Finance Act 1985

JurisdictionUK Non-devolved
Citation1985 c. 54


Finance Act 1985

1985 CHAPTER 54

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.

[25th July 1985]

Most Gracious Sovereign,

W e , 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 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:—

I Customs and Excise and Value Added Tax

Part I

Customs and Excise and Value Added Tax

Chapter I

Customs and Excise

The rates of duty

The rates of duty

S-1 Spirits, beer, wine, made-wine and cider.

1 Spirits, beer, wine, made-wine and cider.

(1) In section 5 of the Alcoholic Liquor Duties Act 1979 (excise duty on spirits) for ‘15.48’ there shall be substituted ‘15.77’.

(2) In section 36 of that Act (excise duty on beer) for ‘24.00’ and ‘0.80’ there shall be substituted ‘25.80’ and ‘0.86’ respectively.

(3) For the Table of rates of duty in Schedule 1 to that Act (wine and made-wine) there shall be substituted the Table in Schedule 1 to this Act.

(4) With respect to wine or made-wine imported into or produced in the United Kingdom on or after 29th July 1985, Schedule 1 to this Act shall have effect with the substitution—

( a ) for the words ‘of less than 15’, in each place where they occur, of the words ‘not exceeding 15’; and

( b ) for the words ‘of not less than 15’ of the words ‘exceeding 15’.

(5) In section 62(1) of that Act (excise duty on cider) for ‘14.28’ there shall be substituted ‘15.80’.

(6) This section and Schedule 1 to this Act shall be deemed to have come into force on 20th March 1985.

S-2 Tobacco products.

2 Tobacco products.

(1) For the Table in Schedule 1 to the Tobacco Products Duty Act 1979 there shall be substituted—

‘Table

1. Cigarettes

An amount equal to 21 per cent. of the retail price plus 26.95 per thousand cigarettes.

2. Cigars 47.05 per kilogram.
3. Hand-rolling tobacco 43.73 per kilogram.

4. Other smoking tobacco and chewing tobacco.

24.95 per kilogram.’

(2) This section shall be deemed to have come into force on 22nd March 1985.

S-3 Hydrocarbon oil.

3 Hydrocarbon oil.

(1) In section 6(1) of the Hydrocarbon Oil Duties Act 1979 (rates of duty on hydrocarbon oil) for ‘0.1716’ (light oil) and ‘0.1448’ (heavy oil) there shall be substituted ‘0.1794’ and ‘0.1515’ respectively.

(2) This section shall be deemed to have come into force at 6 o'clock in the evening of 19th March 1985.

S-4 Vehicles excise duty.

4 Vehicles excise duty.

(1) The Vehicles (Excise) Act 1971 and the Vehicles (Excise) Act (Northern Ireland) 1972 shall be amended as follows.

(2) For the provisions of Part II of Schedules 1 to 5 to each of those Acts (annual rates of duty) there shall be substituted the provisions set out in Part I of Schedule 2 to this Act.

(3) The provisions of Part I of Schedule 4 to each of those Acts (annual rates of duty on goods vehicles: general provisions) shall have effect subject to the amendments made by Part II of Schedule 2 to this Act.

(4) In section 2(1)( b ) of each of those Acts (six month licence for vehicles with annual rate exceeding 18) for ‘18’ there shall be substituted ‘35’.

(5) In section 16 of the Act of 1971 (rates of duty for trade licences) in subsection (5), including that subsection as set out in paragraph 12 of Part I of Schedule 7 to that Act, for ‘44’ there shall be substituted ‘46’.

(6) In section 16 of the Act of 1972 (rates of duty for trade licences) in subsection (6), including that subsection as set out in paragraph 12 of Part I of Schedule 9 to that Act, for ‘44’ there shall be substituted ‘46’.

(7) In the heading of Schedule 1 to each of those Acts and in paragraph 1 of Part I of each of those Schedules (annual rates of duty on certain vehicles not exceeding 425 kilograms) for ‘425 KG.’ and ‘425 kilograms’ there shall be substituted respectively ‘450KG.’ and ‘450 kilograms’.

(8) This section applies in relation to licences taken out after 19th March 1985.

Other provisions

Other provisions

S-5 Blending of certain wines to constitute productionof wine.

5 Blending of certain wines to constitute productionof wine.

(1) In section 54 of the Alcoholic Liquor Duties Act 1979 (charge of excise duty on wine) at the end of subsection (3) there shall be inserted the following subsections:—

(3A) For the purposes of this Act, the process of blending or otherwise mixing two or more wines (in this subsection referred to as ‘the constituent wines’) constitutes the production of wine if—

( a ) the rate of duty applicable to one of the constituent wines is different from that applicable to the other

or, as the case may be, at least one of the others; and

( b ) the rate of duty applicable to the wine which is the product of the blending or other mixing is higher than that which is applicable to at least one of the constituent wines; and

( c ) the blending or other mixing is with a view to dealing wholesale in the wine which is the product thereof;

and for the purposes of this subsection the rate of duty applicable to any wine is that which is or would be chargeable under subsection (1) above on its importation into the United Kingdom or, as the case may be, on its production as mentioned in paragraph ( b ) of that subsection.

(3B) Where, by virtue of subsection (3A) above, wine is produced in the United Kingdom, duty shall be chargeable on that wine by virtue of paragraph ( b ) of subsection (1) above whether or not duty was previously charged on all or any of the constituent wines by virtue of paragraph ( a ) or paragraph ( b ) of that subsection; but nothing in this subsection shall affect the operation of any regulations under section 56 below giving relief from duty on wine so produced by reference to duty charged on all or any of the constituent wines.’

(2) Subsection (1) above has effect in relation to the blending or otherwise mixing of wines on or after 26th March 1985.

S-6 Miscellaneous amendments relating to spirits and beer.

6 Miscellaneous amendments relating to spirits and beer.

(1) The Alcoholic Liquor Duties Act 1979 shall have effect subject to the amendments in Schedule 3 to this Act (being amendments relating to spirits and beer).

(2) Paragraphs 3 and 4 of Schedule 3 to this Act shall come into operation on such day as the Commissioners of Customs and Excise may by order made by statutory instrument appoint; and a different day may be so appointed for each of those paragraphs.

S-7 Hydrocarbon oil: mixing etc.

7 Hydrocarbon oil: mixing etc.

(1) Schedule 4 to this Act (which contains provisions about mixing hydrocarbon oil etc.) shall have effect.

(2) That Schedule shall come into operation on such day as the Commissioners of Customs and Excise may by order made by statutory instrument appoint.

S-8 Gaming machine licence duty.

8 Gaming machine licence duty.

(1) The Betting and Gaming Duties Act 1981 (in this section referred to as ‘the 1981 Act’) shall have effect subject to the amendments in Part I of Schedule 5 to this Act, being amendments designed—

( a ) to enable the type of gaming machine licence which may be granted and the amount of duty payable thereon to be determined by reference to the value of the maximum prize obtainable by a successful player of the machine; and

( b ) to extend to Northern Ireland the provisions of the 1981 Act relating to gaming machine licence duty.

(2) Part II of Schedule 5 to this Act shall have effect for the purpose of extending to Northern Ireland certain subordinate legislation made under the 1981 Act.

(3) Nothing in Schedule 5 to this Act has effect with respect to licences granted or to be granted for any period beginning before 1st October 1985.

(4) In consequence of the extension to Northern Ireland referred to in subsection (1)( b ) above, no gaming machine licence shall be issued under Part V of the Miscellaneous Transferred Excise Duties Act (Northern Ireland) 1972 in respect of any period beginning on or after 1st October 1985.

S-9 Vehicles excise duty: fees.

9 Vehicles excise duty: fees.

(1) In section 13 of the Vehicles (Excise) Act 1971 (temporary licences) the following subsection shall be inserted after subsection (2)—

(2A) Where an application for a vehicle licence is made to a body authorised by the Secretary of State to act as his agent for the purpose of issuing licences, then, before the body issues a licence under subsection (1)( a ) above, it may require the applicant to pay to it in connection with the issue a fee of 2 or such other sum as may be prescribed.’

(2) In section 37(2) of that Act (cases where fees may be prescribed without Treasury approval) after ‘made by’ there shall be inserted ‘section 13(2A) or’.

S-10 Computer records etc.

10 Computer records etc.

(1) Any provision made by or under any enactment which requires a person,...

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