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Finance Act 1985

Status:

This is the original version (as it was originally enacted).

Section 98.

SCHEDULE 27Repeals

PART ICustoms and Excise: Miscellaneous

ChapterShort TitleExtent of Repeal
1.

The repeals in the Alcoholic Liquor Duties Act 1979 have effect on the coming into operation of regulations under section 71A of the Alcoholic Liquor Duties Act 1979.

2.

The repeal in the Hydrocarbon Oil Duties Act 1979 has effect on the coming into operation of paragraph 4 of Schedule 4 to this Act.

1979 c. 4.The Alcoholic Liquor Duties Act 1979.Section 72(1) and (2).
1979 c. 5.The Hydrocarbon Oil Duties Act 1979.In Schedule 3, in paragraph 11, the words "produced in the United Kingdom".
1984 c. 43.The Finance Act 1984.Section 2.

PART IIVehicles Excise Duty

ChapterShort TitleExtent of Repeal
These repeals apply in relation to licences taken out after 19th March 1985.
1977 c. 36.The Finance Act 1977.Section 5(4).
Section 6(4).
1981 c. 35.The Finance Act 1981.Section 7(4).
Section 8(4).
1983 c. 28.The Finance Act 1983.In Schedule 3, in Part 11, in paragraph 8(5)(6) the words "(2)(a) and" and "in each case", and paragraph 8(5)(c) and the word "and" immediately preceding it.
1984 c. 43.The Finance Act 1984.In section 4, subsection (2) and in subsections (4) and (5) the words " "£42" and" and the words ", respectively, "£44" and".
In Schedule 2, Part I, and in Part II paragraph 6(4) and (5).

PART IIIGaming Machine Licence Duty

ChapterShort TitleExtent of Repeal
1.

The repeals in the Miscellaneous Transferred Excise Duties Act (Northern Ireland) 1972, the Finance Act 1980 and the Finance Act 1982 have effect from 1st October 1985.

2.

The repeals in the Betting and Gaming Duties Act 1981 do not affect licences granted for periods beginning before 1st October 1985.

1972 c. 11 (N.I).The Miscellaneous Transferred Excise Duties Act (Northern Ireland) 1972.Part V.
In section 72(2), the words "and paragraph 7(2) of Schedule 3".
Schedule 3.
1980 c. 48.The Finance Act 1980.Section 7(2).
In Schedule 6, Part II.
1981 c. 63.The Betting and Gaming Duties Act 1981.In section 21A(3), the words from "either that" to "Acts or".
In section 23(1), the words "Premises with local authority approval" and "Premises without local authority approval".
1982 c. 39.The Finance Act 1982.In Schedule 6, paragraphs 18 to 24.

PART IVValue Added Tax

ChapterShort TitleExtent of Repeal
1.

The repeal in Schedule 5 to the Value Added Tax Act 1983 has effect with respect to supplies made on or after 1st May 1985.

2.

The repeals in paragraphs 4 and 7 of Schedule 8 to the Value Added Tax Act 1983 have effect on the coming into operation of Schedule 8 to this Act.

1983 c. 55.The Value Added Tax Act 1983.In section 39, in subsection (5), paragraph (a) and the words from "or, if greater" onwards; and subsections (6) and (7).
In Schedule 5, Group 5.
In Schedule 7, in paragraph 3, sub-paragraphs (3) and (4) and in paragraph 4, subparagraphs (7) and (8).
In Schedule 7, in paragraph 10(3)(c), the words "to have committed or to be about to commit such an offence or".
In Schedule 8, in paragraph 4, the words " with the consent of the Treasury "; in paragraph 7(3), in paragraphs (a) to (c), the word " by " and in paragraph 9, the words " and produce documents".

PART VIncome Tax and Corporation Tax: General

ChapterShort TitleExtent of Repeal
1.

The repeal in section 263 of the Income and Corporation Taxes Act 1970 has effect in accordance with section 39(2)(b) of this Act.

2.

The repeals in sections 333 and 337 of the Income and Corporation Taxes Act 1970 have effect with respect to life or endowment business (as defined in section 337 of that Act) of friendly societies and branches thereof carried on on or after 1st June 1984.

3.

The repeals in sections 334 and 335 of the Income and Corporation Taxes Act 1970, Schedule 9 to the Friendly Societies Act 1974 and section 73 of the Finance Act 1984 have effect with respect to business of friendly societies and branches thereof carried on on or after 19th March 1985.

4.

The repeals in section 343 of the Income and Corporation Taxes Act 1970, section 54 of the Finance Act 1978, section 29 of the Finance Act 1983 and section 34 of the Finance Act 1984 have effect for the year 1986-87 and subsequent years of assessment.

5.

The repeals in section 1 of the Friendly Societies Act (Northern Ireland) 1970 and section 7 of the Friendly Societies Act 1974 and the repeal of Schedule 9 to the Finance (No. 2) Act 1975 (except paragraphs 5, 9 and 10) and section 57(2)(a) of the Finance Act 1980 have effect in accordance with section 41(4) of this Act.

1970 c. 10.The Income and Corporation Taxes Act 1970.In section 263(4), the words " as respects more than one surrendering company ".
Section 333(1)(6) and the word " or " immediately preceding it.
Section 333(2) and (3).
In section 334(2), the words following paragraph (c).
Section 335(2) to (5).
In section 337(4), paragraph (b) of the proviso.
In section 343, in subsection (2), in paragraph (b) the words from "except that" to the end; in subsection (3), paragraphs (iii) and (iv) of the proviso; and subsections (6), (8A), (8B) and (9).
1970 c. 31 (N.I.).The Friendly Societies Act (Northern Ireland) 1970.Section 1(3), (3A) and (5).
Section 55.
1974 c. 46.The Friendly Societies Act 1974.Section 7(3), (3A) and (5).
In Schedule 9, in paragraph 23, paragraph (a).
1975 c. 45.The Finance (No. 2) Act 1975.Schedule 9.
1978 c. 42.The Finance Act 1978.In section 54(7), in paragraph (c)(i), the final word "or" and paragraphs (c)(ii) and (d).
S.I. 1979/1714 (N.I. 19).The Perjury (Northern Ireland) Order 1979.In Schedule 1, paragraph 20.
1980 c. 48.The Finance Act 1980.In section 57(2), paragraph (a) and in paragraph (b) the words " in section 55(1) of the said Act of 1970 and ".
1983 c. 28.The Finance Act 1983.Section 29.
1984 c. 43.The Finance Act 1984.Section 34.
In section 73(5), the words from "which specify" to "registered friendly societies" and paragraph (a).

PART VIIncome Tax and Corporation Tax: Capital Allowances

ChapterShort TitleExtent of Repeal
1.

The repeals in section 68 of the Capital Allowances Act 1968 and section 39 of the Finance Act 1978 have effect with respect to capital expenditure incurred on or after 1st April 1986, other than expenditure which—

(a)

consists of the payment of sums under a contract entered into on or before 13th March 1984 by the person incurring the expenditure; and

(b)

is incurred before 1st April 1987.

2.

The repeals in section 82 of the Capital Allowances Act 1968, section 50 of the Finance Act 1971 and paragraph 14 of Schedule 12 to the Finance Act 1982 have effect with respect to any chargeable period or its basis period ending on or after 18th December 1984.

3.

The repeal in section 94 of the Capital Allowances Act 1968 has effect with respect to capital expenditure incurred on or after 1st April 1985 unless that expenditure—

(a)

is incurred before 1st April 1987, and

(b)

consists of the payment of sums made under a contract entered into on or before 19th March 1985 by the person incurring the expenditure.

4.

The repeals in sections 378, 379, 386 and 387 of the Income and Corporation Taxes Act 1970 have effect with respect to expenditure incurred on or after 1st April 1986.

5.

The repeals in sections 41 and 44 of, and in paragraphs 6 and 10 of Schedule 8 to, the Finance Act 1971, in section 17 of the Finance Act 1974, in section 14 of the Finance Act 1975, in section 49 of the Finance (No. 2) Act 1975, and in sections 65 and 71 of the Finance Act 1980 have effect with respect to any chargeable period or its basis period ending on or after 1st April 1985.

6.

The repeals in paragraphs 5 and 8 of Schedule 8 to the Finance Act 1971 and in the Finance Act. 1972 have effect with respect to capital expenditure incurred on or after 1st April 1985.

1968 c. 3.The Capital Allowances Act 1968.Section 68(3A).
Section 82(3).
Section 94(5).
1970 c. 10.The Income and Corporation Taxes Act 1970.In section 378(1), the words from "during" to "defined" and in the proviso the words "writing-down".
In section 378(2), in paragraph (c) of the proviso, the words "for the purposes of this subsection".
Section 378(3).
Section 379.
In section 386(1), the words "after 19th March 1968" and the words from "shall be made" to "discontinuance".
Section 386(9).
Section 387(2).
1971 c. 68.The Finance Act 1971.Section 41(2).
In section 44(1), paragraph (c) and the word "and" immediately preceding it.
In section 50(4), the words from the beginning to "payable and".
In Schedule 8, in paragraph 5(1), the words "during that period".
In Schedule 8, in paragraph 6(5), paragraph (d).
In Schedule 8, in paragraph 8, sub-paragraph (5) and the word "new" wherever occurring.
In Schedule 8, in paragraph 10(2), in paragraph (a), the words from "immediately" to "the expenditure" and paragraph (b), except the final word "and".
1972 c. 41.The Finance Act 1972.Section 67(2)(6).
1974 c. 30.The Finance Act 1974.In section 17(1), the words "and had been in use for the purposes of the trade".
1975 c. 7.The Finance Act 1975.In section 14(1), the words "and had been in use for the purposes of the trade".
1975 c. 45.The Finance (No. 2) Act 1975.In section 49(1), the words "and had been in use for the purposes of the trade".
1978 c. 42.The Finance Act 1978.Section 39(2).
1980 c. 48.The Finance Act 1980.In section 65(2), in paragraph (a), the words from "immediately" to "brought into use".
In section 65(2), paragraph (b), except the final word "and".
In section 71(1), the words "and had been in use for the purposes of the trade".
1982 c. 39.The Finance Act 1982.In Schedule 12, in paragraph 14, the words "and (3)".

PART VIICapital Gains

ChapterShort TitleExtent of Repeal
1.

The repeals in section 270 of the Income and Corporation Taxes Act 1970, section 58 of the Finance (No. 2) Act 1975, sections 65 to 70 and 84 of and Schedule 7 to the Capital Gains Tax Act 1979, section 41 of the Finance Act 1981, section 58 of the Finance Act 1982 and Schedule 13 to the Finance Act 1984 have effect with respect to disposals on or after 2nd July 1986.

2.

The repeal of sections 124 and 125 of the Capital Gains Tax Act 1979 has effect in accordance with section 69(1) of this Act.

3.

The repeal of section 151 of the Capital Gains Tax Act 1979 has effect with respect to gifts or other transactions occurring after 19th March 1985.

4.

The repeals in the Finance Act 1982, the Finance Act 1983, the Finance (No. 2) Act 1983 and Schedule 9 to the Finance Act 1984 have effect—

(a)

in the case of securities within the meaning of Chapter IV of Part II of this Act (other than those mentioned in paragraph (b) below), with respect to disposals on or after 28th February 1986, and

(b)

in the case of gilt-edged securities as defined in Schedule 2 to the Capital Gains Tax Act 1979 and qualifying corporate bonds as defined in section 64 of the Finance Act 1984, with respect to disposals on or after 2nd July 1986, and

(c)

in any other case, with respect to disposals made on or after 6th April 1985 or, in the case of disposals by companies, 1st April 1985.

1970 c. 10.The Income and Corporation Taxes Act 1970.Section 270(3).
1975 c. 45.The Finance (No. 2) Act 1975.In section 58(12), the words from "(other" to "that Act)".
1979 c. 14.The Capital Gains Tax Act 1979.In section 65, in subsection (1)(b), the words from " and this " to the end and in subsection (7)(b), the words from " subject " to " above ".
In section 66, in subsection (4), the words from " and in " to the end.
Section 67(2) and (3).
Sections 68 to 70.
In section 84, in subsection (3)(b)(ii), the words " if the disposal is within " and " that section ".
Sections 124 and 125.
Section 151.
In Schedule 7, paragraph 2(2) and in the Table in paragraph 9, the second entry relating to section 58(12) of the Finance (No. 2) Act 1975.
1981 c. 35.The Finance Act 1981.In section 41, in subsection (1) the words " or gains or losses " and in subsections (2) and (3) the words " gains or losses ".
1982 c. 39.The Finance Act 1982.In section 58, in subsection (5) the words from " including " to " gains " and subsection (6).
In section 86(1), paragraphs (b) and (c) and the word "and" at the end of paragraph (a).
Section 86(5).
In section 87(2), in the definition of "RI" the words "which is the twelfth month after that".
In section 88, in subsection (1) the words " and section 89 below" and "section 89 below", paragraph (b) and the word " and " immediately preceding it; and subsection (5A).
Section 89.
In Schedule 13, in paragraph 2(1), the words "subsection (5)(b) of that section or."
In Schedule 13, in paragraph 2(3), the words "and which falls within subsection (1)(b) of section 86 of this Act".
In Schedule 13, paragraph 3.
In Schedule 13, in paragraph 4(1), the words "occurring after the beginning of the qualifying period".
In Schedule 13, paragraph 7(2).
1983 c. 28.The Finance Act 1983.Section 34(2).
1983 c. 49.The Finance (No. 2) Act 1983.In section 7(5), the words from "and in paragraph 3" to the end.
1984 c. 43.The Finance Act 1984.In Schedule 9, in paragraph 11 (1) the words " and 89 ".
In Schedule 13, paragraph 4and paragraph 9(b) and the word " and " immediately preceding it.

PART VIIISecurities

ChapterShort TitleExtent of Repeal
These repeals have effect in relation to any year of assessment beginning on or after 6th April 1986.
1970 c. 9.The Taxes Management Act 1970.In section 31(3), the reference to section 30 of the Income and Corporation Taxes Act 1970.
In section 98, in the Table, the reference to section 30(1) and (2) of the Income and Corporation Taxes Act 1970.
1970 c. 10.The Income and Corporation Taxes Act 1970.Section 30.
Section 33.
1971 c. 68.The Finance Act 1971.In Schedule 6, paragraphs 13 and 14.
In Schedule 7, paragraph 1.
1978 c. 42.The Finance Act 1978.In Schedule 2, paragraph 1.
1984 c. 43.The Finance Act 1984.In Schedule 7, in paragraph 2(2)(a), the reference to section 30(3) of the Income and Corporation Taxes Act 1970.

PART IXStamp Duty

(1) GIFTS INTER VIVOS

ChapterShort TitleExtent of Repeal
1910 c. 8.The Finance (1909-10) Act 1910.Section 74.
1942 c. 21.The Finance Act 1942.Section 44.
1942 c. 20 (N.I.).The Finance (No. 2) Act (Northern Ireland) 1942.Section 1.
1946 c. 64.The Finance Act 1946.In section 57(2), the words from "a conveyance or transfer operating" to "Finance (1909-10) Act, 1910".
1946 c. 17 (N.I.).The Finance (No. 2) Act (Northern Ireland) 1946.In section 28(2), the words from "a conveyance or transfer operating" to "Finance (1909-10) Act, 1910".
1963 c. 25.The Finance Act 1963.Section 64.
In section 67, subsection (3) and, in subsection (5), the words "or donee" in both places where they occur.
1963 c. 22 (N.I.).The Finance Act (Northern Ireland) 1963.Section 13.
In section 16, subsection (3) and, in subsection (5), the words "or donee" in both places where they occur.
1965 c. 25.The Finance Act 1965.In section 90, in subsection (2), the proviso and, in subsection (5), the words "of the said section 74 and".
1965 c. 16 (N.I.).The Finance Act (Northern Ireland) 1965.In section 4, in subsection (2), the words from "where the completed transaction" to "in any other case" and, in subsection (5), the words "of section 74 of the Finance (1909-10) Act 1910 and".
1967 c. 1.The Land Commission Act 1967.Section 25(6).
1971 c. 68.The Finance Act 1971.In section 64(2), the words from "and section 74" to "on sale)".
1971 c.27 (N.I).The Finance Act (Northern Ireland) 1971.In section 5(2), the words from "and section 74" to "on sale)".
1973 c. 51.The Finance Act 1973.In section 49(3)(b), the words from "without prejudice" to "on sale)".
S.I. 1973/1323 (N.I. 18).The Finance (Miscellaneous Provisions) (Northern Ireland) Order 1973.In Article 10(3)(b), the words from "without prejudice" to "on sale),".
1980 c. 48.The Finance Act 1980.In Schedule 18, in paragraph 12(1), the words "or under section 74 of the Finance (1909-1910) Act 1910".
1981 c. 35.The Finance Act 1981.Section 107(2).
1982 c. 39.The Finance Act 1982.In section 129(1), paragraph (b) and the word "or" immediately preceding it.
1983 c. 49.The Finance (No. 2) Act 1983.Section 15(2).

(2) FIXED DUTIES

ChapterShort TitleExtent of Repeal
1843 c. 86.The London Hackney Carriages Act 1843.In section 23, the words "and no such agreement shall be liable to any stamp duty".
1845 c. 118.The Inclosure Act 1845.In section 163, the words ", or power of attorney,".
1891 c. 39.The Stamp Act 1891.In section 59, in subsection (2) the words "except where appropriate with the fixed duty of 50p" and in subsection (5) the words "is stamped with the fixed duty of 50p or".
In Schedule 1, the whole of the headings mentioned in Schedule 24 to this Act (with the words "And any" preceding "Notarial instrument") and the whole of the headings beginning "Attorney, letter, or power of", "Attorney, warrant of", "Clare constat", " Commission in the nature of a power of attorney in Scotland", "Factory, in the nature of a letter or power of attorney in Scotland", "Power of attorney" and "Proxy".
1909 c. 43.The Revenue Act 1909.Section 9.
1913 c. 20.The Bankruptcy (Scotland) Act 1913.In section 189, the words " powers of attorney, commissions, factories,".
1914 c. 59.The Bankruptcy Act 1914.In section 148, the words " power of attorney, proxy paper".
1917 c. 31.The Finance Act 1917.Section 30(1).
1921 c. 32.The Finance Act 1921.In Schedule 3, paragraph 4.
1923 c.26 (N.I.).The Finance Act (Northern Ireland) 1923.In section 4, the words "power of attorney or other".
1924 c. 27.The Conveyancing (Scotland) Act 1924.Section 6(2).
Section 42(2).
1927 c. 10.The Finance Act 1927.Section 56.
1928 c. 9. (N.I.).The Finance Act (Northern Ireland) 1928.Section 5.
1929 c 29.The Government Annuities Act 1929.In section 22(1) (f), the words "(except a power of attorney)". In section 58, paragraph (d).
1949 c. 47.The Finance Act 1949.In Schedule 8, in Part I, paragraphs 17 and 18.
1949 c. 15 (N.I.).The Finance Act (Northern Ireland) 1949.In Schedule 2, in Part I, paragraphs 16 and 17.
1954 c. 23 (N.I.).The Finance Act (Northern Ireland) 1954.Section 9.
1960 c. 22 (N.I.)The Companies Act (Northern Ireland) 1960.In section 304A, in subsection (1)(b) the words "power of attorney, proxy paper".
1962 c. 37.The Building Societies Act 1962.In section 117, paragraph (b).
1967 c. 31. (N.I.).The Building Societies Act (Northern Ireland) 1967.In section 118, subsection(1)(b).
1970 c. 24.The Finance Act 1970.In Schedule 7, paragraph 1(3) (c) and the word "and" immediately preceding it, and paragraph 4.
1970 c. 21. (N.I.).The Finance Act (Northern Ireland) 1970.In Schedule 2, paragraph 1(3) (c) and the word "and" immediately preceding it, and paragraph 4.
1970 c. 31. (N.I.).The Friendly Societies Act (Northern Ireland) 1970.In section 69, paragraph (b).
1974 c. 46.The Friendly Societies Act 1974.In section 105, paragraph (a).
1980 c. 48.The Finance Act 1980.Section 99.
1983 c. 2.The Representation of the People Act 1983.Section 21(7).
1983 c. 28.The Finance Act 1983.In section 46(3)(c), the words "section 99 of the Finance Act 1980 and".
1985 c. 6.The Companies Act 1985.In section 638, in subsection (1)(b) the words "power of attorney, proxy paper", and in subsection (3)(b) the words "power of attorney, commission, factory".
1985 c. 50.The Representation of the People Act 1985.Section 8(11).

(3) CONTRACT NOTES

ChapterShort TitleExtent of Repeal
1891 c. 39.The Stamp Act 1891.Section 8.
Section 10.
1910 c. 8.The Finance (1909-10) Act 1910.In section 77, subsections (1), (2) and (4).
In section 78, subsections (2), (4) and (5).
In section 79, in subsection (1) the words from "but" to" each option", and subsection (2).
1966 c. 18.The Finance Act 1966.Section 46.
1966 c. 21 (N.I.).The Finance Act (Northern Ireland) 1966.Section 4.
1970 c. 24.The Finance Act 1970.In Schedule 7, in paragraph 9, sub-paragraph (1), in subparagraph (2) the words "In consequence of sub-paragraph (1) above," and subparagraph (3).
1970 c. 21 (N.I).The Finance Act (Northern Ireland) 1970.In Schedule 2, in paragraph 9, sub-paragraph (1), in subparagraph (2) the words "In consequence of sub-paragraph (1) above," and sub-paragraph (3).

(4) EXCHANGE RATES

ChapterShort TitleExtent of Repeal
1899 c. 9.The Finance Act 1899.Section 12.
The Schedule.

(5) FINANCE ACT 1931

ChapterShort TitleExtent of Repeal
The repeals under (4) above apply to instruments executed on or after 1st August 1985.
1931 c. 28.The Finance Act 1931.Section 35(x).

PART XDevelopment Land Tax and Tax on Development Gains

ChapterShort TitleExtent of Repeal
1.

The repeals in the Finance Act 1974, the Finance Act 1976, the Capital Gains Tax Act 1979 and section 99(3) of the Finance Act 1984—

(a)

do not have effect in relation to a disposal of an interest inland, as defined in section 93(6) of this Act, which takes place before 19th March 1985; and

(b)

do not affect the construction of paragraph 9 of Schedule 5 to the Capital Gains Tax Act 1979 (of which sub-paragraph (5) adopts for the purposes of that paragraph certain provisions of the Finance Act 1974).

2.

The other repeals in this Part and the repeal of section 114 of and paragraph 6 of Schedule 7 to the Capital Gains Tax Act 1979 do not have effect in relation to a disposal, as defined in section 93(1) of this Act, which takes place before 19th March 1985.

1974 c. 30.The Finance Act 1974.Sections 38 to 47.
Section 57(3)(c).
Schedules 3 and 4.
Schedules 6 to 10.
1976 c. 24.The Development Land Tax Act 1976.The whole Act.
1976 c. 40.The Finance Act 1976.Section 129.
1976 c. 75.The Development of Rural Wales Act 1976.Section 31.
1977 c. 36.The Finance Act 1977.Section 55.
1979 c. 14.The Capital Gains Tax Act 1979.Section 114.
In Schedule 7, paragraphs 3, 4 and 6; in paragraph 8, item 6 of Part I of the Table; and in the Table in paragraph 9 all the entries relating to the Finance Act 1974 except those relating to sections 26(2)(a) and 30(1).
1979 c. 47.The Finance (No. 2) Act 1979.Section 24.
In Schedule 4, paragraph 4.
1980 c. 48.The Finance Act 1980.Sections 110 to 116.
Section 118(4).
In Schedule 18, paragraphs 11 and 16.
1981 c. 35.The Finance Act 1981.Sections 129 to 133.
1982 c. 39.The Finance Act 1982.Section 155.
1983 c. 28.The Finance Act 1983.Section 46(4).
1983 c. 49.The Finance (No. 2) Act 1983.Section 14.
1984 c. 43.The Finance Act 1984.In section 99, in subsection (2) the words from " and accordingly" onwards and subsection (3).
Sections 118 to 123.
In Schedule 21, paragraphs 18 and 19.
1984 c. 51.The Capital Transfer Tax Act 1984.In Schedule 8, paragraph 5.

PART XIMiscellaneous

ChapterShort TitleExtent of Repeal
These repeals have effect in relation to events on or after 19th March 1985.
1984 c. 51.The Capital Transfer Tax Act 1984.In section 32, subsections (6) and (7).

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