Finance Act 1947
| Jurisdiction | UK Non-devolved |
| Citation | 1947 c. 35 |
Finance Act , 1947.
(10 & 11 Geo. 6.) CHAPTER 35.
An Act to grant certain duties, to alter other duties, and to amend the law relating to the National Debt, the Public Revenue and Savings Banks and to make further provision in connection with Finance.
[31st July 1947]
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 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 King'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 I.
Customs and Excise.
1 Hydrocarbon oils 18 & 19 Geo 5. c. 17.
(1) The rate of any rebate allowed under section two of the Finance Act, 1928, on the delivery for home consumption of any fuel oils or any gas oils or any kerosene shall be increased from eightpence per gallon to ninepence per gallon.
(2) The duty chargeable by virtue of subsection (2) of section eight of the Finance (No. 2) Act, 1945 , on hydrocarbon oils used in a refinery for generating heat, light or power, or for producing gas, shall cease to be chargeable.
(3) Subsection (4) of the said section eight (which provides for payment to be made in respect of indigenous oils used in certain refineries) shall apply where indigenous hydrocarbon oils are used in such a refinery as is mentioned in that subsection for the purposes of—
(a ) generating heat, light or power for consumption outside the refinery; or
(b ) producing gas for use in generating heat, light or power for consumption outside the refinery,
as it applies where indigenous hydrocarbon oils are used in such a refinery as aforesaid for other purposes.
(4) For the purposes of this section—
the expression ‘fuel oils’ means hydrocarbon oils which contain in solution an amount of hard asphalt of not less than one half of one per cent.;
the expression ‘gas oils’ means hydrocarbon oils of which not more than fifty per cent. by volume distils at a temperature not exceeding 240 degrees centigrade, and of which more than fifty per cent. by volume distils at a temperature not exceeding 340 degrees centigrade;
the expression ‘kerosene’ means hydrocarbon oils which are not light oils as defined in subsection (3) of section two of the Finance Act, 1928, and of which more than fifty per cent. by volume distils at a temperature not exceeding 240 degrees centigrade;
the method of testing oils for the purpose of ascertaining whether they comply with the preceding provisions defining fuel oils, gas oils and kerosene shall be such as the Commissioners may direct; and
the expression ‘hydrocarbon oils’ has the meaning assigned to it by subsection (9) of section two of the Finance Act, 1928.
(5) This section shall—
(a ) except as to subsection (1) thereof so far as it relates to kerosene, be deemed to have had effect as from six o'clock in the evening on the fifteenth day of April, nineteen hundred and forty-seven; and
(b ) as to subsection (1) thereof so far as it relates to kerosene, come into operation at six o'clock in the evening on the thirty-first day of August, nineteen hundred and forty-seven.
2 Discontinuance of charge of duty on removal of oils to a refinery.
(1) Any requirement made by the Commissioners under subsection (3) of section eight of the Finance (No. 2) Act, 1945, or deemed for the purposes of that section to be so made, that customs duty shall be charged on the removal of hydrocarbon oils to a refinery instead of on their delivery therefrom shall cease to be in force on the first day of September, nineteen hundred and forty-seven, and no such requirement as aforesaid shall be made under the said subsection (3) after that date.
(2) Where it is shown to the satisfaction of the Commissioners that any oils were by virtue of the said subsection (3) charged with duty on their removal to a refinery, no duty shall be charged on their delivery for home consumption from the refinery on or after the said date, other than any amount payable under proviso (a ) to the said subsection (3) by reason of the conversion of the oils in the refinery into light oils, and any duty paid thereon, less any rebate allowed, shall be repaid on their removal to another refinery on or after that date.
3 Tobacco.
(1) In lieu of the duties of customs charged on tobacco under subsection (1) of section five of the Finance Act, 1943 , there shall be charged on tobacco imported into the United Kingdom of the descriptions set out in the first column of Part I of the First Schedule to this Act—
(a ) in the case of tobacco not being an Empire product, duties of customs at the rates respectively specified in the second column of that Part of that Schedule; and
(b ) in the case of tobacco being an Empire product, duties of customs at the rates respectively specified in the third column of that Part of that Schedule.
(2) In lieu of the duties of excise charged on tobacco under subsection (2) of the said section five, there shall be charged on tobacco grown in the United Kingdom of the descriptions set out in the first column of Part II of the First Schedule to this Act duties of excise at the rates respectively specified in the second column of that Part of that Schedule.
(3) The drawback allowed under section one of the Manufactured Tobacco Act, 1863 , on tobacco exported from the United Kingdom or deposited in a bonded or King's warehouse shall—
(a ) in cases where it is shown that the duties charged under subsection (1) of this section have been paid, be allowed—
(i) in respect of tobacco on which full customs duty has been paid, at the rates specified in the second column of Part III of the First Schedule to this Act; and
(ii) in respect of tobacco on which customs duty at a preferential rate has been paid, at the rates specified in the third column of that Part of that Schedule; and
(b ) in cases where it is shown that the duties charged under subsection (2) of this section have been paid, be allowed at the rates specified in the third column of that Part of that Schedule,
instead of at the rates specified in Part III of the Fourth Schedule to the Finance Act, 1943, but subject, in either of those cases, to the provisions affecting allowance of drawback contained in the Schedule to the Finance Act, 1904 .
(4) For the purposes of subsections (2) and (3) of section eight of the Finance Act, 1919 (which relate to articles manufactured in the British Empire from material which is not wholly grown or produced in the Empire and to goods manufactured in the United Kingdom from dutiable material shown to have been consigned from and grown or produced in the British Empire) the rates of the duties of customs imposed by this section in the case of tobacco being an Empire product shall be deemed to be preferential rates within the meaning of that section.
(5) In this section the expression ‘Empire product’ has the same meaning as it has for the purposes of the said section eight.
(6) This section shall be deemed to have had effect as from the sixteenth day of April, nineteen hundred and forty-seven.
4 Relief for pensioners in respect of increase in tobacco duty.
(1) The Treasury may by regulations provide—
(a ) for mitigating, in the case of pensioners satisfying the conditions of the regulations (whether as to age, class of pension or otherwise), the effect of the increase in the retail price of tobacco occasioned by the duties imposed by this Act;
(b ) for making up, out of sums received by the Commissioners of Customs and Excise on account of customs duties, the deficiency in the price received by persons supplying pensioners with tobacco in pursuance of the regulations.
(2) Regulations under this section may contain incidental and supplementary provisions and may in particular provide—
(a ) for preventing abuses of the provisions thereby made or of documents or tokens issued for the purposes thereof;
(b ) for the issue of tokens through the Post Office, and for applying, with the necessary adaptations, as respects tokens all or any of the provisions (including penal provisions) of the Stamp Duties Management Act, 1891 , section nine of the Stamp Act, 1891 , and section sixty-five nine of the Post Office Act, 1908 ;
(c ) without prejudice to the last preceding paragraph, for the imposition of penalties (including customs penalties) in respect of any contravention of or failure to comply with the regulations, so, however, that no person shall by virtue of this paragraph be punishable otherwise than on summary conviction or be liable for any offence to imprisonment for a term exceeding three months or to a fine exceeding one hundred pounds.
(3) Stamp duty shall not be chargeable on any receipt given to the Commissioners of Customs and Excise for money paid by virtue of paragraph (b ) of subsection (1) of this section.
(4) All regulations under this section shall be laid before the Commons House of Parliament immediately after they are made and if that House within the period of forty days beginning with the day on which any such regulations are laid before it resolves that the regulations be annulled they...
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