2014 No. 278 (C. 26)

Taxes

The Revenue Scotland and Tax Powers Act 2014 (Commencement No. 1) Order 2014

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Order in exercise of the power conferred by section 260(2) of the Revenue Scotland and Tax Powers Act 20141.

Citation and commencement1

This Order may be cited as the Revenue Scotland and Tax Powers Act 2014 (Commencement No. 1) Order 2014 and comes into force on 7th November 2014.

Day appointed2

1

The day appointed for the coming into force of the provisions of the Revenue Scotland and Tax Powers Act 2014 specified in column 1 of the table in the Schedule to this Order (the subject matter of which is specified in column 2 of that table) is 7th November 2014.

2

Where a purpose is specified in column 3 of that table, a provision mentioned in column 1 comes into force in accordance with paragraph (1) only for that purpose.

JOHN SWINNEYA member of the Scottish GovernmentSt Andrew’s House,Edinburgh

SCHEDULE

Article 2

Column 1

(provision of the Revenue Scotland and Tax Powers Act 2014)

Column 2

(subject matter)

Column 3

(purpose)

Section 11

Revenue Scotland’s first planning period

For the purpose of making orders

Section 26(4) and paragraphs 2(3), 9, 22 and 32 of schedule 2

Membership of the Scottish Tax Tribunals

For the purpose of making regulations or rules

Section 32

Voting for decisions in the Scottish Tax Tribunals

Section 33

Chairing members of the Scottish Tax Tribunals

Section 39(1)

Time limit for permission to appeal

For the purpose of making regulations

Section 45(2)

Venue for hearings of the Scottish Tax Tribunals

For the purpose of making tribunal rules

Section 46

Powers, rights, privileges and other authority of the Scottish Tax Tribunals

For the purpose of making tribunal rules

Section 47

Enforcement of decisions of the Scottish Tax Tribunals

For the purpose of making tribunal rules

Section 48

Award of expenses in the Scottish Tax Tribunals

For the purpose of making tribunal rules

Section 50

Offences in relation to proceedings in the Scottish Tax Tribunals

Section 51

Tribunal rules

Section 52

Tribunal rules: exercise of functions

Section 53

Tribunal rules: extent of rule-making

Section 54

Tribunal rules: proceedings and steps

Section 55

Tribunal rules: hearings in cases

Section 56

Tribunal rules: evidence and decisions

Section 74

Record keeping

For the purpose of making regulations

Section 81

Record keeping in relation to land and buildings transaction tax

Section 92

Meaning of “appropriate tribunal” in section 88

For the purpose of making tribunal rules

Section 94

Meaning of “the tribunal” in section 94

For the purpose of making tribunal rules

Section 111

Unjustified enrichment: reimbursement arrangements

For the purpose of making regulations

Section 114 and paragraphs 3 and 15 of schedule 3

Record keeping in relation to claims for relief from double assessment and for repayment

For the purpose of making regulations or tribunal rules

Section 138

Resolution of disputes as to privileged communications

For the purpose of making regulations

Section 142

Meaning of “involved third parties” in section 142

For the purpose of making orders

Section 217

Relevant date in relation to interest on unpaid tax

For the purpose of making regulations

Section 220

Rates of interest

For the purpose of making regulations

Section 222

Fees for payment

Section 245

Postponement of tax pending review or appeal

For the purpose of making regulations

Section 249

Meaning of “the tribunal” in Part 11 (reviews and appeals)

For the purpose of making tribunal rules

Section 256 and paragraphs 9(1), (6), (8), (9), (15), (16)(a) and (c), (18), (19) and (22)(a)(i) and 10(1), (2), (3), (4), (5), (6), (7), (8), (11), (12), (17) and (18)(a) of schedule 4

Consequential amendments of 2013 asp 11 and 2014 asp 2

For the purposes of the paragraphs cited only

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force certain provisions of the Revenue Scotland and Tax Powers Act 2014 on 7th November 2014. The relevant provisions contain Ministerial powers to make subordinate legislation and provide for consequential amendments to the Land and Buildings Transaction Tax (Scotland) Act 2013 (asp 11) and the Landfill Tax (Scotland) Act 2014 (asp 2).

The Revenue Scotland and Tax Powers Act 2014 received Royal Assent on 24th September 2014. Sections 254, 255, 257, 258, 259, 260 and 261 of and paragraphs 9(12) and 10(14) of schedule 4 to that Act came into force on 25th September 2014.