Section 2 – Regulations under section 1: supplementary
12.Section 2(1) permits regulations made using the power in section 1 to impose landfill disposals tax and land transaction tax and to impose or extend liability to a penalty.
13.Section 2(2) allows regulations made using the power in section 1 to have retrospective effect, as long as-
the regulations do not retrospectively impose any new penalty or extend liability to any existing penalty (section 2(2)(a));
those regulations that retrospectively create or increase a liability to land transaction tax or landfill disposals tax, do not have effect from a date earlier than the date of an oral or written statement to the Senedd by the Welsh Ministers (section 2(2)(b));
those regulations that retrospectively reduce or withdraw an entitlement to a landfill disposals tax credit, do not have effect from a date earlier than the date of an oral or written statement to the Senedd by the Welsh Ministers (section 2(2)(c)).
14.Section 2(3)(a) allows the regulations made using the power in section 1 to make different provision for different purposes.
15.Section 2(3)(b) allows the regulations made using the power in section 1 to make incidental, consequential, supplementary etc. provision.
16.Sections 2(1) to 2(3) are not an exhaustive list of what regulations made using the power in section 1 may do.
17.Section 2(4)(a) prevents the power in section 1 from being used to modify Part 2 of the Tax Collection and Management (Wales) Act 2016. Those provisions relate primarily to the creation of the Welsh Revenue Authority and its governance.
18.Section 2(4)(b) and (c) prevent the regulation-making power in section 1 from being used to modify regulations setting rates and bands for land transaction tax or tax rates for landfill disposals. The Welsh Ministers already have the power to modify those tax rates and bands by means of regulations, which are subject to the made affirmative procedure.
19.Section 2(5) prohibits regulations made under section 1 from making provision that relates to the investigation of criminal offences.
20.Section 2(6) prohibits regulations made under section 1 from altering any Senedd procedure for making statutory instruments under the Welsh Tax Acts. For example, regulation making powers subject to the draft affirmative procedure within the Welsh Tax Acts cannot be changed to be made subject to the made affirmative procedure.
21.Section 2(7) provides that the regulation-making power in section 1 does not affect any other power the Welsh Ministers already have to make regulations in the Welsh Tax Acts. Equally, the power in section 1 is not affected by the ability of the Welsh Ministers to make regulations using existing powers in the Welsh Tax Acts.
