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Stamp duty: instruments under London Regional Transport Act 1984. |
406. - (1) Section 64 of the London Regional Transport Act 1984 (stamp duty) shall be amended as follows. |
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(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)- |
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(a) after "or to a transfer made in pursuance of" there shall be inserted ", or otherwise in connection with,"; |
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(b) after "section 9(6) of this Act" there shall be inserted "(i)"; and |
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(c) after "under section 10 of this Act; or" there shall be inserted- |
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"(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 31 to that Act; or".
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(3) After subsection (7) there shall be inserted- |
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"(7A) Any reference in subsection (7)(a) above to a transfer includes- |
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(a) a reference to an agreement for a lease or underlease; and |
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(b) a reference to the grant of a lease or underlease." |
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Taxation. |
407. - (1) The following bodies, namely- |
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(a) Transport for London, |
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(b) the Metropolitan Police Authority, and |
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(c) the London Fire and Emergency Planning Authority, |
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shall each be treated as a local authority for the purposes of the enactments mentioned in subsection (2) below. |
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(2) The enactments are- |
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(a) section 519 of the Income and Corporation Taxes Act 1988 (exemption of local authorities from income and corporation taxes); and |
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(b) section 271 of the Taxation of Chargeable Gains Act 1992 (exemption of local authorities from capital gains tax). |
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(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. |
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(4) Schedule 31 to this Act (which makes further provision about taxation) shall have effect. |
Regulations and orders. |
408. - (1) Except to the extent that this Act makes provision to the contrary, any power conferred by this Act to make regulations or an order includes power- |
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(a) to make different provision for different cases; and |
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(b) to make incidental, consequential, supplemental or transitional provision and savings. |
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(2) Any power conferred on a Minister of the Crown by this Act to make regulations or an order shall be exercisable by statutory instrument. |
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(3) A statutory instrument containing (whether alone or with other provisions) an order under- |
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(a) section 21(1)(b) above, |
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(c) section 321(1) above, or |
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(d) section 397(1) above, |
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shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. |
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(4) Subsection (3) above shall not have effect in relation to a statutory instrument containing an order under section 321(1) or 397(1) above making- |
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(a) amendments or repeals in an enactment contained in a local and personal or private Act, |
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(b) amendments or revocations in subordinate legislation which was not subject to affirmative parliamentary procedure, or |
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(c) provision of any description by virtue of section 397(2) or subsection (1) above in connection with any such amendments, repeals or revocations, |
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if it would not have effect in relation to that instrument apart from those amendments, repeals or revocations or that provision. |
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(5) A statutory instrument containing regulations under- |
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(a) paragraph 16(2) of Schedule 22 to this Act, or |
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(b) paragraph 4 or 22(2) of Schedule 23 to this Act, |
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shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the House of Commons. |
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(6) A statutory instrument- |
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(a) which contains (whether alone or with other provisions)- |
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(i) regulations under any provision of this Act specified in subsection (7) below, or
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(ii) an order under any provision of this Act specified in subsection (8) below, and
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(b) which is not subject to any requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament, |
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shall be subject to annulment in pursuance of a resolution of either House of Parliament. |
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(7) The provisions mentioned in subsection (6)(a)(i) above are- |
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any provision contained in Chapters I to IV or VI of Part III of this Act; |
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any provision of Part VIII of this Act; |
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paragraph 9 of Schedule 17; |
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Schedule 22, other than provisions specified in subsection (5) above; |
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Schedule 23, other than provisions specified in subsection (5) above. |
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(8) The provisions mentioned in subsection (6)(a)(ii) above are- |
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paragraph 7(3) of Schedule 12; |
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paragraph 1 of Schedule 27. |
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(9) For the purposes of this section, the subordinate legislation which is "subject to affirmative parliamentary procedure" is any subordinate legislation contained in an instrument which was subject- |
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(a) to a requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament, or |
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(b) to a requirement that a draft of the instrument be laid before, and approved by a resolution of, the House of Commons, |
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or which was not subject to such a requirement by reason only that it re-enacted subordinate legislation (with or without modification). |