The Stamp Duty Land Tax (Consequential Amendment of Enactments) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations make amendments consequent upon the introduction of stamp duty land tax. In this respect they replace provision made in respect of the treatment of NHS trusts by S.I. 2003/2687. They also make provision for the disclosure of information to the Commissioner of Valuation for Northern Ireland.

Regulation 1 provides for the citation and commencement of the Regulations.

Regulation 2 substitutes a new subsection (3) in section 61 of the National Health Service and Community Care Act 1990 (“the 1990 Act”). Section 33(2) of the Health and Social Care (Community Health and Standards) Act 2003 applied the existing section 61(3) to foundation trusts as it applied to other NHS trusts. As substituted subsection (3) re-enacts the exemption from stamp duty for instruments effecting conveyances, leases and transfers in favour of certain health service bodies. It also provides a similar exemption from stamp duty land tax, in respect of land transactions where the purchaser is a health service body, thus enabling a foundation trust to take the benefit of the exemption from stamp duty land tax. Subsection (3A) lists the health service bodies to which subsection (3) applies. Subsection (3B) specifies the method of claiming relief under subsection (3)(b), and subsection (3C) defines terms used in subsection (3).

Regulation 3 amends Part 6 of the Finance Act 1994. The amendment made to section 245 of that Act provides that information received by the Commissioners of Inland Revenue in respect of stamp duty land transaction returns may be disclosed to the Commissioner of Valuation for Northern Ireland in the same way as particulars delivered under section 244 of the 1994 Act.

Regulation 4 repeals section 61A of the 1990 Act, which was inserted by S.I. 2003/2867.

Regulation 5 revokes the provision in S.I. 2003/2867 which inserted section 61A of the 1990 Act.

These Regulations do not impose new costs on business.