| |
After Clause 356 | |
| |
BY THE LORD WHITTY | |
| 570VA* |
Insert the following new Clause-- | |
| | (" .--(1) Neither stamp duty nor stamp duty reserve tax shall be chargeable on, or in respect of,--
(a) a transfer instrument;
(b) an instrument or agreement which is certified to the Commissioners of Inland Revenue by a Minister of the Crown as made in pursuance of a transfer instrument; or
(c) an instrument or agreement which is certified to the Commissioners of Inland Revenue by a Minister of the Crown as giving effect to a preparatory reorganisation, to the extent that the instrument or agreement is so certified.
(2) No instrument or agreement which is certified as mentioned in paragraph (b) or (c) of subsection (1) above shall be taken to be duly stamped unless--
(a) it is stamped with the duty to which it would, but for that subsection, be liable; or | Stamp duty and stamp duty reserve tax. |
| | (b) it has, in accordance with section 12 of the Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it is duly stamped. | 1891 c. 39. |
| | (3) Section 12 of the Finance Act 1895 shall not operate to require--
(a) the delivery to the Inland Revenue of a copy of this Act, or
(b) the payment of stamp duty under that section on any copy of this Act,
and shall not apply in relation to any instrument on which, by virtue of subsection (1) above, stamp duty is not chargeable.
(4) In subsection (1) above, "transfer instrument" means--
(a) an order under section 351 or 354 above; or
(b) a scheme under section 352 above.
(5) In subsection (1) above "preparatory reorganisation" means the transfer of property, rights and liabilities--
(a) from London Regional Transport to any of its subsidiaries,
(b) from a subsidiary of London Regional Transport to London Regional Transport,
(c) from a subsidiary of London Regional Transport to another such subsidiary, or
(d) from a Minister of the Crown to London Regional Transport or any of its subsidiaries,
preparatory to any provision made or to be made by or under this Act.") | 1895 c. 16. |
| 570WA* |
Insert the following new Clause-- | |
| | (" .--(1) Section 64 of the London Regional Transport Act 1984 (stamp duty) shall be amended as follows.
(2) In subsection (7)(a) (which, among other things, provides an exemption in relation to transfers in pursuance of a scheme made under section 9(6) in compliance with a direction of the Secretary of State under section 10)--
(a) after "or to a transfer made in pursuance of" there shall be inserted ", or otherwise in connection with,";
(b) after "section 9(6) of this Act" there shall be inserted "(i)"; and
(c) after "under section 10 of this Act; or" there shall be inserted--
(ii) in preparation for, or in pursuance of, a PPP agreement, within the meaning of Chapter VII of Part IV of the Greater London Authority Act 1999 or a contract falling within paragraph 6(2) of Schedule (Taxation provisions) to that Act; or".
(3) After subsection (7) there shall be inserted--
(7A) Any reference in subsection (7)(a) above to a transfer includes--
(a) a reference to an agreement for a lease or underlease; and
(b) a reference to the grant of a lease or underlease."")
| Stamp duty: instruments under London Regional Transport Act 1984.
1984 c. 32. |
| 570XA* |
Insert the following new Clause-- | |
| | (" .--(1) The following bodies, namely--
(a) Transport for London,
(b) the Metropolitan Police Authority, and
(c) the London Fire and Emergency Planning Authority,
shall each be treated as a local authority for the purposes of the enactments mentioned in subsection (2) below.
(2) The enactments are-- | Taxation. |
| | (a) section 519 of the Income and Corporation Taxes Act 1988 (exemption of local authorities from income and corporation taxes); and | 1988 c. 1. |
| | (b) section 271 of the Taxation of Capital Gains Act 1992 (exemption of local authorities from capital gains tax). | 1992 c. 12. |
| | (3) In sections 170 to 181 of the Taxation of Chargeable Gains Act 1992 (groups of companies) references to a company do not apply to Transport for London.
(4) Schedule (Taxation provisions) to this Act (which makes further provision about taxation) shall have effect.") | 1992 c. 12. |
| |
Clause 357 | |
| |
BY THE LORD WHITTY | |
| 570YA* |
Page 198, line 43, at end insert--
("section (Organisation of probation service in Greater London)(1) above,") | |
| 570ZA* |
Page 199, line 5, after (" 349(1)") insert ("or (Organisation of probation service in Greater London)(1)") | |
| 570A |
Page 199, line 34, at end insert--
("Paragraph 8A of Schedule 13;") | |
| 571 |
[Renumbered as 573A] | |
| 572 |
Page 199, line 38, at end insert--
(" section (Limit on salaries of members of other public bodies);") | |
| 573 |
Page 199, line 39, at end insert--
("section (Restriction on exercise of certain powers other than through a limited company);") | |
| 573A |
Page 199, leave out line 42 | |
| 573B* |
Page 199, line 43, at end insert--
("section (Restrictions on disclosure of information)(4);") | |
| 573C* |
Page 199, line 43, at end insert--
("section (Organisation of probation service in Greater London)(1);") | |
| 574 |
Page 200, line 5, at end insert--
("paragraph 7(3) of Schedule (Transport for London transfer schemes);") | |
| |
After Clause 358 | |
| |
BY THE BARONESS HAMWEE
THE LORD TOPE | |
| 575 |
Insert the following new Clause-- | |
| | (" .--(1) Any power conferred on a Minister of the Crown by this Act to make regulations or an order or to give a direction shall cease to have effect on 1st April 2006 unless previously exercised.
(2) If a power has ceased to have effect pursuant to subsection (1) it may at any time be revived by order made by statutory instrument laid in draft before each House of Parliament.") | Power of Ministers of the Crown to make regulations, orders and directions. |
