section 81A(1) (requirement to make return in consequence of later linked transactions where tax or additional tax is payable etc)—

(a) in the opening words, after “before” insert “(calculated in either case according to the effective date of the earlier transaction)”, and

(b) omit paragraph (c), but not the “and” at the end.

(19) In section 109(2)(b) (general power to vary Part 4 of the 2003 Act: power to alter descriptions of transaction chargeable at any existing rate or amount) after “amount” insert “, or in respect of which tax is calculated in accordance with any particular provision”.

(20) In section 122 omit the entry for “rate of tax”.

(21) In paragraph 3(1)(b) of Schedule 4A (certain high-value transactions not linked to other transactions for purposes of section 55(4)) for “55(4)” substitute “55(1B), (1C) and (4)”.

(22) Schedule 6B (transfers involving multiple dwellings) is amended as follows.

(23) For paragraph 4(1) substitute—

“(1)If relief under this Schedule is claimed for a relevant transaction, the amount of tax chargeable in respect of the transaction is the sum of—

(a) the tax related to the consideration attributable to dwellings (see paragraph 5(1) and (2)), and

(b) the tax related to the remaining consideration (if any) (see paragraph 5(7)).”

(24) Omit paragraph 4(4).

(25) For the italic heading before paragraph 5 substitute “The amount of tax chargeable”.

(26) For paragraph 5(1) and (2) substitute—

“(1)For the purposes of paragraph 4(1)(a), “the tax related to the consideration attributable to dwellings” is determined as follows—

Step 1

Determine the amount of tax that would be chargeable under section 55 on the assumption that—

(a) the relevant land consisted entirely of residential property, and

(b) the relevant consideration were the fraction produced by dividing total dwellings consideration by total dwellings.

Step 2

Multiply the amount determined at Step 1 by total dwellings.

Step 3

If the relevant transaction is one of a number of linked transactions, go to Step 4.

Otherwise, the amount found at Step 2 is the tax related to the consideration attributable to dwellings.

Step 4

Multiply the amount found at Step 2 by—

where—

“CD” is the consideration attributable to dwellings for the relevant transaction, and

“TDC” is total dwellings consideration.

(2) But if the amount found at Step 2 of sub-paragraph (1) is less than 1% of total dwellings consideration, for the purposes of paragraph 4(1)(a) “the tax related to the consideration attributable to dwellings” is an amount equal to 1% of the consideration attributable to dwellings.”

(27) For paragraph 5(7) substitute—

“(7 For the purposes of paragraph 4(1)(b), “the tax related to the remaining consideration” is the appropriate fraction of the amount of tax which (but for this Schedule) would be due in respect of the relevant transaction.

(8) In subsection (7) “the appropriate fraction” means—

where—

“RC” is the remaining consideration for the relevant transaction,

“TDC” is total dwellings consideration, and

“TRC” is total remaining consideration.

(9) For a transaction that is not one of a number of linked transactions, “total remaining consideration” is the remaining consideration for that transaction (see paragraph 4(3)).

(10) For one of a number of linked transactions, “total remaining consideration” is—

(a) the total of the chargeable consideration for all those transactions, less

(b) total dwellings consideration.”

(28) In paragraph 6(1) (change of circumstances after relief given) for paragraph (c) substitute—

“(c) had the event occurred immediately before the effective date of the transaction, more tax (calculated according to the effective date of the transaction) would have been payable, whether because the transaction would not have been a relevant transaction or otherwise.”

(29) In paragraph 6(3) (requirement to make return where more tax payable than was paid) omit paragraph (c), but not the “and” at the end.

(30) In paragraph 8(1) of Schedule 7 (acquisition relief)—

(a) for “rate” substitute “amount”, and

(b) for “0.5%” substitute “an amount equal to 0.5% of the chargeable consideration for the transaction”.

(31) In paragraph 4B(1) of Schedule 9 (shared ownership transactions) for “rate” substitute “amount”.

(32) In paragraph 12 of Schedule 9 (shared ownership trusts) for “rate” substitute “amount”.

(33) In paragraph 30(2) of Schedule 15 (partnerships) in paragraph (a) for “rate of tax chargeable under that section is 1% or higher” substitute “amount of tax chargeable under that section is not zero”.

(34) In paragraph 3(3) of Schedule 17A (leases that continue after a fixed term: additional tax to be calculated by reference to effective date)—

(a) in the opening words, after “before” insert “(calculated in either case according to the effective date of the transaction)”, and

(b) omit paragraph (c), but not the “and” at the end.

(35) In paragraph 4(3) of Schedule 17A (treatment of leases for indefinite term: additional tax to be calculated by reference to effective date)—

(a) in the opening words, after “before” insert “(calculated in either case according to the effective date of the transaction)”, and

(b) omit paragraph (c), but not the “and” at the end.

(36) In paragraph 7(1) of Schedule 19 (old linked transactions relevant to rate of tax) for “rate” substitute “amount”.

(37) In paragraph 9(4) of Schedule 19 (exercise of option or right of pre-emption acquired before implementation date) for “rate” substitute “amount”.

(38) In consequence of amendments made by preceding provisions of this Resolution—

(a) in the Finance Act 2006, omit section 162(1),

(b) in the Finance Act 2010, omit section 7(1), and

(c) in the Finance Act 2012—

(i) omit section 213(1), and

(ii) in Schedule 35, omit paragraphs 2(4) and (6) and 5(3).

(39) The amendments made by this Resolution have effect in relation to any land transaction of which the effective date is, or is after, 4 December 2014.

(40) But those amendments do not have effect in relation to a transaction if the purchaser so elects and either—

(a) the transaction is effected in pursuance of a contract entered into and substantially performed before 4 December 2014, or

(b) the transaction is effected in pursuance of a contract entered into before that date and is not excluded by paragraph (42).

(41) An election under paragraph (40)—

(a) must be included in the land transaction return made in respect of the transaction or in an amendment of that return, and

(b) must comply with any requirements specified by the Commissioners for Her Majesty’s Revenue and Customs as to its form or the manner of its inclusion.

(42) A transaction effected in pursuance of a contract entered into before 4 December 2014 is excluded by this paragraph if—

(a) there is any variation of the contract, or assignment (or assignation) of rights under the contract, on or after 4 December 2014,

(b) the transaction is effected in consequence of the exercise on or after that date of any option, right of pre-emption or similar right, or

(c) on or after that date there is an assignment (or assignation), subsale or other transaction relating to the whole or part of the subject-matter of the contract as a result of which a person other than the purchaser under the contract becomes entitled to call for a conveyance.

(43) In paragraphs (40) to (42)—

“land transaction return”, in relation to a transaction, means the return under section 76 of the Finance Act 2003 in respect of that transaction;

“purchaser” has the same meaning as in Part 4 of that Act (see section 43(4) of that Act);

“substantially performed”, in relation to a contract, has the same meaning as in that Part (see section 44(5) of that Act).

And it is declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968.

Notes:

A Bill is to be brought in upon this Resolution if it is agreed to by the House.

 MOTION TO BE TAKEN AT 5.00PM

BUSINESS OF THE HOUSE

No debate (Standing Order No. 15(2))

The Prime Minister

That, at this day’s sitting, the Motion in the name of Mr Chancellor of the Exchequer relating to Stamp duty land tax (residential property transactions) may be proceeded with, though opposed, until any hour, and Standing Order No. 41A (Deferred divisions) shall not apply.

 BUSINESS OF THE DAY

2. BACKBENCH BUSINESS

Until 5.00pm (Standing Order No. 9(3))

Financial Conduct Authority redress scheme

Guto Bebb

Mark Garnier

Mr Mark Williams

Mr Peter Hain

Roger Williams

Karen Lumley

Caroline DinenagePaul Farrelly

That this House has considered the Financial Conduct Authority’s redress scheme, adopted as a result of the mis-selling of complex interest rate derivatives to small and medium sized businesses, and has found the scheme’s implementation to be lacking in consistency and basic fairness; considers such failures to be unacceptable; is concerned about lack of transparency of arrangements between the regulator and the banks; is concerned about the longer than expected time scale for implementation; calls for a prompt resolution of these matters; and asks for the Government to consider appointing an independent inquiry to explore both these failings and to expedite compensation for victims.

Availability and pricing of branded medicines on the NHS

Mr Andrew Lansley

Dr Julian Huppert

That this House has considered availability and pricing of branded medicines on the NHS.

Notes:

The subjects for these debates were determined by the Backbench Business Committee.

 ADJOURNMENT DEBATE

Until 5.30pm or for half an hour (whichever is later) (Standing Order No. 9(7))

Late night anti-social behaviour in south Manchester: Mr John Leech

BUSINESS TODAY: WESTMINSTER HALL

 ORDER OF BUSINESS

The sitting will last for three hours (Standing Order No. 10(1))

1.30pm

Small Business Saturday: Stephen Mosley

The debate will arise on a motion for the adjournment, to be moved by a Minister.

The sitting will be suspended and time added if divisions take place in the main Chamber (Standing Order No. 10(1)).

The subject for debate was determined by the Backbench Business Committee.

WRITTEN STATEMENTS

 Statements to be made today

Secretary of State for Culture, Media and Sport

1.Telecommunications Council

Notes:

Texts of Written Statements are available from the Vote Office and on the internet at http://www.parliament.uk/business/publications/hansard/commons/todays-written-statements/.

COMMITTEES MEETING TODAY

The decision of a Committee to sit in public may be changed without notice.

 Delegated Legislation Committees

Fourth Delegated Legislation Committee

To consider the draft Electricity Capacity (Supplier Payment etc.) Regulations 2014

Room 9

11.30am (public)

 Select Committees

Political and Constitutional Reform

Subject: The future of devolution after the referendum

Witnesses: Leanne Wood AM, Leader, Plaid Cymru; Kirsty Williams AM, Leader, Welsh Liberal Democrats (at 9.45am); Andrew R.T. Davies AM, Leader, Welsh Conservative Party (at 10.15am); Rt Hon Carwyn Jones AM, First Minister of Wales and Leader, Welsh Labour, and Dr Hugh Rawlings CB, Director, Constitutional Affairs and Inter-Governmental Relations, Welsh Government (at 10.45am); Dame Rosemary Butler AM, Presiding Officer, Elisabeth Jones, Chief Legal Adviser, and Anna Daniel, Head of Strategic Transformation, National Assembly for Wales (at 11.25am)

Committee Room 1, Senedd, Cardiff

9.00am (private), 9.15am (public)

Public Accounts

Subject: Reducing the cost of civil legal aid

Witnesses: Hugh Stickland, Chief Economist, Citizens' Advice Bureau, and Malcolm Richardson, Deputy Chairman, The Magistrates' Association; Ursula Brennan, Permanent Secretary, and Catherine Lee, Director General, Law and Access to Justice Group, Ministry of Justice, Mathew Coats, Chief Executive, Legal Aid Agency, and Peter Handcock, Chief Executive of HM Courts and Tribunals Service (at 10.30am)

Room 15

9.30am (private), 9.45am (public)

House of Commons Governance

Subject: House of Commons Governance

Witnesses: Lord Judge, former Lord Chief Justice of England and Wales; Sir Kevin Tebbit KCB CMG and David Orr, external member of the Restoration and Renewal Programme Board (at 10.30am)

Room 16

9.45am (private), 10.00am (public)

High Speed Rail (London - West Midlands) Bill

Subject: High Speed Rail (London - West Midlands) Bill

Witnesses: Earl of Aylesford and others; and Packington Estate Enterprises Ltd

Room 5

9.20am (private), 9.30am (public)

COMMITTEE REPORTS PUBLISHED TODAY

 Procedure

3rd Report: E-petitions: a collaborative system, HC 235

Time of publication: 11.00am

ANNOUNCEMENTS

 Future Departments Answering in Westminster Hall

Week beginning 15 December

Applications for General or Short Debates should be made in writing to the Table Office by 7.00pm or the rise of House, whichever is the earlier, on Tuesday 9 December. The Ballot will take place on Wednesday 10 December.

Attorney General; Business, Innovation and Skills; Cabinet Office; Environment, Food and Rural Affairs; Deputy Prime Minister; Home Office; Northern Ireland; Transport; Treasury; Work and Pensions.