Access to Justice Act 1999 (Commencement No. 9 and Transitional Provisions) (Scotland) Order 2003

JurisdictionScotland
CitationSSI 2003/207
Year2003

2003 No. 207 (C. 42)

INCOME TAXGENERAL COMMISSIONERS OF INCOME TAX

The Access to Justice Act 1999 (Commencement No. 9 and Transitional Provisions) (Scotland) Order 2003

Made 20th March 2003

The Scottish Ministers, in exercise of the powers conferred by section 108(1) of, and paragraph 1(1) of Schedule 14 to, the Access to Justice Act 19991, hereby make the following Order:

S-1 Citation and extent

Citation and extent

1.—(1) This Order may be cited as the Access to Justice Act 1999 (Commencement No. 9 and Transitional Provisions) (Scotland) Order 2003.

(2) This Order extends to Scotland only.

S-2 Commencement of provisions of the Access to Justice Act 1999

Commencement of provisions of the Access to Justice Act 1999

2. 31st March 2003 is the appointed day for the coming into force of the following provisions of the Access to Justice Act 1999:–

(a) section 101 (General Commissioners: immunity from action);

(b) section 102 (General Commissioners: immunity from costs and expenses); and

(c) section 103 (General Commissioners and clerks: indemnity).

S-3 Transitional Provision

Transitional Provision

3. Section 2A of the Taxes Management Act 19702shall not apply to proceedings commenced in Scotland before 31st March 2003 in respect of any act or omission of a General Commissioner of income tax in the execution (or purported execution) of his or her duty.

JAMES WALLACE

A member of the Scottish Executive

St Andrew’s House, Edinburgh

20th March 2003

(This note is not part of the Order)

This Order brings into force on 31st March 2003, in relation to Scotland, a number of provisions of the Access to Justice Act 1999 (“the 1999 Act”).

Article 2 commences sections 101 to 103 of the 1999 Act. The sections commenced amend section 2 of the Taxes Management Act 1970 (“the 1970 Act”), and introduce new sections 2A and 3A to the 1970 Act. Provision is made for immunity from action and costs of General Commissioners of income tax, and indemnity against costs for both General Commissioners and their clerks.

Article 3 provides that section 2A of the 1970 Act will not apply to proceedings that are commenced before the date on which that section comes into force.

(This note is not part of the Order)

The following provisions of the Access to Justice Act 1999 have been brought into force by commencement orders made before the date of this Order:–

Provision

Date of Commencement

Statutory Instrument No.

Sections 36, 40, 42, 46 and 49

27.9.1999

1999/2657

Section 43 and Schedule 6 (partially)

27.9.1999

1999/2657

Section 48 and Schedule 7

27.9.1999

1999/2657

Section 66 and Schedule 9

27.9.1999

1999/2657

Section 67(2) (in certain areas only)

27.9.1999

1999/2657

Section 83(1) (partially)

27.9.1999

1999/2657

Section 83(3) and Schedule 12 (partially)

27.9.1999

1999/2657

Sections 88 and 89

27.9.1999

1999/2657

Section 105

27.9.1999

1999/2657

Section 106 and Schedule 15 (partially)

27.9.1999

1999/2657

Section 53

1.11.1999

1999/2657

Section 106 and Schedule 15 (partially)

1.11.1999

1999/2657

Section 79

12.11.1999

1999/2657

Section 106 and Schedule 15 (partially)

12.11.1999

1999/2657

Section 35

1.1.2000

1999/3344

Section 41 and Schedule 5

1.1.2000

1999/3344

Section 43 and Schedule 6 (partially)

1.1.2000

1999/3344

Section 71

1.1.2000

1999/3344

Section 85

1.1.2000

1999/3344

Section 106 and Schedule 15 (partially)

1.1.2000

1999/3344

Section 83(1) (partially)

1.3.2000

1999/3344

Section 83(3) and Schedule 12 (partially)

1.3.2000

1999/3344

Section 1 and Schedule 1

1.4.2000

2000/774

Sections 2 to 5

1.4.2000

2000/774

Section 6 and Schedule 2

1.4.2000

2000/774

Sections 7 to 11 and 19 to 23

1.4.2000

2000/774

Section 24 and Schedule 4 (partially)

1.4.2000

2000/774

Sections 25 and 26

1.4.2000

2000/774

Sections 27, 29 and 30

1.4.2000

2000/774

Section 106 and Schedule 15 (partially)

1.4.2000

2000/774

Sections 37, 38 and 39

31.7.2000

2000/1920

Section 44

31.7.2000

2000/1920

Section 106 and Schedule 15 (partially)

31.7.2000

2000/1920

Section 78 and Schedule 11

31.8.2000

2000/1920

Section 83(2) (partially)

31.8.2000

2000/1920

Section 106 and Schedule 15 (partially)

31.8.2000

2000/1920

Section 67(2) (partially)

8.1.2001

2000/3280

Sections 92 to 95

8.1.2001

2000/3280

Section 106 and Schedule 15 (partially)

8.1.2001

2000/3280

Sections 96 and 97

19.2.2001

2001/168

Section 106 and Schedule 15 (partially)

19.2.2001

2001/168

Section 83 and Schedule 12 (partially)

1.4.2001

2001/916

Section 90 and Schedule 13

1.4.2001

2001/916

Section 91

1.4.2001

2001/916

Sections 98, 99 and 100

1.4.2001

2001/916

Sections 101, 102 and 103 (in relation to England and Wales and Northern Ireland only)

1.4.2001

2001/916

Section 106 and Schedule 15 (partially)

1.4.2001

2001/916

Sections 12 to 18 and Schedule 3

2.4.2001

2001/916

Section 24 and Schedule 4 (partially)

2.4.2001

2001/916

Section 106 and Schedule 15 (partially)

2.4.2001

2001/916

Section 47

25.5.2001

2001/1655


(1) 1999 c. 22. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2003 (S.I. 2003/415), article 2 and the Schedule.
(2) 1970 c. 9. Section 2A is inserted by section 102 of the Access to Justice Act 1999 (c. 22), and the functions of the Secretary of State were transferred to the Scottish Ministers by virtue of the Scotland Act 1998 (Transfer of functions to the Scottish Ministers etc.) Order 2003 (S.I. 2003/415), article 2 and the Schedule.

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