Finance Act 2004
| Jurisdiction | UK Non-devolved |
| Citation | 2004 c. 12 |
Finance Act 2004
2004 c. 12
An Act to grant certain duties, to alter other duties, and to amend the law relating to the National Debt and the Public Revenue, and to make further provision in connection with finance.
[22 July 2004]
Most Gracious Sovereign
WE, Your Majesty’s most dutiful and loyal subjects, the Commons of the United Kingdom in Parliament assembled, towards raising the necessary supplies to defray Your Majesty’s public expenses, and making an addition to the public revenue, have freely and voluntarily resolved to give and to grant unto Your Majesty the several duties hereinafter mentioned; and do therefore most humbly beseech Your Majesty that it may be enacted, and be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part 1
Excise duties
Tobacco products duty
1 Rates of tobacco products duty
(1) For the Table of rates of duty in Schedule 1 to the Tobacco Products Duty Act 1979 (c. 7) substitute—
Table
1. Cigarettes |
An amount equal to 22 per cent of the retail price plus £99.80 per thousand cigarettes. |
2. Cigars |
£145.35 per kilogram. |
3. Hand-rolling tobacco |
£104.47 per kilogram. |
4. Other smoking tobacco and chewing tobacco |
£63.90 per kilogram. |
(2) This section shall be deemed to have come into force at 6 o'clock in the evening of 17th March 2004.
Alcoholic liquor duties
2 Rate of duty on beer
(1) In section 36(1AA)(a) of the Alcoholic Liquor Duties Act 1979 (c. 4) (rate of duty on beer) for “£12.22” substitute “£12.59”.
(2) This section shall be deemed to have come into force at midnight on 21st March 2004.
3 Rates of duty on wine and made-wine
(1) For Part 1 of the Table of rates of duty in Schedule 1 to the Alcoholic Liquor Duties Act 1979 (rates of duty on wine and made-wine) substitute—
“ Part 1Wine and made-wine of a strength not exceeding 22 per centDescription of wine or made-wineRates of duty per hectolitre£Wine or made-wine of a strength not exceeding 4 per cent50.38Wine or made-wine of a strength exceeding 4 per cent but not exceeding 5.5 per cent69.27Wine or made-wine of a strength exceeding 5.5 per cent but not exceeding 15 per cent and not sparkling163.47Sparkling wine or sparkling made-wine of a strength exceeding 5.5 per cent but less than 8.5 per cent166.70Sparkling wine or sparkling made-wine of a strength of 8.5 per cent or of a strength exceeding 8.5 per cent but not exceeding 15 per cent220.54Wine or made-wine of a strength exceeding 15 per cent but not exceeding 22 per cent217.95”
(2) This section shall be deemed to have come into force at midnight on 21st March 2004.
4 Duty stamps for spirits etc
(1) At the beginning of Part 6 of the Alcoholic Liquor Duties Act 1979 (c. 4) (general control provisions) under the heading “ Sale of dutiable alcoholic liquors” insert—
“ 64A. Retail containers of certain alcoholic liquors to be stampedSchedule 2A to this Act (duty stamps) has effect.”.
(2) Before Schedule 3 to that Act insert the Schedule 2A set out in Schedule 1 to this Act.
(3) In section 12(2) of the Finance Act 1994 (c. 9) (defaults engaging Commissioners' power to assess excise duty to the best of their judgement) after paragraph (c) insert—
“(ca) any failure by any person to comply with a requirement to which he is made subject by or under Schedule 2A to the Alcoholic Liquor Duties Act 1979 (duty stamps);”.
(4) In section 14(1) of that Act (reviewable decisions) after paragraph (bc) insert—
“(bd) any decision by the Commissioners as to whether or not any person is entitled to any repayment or credit by virtue of regulations under paragraph 4(2)(h) of Schedule 2A to the Alcoholic Liquor Duties Act 1979 (duty stamps), or the amount of the repayment or credit to which any person is so entitled;
(be) any decision by the Commissioners made by virtue of regulations under paragraph 4(2)(i) of that Schedule that some or all of a payment made, or security provided, is forfeit, or the amount which is so forfeit;”.
(5) The amendments made by this section have effect in relation to retail containers containing alcoholic liquor if the excise duty point for the alcoholic liquor falls on or after such day as the Treasury may by order made by statutory instrument appoint.
(6) An order under subsection (5) may contain such supplemental and transitional provision and savings as the Treasury think fit in connection with the coming into effect of those amendments.
(7) In subsection (5) “excise duty point” has the meaning given by section 1 of the Finance (No. 2) Act 1992 (c. 48).
Hydrocarbon oil etc duties
5 Rates
(1) In section 6 of the Hydrocarbon Oil Duties Act 1979 (c. 5) (hydrocarbon oil: rates of duty)—
(a)
(a) in subsection (1A)(a) (ultra low sulphur petrol) for “£0.4710” substitute “£0.4902”,
(b)
(b) in subsection (1A)(b) (other light oil) for “£0.5620” substitute “£0.5790”,
(c)
(c) in subsection (1A)(c) (ultra low sulphur diesel) for “£0.4710” substitute “£0.4902”, and
(d)
(d) in subsection (1A)(d) (other heavy oil) for “£0.5327” substitute “£0.5487”.
(2) In section 6AA(3) of that Act (biodiesel: rate of duty) for “£0.2710” substitute “£0.2852”.
(3) In section 11(1) of that Act (rebate on heavy oil)—
(a)
(a) in paragraph (a) (fuel oil) for “£0.0382” substitute “£0.0624”,
(b)
(b) in paragraph (b) (gas oil: general) for “£0.0422” substitute “£0.0664”, and
(c)
(c) in paragraph (ba) (ultra low sulphur diesel) for “£0.0422” substitute “£0.0664”.
(4) In section 13A(1) of that Act (rebate on unleaded petrol) for “£0.0601” substitute “£0.0620”.
(5) In section 14(1) of that Act (rebate on light oil for use as furnace fuel) for “£0.0382” substitute “£0.0624”.
(6) This section shall come into force on 1st September 2004.
6 Road fuel gas
(1) At the end of section 5 of the Hydrocarbon Oil Duties Act 1979 (road fuel gas) (which becomes subsection (1)) add—
“(2) In this Act “natural road fuel gas” is road fuel gas with a methane content of not less than 80%.”
(2) For section 8(3) of that Act (rate of duty on road fuel gas) substitute—
“(3) The rate of the duty under this section shall be—(a) in the case of natural road fuel gas, £0.1110 a kilogram, and(b) in any other case, £0.1303 a kilogram.”
(3) After section 21(2) of that Act (regulations) insert—
“(2A) In the case of regulations made for the purposes mentioned in subsection (1)(c) above, different regulations may be made for different classes of road fuel gas.”
(4) This section shall come into force on 1st September 2004.
7 Sulphur-free fuel
(1) For section 1(3A) and (3B) of the Hydrocarbon Oil Duties Act 1979 (descriptions of hydrocarbon oil: ultra low sulphur petrol and unleaded petrol) substitute—
“(3A) “Ultra low sulphur petrol” means unleaded petrol—(a) the sulphur content of which does not exceed 0.005 per cent. by weight,(b) the aromatics content of which does not exceed 35 per cent. by volume, and(c) which is not sulphur-free petrol.
(3B) “Sulphur-free petrol” means unleaded petrol the sulphur content of which does not exceed 0.001 per cent. by weight (or is nil).
(3C) “Unleaded petrol” means petrol that contains not more than 0.013 grams of lead per litre of petrol; and petrol is “leaded petrol” if it is not unleaded petrol.”
(2) For section 1(6) of that Act (ultra low sulphur diesel) substitute—
“(6) “Ultra low sulphur diesel” means gas oil—(a) the sulphur content of which does not exceed 0.005 per cent. by weight,(b) the density of which does not exceed 835 kilograms per cubic metre at a temperature of 15°C,(c) of which not less than 95 per cent. by volume distils at a temperature not exceeding 345°C, and(d) which is not sulphur-free diesel.
(7) “Sulphur-free diesel” means gas oil the sulphur content of which...
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