The Finance Act 2009, Section 96 and Schedule 48 (Appointed Day, Savings and Consequential Amendments) Order 2009

JurisdictionUK Non-devolved
CitationSI 2009/3054
Year2009

2009 No. 3054 (C. 133)

Revenue And Customs

The Finance Act 2009, Section 96 and Schedule 48 (Appointed Day, Savings and Consequential Amendments) Order 2009

Made 19th November 2009

Laid before the House of Commons 20th November 2009

Coming into force 1st April 2010

The Treasury make the following Order in exercise of the powers conferred by section 96(3) to (6) of the Finance Act 20091:

Citation and commencement
S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Finance Act 2009, Section 96 and Schedule 48 (Appointed Day, Savings and Consequential Amendments) Order 2009 and comes into force on 1st April 2010.

Appointed day
S-2 Appointed day

Appointed day

2. The day appointed as the day on which the amendments made by section 96 of and Schedule 48 to the Finance Act 2009 (extension of information and inspection powers to further taxes) come into force is 1st April 2010.

Consequential amendments
S-3 Consequential amendments

Consequential amendments

3. The Schedule to this Order contains amendments of enactments in consequence of section 96(1) of and Schedule 48 to the Finance Act 2009.

Savings

Savings

S-4 In the Inheritance Tax Act 1984 , in relation to a notice given...

4. In the Inheritance Tax Act 19842, in relation to a notice given under section 219 or 219A of that Act (powers to require information and call for documents etc) before 1st April 2010—

(a) section 219B (appeal against requirement to produce documents etc) continues to have effect on and after that day despite its repeal by the Schedule to this Order, and

(b) section 245A (failure to provide information etc) applies on and after that day disregarding the amendments made by that Schedule.

S-5 In section 187 of the Finance Act 1993 (petroleum revenue tax:...

5. In section 187 of the Finance Act 19933(petroleum revenue tax: provision of information etc), in relation to a notice given under that section before 1st April 2010, the following provisions continue to have effect on and after that day despite their repeal by the Schedule to this Order—

(a) subsection (6) (right to object to notice), and

(b) subsection (8) (penalty for failure to comply with notice).

S-6 Despite their repeal by the Schedule to this Order, the...

6. Despite their repeal by the Schedule to this Order, the following provisions continue to have effect on and after 1st April 2010 where Her Majesty’s Revenue and Customs requested information or documents before that day—

(a) paragraph 17(1)(b) of Schedule 7 to the Finance Act 19944(insurance premium tax: penalty for failure to furnish information or produce documents),

(b) paragraph 22(1)(a) of Schedule 5 to the Finance Act 19965(landfill tax: penalty for failure to furnish information or produce documents),

(c) paragraphs 124(3) to (6) and 127(4) to (7) of Schedule 6 to the Finance Act 20006(climate change levy: penalties for failure to provide information or produce documents), and

(d) paragraphs 1(3) to (6) and 4(4) to (7) of Schedule 7 to the Finance Act 20017(aggregates levy: penalty for failure to provide information or produce documents).

S-7 The following savings are made in Part 4 of the Finance Act...

7.—(1) The following savings are made in Part 4 of the Finance Act 20038(stamp duty land tax).

(2) In relation to a notice given under paragraph 14 of Schedule 10 to that Act before 1st April 2010, the following paragraphs of that Schedule continue to have effect on and after that day despite their repeal by the Schedule to this Order—

(a)

(a) paragraph 159(appeal against notice requiring documents etc), and

(b)

(b) paragraph 16 (penalty for failure to produce documents etc).

(3) In relation to a notice given under paragraph 8 of Schedule 11A to that Act before 1st April 2010, the following paragraphs of that Schedule continue to have effect on and after that day despite their repeal by the Schedule to this Order—

(a)

(a) paragraph 910(appeal against notice requiring documents etc), and

(b)

(b) paragraph 10 (penalty for failure to produce documents).

(4) In relation to a notice given under Part 1 or 2 of Schedule 13 to that Act before 1st April 2010, subsections (3) and (6) of section 93 (penalty for failure to deliver a document or provide information) apply on and after that day disregarding the amendments made by the Schedule to this Order.

(5) In relation to an inspection made before 1st April 2010, section 94(2) (power to inspect premises: penalty for obstruction) continues to have effect on and after that day despite its repeal by the Schedule to this Order.

S-8 In Part 4 of the Finance Act 2004 (pension schemes), in...

8. In Part 4 of the Finance Act 200411(pension schemes), in relation to a notice given under section 252 of that Act before 1st April 2010, the following provisions continue to have effect on and after that day despite their repeal by the Schedule to this Order—

(a) section 25312(appeal against notice requiring documents or particulars), and

(b) section 259 (penalty for failure to produce documents).

Bob Blizzard

Dave Watts

Two of the Lords Commissioners of Her Majesty’s Treasury

19th November 2009

SCHEDULE

Article 3

SCHEDULE

SCH-1.1

1. Taxes Management Act 1970

Omit sections 110 and 111 of the Taxes Management Act 197013(valuation: powers to enter and inspect).

SCH-1.2

2. Inheritance Tax Act 1984

(1) The Inheritance Tax Act 198414is amended as follows.

(2) Omit sections 219, 219A and 219B (powers to require information and documents).

(3) Omit section 220 (power to inspect property).

(4) In section 245A (failure to provide information etc)—

(a)

(a) omit subsections (2) and (3),

(b)

(b) in subsection (4)—

(i) for “, (1A)(b), (2)(b) or (3)(b)” substitute “or (1A)(b)”,

(ii) at the end of paragraph (a) insert “or”, and

(iii) omit paragraphs (b) and (c), and

(c)

(c) in subsection (5)—

(i) for “, to comply with the requirements of section 218A or to comply with a notice” substitute “or to comply with the requirements of section 218A”, and

(ii) for “, to comply with the requirements of section 218A or to comply with the notice” substitute “or to comply with those requirements”.

SCH-1.3

3. Social Security Administration Act 1992

In section 110ZA of the Social Security Administration Act 199215(Class 1, 1A, 1B or 2 contributions: power to call for documents etc), in subsection (2)(d),—

(a) after “21” insert “, 21A”, and

(b) after “37(2)” insert “and (2A)”.

SCH-1.4

4. Social Security Administration (Northern Ireland) Act 1992

In section 104ZA of the Social Security Administration (Northern Ireland) Act 199216(Class 1, 1A, 1B or 2 contributions: power to call for documents etc), in subsection (2)(d)—

(a) after “21” insert “, 21A”, and

(b) after “37(2)” insert “and (2A)”.

SCH-1.5

5. Finance Act 1993

In the Finance Act 199317, omit—

(a) section 187(2) to (8) (petroleum revenue tax: return and information), and

(b) Schedule 21 (supplementary provisions about information).

SCH-1.6

6. Finance Act 1994

In Schedule 7 to the Finance 199418(insurance premium tax), omit—

(a) paragraphs 2, 3 and 4(1), and

(b) paragraph 17(1)(b) (but not the “or” after it).

SCH-1.7

7. Finance Act 1996

In Schedule 5 to the Finance Act 199619(landfill tax), omit—

(a) paragraphs 1, 3 and 4, and

(b) paragraph 22(1)(a) (and the “or” after it).

SCH-1.8

8. Finance Act 2000

In Schedule 6 to the Finance Act 200020(climate change levy), omit paragraphs 124, 127, 128 and 129.

SCH-1.9

9. Finance Act 2001

In Schedule 7 to the Finance Act 200121(aggregates levy: information and evidence), omit paragraphs 1, 4, 5 and 6.

SCH-1.10

10. Income Tax (Earnings and Pensions) Act 2003

In section 715 of the Income Tax (Earnings and Pensions) Act 200322(regulations relating to payroll giving), omit subsection (3)(a)(i).

SCH-1.11

11. Finance Act 2003

(1) Part 4 of the Finance Act 200323(stamp duty land tax) is amended as follows.

(2) In section 93 (information powers)—

(a)

(a) in subsection (2)—

(i) omit the entries relating to all Parts of Schedule 13 apart from Parts 3, 4, 6 and 8, and

(ii) in the entry relating to Part 4 for “Parts 1 to 3” substitute “Part 3”,

(b)

(b) in subsection (3), omit “1, 2 or”, and

(c)

(c) in subsection (6), omit “1, 2 or”.

(3) Omit section 94 (power to inspect premises).

(4) In Schedule 10 (returns, enquiries etc), omit paragraphs 14 to 16.

(5) In Schedule 11A24(claims not included in returns), omit paragraphs 8 to 10.

(6) In Schedule 13 (information powers)—

(a)

(a) omit paragraphs 1 to 13, 24 and 26 to 31,

(b)

(b) in paragraph 19, for “Parts 1 to” substitute “Part”,

(c)

(c) in paragraph 20(1), for “Parts 1 to 3 of this Schedule do” substitute “Part 3 of this Schedule does”,

(d)

(d) in paragraph 21, omit sub-paragraphs (1) and (2),

(e)

(e) in paragraph 22(1), omit “2 or”,

(f)

(f) in paragraph 22(2), for “those Parts” substitute “that Part”,

(g)

(g) in paragraph 23(1)—

(i) omit “1 or”, and

(ii) omit “, and as an alternative to delivering documents to comply with a notice under Part 2 of this Schedule,”,

(h)

(h) in paragraph 25(1), omit “2 or”,

(i)

(i) in paragraph 53(2)(a), for “1, 2, 3, or 5” substitute “3”,

(j)

(j) in paragraph 53(2)(b), omit “1(3), 6(3), 11(3) or”, and

(k)

(k) in paragraph 53(3), omit paragraph (b) (but not the “or” after it).

SCH-1.12

12. Child Trust Funds Act 2004

(1) Section 15 of the Child Trust Funds Act 200425(information from account providers etc) is amended as follows.

(2) In subsection (1)—

(a)

(a) omit “, or authorise officers of the Inland Revenue to require,”,

(b)

(b) for “relevant person” substitute “person who is or has been the account provider in relation to a child trust fund”, and

(c)

(c) for “a child trust fund” substitute “the child trust fund”.

(3) Omit subsection (2).

SCH-1.13

13. Finance Act 2004

In Part 4 of the Finance Act 200426(pension schemes etc), omit sections 252, 253 and 259 (notices...

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