Corporation Tax Act 2009

1310 Orders and regulations

(1) Any power of the Treasury or the Commissioners for Her Majesty’s Revenue and Customs to make any order or regulations under this Act is exercisable by statutory instrument.

(2) Any statutory instrument containing any order or regulations made by the Treasury or the Commissioners for Her Majesty’s Revenue and Customs under this Act is subject to annulment in pursuance of a resolution of the House of Commons.

(3) Subsection (2) does not apply if the order or regulations are made under—

(a) section 86 (meaning of “urban regeneration company”),

(b) section 1325(2) (power to make transitional or saving provision in connection with the coming into force of this Act),

(c) section 1329(3) (power to appoint a day for the commencement of certain provisions of this Act),

(d) paragraph 42 of Schedule 2 (lease premiums: time limits for claims for repayment of tax), or

(e) any of the provisions mentioned in subsection (4) (which provides for affirmative resolution procedure).

(4) An order or regulations made under—

(a) section 1183(3) (meaning of “film-making activities” etc),

(b) section 1185(3) (meaning of “UK expenditure” etc),

(c) section 1198(2) (UK expenditure),

(d) section 1199(4) (additional deduction for qualifying expenditure),

(e) section 1200(4) (amount of additional deduction), or

(f) paragraph 130 of Schedule 2 (application of Part 15 etc to films not completed before 1 January 2007),

may only be made if a draft of the instrument containing the order or regulations has been laid before and approved by resolution of the House of Commons.

(5) If an order under section 521(1) (power to amend Chapter 6 of Part 6: alternative finance arrangements)—

(a) includes such amendments as are mentioned in subsection (2)(b) of that section (introduction of new provision into the alternative finance provisions), or

(b) amends an enactment not contained in the alternative finance provisions (within the meaning of section 521),

this section has effect as if section 521(1) were included in the list in subsection (4).