Finance Act 2007
- (1) The final entry in the Table in paragraph 1 excludes a document in respect of which a penalty is payable under section 98 of TMA 1970 (special returns).
- (2) The amount of a penalty for which P is liable under paragraph 1 or 2 in respect of a document relating to a tax period shall be reduced by the amount of any other penalty incurred by P, or any surcharge for late payment of tax imposed on P, if the amount of the penalty or surcharge is determined by reference to the same tax liability.
- (2A) In sub-paragraph (2) “any other penalty” does not include a penalty under Part 4 of FA 2014 (penalty where corrective action not taken after follower notice etc) or Schedule 22 to FA 2016 (asset-based penalty).
- (3) In the application of section 97A of TMA 1970 (multiple penalties) no account shall be taken of a penalty under paragraph 1 or 2.
- (4) Where penalties are imposed under paragraphs 1 and 1A in respect of the same inaccuracy, the aggregate of the amounts of the penalties must not exceed the relevant percentage of the potential lost revenue.
- (5) The relevant percentage is—
- (a) if the penalty imposed under paragraph 1 is for an inaccuracy in category 1, 100%,
- (b) if the penalty imposed under paragraph 1 is for an inaccuracy in category 2, 150%, and
- (c) if the penalty imposed under paragraph 1 is for an inaccuracy in category 3, 200%.
Part 3 — Procedure
Assessment
13
- (1) Where a person becomes liable for a penalty under paragraph 1, 1A or 2 HMRC shall—
- (a) assess the penalty,
- (b) notify the person, and
- (c) state in the notice a tax period in respect of which the penalty is assessed (subject to sub-paragraph (1ZB)).
- (1ZA) Sub-paragraph (1ZB) applies where—
- (a) a person is at any time liable for two or more penalties relating to PAYE returns, or for two or more penalties relating to CIS returns, or for two or more penalties relating to apprenticeship levy returns, and
- (b) the penalties (“the relevant penalties”) are assessed in respect of more than one tax period (“the relevant tax periods”).
- (1ZB) A notice under sub-paragraph (1) in respect of any of the relevant penalties may, instead of stating the tax period in respect of which the penalty is assessed, state the tax year or the part of a tax year to which the penalty relates.
- (1ZC) For that purpose, a relevant penalty relates to the tax year or the part of a tax year in which the relevant tax periods fall.
- (1ZD) For the purposes of sub-paragraph (1ZA)—
- “a PAYE return” means a return for the purposes of PAYE regulations;
- “a CIS return” means a return for the purposes of regulations under section 70(1)(a) of FA 2004 in connection with deductions on account of tax under the Construction Industry Scheme.
- “an apprenticeship levy return” means a return under regulations under section 105 of FA 2016;
- (1A) A penalty under paragraph 1, 1A or 2 must be paid before the end of the period of 30 days beginning with the day on which notification of the penalty is issued.
- (2) An assessment—
- (a) shall be treated for procedural purposes in the same way as an assessment to tax (except in respect of a matter expressly provided for by this Act),
- (b) may be enforced as if it were an assessment to tax, and
- (c) may be combined with an assessment to tax.
- (3) An assessment of a penalty under paragraph 1 or 1A must be made before the end of the period of 12 months beginning with—
- (a) the end of the appeal period for the decision correcting the inaccuracy, or
- (b) if there is no assessment to the tax concerned within paragraph (a), the date on which the inaccuracy is corrected.
- (4) An assessment of a penalty under paragraph 2 must be made before the end of the period of 12 months beginning with—
- (a) the end of the appeal period for the assessment of tax which corrected the understatement, or
- (b) if there is no assessment within paragraph (a), the date on which the understatement is corrected.
- (5) For the purpose of sub-paragraphs (3) and (4) a reference to an appeal period is a reference to the period during which—
- (a) an appeal could be brought, or
- (b) an appeal that has been brought has not been determined or withdrawn.
- (6) Subject to sub-paragraphs (3) and (4), a supplementary assessment may be made in respect of a penalty if an earlier assessment operated by reference to an underestimate of potential lost revenue.
- (7) In this Part of this Schedule references to an assessment to tax, in relation to inheritance tax and stamp duty reserve tax, are to a determination.
Suspension
14
- (1) HMRC may suspend all or part of a penalty for a careless inaccuracy under paragraph 1 by notice in writing to P.
- (2) A notice must specify—
- (a) what part of the penalty is to be suspended,
- (b) a period of suspension not exceeding two years, and
- (c) conditions of suspension to be complied with by P.
- (3) HMRC may suspend all or part of a penalty only if compliance with a condition of suspension would help P to avoid becoming liable to further penalties under paragraph 1 for careless inaccuracy.
- (4) A condition of suspension may specify—
- (a) action to be taken, and
- (b) a period within which it must be taken.
- (5) On the expiry of the period of suspension—
- (a) if P satisfies HMRC that the conditions of suspension have been complied with, the suspended penalty or part is cancelled, and
- (b) otherwise, the suspended penalty or part becomes payable.
- (6) If, during the period of suspension of all or part of a penalty under paragraph 1, P becomes liable for another penalty under that paragraph, the suspended penalty or part becomes payable.
Appeal
15
- (1) A person may appeal against a decision of HMRC that a penalty is payable by the person.
- (2) A person may appeal against a decision of HMRC as to the amount of a penalty payable by the person.
- (3) A person may appeal against a decision of HMRC not to suspend a penalty payable by the person.
- (4) A person may appeal against a decision of HMRC setting conditions of suspension of a penalty payable by the person.
16
- (1) An appeal under this Part of this Schedule shall be treated in the same way as an appeal against an assessment to the tax concerned (including by the application of any provision about bringing the appeal by notice to HMRC, about HMRC review of the decision or about determination of the appeal by the First-tier Tribunal or Upper Tribunal).
- (2) Sub-paragraph (1) does not apply—
- (a) so as to require P to pay a penalty before an appeal against the assessment of the penalty is determined, or
- (b) in respect of any other matter expressly provided for by this Act.
17
- (1) On an appeal under paragraph 15(1) the ... tribunal may affirm or cancel HMRC's decision.
- (2) On an appeal under paragraph 15(2) the ... tribunal may—
- (a) affirm HMRC's decision, or
- (b) substitute for HMRC's decision another decision that HMRC had power to make.
- (3) If the ... tribunal substitutes its decision for HMRC's, the ... tribunal may rely on paragraph 11—
- (a) to the same extent as HMRC (which may mean applying the same percentage reduction as HMRC to a different starting point), or
- (b) to a different extent, but only if the ... tribunal thinks that HMRC's decision in respect of the application of paragraph 11 was flawed.
- (4) On an appeal under paragraph 15(3)—
- (a) the ... tribunal may order HMRC to suspend the penalty only if it thinks that HMRC's decision not to suspend was flawed, and
- (b) if the ... tribunal orders HMRC to suspend the penalty—
- (i) P may appeal ... against a provision of the notice of suspension, and
- (ii) the ... tribunal may order HMRC to amend the notice.
- (5) On an appeal under paragraph 15(4) the ... tribunal—
- (a) may affirm the conditions of suspension, or
- (b) may vary the conditions of suspension, but only if the ... tribunal thinks that HMRC's decision in respect of the conditions was flawed.
- (5A) In this paragraph “tribunal” means the First-tier Tribunal or Upper Tribunal (as appropriate by virtue of paragraph 16(1)).
- (6) In sub-paragraphs (3)(b), (4)(a) and (5)(b) “flawed” means flawed when considered in the light of the principles applicable in proceedings for judicial review.
- (7) Paragraph 14 (see in particular paragraph 14(3)) is subject to the possibility of an order under this paragraph.
Part 4 — Miscellaneous
Agency
18
- (1) P is liable under paragraph 1(1)(a) where a document which contains a careless inaccuracy (within the meaning of paragraph 3) is given to HMRC on P's behalf.
- (2) In paragraph 2(1)(b) and (2)(a) a reference to P includes a reference to a person who acts on P's behalf in relation to tax.
- (3) Despite sub-paragraphs (1) and (2), P is not liable to a penalty under paragraph 1 or 2 in respect of anything done or omitted by P's agent where P satisfies HMRC that P took reasonable care to avoid inaccuracy (in relation to paragraph 1) or unreasonable failure (in relation to paragraph 2).
- (4) In paragraph 3(1)(a) (whether in its application to a document given by P or, by virtue of sub-paragraph (1) above, in its application to a document given on P's behalf) a reference to P includes a reference to a person who acts on P's behalf in relation to tax.
- (5) In paragraph 3(2) a reference to P includes a reference to a person who acts on P's behalf in relation to tax.
- (6) Paragraphs 3A and 3C apply where a document is given to HMRC on behalf of P as they apply where a document is given to HMRC by P (and in paragraph 3B(9) the reference to P includes a person acting on behalf of P).
Companies: officers' liability
19
- (1) Where a penalty under paragraph 1 is payable by a company for a deliberate inaccuracy which was attributable to an officer of the company, the officer is liable to pay such portion of the penalty (which may be 100%) as HMRC may specify by written notice to the officer.
- (2) Sub-paragraph (1) does not allow HMRC to recover more than 100% of a penalty.
- (3) In the application of sub-paragraph (1) to a body corporate other than a limited liability partnership “officer” means—
- (a) a director (including a shadow director within the meaning of section 251 of the Companies Act 2006 (c. 46)), ...
- (aa) a manager, and
- (b) a secretary.
- (3A) In the application of sub-paragraph (1) to a limited liability partnership, “officer” means a member.
- (4) In the application of sub-paragraph (1) in any other case “officer” means—
- (a) a director,
- (b) a manager,
- (c) a secretary, and
- (d) any other person managing or purporting to manage any of the company's affairs.
- (5) Where HMRC have specified a portion of a penalty in a notice given to an officer under sub-paragraph (1)—
- (a) paragraph 11 applies to the specified portion as to a penalty,
- (b) the officer must pay the specified portion before the end of the period of 30 days beginning with the day on which the notice is given,
- (c) paragraph 13(2), (3) and (5) apply as if the notice were an assessment of a penalty,
- (d) a further notice may be given in respect of a portion of any additional amount assessed in a supplementary assessment in respect of the penalty under paragraph 13(6),
- (e) paragraphs 15(1) and (2), 16 and 17(1) to (3) and (6) apply as if HMRC had decided that a penalty of the amount of the specified portion is payable by the officer, and
- (f) paragraph 21 applies as if the officer were liable to a penalty.
- (6) In this paragraph “company” means any body corporate or unincorporated association, but does not include a partnership, a local authority or a local authority association.
Partnerships
20
- (1) This paragraph applies where P is liable to a penalty under paragraph 1 for an inaccuracy in or in connection with a partnership return.
- (2) Where the inaccuracy affects the amount of tax due or payable by a partner of P, the partner is also liable to a penalty (“a partner's penalty”).
- (3) Paragraphs 4 to 13 and 19 shall apply in relation to a partner's penalty (for which purpose a reference to P shall be taken as a reference to the partner).
- (4) Potential lost revenue shall be calculated separately for the purpose of P's penalty and any partner's penalty, by reference to the proportions of any tax liability that would be borne by each partner.
- (5) Paragraph 14 shall apply jointly to P's penalty and any partner's penalties.
- (6) P may bring an appeal under paragraph 15 in respect of a partner's penalty (in addition to any appeal that P may bring in connection with the penalty for which P is liable).
Double jeopardy
21
A person is not liable to a penalty under paragraph 1 , 1A or 2 in respect of an inaccuracy or failure in respect of which the person has been convicted of an offence.
Part 5 — General
Interpretation
22
Paragraphs 23 to 27 apply for the construction of this Schedule.
23
HMRC means Her Majesty's Revenue and Customs.
24
An expression used in relation to income tax has the same meaning as in the Income Tax Acts.
25
An expression used in relation to corporation tax has the same meaning as in the Corporation Tax Acts.
26
An expression used in relation to capital gains tax has the same meaning as in the enactments relating to that tax.
27
An expression used in relation to VAT has the same meaning as in VATA 1994.
28
In this Schedule—
- (a) a reference to corporation tax includes a reference to tax or duty which by virtue of an enactment is assessable or chargeable as if it were corporation tax,
- (b) a reference to tax includes a reference to construction industry deductions under Chapter 3 of Part 3 of FA 2004,
- (c) “direct tax” means—
- (i) income tax,
- (ii) capital gains tax, ...
- (iii) corporation tax, and
- (iv) petroleum revenue tax,
- (d) a reference to understating liability to VAT includes a reference to overstating entitlement to a VAT credit,
- (da) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (e) a reference to a loss includes a reference to a charge, expense, deficit and any other amount which may be available for, or relied on to claim, a deduction or relief,
- (f) a reference to repayment of tax includes a reference to allowing a credit against tax or to a payment of a corporation tax credit,
- (fa) “corporation tax credit” means—
- (i) an R&D tax credit under Chapter 2 or 7 of Part 13 of CTA 2009,
- (ia) an R&D expenditure credit under Chapter 1A of Part 13 of CTA 2009,
- (ii) a land remediation tax credit or life assurance company tax credit under Chapter 3 or 4 respectively of Part 14 of CTA 2009,
- (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (iiia) an audiovisual expenditure credit or video game expenditure credit under Chapter 3 of Part 14A of CTA 2009 (expenditure credit in respect of films, television programmes and video games),
- (iv) a film tax credit under Chapter 3 of Part 15 of CTA 2009, ...
- (iva) a television tax credit under Chapter 3 of Part 15A of that Act,
- (ivb) a video game tax credit under Chapter 3 of Part 15B of that Act, ...
- (ivc) a theatre tax credit under section 1217K of that Act, ...
- (ivd) an orchestra tax credit under Chapter 3 of Part 15D of that Act, ...
- (ive) a museums and galleries exhibition tax credit under Chapter 3 of Part 15E of that Act, or
- (v) a first-year tax credit under Schedule A1 to CAA 2001,
- (g) “tax period” means a tax year, accounting period or other period in respect of which tax is charged,
- (h) a reference to giving a document to HMRC includes a reference to communicating information to HMRC in any form and by any method (whether by post, fax, email, telephone or otherwise),
- (i) a reference to giving a document to HMRC includes a reference to making a statement or declaration in a document,
- (j) a reference to making a return or doing anything in relation to a return includes a reference to amending a return or doing anything in relation to an amended return, and
- (k) a reference to action includes a reference to omission.
Consequential amendments
29
The following provisions are omitted—
- (a) sections 95, 95A, 97 and 98A(4) of TMA 1970 (incorrect returns and accounts),
- (b) sections 100A(1) and 103(2) of TMA 1970 (deceased persons),
- (c) in Schedule 18 to FA 1998 (company tax returns), paragraphs 20 and 89 (company tax returns), and
- (d) sections 60, 61, 63 and 64 of VATA 1994 (evasion).
30
In paragraphs 7 and 7B of Schedule 1 to the Social Security Contributions and Benefits Act 1992 (c. 4) (penalties) a reference to a provision of TMA 1970 shall be construed as a reference to this Schedule so far as is necessary to preserve its effect.
31
In paragraphs 7 and 7B of Schedule 1 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) (penalties) a reference to a provision of TMA 1970 shall be construed as a reference to this Schedule so far as is necessary to preserve its effect.
SCHEDULE 25
Part 1 — Amendments of the Tax Acts
Exemption from corporation tax for profits of charitable companies from certain lotteries
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Exemption from income tax for profits of charitable trusts from certain lotteries
2
In section 530(2) of ITA 2007 (charitable trusts: exemption for profits from lotteries), for paragraph (a) (together with the “or” following it) substitute—
(a) the lottery is an exempt lottery within the meaning of the Gambling Act 2005 by virtue of Part 1 or 4 of Schedule 11 to that Act, (ab) the lottery is promoted in accordance with a lottery operating licence within the meaning of Part 5 of that Act, or
.
Part 2 — Amendments of BGDA 1981
Introductory
3
BGDA 1981 is amended as follows.
Bookmakers: spread bets
4
- (1) Section 3 (bookmakers: spread bets) is amended as follows.
- (2) In subsection (1), omit paragraph (b) (together with the “and” before it).
- (3) For subsection (2) substitute—
(2) A bet is a spread bet if it constitutes a contract the making or accepting of which is a regulated activity within the meaning of section 22 of the Financial Services and Markets Act 2000.
Liability to pay general betting duty
5
In section 5B(3)(a) (liability to pay general betting duty), for “bookmaker's permit” substitute “ general betting operating licence (in Great Britain), or a bookmaker's permit (in Northern Ireland), ”.
Bet-brokers
6
In section 5C(5) (bet-brokers: cases where section 5C does not apply), omit paragraph (b) (together with the “or” before it).
Definitions for purposes of betting duties
7
- (1) Section 12(4) (definitions for purposes of Part 1) is amended as follows.
- (2) In the definition of “betting office licence”, omit paragraph (a) (together with the “and” following it).
- (3) In the definition of “bookmaker's permit”, omit paragraph (a) (together with the “and” following it).
- (4) After that definition insert—
- “general betting operating licence” has the same meaning as in Part 5 of the Gambling Act 2005 (see section 65(2)(c));
.
- (5) Omit the definitions of “meeting”, “totalisator” and “track”.
Combined bingo
8
In section 20A(1) (meaning of “combined bingo”), omit paragraph (a) (together with the “or” following it).
Definitions for purposes of bingo duty
9
- (1) Section 20C(2) (definitions for purposes of Part 2) is amended as follows.
- (2) After the definition of “bingo” insert—
“bingo premises licence” has the same meaning as in Part 8 of the Gambling Act 2005 (see section 150(1)(b)),
.
- (3) For the definition of “licensed bingo” substitute—
“licensed bingo”— (a) in Great Britain, means bingo played at premises licensed under a bingo premises licence, and (b) in Northern Ireland, means bingo played at premises licensed under Chapter 2 of Part 3 of the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985,
.
Definition of “gaming”
10
In section 33(1) (interpretation of Act), for the definition of “gaming” substitute—
“gaming” means playing a game of chance for a prize within the meaning of Group 4 of Schedule 9 to the Value Added Tax Act 1994;
.
Supplementary provisions as to betting duties
11
- (1) Schedule 1 (enforcement) is amended as follows.
- (2) Omit paragraph 7 (production of documents etc relating to general betting business or pool betting business).
- (3) In paragraph 15 (cancellation of betting office licence)—
- (a) at the beginning insert—
(A1) This paragraph applies only in relation to premises in Northern Ireland.
,
- (b) in sub-paragraph (2), omit “in England or Wales or Northern Ireland”,
- (c) omit sub-paragraphs (3) to (4A), and
- (d) in sub-paragraph (5), omit “in Northern Ireland”.
Exemptions from bingo duty
12
- (1) Schedule 3 (exemptions from bingo duty) is amended as follows.
- (2) For paragraph 2B (and the italic cross-heading before it) substitute—
(2B) (1) In calculating liability to bingo duty no account shall be taken of non-profit making bingo. (2) “Non-profit making bingo” means bingo— (a) in respect of the playing of which no charge in money or money's worth is made, and (b) in respect of which no levy is charged on any of the stakes or on the winnings of any of the players (irrespective of the means by which the levy is charged), and it does not matter whether the charge or levy is compulsory, customary or voluntary. (3) In sub-paragraph (2)(a) “charge” includes an admission charge, but does not include— (a) any payment of the whole or any part of an annual subscription to a club, (b) any payment of an entrance subscription for membership of a club, or (c) any stakes hazarded. (4) In sub-paragraph (3)— - “club” means a club which is so constituted and conducted, in respect of membership and otherwise, as not to be of a temporary character, and - “membership of a club” does not include temporary membership of a club.
- (3) In paragraph 5(1) (small-scale amusements provided commercially)—
- (a) in paragraph (a), for the words from “premises” to the end substitute “ family entertainment centre within the meaning of the Gambling Act 2005 (see section 238); ”, and
- (b) in paragraph (b), for the words from “a permit” to “that Act” substitute “ an adult gaming centre premises licence issued under Part 8 of the Gambling Act 2005 (see section 150(1)(c)) ”.
- (4) In paragraph 10(2) (notification to Commissioners by, and registration of, bingo-promoters), in the second sentence, for “the Gaming Act 1968” substitute “ a bingo premises licence ”.
Part 3 — Amendments of FA 1993 relating to lottery duty
Introductory
13
Chapter 2 of Part 1 of FA 1993 (lottery duty) is amended as follows.
Charge to lottery duty
14
In section 24(4) (lotteries in respect of which lottery duty not chargeable)—
- (a) in the opening words, for “not chargeable in respect” substitute “ not chargeable (in Great Britain) in respect of a lottery which is an exempt lottery within the meaning of the Gambling Act 2005 (see section 258) or (in Northern Ireland) in respect ”,
- (b) in paragraph (a), omit “the Lotteries and Amusements Act 1976 or”,
- (c) in paragraph (b), omit “Act or”,
- (d) in paragraph (c), omit “Act or” and “section 5(3) of that Act or”, and
- (e) omit paragraph (d).
Disclosure of information
15
In section 37 (disclosure of information to or by the Gaming Board for Great Britain etc)—
- (a) in subsection (1), for “Gaming Board for Great Britain” substitute “ Gambling Commission ” and for “or Gaming Board” (in both places) substitute “ or Gambling Commission ”, and
- (b) in subsection (2), for “Gaming Board for Great Britain” substitute “ Gambling Commission ” and for “or Gaming Board” substitute “ or Gambling Commission ”.
Part 4 — Amendments of FA 1997 relating to gaming duty
Introductory
16
FA 1997 is amended as follows.
Charge to gaming duty
17
- (1) Section 10 (charge to gaming duty) is amended as follows.
- (2) In subsection (3)—
- (a) in paragraph (a), for “section 2(2) of the Gaming Act 1968” substitute “ Part 1 of Schedule 15 to the Gambling Act 2005 ”,
- (b) in paragraph (b), for “section 6 of that Act” substitute “ section 279 of that Act ”,
- (c) omit paragraph (c),
- (d) in paragraph (d), omit “section 41 of that Act or”, and
- (e) in paragraph (e), for “section 15 or 16 of the Lotteries and Amusements Act 1976” substitute “ Part 13 of that Act ”.
- (3) After that subsection insert—
(3A) This section does not apply to any gaming taking place by means of a machine that is an amusement machine for the purposes of the Betting and Gaming Duties Act 1981. (3B) This section does not apply to any lawful gaming which consists of games played in Great Britain at an entertainment in respect of which all the payments made by the players (whether by way of entrance fee or stake or otherwise) are, after making permissible deductions from those payments, applied for a purpose other than that of private gain (within the meaning of the Gambling Act 2005). (3C) For the purposes of subsection (3B), only the following deductions are permissible deductions— (a) deductions on account of reasonable expenses incurred in providing the facilities for the purposes of the games, and (b) deductions for the provision of prizes or awards in respect of the games.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Banker’s profits from gaming
18
- (1) Section 11 (rate of gaming duty) is amended as follows.
- (2) In paragraph (b) of subsection (10), for “the value, in money or money's worth, of the winnings paid” substitute “ the value of the prizes provided ”.
- (3) After that subsection insert—
(10A) Subsections (2) to (6)(a) of section 20 of the Betting and Gaming Duties Act 1981 (expenditure on bingo winnings: valuation of prizes) apply, with any necessary modifications, for the purposes of gaming duty as they apply for the purposes of bingo duty.
- (4) In subsection (11), for “(10)” substitute “ (10A) ”.
Definition of “gaming”
19
In section 15(3) (definitions for purposes of the gaming duty provisions), for the definition of “gaming” substitute—
“gaming” has the same meaning as in the Betting and Gaming Duties Act 1981 (see section 33(1));
.
Gaming Duty Register
20
- (1) Schedule 1 (gaming duty: administration, enforcement etc) is amended as follows.
- (2) In sub-paragraph (1) of paragraph 2 (interpretation), before the definition of “the register” insert—
“casino premises licence” has the same meaning as in Part 8 of the Gambling Act 2005 (see section 150(1)(a)); “club gaming permit” has the same meaning as in that Act (see section 271);
.
- (3) In sub-paragraph (2) of that paragraph, for paragraphs (a) and (b) substitute—
(a) in respect of which a casino premises licence is for the time being in force, or (b) in respect of which a club gaming permit is for the time being in force.
- (4) In paragraph 3(4)(a) (registrable persons: holders of licences under the Gaming Act 1968)—
- (a) for “licence under the Gaming Act 1968” substitute “ casino premises licence or club gaming permit ”, and
- (b) after “which the licence” insert “ or permit ”.
- (5) In paragraph 6 (notification of premises)—
- (a) in sub-paragraph (10)(a), for “licence under the Gaming Act 1968” substitute “ casino premises licence or club gaming permit ” and after “of the licence” insert “ or permit ”, and
- (b) in sub-paragraph (11)(a), for “licence under the Gaming Act 1968” substitute “ casino premises licence or club gaming permit ” and after “of the licence” insert “ or permit ”.
- (6) In paragraph 14 (disclosure of information)—
- (a) in sub-paragraph (1), for “the Gaming Board for Great Britain” substitute “ the Gambling Commission ”, for “that Board” (in each place) substitute “ that Commission ” and for “that Board's functions under the Gaming Act 1968” substitute “ that Commission's functions under the Gambling Act 2005 ”, and
- (b) in sub-paragraph (2), for “the Gaming Board for Great Britain” substitute “ the Gambling Commission ” and for “that Board” (in both places) substitute “ that Commission ”.
Part 5 — Miscellaneous amendments
Provision of FA 1966 relating to repealed law
21
In Schedule 3 to FA 1966 (provision relating to Schedule 1 to the Betting, Gaming and Lotteries Act 1963 (c. 2)), omit paragraph 6.
Customs and Excise Management Act 1979
22
In section 1(1) of CEMA 1979 (interpretation), in paragraph (a)(ic) of the definition of “revenue trader”, for the words from “any gaming” to the end substitute “ gaming within the meaning of the Betting and Gaming Duties Act 1981 (see section 33(1)) ”.
Part 6 — Commencement
23
- (1) Paragraphs 3, 4, 6, 7(1) and (5), 11(1) and (2), 13, 15, 16 and 20(1) and (6) and this paragraph come into force on the day on which this Act is passed.
- (2) The other provisions of this Schedule come into force in accordance with provision made by the Treasury by order.
- (3) The power to make an order under this paragraph is exercisable by statutory instrument.
- (4) An order under this paragraph—
- (a) may make different provision for different purposes, and
- (b) may contain transitional provision and savings.
SCHEDULE 26
Meaning of “recognised stock exchange” etc in Tax Acts and TCGA 1992
1
For section 1005 of ITA 2007 substitute—
(1005) (1) In the Income Tax Acts “recognised stock exchange” means— (a) any market of a recognised investment exchange which is for the time being designated as a recognised stock exchange for the purposes of this section by an order made by the Commissioners for Her Majesty's Revenue and Customs, and (b) any market outside the United Kingdom which is for the time being so designated. (2) An order under subsection (1) may— (a) designate a market by name or by reference to any class or description of market (including, in the case of a market outside the United Kingdom, one framed by reference to any authority or approval given in a country outside the United Kingdom), (b) contain incidental, supplemental, consequential and transitional provision and savings, and (c) vary or revoke a previous order under that subsection. (3) References in the Income Tax Acts to securities which are listed on a recognised stock exchange are to securities— (a) which are admitted to trading on that exchange, and (b) which are included in the official UK list or are officially listed in a qualifying country outside the United Kingdom in accordance with provisions corresponding to those generally applicable in EEA states. (4) For this purpose “qualifying country outside the United Kingdom” means any country outside the United Kingdom in which there is a recognised stock exchange. (5) References in the Income Tax Acts to securities which are included in the official UK list are to securities which are included in the official list (within the meaning of Part 6 of FISMA 2000) in accordance with the provisions of that Part. (6) In this section— - “recognised investment exchange” has the same meaning as in FISMA 2000 (see section 285), and - “securities” includes shares and stock.
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
In section 288 of TCGA 1992 (interpretation), after subsection (5) insert—
(5A) References in this Act to shares or securities which are listed on a recognised stock exchange shall be construed in accordance with subsections (3) and (4) of section 1005 of ITA 2007. (5B) References in this Act to shares or securities which are included in the official UK list shall be construed in accordance with subsection (5) of that section.
Valuation of shares listed on recognised stock exchange for purposes of TCGA 1992 etc
4
- (1) In section 272 of TCGA 1992 (valuation: general), for subsections (3) and (4) substitute—
(3) The Treasury may make regulations as to the manner for determining for the purposes of this Act— (a) the market value at any time of shares or securities which are included in the official UK list, and (b) the market value at any time of shares or securities which are listed on a recognised stock exchange outside the United Kingdom. (4) The regulations may— (a) make different provision for different cases, and (b) contain incidental, supplemental, consequential and transitional provision and savings.
- (2) The amendment made by sub-paragraph (1) has effect where the date of valuation falls on or after such day as may be appointed by the Treasury by order; and different days may be appointed for different purposes.
5
- (1) In ITTOIA 2005, for sections 450 and 451 substitute—
(450) (1) The Treasury may make regulations as to the manner for determining— (a) the market value at any time of a strip for the purposes of this Chapter, and (b) the market value at any time of a security exchanged for strips of that security for the purposes of section 445(1). (2) The regulations may— (a) make different provision for different cases, and (b) contain incidental, supplemental, consequential and transitional provision and savings.
- (2) The amendment made by sub-paragraph (1) has effect where the date of valuation falls on or after such day as may be appointed by the Treasury by order; and different days may be appointed for different purposes.
Minor and consequential amendments
6
In section 90(8) of FA 1986 (exceptions to the charge to SDRT), for paragraph (b) substitute—
(b) references to anything listed on a recognised stock exchange shall be construed in accordance with section 1005 of the Income Tax Act 2007;
.
7
- (1) ICTA is amended as follows.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) In section 312(1E)(a) (interpretation of Chapter 3 of Part 7), for “section 841” substitute “ section 1005(1)(b) of ITA 2007 ”.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (10) In paragraph 5 of Schedule 20 (charities: qualifying investments and loans), omit “, or which are dealt in on the Unlisted Securities Market”.
8
- (1) TCGA 1992 is amended as follows.
- (2) In section 130(1)(a) (composite new holdings)—
- (a) for “had quoted market values” substitute “ were listed ”, and
- (b) omit “in the United Kingdom or elsewhere”.
- (3) In section 144(8)(a) (options and forfeited deposits), for “quoted on” substitute “ listed on ”.
- (4) In section 146(4)(b) (options: application of rules as to wasting assets), omit “in the United Kingdom or elsewhere”.
- (5) In section 273(2) (unquoted shares and securities), for “quoted” substitute “ listed ”.
- (6) Omit section 285 (recognised investment exchanges).
9
In paragraph 4(2C)(b) of Schedule 26 to FA 2002 (derivative contracts: contracts excluded by virtue of their underlying subject matter), for “quoted” substitute “ listed ”.
10
- (1) ITEPA 2003 (persons to whom section 421J applies) is amended as follows.
- (2) In section 421L (persons to whom section 421J applies)—
- (a) in paragraph (b) of subsection (6), for “or dealt in on a recognised stock exchange” substitute “ on a recognised stock exchange or dealt in on any designated market in the United Kingdom ”, and
- (b) after that subsection insert—
(7) In subsection (6)(b) “designated” means designated by an order made by the Commissioners for Her Majesty's Revenue and Customs for the purposes of that provision. (8) An order under subsection (7) may— (a) designate a market by name or by reference to any class or description of market, and (b) vary or revoke a previous order under that subsection.
- (3) In section 717(2) (orders and regulations made by Treasury or Commissioners), insert at the end “ or section 421L(7) (persons to whom section 421J applies: order in relation to excluded securities). ”
11
- (1) ITTOIA 2005 is amended as follows.
- (2) In section 443(2) (application of Chapter 8 of Part 4 to strips of government securities)—
- (a) at the end of paragraph (e) insert “ and ”, and
- (b) omit paragraph (g).
- (3) In section 460(3) (minor definitions in Chapter 8 of Part 4), omit “or 451”.
12
- (1) ITA 2007 is amended as follows.
- (2) In section 143(2)(a) (losses on disposal of shares: the unquoted status requirement), for “1005” substitute “ 1005(1)(b) ”.
- (3) In section 151(2) (interpretation of Chapter 6 of Part 4), for “the Stock Exchange” substitute “ a recognised stock exchange ”.
- (4) In section 184 (EIS: the unquoted status requirement)—
- (a) in subsection (3)(a), for the words from “the Stock Exchange” to the end substitute “ a recognised stock exchange, ”, and
- (b) in subsection (6)(a), for “1005” substitute “ 1005(1)(b) ”.
- (5) In section 257(5) (minor definitions in Part 5), for “the Stock Exchange” substitute “ a recognised stock exchange ”.
- (6) In section 274(2) (requirements for the giving of VCT approval), for “listed throughout the relevant period in the Official List of the Stock Exchange” substitute “ included in the official UK list throughout the relevant period ”.
- (7) In section 295(3) (VCTs: the unquoted status requirement)—
- (a) in paragraph (a), for the words from “the Stock Exchange” to the end substitute “ a recognised stock exchange, ”, and
- (b) in paragraph (c), omit “on the Unlisted Securities Market or dealt in”.
- (8) In section 382(2) (minor definitions in Part 7), for “the Stock Exchange” substitute “ a recognised stock exchange ”.
- (9) In section 397(6) (eligibility requirements for interest on loans within section 396), in the definition of “unquoted company”, for “listed in the Official List of the Stock Exchange” substitute “ included in the official UK list ”.
- (10) In section 432 (gifts of shares, securities and real property to charities etc: meaning of “qualifying investment”)—
- (a) in subsection (1)(a), for “or dealt in on a recognised stock exchange” substitute “ on a recognised stock exchange or dealt in on any designated market in the United Kingdom ”,
- (b) in subsection (2), after “In this section—” insert—
“designated” means designated by an order made by the Commissioners for Her Majesty's Revenue and Customs for the purposes of subsection (1)(a),
, and
- (c) after that subsection insert—
(3) An order under subsection (2) may— (a) designate a market by name or by reference to any class or description of market, and (b) vary or revoke a previous order under that subsection.
- (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (12) In section 989 (list of Income Tax Acts definitions), after the definition of “settlor” insert—
“shares, stock or other securities included in the official UK list” is to be read in accordance with section 1005, “shares, stock or other securities listed on a recognised stock exchange” is to be read in accordance with section 1005,
.
- (13) Omit section 1010 (application of Income Tax Acts to recognised investment exchanges).
- (14) In section 1014(2)(g) (orders and regulations)—
- (a) after sub-paragraph (ii) (but before the “and”) insert—
(iia) section 432(2) (gifts of shares, securities and real property to charities etc: meaning of “qualifying investment”),
, and
- (b) in sub-paragraph (iii), for “1005(1)(b)” substitute “ 1005(1) ”.
- (15) In Schedule 4 (index of defined expressions), after the entry relating to “share loss relief (in Chapter 6 of Part 4)” insert—
| shares, stock or other securities included in the official UK list | section 1005 |
|---|---|
| shares, stock or other securities listed on a recognised stock exchange | section 1005 |
SCHEDULE 27
Part 1 — Environment
Part 2 — Income tax, corporation tax and capital gains tax
Part 3 — Pensions
Part 4 — SDLT, stamp duty and SDRT
Part 5 — Investigation, administration etc
Part 6 — Miscellaneous
Charge and rates for 2007-08
Rates and rate bands for 2010-11
Rates of tobacco products duty
Fuel duty rates and rebates
Rates of vehicle excise duty
Rates of landfill tax
Landfill tax: bodies concerned with the environment
Restrictions on trade loss relief for partners
Corporation tax deduction for expenditure on energy-saving items
Extension of income tax deduction for expenditure on energy-saving items
SDLT relief for new zero-carbon homes
Managed service companies
Climate change levy: reduced-rate supplies etc
Managed service companies
Restriction on expenses of management
Gift aid: limits
Charge on benefits received by former owner of property: late elections
Purchased life annuities: self-assessment
SDLT: exchanges
Research and development tax relief: definition of SME etc
Trust gains on contracts for life insurance
Northern Ireland criminal investigations
Personal tax returns
Trust gains on contracts for life insurance
Election out of special film rules for film production companies
Commencement
Gift aid: limits
Charge on benefits received by former owner of property: late elections
Unpaid remuneration and employee benefit contributions
Criminal investigations: powers of Revenue and Customs
Enquiry into returns
Acquisition relief: disregard of company holding own shares
Tax-exempt tariffing receipts
Limitation period in old actions for mistake of law relating to direct tax
Interpretation
Personal tax returns
Northern Ireland criminal investigations
Payment by cheque
Penalties for errors
Tax-exempt tariffing receipts
Disclosure of tax avoidance schemes
Penalties for errors
Disclosure of tax avoidance schemes
VAT: non-business use etc of business goods
Tax-exempt tariffing receipts
Tax-exempt tariffing receipts
Amendments connected with Gambling Act 2005
Limitation period in old actions for mistake of law relating to direct tax
Disclosure of tax avoidance schemes
Interpretation
Repeals
Introductory
Reduced-rate supplies
Notifications and certificates
Commencement
Deduction for deemed employment payments for income tax purposes
Deduction for deemed employment payments for corporation tax purposes
Limit on amount of sideways relief and capital gains relief available in any tax year
Disregard of contributions made for purpose of accessing sideways relief and capital gains relief
Provision corresponding to paragraphs 1 and 2 for tax year 2006-07
Consequential amendments
Amounts not forming part of a company's income
Structured finance arrangements
Manufactured payments under arrangements having an unallowable purpose
Options and groups of companies
Loan relationships: amounts not fully recognised for accounting purposes
Shares treated as loan relationships
Exchange gains and losses where loan not on arm's length terms
Loan relationships and collective investment schemes
Plant or machinery subject to a lease and finance leaseback
Derivative contracts: contracts treated for accounting purposes as financial asset or liability
Derivative contracts: transfers of value to connected companies
Company reconstructions without change of ownership
Sale etc of lessor companies etc
Taxes Management Act 1970 (c. 9)
Income and Corporation Taxes Act 1988 (c. 1)
Finance Act 1989 (c. 26)
Taxation of Chargeable Gains Act 1992 (c. 12)
Finance Act 1996 (c. 8)
Capital Allowances Act 2001 (c. 2)
Finance Act 2001 (c. 9)
Finance Act 2002 (c. 23)
Income Tax (Trading and Other Income) Act 2005 (c. 5)
Introduction
Carry forward of unused pension business losses
Carry forward of unused non-pension business losses
“Section 432F(2) excesses”
Income and Corporation Taxes Act 1988 (c. 1)
Finance Act 1989 (c. 26)
Finance Act 1991 (c. 31)
Taxation of Chargeable Gains Act 1992 (c. 12)
Finance (No. 2) Act 1992 (c. 48)
Finance Act 1996 (c. 8)
Finance Act 1998 (c. 36)
Capital Allowances Act 2001 (c. 2)
Finance Act 2002 (c. 23)
Unused pre-commencement section 76(12) etc excesses
Shifts in basis of taxation at first post-commencement accounting period
Definition of “insurance business transfer scheme”
Transfer schemes: expenses, losses etc
Transfer schemes: deemed periodical returns
Transfer schemes: taxing the transferor
Transferor's period of account including transfer
Transfer schemes: taxing the transferee
Repeal of section 444AD
Transfer schemes: anti-avoidance
Repeal of FA s.82C
Transfers: receipts to be taken into account
Transfers and demutualisations: losses where assets added to long-term insurance fund
Transfer schemes: old annuity contracts
Transfer schemes: no gain/no loss
Transfer schemes: old reinsurance business
Power to amend transfer provisions
Commencement
Contingent loans
“Structural” assets
Losses on disposal of authorised investment fund assets to connected manager
Priority of section 83(2) of FA 1989 etc
Tidying up of TCGA 1992
Tidying up of Chapter 2 of Part 4 of FA 1996
Correction of erroneous repeal
Non-profit companies, non-profit funds and with-profits funds
Internal linked funds and net value
Fair value
Generalisation of definitions
Minor changes
Obsolete etc provisions
Commencement
Restriction on amount of technical provisions made by general insurers
Enforcement
Supplementary
Repeal of section 107 of FA 2000
Commencement
Exempt life or endowment business
Other exempt business
Commencement
Purpose of Schedule
Meaning of debtor repo
Meaning of debtor quasi-repo
Ignoring effect on borrower of sale of securities: debtor repos, debtor quasi-repos and other arrangements
Relief for borrower for finance charges in respect of the advance: debtor repos and debtor quasi-repos
Ignoring sale and subsequent purchase for purposes of chargeable gains: debtor repos
Meaning of creditor repo
Meaning of creditor quasi-repo
Ignoring effect on lender of sale of securities: creditor repos and creditor quasi-repos
Charge on lender for finance return in respect of the advance: creditor repos and creditor quasi-repos
Ignoring purchase and subsequent sale for purposes of chargeable gains: creditor repos
Repo under arrangement designed to produce quasi-interest: anti-avoidance
Requirements to deduct tax from manufactured payments: creditor repos and debtor repos
Interpretation etc
Power to modify Schedule
Income and Corporation Taxes Act 1988 (c. 1)
Taxation of Chargeable Gains Act 1992 (c. 12)
Finance Act 1996 (c. 8)
Finance Act 1994 (c. 9)
Finance Act 2006 (c. 25)
Income Tax Act 2007 (c. 3)
Imputation of chargeable profits and creditable tax of controlled foreign companies
Residence
Elections and designations under section 749: supplementary provisions
Territories with a lower level of taxation
Reduction in chargeable profits for certain activities of EEA business establishments
Interpretation
Exempt activities test
Abolition of public quotation exemption
Discovery assessments
Commencement
Corporate venturing scheme
Enterprise investment scheme
Venture capital trusts
Corporate venturing scheme
Enterprise investment scheme
Venture capital trusts
Enterprise investment scheme: reinvestment
Transitional provision
Corporate venturing scheme
Enterprise investment scheme
Venture capital trusts
Commencement
Transitional provision
Corporate venturing scheme
Enterprise investment scheme etc
Venture capital trusts
Commencement
EIS: approved investment funds
VCTs: disposal of holding
VCTs: power to make regulations as to breaches of conditions
Introduction
Life assurance premium contributions not to be relievable pension contributions
Life assurance premium contributions
Commencement: schemes other than occupational pension schemes
Commencement: occupational pension schemes
Power to amend commencement provisions
Introduction
Alternatively secured pension: guaranteed pension and maximum
Maximum dependants' alternatively secured pension
Abolition of transfer lump sum death benefit
Untraceable members
Increase in rights on death
Minimum alternatively secured pension and dependants' alternatively secured pension
Charity lump sum death benefit
Discharge of liability to scheme chargeable payment
Non-UK schemes
Inheritance tax
Consequential amendment
Commencement
Introduction
Persons by whom registered pension schemes may be established
Unauthorised payments reduced by amount of scheme sanction charge
Surrenders
Scheme pensions where ill-health condition met
Unsecured and dependants' unsecured pensions: reference periods
Pension commencement lump sums
Winding-up lump sums
Lump sum death benefits
Taxable property held by investment-regulated pension schemes: indirect holdings in REITs
Transitional provision: primary protection
Transitional provision: enhanced protection
Inheritance tax: lump sum death benefits
Benefits under employer-financed retirement benefits schemes
Consequential amendments
Commencement
Intermediaries
Repurchases and stock lending
Exemptions from stamp duty and SDRT in cases involving recognised investment exchanges
Consequential repeal
Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)
Criminal Procedure (Scotland) Act 1995 (c. 46)
Criminal Justice and Police Act 2001 (c. 16)
Error in taxpayer's document
Under-assessment by HMRC
Degrees of culpability
Standard amount
Potential lost revenue: normal rule
Potential lost revenue: multiple errors
Potential lost revenue: losses
Potential lost revenue: delayed tax
Reductions for disclosure
Special reduction
Interaction with other penalties and late payment surcharges
Assessment
Suspension
Appeal
Agency
Companies: officers' liability
Partnerships
Double jeopardy
Interpretation
Consequential amendments
Exemption from corporation tax for profits of charitable companies from certain lotteries
Exemption from income tax for profits of charitable trusts from certain lotteries
Introductory
Bookmakers: spread bets
Liability to pay general betting duty
Bet-brokers
Definitions for purposes of betting duties
Combined bingo
Definitions for purposes of bingo duty
Definition of “gaming”
Supplementary provisions as to betting duties
Exemptions from bingo duty
Introductory
Charge to lottery duty
Disclosure of information
Introductory
Charge to gaming duty
Banker's profits from gaming
Definition of “gaming”
Gaming Duty Register
Provision of FA 1966 relating to repealed law
Customs and Excise Management Act 1979
Meaning of “recognised stock exchange” etc in Tax Acts and TCGA 1992
Valuation of shares listed on recognised stock exchange for purposes of TCGA 1992 etc
Minor and consequential amendments
Editorial notes
[^c18889861]: S. 9 wholly in force at Royal Assent; s. 9(2) deemed to have come into force on 22.3.2007 see s. 9(4); s. 9(1)(3)(4) in force at Royal Assent
[^c18897111]: Sch. 25 para. 7(1)(5) in force at Royal Assent see Sch. 25 para. 23
[^c18890201]: Sch. 25 para. 11(1)(2) in force at Royal Assent, see Sch. 25 para 23
[^c18890211]: Sch. 25 para. 20(1)(6) in force at Royal Assent, see Sch. 25 para. 23
[^key-461005f1d49c3f942317c8050217c72b]: S. 22(3) in force at 1.8.2007 for the purposes of the amendment made by that sub-section by S.I. 2007/2118, art. 2
[^key-12fca23e7e70b2d6a07a0f36220ce303]: Sch. 13 para. 14(6) applied (30.8.2007) by Finance Act 2007 (Schedules 13 and 14) Order 2007 (S.I. 2007/2483), art. 6
[^key-5111fbf292fda1b4cd71e9295851370d]: Sch. 25 para. 2 in force at 1.9.2007 by S.I. 2007/2532, art. 2
[^key-cd8626aa9a10491047f217411928497b]: Sch. 25 para. 5 in force at 1.9.2007 by S.I. 2007/2532, art. 2
[^key-ae4c04a48dc0a0b9f0b979c74c3475fa]: Sch. 25 para. 7(2)-(4) in force at 1.9.2007 by S.I. 2007/2532, art. 2 (with art. 4)
[^key-0c9f97fe6ad4349dac66bcdfa1c83d69]: Sch. 25 para. 8 in force at 1.9.2007 by S.I. 2007/2532, art. 2
[^key-611f69dc7e0b0b5710be17110ec88b40]: Sch. 25 para. 9 in force at 1.9.2007 by S.I. 2007/2532, art. 2 (with art. 5)
[^key-baecd7833b5583dcf9645f38653ca4e8]: Sch. 25 para. 10 in force at 1.9.2007 by S.I. 2007/2532, art. 2
[^key-0e2dd49644d5a068494930834a9e6b9f]: Sch. 25 para. 11(3) in force at 1.9.2007 by S.I. 2007/2532, art. 2
[^key-3b03ee20e77ef9792ca890b842cf13c0]: Sch. 25 para. 12 in force at 1.9.2007 by S.I. 2007/2532, art. 2 (with art. 6)
[^key-a54e67849d6af45b586788dce1432778]: Sch. 25 para. 14 in force at 1.9.2007 by S.I. 2007/2532, art. 2
[^key-ff15978ea3eeaf6367e4386d33c54690]: Sch. 25 para. 17 in force at 1.9.2007 by S.I. 2007/2532, art. 2
[^key-7413d4c04ed9390245647fe289e66ec2]: Sch. 25 para. 18 in force at 1.9.2007 by S.I. 2007/2532, art. 2
[^key-822d19e4082fcf9c5b780e301ab8487b]: Sch. 25 para. 19 in force at 1.9.2007 by S.I. 2007/2532, art. 2
[^key-9b20a8d3172da31871a1247cab33d622]: Sch. 25 para. 20(2)-(5) in force at 1.9.2007 by S.I. 2007/2532, art. 2
[^key-678d0b3794ffa640b6f713fa45906e81]: Sch. 25 para. 21 in force at 1.9.2007 by S.I. 2007/2532, art. 2
[^key-c767458a8886b39d17f7e06328ecb111]: Sch. 25 para. 22 in force at 1.9.2007 by S.I. 2007/2532, art. 2
[^key-f38eb8c8f0b20fdce36eace84fe114fc]: Sch. 13 para. 14(6) applied (with effect in accordance with reg. 1(1) of the amending S.I.) by Sale and Repurchase of Securities (Modification of Schedule 13 to the Finance Act 2007) Regulations 2007 (S.I. 2007/2485), reg. 1(1)(2)
[^key-9f72072f5bf0b07a5564f06e3822bfad]: Sch. 13 para. 6 applied (with modifications) (with effect in accordance with reg. 1(1) of the amending S.I.) by Sale and Repurchase of Securities (Modification of Schedule 13 to the Finance Act 2007) Regulations 2007 (S.I. 2007/2485), regs. 1(1), 2(2), 4(1)
[^key-4e1aee6b8da5f928de85f5d0c9414ad8]: Sch. 13 para. 11 applied (with modifications) (with effect in accordance with reg. 1(1) of the amending S.I.) by Sale and Repurchase of Securities (Modification of Schedule 13 to the Finance Act 2007) Regulations 2007 (S.I. 2007/2485), regs. 1(1), 2(2), 4(2)
[^key-68cbb367c82cee2d5c81fb2ac3fa5117]: Sch. 13 para. 1 in force at 1.10.2007 with effect in relation to an arrangement that comes into force on or after 1.10.2007 by S.I. 2007/2483, art. 2
[^key-38eafca6b020bcbd1d3fb97999b690fa]: Sch. 13 para. 6 in force at 1.10.2007 with effect in relation to an arrangement that comes into force on or after 1.10.2007 by S.I. 2007/2483, art. 2
[^key-842a6fc52d54f25b30864bed059a6a03]: Sch. 13 para. 11 in force at 1.10.2007 with effect in relation to an arrangement that comes into force on or after 1.10.2007 by S.I. 2007/2483, art. 2
[^key-5eae3991aa0919a4894008662aa31763]: Sch. 13 para. 14 in force at 1.10.2007 with effect in relation to an arrangement that comes into force on or after 1.10.2007 by S.I. 2007/2483, art. 2
[^key-f851b33ef2ffc118cdffc343a2e15b23]: Sch. 13 para. 15 in force at 1.10.2007 with effect in relation to an arrangement that comes into force on or after 1.10.2007 by S.I. 2007/2483, art. 2
[^key-ac55deacc58ffe410f311ea573ab72a3]: Sch. 14 para. 4 in force at 1.10.2007 for the purposes of the amendments made by that paragraph, with effect in relation to an arrangement that comes into force on or after 1.10.2007 by S.I. 2007/2483, art. 3
[^key-8754841110a1f897f00d1b2e6aa0262c]: Sch. 14 para. 5 in force at 1.10.2007 for the purposes of the amendment made by that paragraph, with effect in relation to an arrangement that comes into force on or after 1.10.2007 by S.I. 2007/2483, art. 3
[^key-940fc989638e6377a1f53fc19b4bf1e0]: Sch. 14 para. 7 in force at 1.10.2007 for the purposes of the amendments made by that paragraph, with effect in relation to an arrangement that comes into force on or after 1.10.2007 by S.I. 2007/2483, art. 3
[^key-013f0e358a9cac6e4eb15b75cfa5d15a]: Sch. 14 para. 8 in force at 1.10.2007 for the purposes of the amendment made by that paragraph, with effect in relation to an arrangement that comes into force on or after 1.10.2007 by S.I. 2007/2483, art. 3
[^key-63a19e305ee85ea550e5d414b68434fc]: Sch. 14 para. 12 in force at 1.10.2007 for the purposes of the amendments made by that paragraph, with effect in relation to an arrangement that comes into force on or after 1.10.2007 by S.I. 2007/2483, art. 3
[^key-31e5157da546bdd3822e19b60a84a8f3]: Sch. 14 para. 13 in force at 1.10.2007 for the purposes of the amendments made by that paragraph, with effect in relation to an arrangement that comes into force on or after 1.10.2007 by S.I. 2007/2483, art. 3
[^key-f28af5fa9c96766b0c451fab9a85bc9f]: Sch. 14 para. 19 in force at 1.10.2007 for the purposes of the amendment made by that paragraph, with effect in relation to an arrangement that comes into force on or after 1.10.2007 by S.I. 2007/2483, art. 3
[^key-7c7f76092832a3584f44658c05fe90c0]: Sch. 14 para. 20 in force at 1.10.2007 for the purposes of the amendment made by that paragraph, with effect in relation to an arrangement that comes into force on or after 1.10.2007 by S.I. 2007/2483, art. 3
[^key-040cd5852a8ce1d32dabc2722431dca0]: Sch. 14 para. 24 in force at 1.10.2007 for the purposes of the amendment made by that paragraph, with effect in relation to an arrangement that comes into force on or after 1.10.2007 by S.I. 2007/2483, art. 3
[^key-7db1bcb7663643ed999136f9bcd0d987]: Sch. 2 para. 2 in force at 1.11.2007 by S.I. 2007/2902, art. 2(1)
[^key-6b0b39c8d4db09fa90977997a9b59781]: Sch. 2 para. 3 in force at 1.11.2007 by S.I. 2007/2902, art. 2(1)
[^key-7819828b8cc541464a99cb9484d6915c]: Sch. 2 para. 4 in force at 1.11.2007 by S.I. 2007/2902, art. 2(1)
[^key-3ae9797bf4804e9f2849c5a7128d9f4f]: Sch. 2 para. 5 in force at 1.11.2007 by S.I. 2007/2902, art. 2(1)
[^key-942c6950706ff9f890d3fc5710d477fd]: Sch. 2 para. 6 in force at 1.11.2007 by S.I. 2007/2902, art. 2(1)
[^key-9161587e328a6f8dbcc248e60b7a4d30]: Sch. 2 para. 7 in force at 1.11.2007 by S.I. 2007/2902, art. 2(1) (with art. 2(2)(4))
[^key-02517777d34774f8d6af23cab0e36cd6]: Sch. 2 para. 8 in force at 1.11.2007 by S.I. 2007/2902, art. 2(1)
[^key-34480aceaff4e6274931653ae8792eb9]: Sch. 2 para. 9 in force at 1.11.2007 by S.I. 2007/2902, art. 2(1) (with art. 2(3)(4))
[^key-0d680c8ac4841c945b4a795898edc846]: Sch. 2 para. 10 in force at 1.11.2007 by S.I. 2007/2902, art. 2(1) (with art. 2(2)(4))
[^key-5c5b2472f952653db5403a0fa65e7c01]: S. 82 in force at 8.11.2007 by S.I. 2007/3166, art. 2(a)
[^key-6c772139063f5aa065dad1509df9022a]: S. 83 in force at 8.11.2007 by S.I. 2007/3166, art. 2(b)
[^key-012a75a0c481ae94108a22ac13896cb2]: S. 84(1)-(3) (5) (6) in force at 8.11.2007 by S.I. 2007/3166, art. 2(c)
[^key-ebd7e5444c204fc27036c68c1c9ea0a5]: S. 84(4) in force at 1.12.2007 by S.I. 2007/3166, art. 3(a)
[^key-badbc87bde09c9f615321a05efd493b5]: Sch. 23 para. 2 in force at 1.12.2007 for the purposes of the amendment made by that paragraph by S.I. 2007/3166, art. 3(b)
[^key-9cb58ecb56fb926ef4116e17f51772ee]: Sch. 23 para. 3 in force at 1.12.2007 for the purposes of the amendment made by that paragraph by S.I. 2007/3166, art. 3(b)
[^key-98096b2ab81fe1c9b3f00dcdd0e8a497]: Sch. 23 para. 4 in force at 1.12.2007 for the purposes of the amendments made by that paragraph by S.I. 2007/3166, art. 3(b)
[^key-630bdf04477ce00d82bbee2baa447a1e]: Sch. 23 para. 5 in force at 1.12.2007 for the purposes of the amendments made by that paragraph by S.I. 2007/3166, art. 3(b)
[^key-4f5198e3afedabd49a067e8aa0559985]: Sch. 23 para. 6 in force at 1.12.2007 for the purposes of the amendments made by that paragraph by S.I. 2007/3166, art. 3(b)
[^key-b939964e94c2f6bc773bd8775e567ccb]: Sch. 23 para. 7 in force at 1.12.2007 for the purposes of the amendment made by that paragraph by S.I. 2007/3166, art. 3(b)
[^key-3bed864665d961e965af5ff22b5186f9]: Sch. 23 para. 9 in force at 1.12.2007 for the purposes of the amendment made by that paragraph by S.I. 2007/3166, art. 3(b)
[^key-60ab09bede26c15431a106f16e9965ce]: Sch. 23 para. 10 in force at 1.12.2007 for the purposes of the amendment made by that paragraph by S.I. 2007/3166, art. 3(b)
[^key-f4f9954c20c49cdcd046ae24856950f2]: Sch. 23 para. 12 in force at 1.12.2007 for the purposes of the amendment made by that paragraph by S.I. 2007/3166, art. 3(b)
[^key-27792cdbbad105eb9717e9aec3f9ab58]: Sch. 23 para. 13 in force at 1.12.2007 for the purposes of the amendments made by that paragraph by S.I. 2007/3166, art. 3(b)
[^key-b32afa94f104a762f22ba8cba8cc65bd]: Sch. 22 para. 1 in force at 1.12.2007 by S.I. 2007/3166, art. 3(a)
[^key-acbb399b212b02b90b2a2f5e4f894bfe]: Sch. 22 para. 2 in force at 1.12.2007 by S.I. 2007/3166, art. 3(a)
[^key-47bbdbea53f947eeb7305dbd73204fdf]: Sch. 22 para. 3 in force at 1.12.2007 by S.I. 2007/3166, art. 3(a)
[^key-3bfb56ec8940b52dd0a6ae4f83bbea5c]: Sch. 22 para. 4 in force at 1.12.2007 by S.I. 2007/3166, art. 3(a)
[^key-457da292048b534f1f570ee0621a8d26]: Sch. 22 para. 5 in force at 1.12.2007 by S.I. 2007/3166, art. 3(a)
[^key-71eb062b9735186628a44fb6d48b7efd]: Sch. 22 para. 6 in force at 1.12.2007 by S.I. 2007/3166, art. 3(a)
[^key-c47d75d9186410462b09894e28271b79]: Sch. 22 para. 7 in force at 1.12.2007 by S.I. 2007/3166, art. 3(a)
[^key-9c1f20b833984d3544b927f4680e2c34]: Sch. 22 para. 8 in force at 1.12.2007 by S.I. 2007/3166, art. 3(a)
[^key-8c4ac8e16d8901ba56561c2d0d981592]: Sch. 22 para. 9 in force at 1.12.2007 by S.I. 2007/3166, art. 3(a)
[^key-bff57c4d43ec22fccfa6624a5d6d886b]: Sch. 22 para. 10 in force at 1.12.2007 by S.I. 2007/3166, art. 3(a)
[^key-1cdf97dc9db82adfef43e778d81b3e02]: Sch. 22 para. 11 in force at 1.12.2007 by S.I. 2007/3166, art. 3(a)
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