Finance Act 1988 (c. 39)

(The document as of February, 2008)

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(1) For every relevant Southern Basin or onshore field, as defined in subsection (2) below, section 8 of the [1975 c. 22.] Oil Taxation Act 1975 (the oil allowance) shall have effect subject to the following modifications--

(a) in subsection (2) (the amount of the allowance for each chargeable period) for "250,000 metric tonnes" there shall be substituted "125,000 metric tonnes"; and

(b) in subsection (6) (the total allowance for a field) for "5 million metric tonnes" there shall be substituted "2·5 million metric tonnes".

(2) Subject to subsection (3) below, for the purposes of this section a "relevant Southern Basin or onshore field" is any oil field other than one--

(a) which is a relevant new field for the purposes of section 36 of the [1983 c. 28.] Finance Act 1983 (increased oil allowance for certain new fields); or

(b) for any part of which consent for development was granted to the licensee by the Secretary of State before 1st April 1982; or

(c) for any part of which a programme of development was served on the licensee or approved by the Secretary of State before that date.

(3) In determining, in accordance with subsection (2) above, whether an oil field (in this subsection referred to as "the field in question") is a relevant Southern Basin or onshore field, no account shall be taken of a consent for development granted before 1st April 1982 or a programme of development served on the licensee or approved by the Secretary of State before that date if--

(a) in whole or in part that consent or programme related to another oil field for which a determination under Schedule 1 to the [1975 c. 22.] Oil Taxation Act 1975 was made before the determination under that Schedule for the field in question; and

(b) on or after 1st April 1982, a consent for development is or was granted or a programme of development is or was served on the licensee or approved by the Secretary of State and that consent or programme relates, in whole or in part, to the field in question.

(4) Subsections (4) and (5) of section 36 of the Finance Act 1983 (which define "development" for the purposes of subsections (2) and (3) of that section) shall apply also for the purposes of subsections (2) and (3) of this section.

(5) This section shall have effect in relation to chargeable periods ending after 30th June 1988.

(6) This section shall be construed as one with Part I of the Oil Taxation Act 1975.

139 Assets generating tariff receipts: extension of allowable expenditure

(1) In Part I of Schedule 1 to the [1983 c. 56.] Oil Taxation Act 1983 (extensions of allowable expenditure for assets generating receipts) paragraph 3 (expenditure on enhancing the value of assets no longer in use for the principal field) shall be amended as follows--

(a) in sub-paragraph (1)(a) after the words "enhancing the value of" there shall be inserted "or otherwise in connection with";

(b) in sub-paragraph (1)(d) for the words "the expenditure" there shall be substituted "either the use of the asset" and after the words "tariff receipts or" there shall be inserted "the expenditure".

(2) This section shall have effect with respect to expenditure incurred on or after 15th March 1988.

Stamp duty and stamp duty reserve tax

140 Abolition of stamp duty under the heading "Unit Trust Instrument"

(1) The stamp duty chargeable by virtue of the heading in Schedule 1 to the [1891 c. 39.] Stamp Act 1891 "Unit Trust Instrument" is abolished; and accordingly that heading and the following enactments, namely--

(a) section 53 of the [1946 c. 64.] Finance Act 1946;

(b) section 24 of the [1946 c. 17 (N.I.).] Finance (No. 2) Act (Northern Ireland) 1946;

(d) section 3 of the [1962 c. 17 (N.I.).] Finance Act (Northern Ireland) 1962,

shall cease to have effect.

(2) Subsection (1) above shall have effect in relation to--

(a) any trust instrument executed on or after 22nd March 1988;

(b) any trust instrument executed on or after 16th March 1988 which is not stamped before 22nd March 1988;

(d) any property becoming trust property on or after 16th March 1988 in respect of which the trust instrument is not stamped before 22nd March 1988.

(3) For the purposes of section 14(4) of the Stamp Act 1891 (instruments not to be given in evidence etc. unless stamped in accordance with the law in force at the time of execution), the law in force--

(a) at the time of execution of a trust instrument falling within subsection (2)(b) above; or

(b) on the day on which property falling within subsection (2)(d) above becomes trust property,

shall be deemed to be that as varied in accordance with this section.

(4) In this section "trust instrument" and "trust property" have the meanings given by section 57 of the Finance Act 1946 or section 28 of the Finance (No. 2) Act (Northern Ireland) 1946.

(5) This section shall be construed as one with the Stamp Act 1891.

(6) This section shall be deemed to have come into force on 22nd March 1988.

141 Abolition of stamp duty on documents relating to transactions of capital companies

(1) The stamp duties chargeable by virtue of section 47 of the [1973 c. 51.] Finance Act 1973 and Article 8 of the [S.I. 1973/1323 (N.I. 18).] Finance (Miscellaneous Provisions) (Northern Ireland) Order 1973 (stamp duties on documents relating to chargeable transactions of capital companies) are abolished; and accordingly--

(a) that section, section 48 of that Act and Schedule 19 to that Act; and

(b) that Article, Article 9 of that Order and Schedule 2 to that Order,

shall cease to have effect.

(2) Subsection (1) above shall have effect in relation to--

(a) any transaction occurring on or after 22nd March 1988;

(b) any transaction occurring on or after 16th March 1988 in respect of which the relevant document is not stamped before 22nd March 1988;

(c) any exempt transaction occurring before 22nd March 1988 in respect of which a relevant event occurs on or after 22nd March 1988; and

(d) any exempt transaction occurring before 16th March 1988 in respect of which a relevant event occurs on or after 16th March 1988 and the relevant duty is not paid before 22nd March 1988.

(3) For the purposes of section 14(4) of the [1891 c. 39.] Stamp Act 1891 (instruments not to be given in evidence etc. unless stamped in accordance with the law in force at the time of execution), the law in force--

(a) in a case falling within subsection (2)(b) above, at the time of execution of the relevant document ; or

(b) in a case falling within subsection (2)(d) above, on the day on which the relevant event occurs,

shall be deemed to be that as varied in accordance with this section.

(4) In this section--

"exempt transaction" means a transaction which is exempt by virtue of paragraph 10(1) of Schedule 19 to the [1973 c. 51.] Finance Act 1973;
"relevant document" has the meaning given by section 47 of that Act;
"relevant duty" means the duty payable under paragraph 10(4) of Schedule 19 to that Act;
"relevant event" means such an event as is mentioned in paragraph 10(3)(a) or (b) of Schedule 19 to that Act,

and any reference in this subsection to section 47 of or Schedule 19 to that Act includes a reference to Article 8 of or Schedule 2 to the [S.I. 1973/1323 (N.I. 18).] Finance (Miscellaneous Provisions) (Northern Ireland) Order 1973.

(5) This section shall be construed as one with the Stamp Act 1891.

(6) This section shall be deemed to have come into force on 22nd March 1988.

142 Stamp duty: housing action trusts

(1) In section 97 of the Finance Act 1980 (shared ownership transactions) after paragraph (c) of subsection (3) there shall be inserted--

" (cc) a housing action trust established under Part III of the [1980 c. 48.] Housing Act 1988; " .

(2) In section 107 of the [1981 c. 35.] Finance Act 1981 (sales at a discount by local authorities etc.) after paragraph (f) of subsection (3) there shall be inserted--

" (ff) a housing action trust established under Part III of the Housing Act 1988; " .

143 Stamp duty: paired shares

(1) This section applies where--

(a) the articles of association of a company incorporated in the United Kingdom ("the UK company") and the equivalent instruments governing a company which is not so incorporated ("the foreign company") each provide that no share in the company to which they relate may be transferred otherwise than as part of a unit comprising one share in that company and one share in the other; and

(b) such units are to be or have been offered for sale to the public in the United Kingdom and, at the same time, an equal number of such units are to be or, as the case may be, have been offered for sale to the public at a broadly equivalent price in the country in which the foreign company is incorporated ("the foreign country").

(2) In relation to an instrument to which subsection (3) below applies, any duty chargeable on issue under the heading "Bearer Instrument" in Schedule 1 to the [1891 c. 39.] Stamp Act 1891 (which, apart from this subsection, would be payable by virtue of section 60 of the [1963 c. 25.] Finance Act 1963 or section 9 of the [1963 c. 22 (N.I.).] Finance Act (Northern Ireland) 1963) shall not be so payable; but nothing in this subsection shall be taken as affecting the other requirements of that section.

(3) This subsection applies to any bearer instrument issued on or after 1st November 1987 which represents shares in the UK company, or a right to an allotment of or to subscribe for such shares, if the purpose of the issue is--

(a) to make such shares available for sale (as part of such units as are referred to in subsection (1) above) in pursuance of either of the offers referred to in subsection (1)(b) above or of any other offer for sale of such units to the public made at the same time and at a broadly equivalent price in a country other than the United Kingdom or the foreign country; or

(b) to give effect to an allotment of such shares (as part of such units) as fully or partly paid bonus shares.

(4) In relation to an instrument to which subsection (5) below applies--

(a) the foreign company shall be treated--

(i) for the purposes of sections 59 and 60 of the Finance Act 1963 (which make provision in respect of stamp duty under the heading "Bearer Instrument" in Schedule 1 to the Stamp Act 1891) as a company formed or established in Great Britain; and

(ii) for the purposes of sections 8 and 9 of the Finance Act (Northern Ireland) 1963 (which make corresponding provision for Northern Ireland) as a company formed or established in Northern Ireland; and

(b) section 30 of the [1967 c. 54.] Finance Act 1967 and section 7 of the [1967 c. 20 (N.I.).] Finance Act (Northern Ireland) 1967 (exemption for bearer instruments relating to stock in foreign currencies) shall not apply.

(5) This subsection applies to any bearer instrument issued on or after 9th December 1987 which represents shares in the foreign company, or a right to an allotment of or to subscribe for such shares, and is not issued for the purpose--

(a) of making shares in the foreign company available for sale (as part of such units as are referred to in subsection (1) above) in pursuance of either of the offers referred to in subsection (1)(b) above or of any other offer such as is mentioned in subsection (3)(a) above; or

(b) of giving effect to an allotment of such shares (as part of such units) as fully or partly paid bonus shares.

(6) In relation to any instrument which transfers such units as are referred to in subsection (1) above and is executed on or after the date of the passing of this Act, the foreign company shall be treated for the purposes of sections 67 and 68 (depositary receipts) and 70 and 71 (clearance services) of the [1986 c. 41.] Finance Act 1986 as a company incorporated in the United Kingdom.

(7) Section 3 of the [1891 c. 39.] Stamp Act 1891 (which requires every instrument written upon the same piece of material as another instrument to be separately stamped) shall not apply in relation to any bearer instrument issued on or after 9th December 1987 which represents shares in the UK company or the foreign company, or a right to an allotment of or to subscribe for such shares.

(8) This section shall be construed as one with the Stamp Act 1891.

(9) Subsections (2) and (3) above, together with subsection (1) above so far as relating to them, shall be deemed to have come into force on 1st November 1987, and subsections (4), (5) and (7) above, together with subsection (1) above so far as relating to them, shall be deemed to have come into force on 9th December 1987.

144 Stamp duty reserve tax: paired shares etc

(1) Section 99 of the Finance Act 1986 (stamp duty reserve tax: interpretation) shall be amended as follows.

(2) For subsections (3) to (6) there shall be substituted--

" (3) Subject to the following provisions of this section, "chargeable securities" means--

(a) stocks, shares or loan capital,

(b) interests in, or in dividends or other rights arising out of, stocks, shares or loan capital,

(d) units under a unit trust scheme.

(4) "Chargeable securities" does not include securities falling within paragraph (a), (b) or (c) of subsection (3) above which are issued or raised by a body corporate not incorporated in the United Kingdom unless--

(a) they are registered in a register kept in the United Kingdom by or on behalf of the body corporate by which they are issued or raised, or

(b) in the case of shares, they are paired with shares issued by a body corporate incorporated in the United Kingdom, or

(c) in the case of securities falling within paragraph (b) or (c) of subsection (3) above, paragraph (a) or (b) above applies to the stocks, shares or loan capital to which they relate.

(5) "Chargeable securities" does not include--

(a) securities the transfer of which is exempt from all stamp duties, or

(b) securities falling within paragraph (b) or (c) of subsection (3) above which relate to stocks, shares or loan capital the transfer of which is exempt from all stamp duties.

(6) "Chargeable securities" does not include interests in depositary receipts for stocks or shares.

(6A) For the purposes of subsection (4) above, shares issued by a body corporate which is not incorporated in the United Kingdom ("the foreign company") are paired with shares issued by a body corporate which is so incorporated ("the UK company") where--

(a) the articles of association of the UK company and the equivalent instruments governing the foreign company each provide that no share in the company to which they relate may be transferred otherwise than as part of a unit comprising one share in that company and one share in the other, and

(b) such units have been offered for sale to the public in the United Kingdom and, at the same time, an equal number of such units have been offered for sale to the public at a broadly equivalent price in the country in which the foreign company is incorporated. "

(3) In subsection (9), after the word "Unit"" there shall be inserted the words "(except in subsection (6A) above)".

(4) In subsection (10), for paragraph (a) there shall be substituted--

" (a) paragraph (a) of subsection (4) above and the reference to that paragraph in paragraph (c) of that subsection shall be ignored, and " .

(5) After subsection (10) there shall be added--

" (11) In interpreting "chargeable securities" in section 93 or 96 above in a case where--

(a) newly subscribed shares, or

(b) securities falling within paragraph (b) or (c) of subsection (3) above which relate to newly subscribed shares,

are issued in pursuance of an arrangement such as is mentioned in that section (or an arrangement which would be such an arrangement if the securities issued were chargeable securities), paragraph (b) of subsection (4) above and the reference to that paragraph in paragraph (c) of that subsection shall be ignored.

(12) In subsection (11) above, "newly subscribed shares" means shares issued wholly for new consideration in pursuance of an offer for sale to the public. "

(6) This section applies in relation to--

(a) agreements to transfer chargeable securities (within the meaning of section 99 of the [1986 c. 41.] Finance Act 1986 as amended by this section) made on or after 9th December 1987; and

(b) the transfer, issue or appropriation of such securities, or the issue of securities such as are mentioned in subsection (11) of that section, on or after that date in pursuance of an arrangement such as is mentioned in that subsection (whenever the arrangement was made),

and shall be deemed to have come into force on that date.

Miscellaneous

145 Building societies: change of status

Schedule 12 to this Act (which makes provision in connection with the transfer of a building society's business to a company in accordance with the [1986 c. 53.] Building Societies Act 1986) shall have effect.

146 Post-consolidation amendments

The enactments specified in Schedule 13 to this Act shall have effect subject to the amendments specified in that Schedule (being amendments to correct errors in the Taxes Act 1988 and in the amendments made by the [1987 c. 16.] Finance Act 1987 for the purposes of the consolidation effected by the Taxes Act 1988).

147 Interpretation etc

(1) In this Act "the Taxes Act 1970" means the [1970 c. 10.] Income and Corporation Taxes Act 1970 and "the Taxes Act 1988" means the [1988 c. 1.] Income and Corporation Taxes Act 1988.

(2) Part II of this Act shall be construed as one with the [1983 c. 55.] Value Added Tax Act 1983.

(3) Part III of this Act, so far as it relates to income tax, shall be construed as one with the Income Tax Acts, so far as it relates to corporation tax, shall be construed as one with the Corporation Tax Acts and, so far as it relates to capital gains tax, shall be construed as one with the [1979 c. 14.] Capital Gains Tax Act 1979.

148 Repeals

The enactments specified in Schedule 14 to this Act (which include unnecessary enactments) are hereby repealed to the extent specified in the third column of that Schedule, but subject to any provision at the end of any Part of that Schedule.

149 Short title

This Act may be cited as the Finance Act 1988.

SCHEDULES:

Section 1.

SCHEDULE 1 Alcoholic Liquor Duties

Part I Table of Rates of Duty on Wine and Made-Wine

Description of wine or made-wine	Rates of duty per hectolitre
	£
Wine or made-wine of a strength not exceeding 15 per cent. and not being sparkling	102.40
Sparkling wine or sparkling made-wine of a strength not exceeding 15 per cent.	169.10
Wine or made-wine of a strength exceeding 15 per cent. but not exceeding 18 per cent.	176.60
Wine or made-wine of a strength exceeding 18 per cent. but not exceeding 22 per cent.	203.70
Wine or made-wine of a strength exceeding 22 per cent.	203.70 plus £15.77 for every 1 per cent. or part of 1 per cent. in excess of 22 per cent.

Part II Beverages of an Alcoholic Strength not Exceeding 5.5 per cent.

1 (1) In subsection (2) of section 1 of the [1979 c. 4.] Alcoholic Liquor Duties Act 1979 (definition of "spirits"), for the words "subsections (7) and (8)" there shall be substituted the words "subsections (7) to (9)".

(2) In subsection (3) of that section (definition of "beer")--

(a) the words "thereof at any time" shall cease to have effect; and

(b) in paragraph (b), for the words from "at any time" to "and to be" there shall be substituted the words "is found to be".

(3) In subsection (5) of that section (definition of "made-wine"), after the word "means" there shall be inserted the words "subject to subsection (10) below".

(4) After subsection (8) of that section there shall be inserted--

" (9) Any beverage of an alcoholic strength exceeding 1.2 per cent. but not exceeding 5.5 per cent. which is made with spirits and is not of a description specified in an order made by the Treasury by statutory instrument shall be deemed not to be spirits.

(10) The Treasury may by order made by statutory instrument provide that any beverage of an alcoholic strength exceeding 1.2 per cent. but not exceeding 5.5 per cent. which is made with beer or cider and is of a description specified in the order shall be deemed to be beer or, as the case may be, cider, and not to be made-wine. "

2 (1) In section 45 of that Act (repayment of duty on beer used in the production of other beverages etc.), for the words from "in the production" to the end of paragraph (b) there shall be substituted--

" (a) in the production of any beverage of an alcoholic strength not exceeding 1.2 per cent.;

(b) in the production in an excise warehouse of any beverage of an alcoholic strength exceeding 1.2 per cent. but not exceeding 5.5 per cent.; or

(c) in the manufacture of any such article (other than a beverage) as the Commissioners may determine having regard to its alcoholic content, " .

(2) That section shall be renumbered as subsection (1) of that section and after that provision as so renumbered there shall be inserted--

" (2) Any duty chargeable on imported beer of a strength not exceeding 1.2 per cent. may be remitted subject to such conditions as the Commissioners may impose. "

3 After subsection (3) of section 52 of that Act (offences by brewers for sale) there shall be inserted--

" (3A) Nothing in this section shall be taken to preclude the use of beer as an ingredient in the production--

(a) of made-wine to which section 55A below applies; or

(b) of any beverage of an alcoholic strength exceeding 1.2 per cent. but not exceeding 5.5 per cent. which is of a description specified in an order made under section 1(10) above. "

4 After subsection (4) of section 54 of that Act (wine: charge of excise duty) there shall be inserted--

" (4A) A person who, on any premises, produces wine to which section 55A below applies by rendering it sparkling, need not on that account hold an excise licence under subsection (2) above in respect of those premises. "

5 (1) After subsection (4) of section 55 of that Act (made-wine: charge of excise duty), there shall be inserted--

" (4A) A person who, on any premises, produces made-wine to which section 55A below applies by rendering it sparkling, need not on that account hold an excise licence under subsection (2) above in respect of those premises. "

(2) In subsection (5) of that section, for the words "render any made-wine sparkling" there shall be substituted the words "render sparkling any made-wine other than made-wine to which section 55A below applies".

6 After section 55 of that Act there shall be inserted--

" 55A Wine and made-wine of a strength not exceeding 5.5 per cent

(1) This section applies to wine and made-wine of a strength exceeding 1.2 per cent. but not exceeding 5.5 per cent.

(2) The Commissioners may by regulations provide that, except in such cases and subject to such conditions as may be specified by or under the regulations, no wine or made-wine to which this section applies may be fortified at any time--

(a) after it leaves the entered or approved premises on which it was produced, or

(b) in the case of wine or made-wine produced outside the United Kingdom, after it is imported into the United Kingdom,

and before it is sold by retail or otherwise supplied for consumption.

(3) Any person who contravenes or fails to comply with any regulation under this section (including any conditions imposed by or under any such regulation) shall be liable on summary conviction to a penalty of level 3 on the standard scale, and the wine or made-wine and all vessels, utensils and materials for fortifying wine or made-wine found in his possession shall be liable to forfeiture. "

7 In section 59 of that Act (rendering imported wine or made-wine sparkling in warehouse), for subsection (1) there shall be substituted--

" (1) Wine or made-wine which--

(a) is imported or is removed to the United Kingdom from the Isle of Man; and

(b) is not wine or made-wine of a strength exceeding 1.2 per cent. but not exceeding 5.5 per cent.,

shall not be rendered sparkling, whether by aeration, fermentation or any other process, except in warehouse in accordance with warehousing regulations. "

8 After subsection (1) of section 60 of that Act (repayment of duty on imported wine or made-wine used in the production of other beverages etc.) there shall be inserted--

" (1A) Any duty chargeable on imported wine or made-wine of a strength not exceeding 1.2 per cent. may be remitted subject to such conditions as the Commissioners may impose. "

9 Section 63 of that Act (repayment of duty on imported cider used in the production of other beverages etc.) shall be renumbered as subsection (1) of that section and after that provision as so renumbered there shall be inserted--

" (2) Any duty chargeable on imported cider of a strength not exceeding 1.2 per cent. may be remitted subject to such conditions as the Commissioners may impose. "

10 At the end of subsection (1) of section 71 of that Act (penalty for misdescribing liquor as spirits), there shall be added the words "or that the liquor is made with spirits and is a made-wine to which section 55A above applies".

11 In section 72 of that Act (offences by wholesaler or retailer of beer), in subsection (3), after the words "for domestic use" there shall be inserted the words "or for use as mentioned in subsection (3A) below" and after that subsection there shall be inserted--

" (3A) The use referred to in subsection (3) above is use as an ingredient in the production--

(a) of made-wine to which section 55A above applies; or

(b) of any beverage of an alcoholic strength exceeding 1.2 per cent. but not exceeding 5.5 per cent. which is of a description specified in an order made under section 1(10) above. "

12 At the end of subsection (1) of section 73 of that Act (penalty for misdescribing substances as beer), there shall be added the words "or that the substance is made with beer and is a made-wine to which section 55A above applies".

13 In Schedule 1 to that Act, for the Table of rates of duty there shall be substituted--

Description of wine or made-wine	Rates of duty per hectolitre
	£
Wine or made-wine of a strength not exceeding 2 per cent.	10.24
Wine or made-wine of a strength exceeding 2 per cent. but not exceeding 3 per cent.	17.07
Wine or made-wine of a strength exceeding 3 per cent. but not exceeding 4 per cent.	23.89
Wine or made-wine of a strength exceeding 4 per cent. but not exceeding 5 per cent.	30.72
Wine or made-wine of a strength exceeding 5 per cent. but not exceeding 5.5 per cent.	37.55
Wine or made-wine of a strength exceeding 5.5 per cent. but not exceeding 15 per cent. and not being sparkling	102.40
Sparkling wine or sparkling made-wine of a strength exceeding 5.5 per cent. but not exceeding 15 per cent.	169.10
Wine or made-wine of a strength exceeding 15 per cent. but not exceeding 18 per cent.	176.60
Wine or made-wine of a strength exceeding 18 per cent. but not exceeding 22 per cent.	203.70
Wine or made-wine of a strength exceeding 22 per cent.	203.70 plus £15.77 for every 1 per cent. or part of 1 per cent. in excess of 22 per cent.

Section 4.

SCHEDULE 2 Vehicles Excise Duty

Part I Tables Substituted in Part II of Schedule 4 to the 1971 and 1972 Acts

Table A

Rates of Duty on Rigid Goods Vehicles Exceeding 12 Tonnes Plated Gross Weight

General Rates

Plated gross weight of vehicle		Rate of duty
(1)	(2)	(3)	(4)	(5)
Exceeding	Not exceeding	Two axle vehicle	Three axle vehicle	Four or more axle vehicle
tonnes	tonnes	£	£	£
12	13	410	320	320
13	14	570	340	340
14	15	740	340	340
15	17	1,130	340	340
17	19		540	340
19	21		730	340
21	23		1,000	490
23	25		1,780	690
25	27			1,110
27	29			1,630
29	30.49			2,680

Table A(1)

Rates of Duty on Rigid Goods Vehicles Exceeding 12 Tonnes Plated Gross Weight

Rates for Farmers' Goods Vehicles

Plated gross weight of vehicle		Rate of duty
(1)	(2)	(3)	(4)	(5)
Exceeding	Not exceeding	Two axle vehicle	Three axle vehicle	Four or more axle vehicle
tonnes	tonnes	£	£	£
12	13	245	190	190
13	14	340	205	205
14	15	445	205	205
15	17	680	205	205
17	19		325	205
19	21		440	205
21	23		600	295
23	25		1,070	415
25	27			665
27	29			980
29	30.49			1,610

Table A(2)

Rates of Duty on Rigid Goods Vehicles Exceeding 12 Tonnes Plated Gross Weight

Rates for Showmen's Goods Vehicles

Plated gross weight of vehicle		Rate of duty
(1)	(2)	(3)	(4)	(5)
Exceeding	Not exceeding	Two axle vehicle	Three axle vehicle	Four or more axle vehicle
tonnes	tonnes	£	£	£
12	13	105	90	90
13	14	145	90	90
14	15	185	90	90
15	17	285	90	90
17	19		135	90
19	21		185	90
21	23		250	125
23	25		445	175
25	27			280
27	29			410
29	30.49			670

Part II Vehicles Carrying or Drawing Exceptional Loads

1 The [1971 c. 10.] Vehicles (Excise) Act 1971 ("the 1971 Act") and the [1972 c. 10 (N.I.).] Vehicles (Excise) Act (Northern Ireland) 1972 ("the 1972 Act") shall be amended as follows.

2 In section 1(2) of each Act (charge of duty), for the words "the first five Schedules" there shall be substituted the words "Schedules 1 to 5".

3 In Part I of Schedule 3 to each Act (annual rates of duty on tractors etc.), in paragraph 6 (definition of "haulage vehicle"), after the words "other than one" there shall be inserted the words "to which Schedule 4A to this Act applies or which is".

4 In Part I of Schedule 4 to each Act (annual rates of duty on goods vehicles), in paragraph 15--

(a) in sub-paragraph (1), in the definition of "goods vehicle", after the word "means" there shall be inserted the words "subject to sub-paragraph (1A) below"; and

(b) after that sub-paragraph there shall be inserted--

" (1A) In this Schedule "goods vehicle" does not include a vehicle to which Schedule 4A to this Act applies. "

5 After Schedule 4 to the 1971 Act there shall be inserted--

" Schedule 4A Annual Rates of Duty on Vehicles Used for Carrying or Drawing Exceptional Loads

1 This Schedule applies to a vehicle--

(a) which is a heavy motor car used for the carriage of exceptional loads; or

(b) which is a heavy locomotive, light locomotive or motor tractor used to draw trailers carrying such loads,

and which, when so used, is authorised for use on roads by virtue of an order under section 42 of the [1972 c. 20.] Road Traffic Act 1972.

2 The annual rate of duty applicable to a vehicle to which this Schedule applies shall be £1,600.

3 Where a vehicle--

(a) to which this Schedule applies; and

(b) which would, but for paragraphs 5 and 15(1A) of Schedule 4 to this Act, be a goods vehicle of a description to which a higher rate of duty is applicable under this Act,

is at any time used on roads otherwise than as mentioned in paragraph 1 above, section 18 of this Act shall apply as if that vehicle were then being used in a manner or for a purpose which brings it within that description of vehicle.

4 In this Schedule--

"exceptional load" means a load which--
(a)
by reason of its dimensions, cannot be carried by a heavy motor car or trailer, or a combination of a heavy motor car and trailer, which (in either case) complies in all respects with requirements of regulations under section 40 of the Road Traffic Act 1972; or
(b)
by reason of its weight, cannot be carried by a heavy motor car or trailer, or a combination of a heavy motor car and trailer, which (in either case) has a total laden weight of not more than the specified amount and complies in all respects with such requirements;
"specified amount" means--
(a)
in relation to any time before 1st October 1989, 32,520 kilograms;
(b)
in relation to any time on or after that date, 38,000 kilograms;

and other expressions which are also used in the [1972 c. 20.] Road Traffic Act 1972 have the same meanings as in that Act. "

6 The provisions set out in paragraph 5 above shall also be inserted after Schedule 4 to the 1972 Act, but modified for that purpose by the substitution for any reference to the Road Traffic Act 1972, or to section 40 or 42 of that Act, of a reference to the [S.I. 1981/154 (N.I. 1).] Road Traffic (Northern Ireland) Order 1981, or to Article 28 or 29(3) of that Order.

Section 35.

SCHEDULE 3 Married Couples: Minor and Consequential Provisions

Part I Amendments of the Taxes Act 1988

Introductory

1 The Taxes Act 1988 shall have effect subject to the following amendments.

Commencement of trade etc.

2 In section 62 (special basis for early years following commencement of trade etc.) the following subsection shall be inserted after subsection (2)--

" (2A) Where--

(a) the second year of assessment is the year 1989-90,

(b) the person charged, or liable to be charged, for that year is a married man, and

subsection (2) above shall have effect as if it conferred the right to give notice on her and not on him. "

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14

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