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The Revenue Scotland and Tax Powers Act (Involved Third Party) Order 2015

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Scottish Statutory Instruments

2015 No. 37

Taxes

The Revenue Scotland and Tax Powers Act (Involved Third Party) Order 2015

Made

29th January 2015

Laid before the Scottish Parliament

2nd February 2015

Coming into force

1st April 2015

The Scottish Ministers make the following Order in exercise of the powers conferred by section 142(3) of the Revenue Scotland and Tax Powers Act 2014(1) and all other powers enabling them to do so.

Citation and commencementS

1.  This Order may be cited as the Revenue Scotland and Tax Powers Act (Involved Third Party) Order 2015 and comes into force on 1st April 2015.

Commencement Information

I1Art. 1 in force at 1.4.2015, see art. 1

Involved third parties – Scottish landfill taxS

2.  For the purposes of section 142(3) of the Revenue Scotland and Tax Powers Act 2014—

(a)an “involved third party” is any person involved (in any capacity) with a taxable disposal as defined in section 3(2) of the Landfill Tax (Scotland) Act 2014(2);

(b)“relevant documents” are documents relating to the taxable disposal mentioned in paragraph (a); and

(c)a “relevant devolved tax” is Scottish landfill tax(3) within the meaning of section 1(1) of the Landfill Tax (Scotland) Act 2014.

Commencement Information

I2Art. 2 in force at 1.4.2015, see art. 1

[F1Involved third parties - Scottish aggregates taxS

3.—(1) For the purposes of section 142(3) (power to inspect business premises of involved third parties) of the Revenue Scotland and Tax Powers Act 2014—

(a)any person involved (in any capacity) with the commercial exploitation of taxable aggregate is an “involved third party”,

(b)any documents relating to the commercial exploitation of taxable aggregate mentioned in sub-paragraph (a) are “relevant documents”, and

(c)Scottish aggregates tax is a “relevant devolved tax”.

(2) For the purposes of this article—

“commercial exploitation” has the same meaning as in section 7 (commercial exploitation) of the AT(S) Act 2024,

“Scottish aggregates tax” has the same meaning as in section 1(1) (the tax) of the AT(S) Act 2024, and

“taxable aggregate” has the same meaning as in section 5 (taxable aggregate) of the AT(S) Act 2024.]

  JOHN SWINNEY    

A member of the Scottish Government

St Andrew’s House,

Edinburgh

29th January 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order comes into force on 1st April 2015. It specifies, using the power in section 142(3) of the Revenue Scotland and Tax Powers Act 2014, that Scottish landfill tax is a relevant devolved tax, who is an involved third party and what documents are relevant documents in relation to such persons.

(3)

See section 3(3) of the Revenue Scotland and Tax Powers Act 2014 for the definition of devolved tax and section 80K of the Scotland Act 1998 (c.46) which specifies landfill tax as a devolved tax.

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