Finance (No. 2) Act 1964
| Jurisdiction | UK Non-devolved |
Finance (No. 2) Act 1964
1964 CHAPTER 92
An Act to grant certain duties, to alter other duties and to make further provision in connection with Finance.
[17th December 1964]
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 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 I
Income Tax
1 Charge of income tax for 1965-66.
(1) Income tax for the year 1965-66 shall be charged at the standard rate of 8 s. 3 d. in the pound, and, in the case of an individual whose total income exceeds 2,000, at such higher rates in respect of the excess as Parliament may hereafter determine.
(2) Section 220(1) of the Income Tax Act 1952 (reduced rate relief), as amended by section 2(7) of the Finance Act 1955 of the Finance Act 1959 and section 12(5) of the Finance Act 1963 , shall be amended, as respects the year of assessment 1965-66 and subsequent years of assessment, by the substitution for the words ‘seven shillings and nine-pence’ in each place where they occur of the words ‘eight shillings and threepence’, and by the substitution for the words ‘3 s. 9 d. ’ and ‘1 s. 9 d. ’ of the words ‘4 s. 3 d. ’ and ‘2 s. 3 d. ’
Part II
Customs and Excise
Hydrocarbon oils, etc.
2 Hydrocarbon oils, petrol substitutes and power methylated spirits.
(1) There shall be charged on hydrocarbon oils imported into the United Kingdom a duty of customs at the rate of three shillings and threepence a gallon.
(2) A duty of excise at the same rate as the duty of customs charged under subsection (1) of this section shall be charged—
(a ) on hydrocarbon oils produced in the United Kingdom which, on or after 1st January 1965, are delivered for home use from a refinery or from other premises used for the production of hydrocarbon oils or from any bonded storage for hydrocarbon oils, and which are not chargeable with the customs duty on hydrocarbon oils;
(b ) on any petrol substitute which, on or after 1st January 1965, is sent out from the premises of a person producing or dealing in petrol substitutes and which was not acquired by him duty paid under this paragraph; and
(c ) on spirits used for making power methylated spirits (payable by the methylator immediately after the spirits have been so used).
(3) The duties charged by subsections (1) and (2) of this section are instead of the duties of customs and excise specifically charged on hydrocarbon oils, petrol substitutes and spirits used for making power methylated spirits by any Act other than this Act, but this subsection shall not affect excise duty under section 2 of the Finance Act 1950 (hydrocarbon oils) or section 3 of that Act (petrol substitutes) becoming chargeable before 1st January 1965 (which by virtue of the said section 2, as amended by the Hydrocarbon Oils (Excise Duty) Order 1953 , is at a rate 1 s. 3 d. per gallon less than the customs duty on hydrocarbon oils); and the reference in subsection (2)(b ) of this section to duty paid under that paragraph includes duty paid under the said section 3 of the Finance Act 1950.
(4) This section shall have effect as from 6 o'clock in the evening on 11th November 1964.
Temporary charges on imports
3 Charge of temporary customs duty.
(1) Subject to section 4 of this Act, there shall be charged on all goods imported into the United Kingdom a duty of customs which, subject to subsection (9) of this section, shall be fifteen per cent. of the value of the goods.
(2) Duty under this section chargeable on any goods shall be chargeable in addition to any other duty of customs for the time being chargeable thereon and, notwithstanding the provisions of section 3(1) of the Import Duties Act 1958 or of any other provision contained in an Act other than this Act, the charge of duty under this section shall not affect liability to customs duty chargeable under any other enactment or the amount of any such duty.
(3) Without prejudice to the last foregoing subsection, the definition of ‘revenue duty’ in Article 2(4) of the Import Duties (General) (No. 3) Order 1961 (under which duty under the Import Duties Act 1958 is, in certain cases, only chargeable so far as the relevant rate of duty exceeds the revenue duty) shall not include duty under this section.
(4) The charge of duty under this section shall not affect liability to purchase tax under Group 35 in Part I of Schedule 1 to the Purchase Tax Act 1963 (which charges manufactured beverages but excludes those chargeable with any duty of customs specifically charged on spirits, beer, or wine and preparations thereof).
(5) Section 259 of the Customs and Excise Act 1952 (duties in respect of dutiable parts or ingredients) shall not have effect in relation to duty under this section.
(6) Duty under this section in respect of goods entered for warehousing shall become chargeable at the time when, under section 28(2) of the Customs and Excise Act 1952, the goods are so entered for warehousing; and, so far as relates to duty under this section—
(a ) section 34(2)(a ) of that Act (incidence of duty) shall apply to goods so entered for warehousing as if they were goods entered for home use, and to the exclusion of section 88 and section 34(2)(b ) of that Act (under which the incidence of duty is in general determined as at the time of removal from warehouse), and
(b ) section 196 of that Act (time of payment of duty on hydrocarbon oils removed to a refinery), and section 6(1)(2) of the Finance Act 1964 (delivery of hydrocarbon oils for home use without payment of duty), shall not apply.
(7) Section 9 of the Finance Act 1961 (power to introduce surcharges or rebates in respect of customs and excise duties) shall not apply to duty under this section.
(8) For the purposes of section 10 of the Finance Act 1901 (under which the burden of a new duty imposed on a seller under a contract made before the new duty takes effect may, in the absence of agreement to the contrary, be transferred to the buyer) as it applies in relation to duty under this section, any terms in a contract expressly or impliedly making a seller liable for all customs duties (or all customs duties with exceptions not affecting duty under this section) shall not be deemed to amount to an agreement to the contrary (that is to say, to an agreement that the said section 10 shall not apply).
(9) The Treasury may from time to time by order reduce, or further reduce, the rate of duty of fifteen per cent. specified in subsection (1) of this section.
An order under this subsection—
(a ) may apply (subject always to section 4 of this Act) either generally or as respects goods of descriptions specified in the order, and
(b ) may provide that the duty shall cease to be in force, either generally or as respects goods of descriptions specified in the order, and
(c ) may vary or revoke a previous order under this subsection, but not so as to increase or reimpose duty on any goods, and
(d ) shall be made by statutory instrument subject to annulment in pursuance of a resolution of the House of Commons.
(10) Duty under this section shall be deemed to have come into force on 27th October 1964 and, in respect of goods so chargeable as from a date before the passing of this Act, shall become recoverable from the importer on the date of the passing of this Act.
(11) Subject to the next following subsection, duty under this section shall cease to be in force at the end of November 1965.
(12) The Treasury may by order in a statutory instrument, of which a draft has been approved by resolution of the House of Commons, direct that duty under this section shall continue in force until the end of November 1966.
4 Goods exempted from duty.
(1) Duty under section 3 of this Act shall not be charged on goods of the descriptions specified in Schedule 1 to this Act (being goods classified in accordance with the Customs Tariff 1959).
(2) The Treasury may by order add to Schedule 1 to this Act any description of goods specified in the order.
(3) An order under subsection (2) of this section—
(a ) subject to subsection (4) of this section, may amend the provisions of Schedule 1 to this Act,
(b ) subject to subsection (4) of this section, may vary or revoke a previous order under the said subsection (2), and
(c ) subject to subsection (5) of this section, shall be made by statutory instrument subject to annulment in pursuance of a resolution of the House of Commons.
(4) An order under subsection (2) of this section may exclude any description of goods specified in the order from Schedule 1 to this Act (so as to charge goods of that description with duty under section 3 of this Act) if and only if it appears to the Treasury that having regard to the descriptions of goods which, apart from the order, are so chargeable, the exemption with-drawn by the order is anomalous, and the order declares that it is made in pursuance of this subsection.
(5) An order made in pursuance of the last foregoing subsection shall not be subject to annulment as provided by subsection (3)(c ) of this section but shall be laid before the House of...
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