2015 No. 18 (C. 5)
Taxes

The Revenue Scotland and Tax Powers Act 2014 (Commencement No. 3) Order 2015

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, commencement and interpretation1.

(1)

This Order may be cited as the Revenue Scotland and Tax Powers Act 2014 (Commencement No. 3) Order 2015 and comes into force on 16th February 2015.

(2)

In this Order, “the Act” means the Revenue Scotland and Tax Powers Act 2014.

Days appointed2.

(1)

The day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in Schedule 1 to this Order (the subject matter of which is specified in column 2 of that table) is 16th February 2015.

(2)

The day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in Schedule 2 to this Order (so far as not then in force and the subject matter of which is specified in column 2 of that table) is 24th February 2015.

(3)

Where a purpose is specified in column 3 of either of the tables referred to in paragraphs (1) and (2), a provision mentioned in column 1 of the appropriate table comes into force in accordance with paragraph (1) or (2) only for that purpose.

JOHN SWINNEY
A member of the Scottish Government

St Andrew’s House,

Edinburgh

SCHEDULE 1

Article 2(1)

Column 1

(provision of the Revenue Scotland and Tax Powers Act 2014 coming into force on 16th February 2014)

Column 2

(subject matter)

Column 3

(purpose)

Section 158

Double jeopardy

For the purposes of the commencements below

Section 209

Penalty for failure to register for tax etc.

Section 210

Amount of penalty for failure to register for tax etc.

Section 211

Interaction of penalties under section 209 with other penalties

Section 212

Reduction in penalty under section 209 for disclosure

Section 213 (excluding subsection (5))

Special reduction in penalty under section 209

Section 214

Reasonable excuse for failure to register for tax etc.

For the purposes of Revenue Scotland’s functions

Section 215

Assessment of penalties under section 209

Section 233

Appealable decisions

For the purposes of reviews in relation to section 37(3) or 38 of the Landfill Tax (Scotland) Act 2014 or Part 2 of the Scottish Landfill Tax (Administration) Regulations 20152

Section 234 (excluding subsection (4)(b))

Right to request review

For the purposes of reviews in relation to section 37(3) or 38 of the Landfill Tax (Scotland) Act 2014 or Part 2 of the Scottish Landfill Tax (Administration) Regulations 2015

Section 235

Notice of review

For the purposes of reviews in relation to section 37(3) or 38 of the Landfill Tax (Scotland) Act 2014 or Part 2 of the Scottish Landfill Tax (Administration) Regulations 2015

Section 236 (excluding subsection (2)(b))

Late notice of review

For the purposes of reviews in relation to section 37(3) or 38 of the Landfill Tax (Scotland) Act 2014 or Part 2 of the Scottish Landfill Tax (Administration) Regulations 2015

Section 237

Duty of Revenue Scotland to carry out review

For the purposes of reviews in relation to section 37(3) or 38 of the Landfill Tax (Scotland) Act 2014 or Part 2 of the Scottish Landfill Tax (Administration) Regulations 2015

Section 238

Nature of review etc.

For the purposes of reviews in relation to section 37(3) or 38 of the Landfill Tax (Scotland) Act 2014 or Part 2 of the Scottish Landfill Tax (Administration) Regulations 2015

Section 239

Notification of conclusions of review

For the purposes of reviews in relation to section 37(3) or 38 of the Landfill Tax (Scotland) Act 2014 or Part 2 of the Scottish Landfill Tax (Administration) Regulations 2015

Section 240

Effect of conclusions of review

For the purposes of reviews in relation to section 37(3) or 38 of the Landfill Tax (Scotland) Act 2014 or Part 2 of the Scottish Landfill Tax (Administration) Regulations 2015

Section 250

Interpretation

For the purposes of reviews in relation to section 37(3) or 38 of the Landfill Tax (Scotland) Act 2014 or Part 2 of the Scottish Landfill Tax (Administration) Regulations 2015

SCHEDULE 2

Article 2(2)

Column 1

(provision of the Revenue Scotland and Tax Powers Act 2014 coming into force on 24th February 2014)

Column 2

(subject matter)

Column 3

(purpose)

Section 22

President of the Scottish Tax Tribunals

Section 26(4) and paragraphs 1, 7, 10(2), 16 and 17 of schedule 2

Provisions relating to President of the Scottish Tax Tribunals

For the purpose of appointing the first President of the Scottish Tax Tribunals

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 16th and 24th February 2015. The provisions coming into force on 16th February 2015 by virtue of article 2(1) of and Schedule 1 to this Order are consequential on the commencement on that date of sections 37(3) and 38 of the Landfill Tax (Scotland) Act 2014 (concerning bodies corporate carrying on a business in several divisions and groups of companies respectively) and Part 2 (registration and provision for special cases) of the Scottish Landfill Tax (Administration) Regulations 2015.

The provisions coming into force on 24th February 2015 by virtue of article 2(2) of and Schedule 2 to this Order allow the appointment of a President of the Scottish Tax Tribunals.

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.

NOTE AS TO EARLIER COMMENCEMENT ORDERS
(This note is not part of the Order)

Provision

Date of Commencement

S.S.I.No.

Section 1

1st January 2015

2014/370

Section 2 and schedule 1

1st January 2015

2014/370

Section 3

1st January 2015

2014/370

Section 4

1st January 2015

2014/370

Section 5

1st January 2015

2014/370

Section 6

1st January 2015

2014/370

Section 7

1st January 2015

2014/370

Section 8

1st January 2015

2014/370

Section 9

1st January 2015

2014/370

Section 10

1st January 2015

2014/370

Section 11

7th November 2014

2014/278

Section 12

1st January 2015

2014/370

Section 13

1st January 2015

2014/370

Section 14

1st January 2015

2014/370

Section 15

1st January 2015

2014/370

Section 16

1st January 2015

2014/370

Section 17

1st January 2015

2014/370

Section 18

1st January 2015

2014/370

Section 19

1st January 2015

2014/370

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

7th November 2014

2014/278

Section 26(4) and paragraph 23 of schedule 2 (partially)

1st January 2015

2014/370

Section 32

7th November 2014

2014/278

Section 33

7th November 2014

2014/278

Section 39(1) (partially)

7th November 2014

2014/278

Section 45(2) (partially)

7th November 2014

2014/278

Section 46 (partially)

7th November 2014

2014/278

Section 47 (partially)

7th November 2014

2014/278

Section 48 (partially)

7th November 2014

2014/278

Section 50

7th November 2014

2014/278

Section 51

7th November 2014

2014/278

Section 52

7th November 2014

2014/278

Section 53

7th November 2014

2014/278

Section 54

7th November 2014

2014/278

Section 55

7th November 2014

2014/278

Section 56

7th November 2014

2014/278

Section 74 (partially)

7th November 2014

2014/278

Section 81

7th November 2014

2014/278

Section 92 (partially)

7th November 2014

2014/278

Section 94 (partially)

7th November 2014

2014/278

Section 111 (partially)

7th November 2014

2014/278

Section 114 and paragraphs 3 and 15 of schedule 3 (partially)

7th November 2014

2014/278

Section 138 (partially)

7th November 2014

2014/278

Section 142 (partially)

7th November 2014

2014/278

Section 217 (partially)

7th November 2014

2014/278

Section 220 (partially)

7th November 2014

2014/278

Section 222

7th November 2014

2014/278

Section 245 (partially)

7th November 2014

2014/278

Section 249 (partially)

7th November 2014

2014/278

Section 251

1st January 2015

2014/370

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 (partially)

7th November 2014

2014/278

Section 256 and paragraphs 2 to 8, 9(13), (17) and 21(b) and (c), 10(15) and (19) and 12 of schedule 4 (partially)

1st January 2015

2014/370