Finance Act 2004 (c. 12)
(The document as of February, 2008)
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Finance Act 2004
2004 CHAPTER 12
CONTENTS
Content
Part 1
Excise duties
Tobacco products duty
1. Rates of tobacco products duty
Alcoholic liquor duties
2. Rate of duty on beer
3. Rates of duty on wine and made-wine
4. Duty stamps for spirits etc
Hydrocarbon oil etc duties
5. Rates
6. Road fuel gas
7. Sulphur-free fuel
8. Definition of "fuel oil"
9. Mixing of rebated oil
10. Bioethanol
11. Biodiesel
12. Fuel substitutes
13. Warehousing
14. Treatment of certain energy products
Betting and gaming duties
15. General betting duty: pool betting
16. Rates of gaming duty
Amusement machine licence duty
17. Amusement machine licence duty: rates
Vehicle excise duty
18. Fee for payment of duty by credit card
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Part 2
Value added tax
19. Disclosure of VAT avoidance schemes
20. Groups
21. Reverse charge on gas and electricity supplied by persons outside UK
22. Use of stock in trade cars for consideration less than market value
Part 3
Income tax, corporation tax and capital gains tax
Chapter 1
Income tax and corporation tax charge and rate bands
Income tax
23. Charge and rates for 2004-05
24. Personal allowances for those aged 65 or more
Corporation tax
25. Charge and main rate for financial year 2005
26. Small companies' rate and fraction for financial year 2004
27. Corporation tax starting rate and fraction for financial year 2004
28. The non-corporate distribution rate
Trusts
29. Special rates of tax applicable to trusts
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Chapter 2
Corporation tax: general
Transfer pricing
30. Provision not at arm's length: transactions between UK taxpayers etc
31. Exemptions for dormant companies and small and medium-sized enterprises
32. Special applications of paragraph 6 of Schedule 28AA to the Taxes Act 1988
Penalties: temporary relaxation
33. Provision not at arm's length: temporary relaxation of liability to penalty
Thin capitalisation
34. Payments of excessive interest etc
35. Elimination of double counting etc
36. Balancing payments and elections to pay tax instead
Transfer pricing and thin capitalisation: commencement
37. Commencement and transitional provisions
Expenses of companies with investment business and insurance companies
38. Expenses of management: companies with investment business
39. Accounting period to which expenses of management are referable
40. Expenses of insurance companies
41. Related amendments to other enactments
42. Commencement of sections 38 to 41
43. Companies with investment business: transitional provisions
44. Insurance companies: transitional provisions
Amounts reversing expenses of management deducted
45. Amounts reversing expenses of management deducted: charge to tax
Power to make consequential amendments
46. Power to make consequential amendments
Insurance companies: miscellaneous
47. Insurance companies etc.
Loan relationships and derivative contracts
48. Loan relationships: miscellaneous amendments
49. Derivative contracts: miscellaneous amendments
Accounting practice
50. Generally accepted accounting practice
51. Use of different accounting practices within a group of companies
52. Amendment of enactments that operate by reference to accounting practice
53. Treatment of expenditure on research and development
Chapter 3
Construction industry scheme
Introduction
57. Introduction
58. Sub-contractors
59. Contractors
Deductions on account of tax from contract payments to sub-contractors
60. Contract payments
61. Deductions on account of tax from contract payments
62. Treatment of sums deducted
Registration of sub-contractors
63. Registration for gross payment or for payment under deduction
64. Requirements for registration for gross payment
65. Change in control of company registered for gross payment
66. Cancellation of registration for gross payment
67. Registration for gross payment: appeals
68. Registration for payment under deduction: cancellation and appeals
Verification, returns etc and penalties
69. Verification etc of registration status of sub-contractors
70. Periodic returns by contractors etc
71. Collection and recovery of sums to be deducted
72. Penalties
Supplementary
73. Regulations under this Chapter: supplementary
74. Meaning of "construction operations"
75. Meaning of "the Inland Revenue" etc and delegation of Board's functions
76. Consequential amendments
77. Commencement and transitional provision
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Chapter 4
Personal taxation
Taxable benefits
78. Childcare and childcare vouchers
79. Exemption for loaned computer equipment
80. Vans
81. Emergency vehicles
82. European travel expenses of MPs and other representatives
Gift aid
83. Giving through the self-assessment return
Gifts with a reservation
84. Charge to income tax by reference to enjoyment of property previously owned
Employment-related securities and options
85. Relief where national insurance contributions met by employee
86. Shares in employee-controlled companies and unconnected companies
87. Restricted securities with artificially depressed value
88. Shares under approved plans and schemes
89. Shares acquired on public offer
90. Associated persons etc.
Miscellaneous
91. Income of spouses: jointly held property
92. Minor amendments of or connected with ITEPA 2003
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Chapter 5
Enterprise incentives
93. Enterprise investment scheme
94. Venture capital trusts
95. Corporate venturing scheme
96. Enterprise management incentives: subsidiaries
Chapter 6
Exemption from income tax for certain interest and royalty payments
Introductory
97. Introductory
Exemption from income tax
98. Exemption from income tax for certain interest and royalty payments
99. Permanent establishments and "25% associates"
Exemption notices
100. Interest payments: exemption notices
Payment without deduction
101. Payment of royalties without deduction at source
102. Claim for tax deducted at source from exempt interest or royalty payments
Special relationships and anti-avoidance
103. Special relationships
104. Anti-avoidance
Supplementary
105. Consequential amendments
106. Transitional provision
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Chapter 7
Savings income: double taxation arising from withholding tax
Introductory
107. Introductory
Credit etc for special withholding tax
108. Income tax credit etc for special withholding tax
109. Capital gains tax credit etc for special withholding tax
110. Credit under Part 18 of Taxes Act 1988 to be allowed first
Computation of income etc
111. Computation of income etc subject to special withholding tax only
112. Computation of income etc subject to foreign tax and special withholding tax
Certificates to avoid levy of special withholding tax
113. Issue of certificate
114. Refusal to issue certificate and appeal against refusal
Supplementary
115. Supplementary
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Chapter 8
Chargeable gains
116. Restriction of gifts relief etc
117. Private residence relief
118. Authorised unit trusts: treatment of umbrella schemes
Chapter 9
Avoidance involving loss relief or partnership
Individuals benefited by film relief
119. Individuals benefited by film relief
120. "Disposal of a right of the individual to profits arising from the trade"
121. "The losses claimed" and "the individual's capital contribution to the trade"
122. Computing the chargeable amount
123. "Film-related losses" and "non-taxable consideration"
Individuals in partnership: restriction of relief
124. Restriction of relief: non-active partners
125. Partnerships exploiting films
Individuals in partnership: exit charge
126. Losses derived from exploiting licence: introductory
127. Charge to income tax
128. Definitions for purposes of section 127
129. Disposals to which section 126 applies
130. "A significant amount of time"
Companies in partnership
131. Companies in partnership
132. Companies in partnership: supplementary
133. Relationship with chargeable gains
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Chapter 10
Avoidance: miscellaneous
134. Finance leasebacks
135. Rent factoring of leases of plant or machinery
136. Manufactured dividends
137. Manufactured payments under arrangements having an unallowable purpose
138. Gilt strips
139. Gifts of shares, securities and real property to charities etc
140. Life policies etc.: restriction of corresponding deficiency relief
Chapter 11
Miscellaneous
Reliefs for business
141. Relief for research and development: software and consumable items
142. Temporary increase in amount of first-year allowances for small enterprises
143. Deduction for expenditure by landlords on energy-saving items
144. Lloyd's names: conversion to limited liability underwriting
Offshore matters
145. Offshore funds
146. Meaning of "offshore installation"
Health
147. Immediate needs annuities
148. Corporation tax: health service bodies
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Part 4
Pension schemes etc
Chapter 1
Introduction
Introductory
149. Overview of Part 4
Main concepts
150. Meaning of "pension scheme"
151. Meaning of "member"
152. Meaning of "arrangement"
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Chapter 2
Registration of pension schemes
Registration
153. Registration of pension schemes
154. Persons by whom registered pension scheme may be established
155. Persons by whom scheme may be established: supplementary
156. Appeal against decision not to register
De-registration
157. De-registration
158. Grounds for de-registration
159. Appeal against decision to de-register
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Chapter 3
Payments by registered pension schemes
Introductory
160. Payments by registered pension schemes
161. Meaning of "payment" etc
162. Meaning of "loan"
163. Meaning of "borrowing" etc
Authorised member payments
164. Authorised member payments
165. Pension rules
166. Lump sum rule
167. Pension death benefit rules
168. Lump sum death benefit rule
169. Recognised transfers
170. Appeal against decision to exclude recognised overseas pension scheme
171. Scheme administration member payments
Unauthorised member payments
172. Assignment
173. Benefits
174. Value shifting
Authorised employer payments
175. Authorised employer payments
176. Public service scheme payment
177. Authorised surplus payment
178. Compensation payments
179. Authorised employer loan
180. Scheme administration employer payments
Unauthorised employer payments
181. Value shifting
Borrowing
182. Unauthorised borrowing: money purchase arrangements
183. Effect of unauthorised borrowing: money purchase arrangements
184. Unauthorised borrowing: other arrangements
185. Effect of unauthorised borrowing: other arrangements
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Chapter 4
Registered pension schemes: tax reliefs and exemptions
Scheme investments
186. Income
187. Chargeable gains
Members' contributions
188. Relief for contributions
189. Relevant UK individual
190. Annual limit for relief
191. Methods of giving relief
192. Relief at source
193. Relief under net pay arrangements
194. Relief on making of claim
195. Transfer of certain shares to be treated as payment of contribution
Employers' contributions
196. Relief for employers in respect of contributions paid
197. Spreading of relief
198. Spreading of relief: cessation of business
199. Deemed contributions
200. No other relief for employers in connection with contributions
201. Relief for employees
Inland Revenue contributions
202. Minimum contributions under pensions legislation
Inheritance tax exemptions
203. Inheritance tax exemptions
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Chapter 5
Registered pension schemes: tax charges
Charges on authorised payments
204. Authorised pensions and lump sums
205. Short service refund lump sum charge
206. Special lump sum death benefits charge
207. Authorised surplus payments charge
Unauthorised payments charge
208. Unauthorised payments charge
209. Unauthorised payments surcharge
210. Surchargeable unauthorised member payments
211. Valuation of crystallised rights for purposes of section 210
212. Valuation of uncrystallised rights for purposes of section 210
213. Surchargeable unauthorised employer payments
Lifetime allowance charge
214. Lifetime allowance charge
215. Amount of charge
216. Benefit crystallisation events and amounts crystallised
217. Persons liable to charge
218. Individual's lifetime allowance and standard lifetime allowance
219. Availability of individual's lifetime allowance
220. Pension credits from previously crystallised rights
221. Non-residence: general
222. Non-residence: money purchase arrangements
223. Non-residence: other arrangements
224. Transfers from recognised overseas pension scheme: general
225. Overseas scheme transfers: money purchase arrangements
226. Overseas scheme transfers: other arrangements
Annual allowance charge
227. Annual allowance charge
228. Annual allowance
229. Total pension input amount
230. Cash balance arrangements
231. Cash balance arrangements: uprating of opening value
232. Cash balance arrangements: adjustments of closing value
233. Other money purchase arrangements
234. Defined benefits arrangements
235. Defined benefits arrangements: uprating of opening value
Chapter 6
Schemes that are not registered pension schemes
Non-UK schemes
243. Overseas pension schemes: migrant member relief
244. Non-UK schemes: application of certain charges
Employer-financed retirement benefit schemes
245. Restriction of deduction for contributions by employer
246. Restriction of deduction for non-contributory provision
247. Abolition of income tax charge in respect of employer payments
248. Employer's cost of insuring against non-payment of benefit
249. Taxation of non-pension benefits
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Chapter 7
Compliance
Information
250. Registered pension scheme return
251. Information: general requirements
252. Notices requiring documents or particulars
253. Appeal against notices
Accounting and assessment
254. Accounting for tax by scheme administrators
255. Assessments under this Part
Registration regulations
256. Enhanced lifetime allowance regulations
Penalties
257. Registered pension scheme return
258. Information required by regulations
259. Documents and particulars required by notice
260. Accounting return
261. Enhanced lifetime allowance regulations: documents and information
262. Enhanced lifetime allowance regulations: failures to comply
263. Lifetime allowance enhanced protection: benefit accrual
264. False statements etc
265. Winding-up to facilitate payment of lump sums
266. Transfers to insured schemes
Discharge of tax liability: good faith
267. Lifetime allowance charge
268. Unauthorised payments surcharge and scheme sanction charge
269. Appeal against decision on discharge of liability
Scheme administrator
270. Meaning of "scheme administrator"
271. Liability of scheme administrator
272. Trustees etc. liable as scheme administrator
273. Members liable as scheme administrator
274. Supplementary
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Chapter 8
Supplementary
Interpretation
275. Insurance company
276. Relevant valuation factor
277. Valuation assumptions
278. Market value
279. Other definitions
280. Abbreviations and general index
Other supplementary provisions
281. Minor and consequential amendments
282. Orders and regulations
283. Transitionals and savings
284. Commencement
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Part 5
Oil
285. Certain receipts not to be tariff receipts
286. Petroleum extraction activities: exploration expenditure supplement
287. Restrictions on expenditure allowable
288. Terminal losses
Part 6
Other taxes
Climate change levy
289. Supplies to producers of commodities
Aggregates levy
290. Transitional tax credit in Northern Ireland: changes to existing scheme
291. Transitional tax credit in Northern Ireland: new scheme
Lorry road-user charge
292. Lorry road-user charge
Inheritance tax
293. Delivery of accounts etc
294. Grant of probate
295. Amendments to penalty regime
Stamp duty land tax and stamp duty
296. Miscellaneous amendments
Stamp duty land tax
297. Leases
298. Notification, registration and penalties
299. Claims not included in returns
300. Assents and appropriations by personal representatives
301. Chargeable consideration
302. Charities relief
303. Shared ownership leases
304. Application to certain partnership transactions
305. Liability of partners
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Part 7
Disclosure of tax avoidance schemes
306. Meaning of "notifiable arrangements" and "notifiable proposal"
307. Meaning of "promoter"
308. Duties of promoter
309. Duty of person dealing with promoter outside United Kingdom
310. Duty of parties to notifiable arrangements not involving promoter
311. Arrangements to be given reference number
312. Duty of promoter to notify client of number
313. Duty of parties to notifiable arrangements to notify Board of number, etc.
314. Legal professional privilege
315. Penalties
316. Information to be provided in form and manner specified by Board
317. Regulations under Part 7
318. Interpretation of Part 7
319. Part 7: commencement and savings
Part 8
Miscellaneous matters
320. Exclusion of extended limitation period in England, Wales and Northern Ireland
321. Exclusion of extended prescriptive period in Scotland
322. Mutual assistance: customs union with the Principality of Andorra
323. Ending of shipbuilders' relief
324. Government borrowing: preparations for possible adoption of Euro
325. Premium bonds
Part 9
Supplementary provisions
326. Repeals
327. Interpretation
328. Short title
Schedule 1
New Schedule 2A to the Alcoholic Liquor Duties Act 1979
Schedule 2
Disclosure of value added tax avoidance schemes
Part 1
Principal amendments of Value Added Tax Act 1994
Part 2
Consequential amendments
Schedule 3
Corporation tax: the non-corporate distribution rate: supplementary provisions
Part 1
General provisions
Part 2
Allocation of excess NCDs to other companies
Part 3
Other supplementary provisions
Schedule 4
Amendments relating to the rate applicable to trusts
Schedule 5
Provision not at arm's length: related amendments
Schedule 6
Expenses of companies with investment business and insurance companies
Schedule 7
Insurance companies etc
Schedule 8
Loan relationships: miscellaneous amendments
Schedule 9
Derivative contracts: miscellaneous amendments
Schedule 10
Amendment of enactments that operate by reference to accounting practice
Part 1
Loan relationships
Part 2
Derivative contracts
Part 3
Intangible fixed assets
Part 4
Foreign currency accounting
Schedule 11
Conditions for registration for gross payment
Part 1
Conditions to be satisfied by individuals
Part 2
Conditions to be satisfied by firms
Part 3
Conditions to be satisfied by companies
Part 4
Supplementary provisions
Schedule 12
Construction industry scheme: consequential amendments
Schedule 13
Childcare and childcare vouchers
Schedule 14
Vans
Schedule 15
Charge to income tax on benefits received by former owner of property
Schedule 16
Relief where national insurance contributions met by employee
Schedule 17
Minor amendments of or connected with the Income Tax (Earnings and Pensions) Act 2003
Schedule 18
Enterprise investment scheme
Part 1
Income tax relief
Part 2
Deferral relief
Part 3
Commencement
Schedule 19
Venture capital trusts
Part 1
Increase in relief on investments and distributions
Part 2
Abolition of deferral relief
Part 3
Miscellaneous
Schedule 20
Corporate venturing scheme
Schedule 21
Chargeable gains: restriction of gifts relief etc
Schedule 22
Chargeable gains: private residence relief
Schedule 23
Finance leasebacks: transitional provision
Schedule 24
Manufactured dividends
Schedule 25
Lloyd's names: conversion to limited liability underwriting
Schedule 26
Offshore funds
Schedule 27
Meaning of "offshore installation"
Part 1
The new definition
Part 2
Minor and consequential amendments
Schedule 28
Registered pension schemes: authorised pensions--supplementary
Part 1
Pension rules
Part 2
Pension death benefit rules
Schedule 29
Registered pension schemes: authorised lump sums--supplementary
Part 1
Lump sum rule
Part 2
Lump sum death benefit rule
Schedule 30
Registered pension schemes: employer loans
Schedule 31
Taxation of benefits under registered pension schemes
Schedule 32
Registered pension schemes: benefit crystallisation events--supplementary
Schedule 33
Overseas pension schemes: migrant member relief
Schedule 34
Non-UK schemes: application of certain charges
Schedule 35
Pension schemes etc: minor and consequential amendments
Schedule 36
Pension schemes etc: transitional provisions and savings
Part 1
Pre-commencement pension schemes
Part 2
Pre-commencement rights: lifetime allowance charge
Part 3
Pre-commencement benefit rights
Part 4
Other provisions
Schedule 37
Oil taxation: tax-exempt tariffing receipts and assets producing them
Part 1
Amendments of the Oil Taxation Act 1983 relating to allowable expenditure and disposal receipts
Part 2
Transitional provision
Part 3
Amendments of the Taxes Act 1988
Part 4
Amendments of other enactments
Schedule 38
Schedule to be inserted as Schedule 19B to the Taxes Act 1988
Schedule 39
Stamp duty land tax and stamp duty
Part 1
Amendments to Part 4 of the Finance Act 2003: general
Part 2
Re-enactment, with changes, of amendments made by section 109 regulations
Schedule 40
Stamp duty land tax: claims not included in returns
Schedule 41
Stamp duty land tax: application to certain partnership transactions
Schedule 42
Repeals
Part 1
Excise duties
Part 2
Income tax, corporation tax and capital gains tax
Part 3
Pension schemes etc
Part 4
Other taxes
Part 5
Miscellaneous matters
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.
[22nd July 2004]
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 to 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 1 Excise duties
Tobacco products duty
1 Rates of tobacco products duty
(1) For the Table of rates of duty in Schedule 1 to the Tobacco Products Duty Act 1979 (c. 7) substitute--
Table
| 1.  Cigarettes | An amount equal to 22 per cent of the retail price plus £99.80 per thousand cigarettes. |
| 2.  Cigars | £145.35 per kilogram. |
| 3.  Hand-rolling tobacco | £104.47 per kilogram. |
| 4.  Other smoking tobacco and chewing tobacco | £63.90 per kilogram. |
(2) This section shall be deemed to have come into force at 6 o'clock in the evening of 17th March 2004.
Alcoholic liquor duties
2 Rate of duty on beer
(1) In section 36(1AA)(a) of the Alcoholic Liquor Duties Act 1979 (c. 4) (rate of duty on beer) for "£12.22" substitute "£12.59".
(2) This section shall be deemed to have come into force at midnight on 21st March 2004.
3 Rates of duty on wine and made-wine
(1) For Part 1 of the Table of rates of duty in Schedule 1 to the Alcoholic Liquor Duties Act 1979 (rates of duty on wine and made-wine) substitute--
" Part 1 Wine and made-wine of a strength not exceeding 22 per cent
| Description of wine or made-wine | Rates of duty per hectolitre |
|---|
| £ |
| Wine or made-wine of a strength not exceeding 4 per cent | 50.38 |
| Wine or made-wine of a strength exceeding 4 per cent but not exceeding 5.5 per cent | 69.27 |
| Wine or made-wine of a strength exceeding 5.5 per cent but not exceeding 15 per cent and not sparkling | 163.47 |
| Sparkling wine or sparkling made-wine of a strength exceeding 5.5 per cent but less than 8.5 per cent | 166.70 |
| Sparkling wine or sparkling made-wine of a strength of 8.5 per cent or of a strength exceeding 8.5 per cent but not exceeding 15 per cent | 220.54 |
| Wine or made-wine of a strength exceeding 15 per cent but not exceeding 22 per cent | 217.95 " |
(2) This section shall be deemed to have come into force at midnight on 21st March 2004.
4 Duty stamps for spirits etc
(1) At the beginning of Part 6 of the Alcoholic Liquor Duties Act 1979 (c. 4) (general control provisions) under the heading "Sale of dutiable alcoholic liquors" insert--
" 64A Retail containers of certain alcoholic liquors to be stamped
Schedule 2A to this Act (duty stamps) has effect. " .
(2) Before Schedule 3 to that Act insert the Schedule 2A set out in Schedule 1 to this Act.
(3) In section 12(2) of the Finance Act 1994 (c. 9) (defaults engaging Commissioners' power to assess excise duty to the best of their judgement) after paragraph (c) insert--
" (ca) any failure by any person to comply with a requirement to which he is made subject by or under Schedule 2A to the Alcoholic Liquor Duties Act 1979 (duty stamps); " .
(4) In section 14(1) of that Act (reviewable decisions) after paragraph (bc) insert--
" (bd) any decision by the Commissioners as to whether or not any person is entitled to any repayment or credit by virtue of regulations under paragraph 4(2)(h) of Schedule 2A to the Alcoholic Liquor Duties Act 1979 (duty stamps), or the amount of the repayment or credit to which any person is so entitled;
(be) any decision by the Commissioners made by virtue of regulations under paragraph 4(2)(i) of that Schedule that some or all of a payment made, or security provided, is forfeit, or the amount which is so forfeit; " .
(5) The amendments made by this section have effect in relation to retail containers containing alcoholic liquor if the excise duty point for the alcoholic liquor falls on or after such day as the Treasury may by order made by statutory instrument appoint.
(6) An order under subsection (5) may contain such supplemental and transitional provision and savings as the Treasury think fit in connection with the coming into effect of those amendments.
(7) In subsection (5) "excise duty point" has the meaning given by section 1 of the Finance (No. 2) Act 1992 (c. 48).
Hydrocarbon oil etc duties
5 Rates
(1) In section 6 of the Hydrocarbon Oil Duties Act 1979 (c. 5) (hydrocarbon oil: rates of duty)--
(a) in subsection (1A)(a) (ultra low sulphur petrol) for "£0.4710" substitute "£0.4902",
(b) in subsection (1A)(b) (other light oil) for "£0.5620" substitute "£0.5790",
(c) in subsection (1A)(c) (ultra low sulphur diesel) for "£0.4710" substitute "£0.4902", and
(d) in subsection (1A)(d) (other heavy oil) for "£0.5327" substitute "£0.5487".
(2) In section 6AA(3) of that Act (biodiesel: rate of duty) for "£0.2710" substitute "£0.2852".
(3) In section 11(1) of that Act (rebate on heavy oil)--
(a) in paragraph (a) (fuel oil) for "£0.0382" substitute "£0.0624",
(b) in paragraph (b) (gas oil: general) for "£0.0422" substitute "£0.0664", and
(c) in paragraph (ba) (ultra low sulphur diesel) for "£0.0422" substitute "£0.0664".
(4) In section 13A(1) of that Act (rebate on unleaded petrol) for "£0.0601" substitute "£0.0620".
(5) In section 14(1) of that Act (rebate on light oil for use as furnace fuel) for "£0.0382" substitute "£0.0624".
(6) This section shall come into force on 1st September 2004.
6 Road fuel gas
(1) At the end of section 5 of the Hydrocarbon Oil Duties Act 1979 (road fuel gas) (which becomes subsection (1)) add--
" (2) In this Act "natural road fuel gas" is road fuel gas with a methane content of not less than 80%. "
(2) For section 8(3) of that Act (rate of duty on road fuel gas) substitute--
" (3) The rate of the duty under this section shall be--
(a) in the case of natural road fuel gas, £0.1110 a kilogram, and
(b) in any other case, £0.1303 a kilogram. "
(3) After section 21(2) of that Act (regulations) insert--
" (2A) In the case of regulations made for the purposes mentioned in subsection (1)(c) above, different regulations may be made for different classes of road fuel gas. "
(4) This section shall come into force on 1st September 2004.
7 Sulphur-free fuel
(1) For section 1(3A) and (3B) of the Hydrocarbon Oil Duties Act 1979 (descriptions of hydrocarbon oil: ultra low sulphur petrol and unleaded petrol) substitute--
" (3A) "Ultra low sulphur petrol" means unleaded petrol--
(a) the sulphur content of which does not exceed 0.005 per cent. by weight,
(b) the aromatics content of which does not exceed 35 per cent. by volume, and
(c) which is not sulphur-free petrol.
(3B) "Sulphur-free petrol" means unleaded petrol the sulphur content of which does not exceed 0.001 per cent. by weight (or is nil).
(3C) "Unleaded petrol" means petrol that contains not more than 0.013 grams of lead per litre of petrol; and petrol is "leaded petrol" if it is not unleaded petrol. "
(2) For section 1(6) of that Act (ultra low sulphur diesel) substitute--
" (6) "Ultra low sulphur diesel" means gas oil--
(a) the sulphur content of which does not exceed 0.005 per cent. by weight,
(b) the density of which does not exceed 835 kilograms per cubic metre at a temperature of 15°C,
(c) of which not less than 95 per cent. by volume distils at a temperature not exceeding 345°C, and
(d) which is not sulphur-free diesel.
(7) "Sulphur-free diesel" means gas oil the sulphur content of which does not exceed 0.001 per cent. by weight (or is nil). "
(3) In section 1(1) of that Act for "Subsections (2) to (6)" substitute "Subsections (2) to (7)".
(4) For section 2A(1) of that Act (power to amend definitions) substitute--
" (1) The Treasury may by order made by statutory instrument amend the definition for the purposes of this Act of--
(a) sulphur-free diesel;
(b) sulphur-free petrol;
(c) ultra low sulphur diesel;
(d) ultra low sulphur petrol;
(e) unleaded petrol and leaded petrol. "
(5) In section 6(1A) of that Act (rates of duty)--
(a) after paragraph (a) insert--
" (aa) £0.4852 a litre in the case of sulphur-free petrol; " ,
(b) in paragraph (b) after "other than ultra low sulphur petrol" insert "and sulphur-free petrol",
(c) after paragraph (c) insert--
" (ca) £0.4852 a litre in the case of sulphur-free diesel; " , and
(d) in paragraph (d) after "other than ultra low sulphur diesel" insert "and sulphur-free diesel".
(6) In section 13AA(6) of that Act (restrictions on use of rebated kerosene) after "which is not ultra low sulphur diesel" insert "or sulphur-free diesel".
(7) In section 13A(1) of that Act (rebate on unleaded petrol) after ", other than ultra low sulphur petrol" insert "and sulphur-free petrol".
(8) In section 27 of that Act (interpretation)--
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