An Act to grant certain duties, to alter other duties, and to amend the law relating to the National Debt and the Public Revenue, and to make further provision in connection with Finance.
[29th July 1977]
Modifications etc. (not altering text)
C1 EDITORIAL NOTE1984 (C) = Capital Transfer Tax Act 1984/Inheritance Tax Act 1984 (c. 51, SIF 65)
C2ss. 1-3, 7, 10, 11, 59(1)(3)(4), Sch. 3 from Group 40:1 (Customs and Excise: Customs and Excise Duties), ss. 17-39, 41, 42, 45-48, 54, 59(1)(2)(3)(c)(4)(5), Schs. 7,8,9 Pts. IV,VI from Group 63:1 (Income, Corporation and Capital Gains Taxes: Income and Corporation Taxes), ss. 56, 59(1)(4)(5), Sch. 9 Pt. V from Group 98:5 (Property, England and Wales: Tithe)
Commencement Information
I1Act partly in force at Royal Assent, partly retrospective, see individual sections; all provisions so far as unrepealed wholly in force at 1.2.1991. Some provisions came into force at specific times of the day.
(1)–(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
(6)(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
(8)(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
Textual Amendments
F1S. 1(1)–(5)(8)(9) repealed by Alcholic Liquor Duties Act 1979 (c. 4), Sch. 4 Pt. I
F2Ss. 1(6)(7), 2(1)(3) repealed by Finance Act 1977 (c. 36), Sch. 9 Pt. II (without prejudice to drawback by virtue of events occurring on or before 30. 6. 1978)
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
(4)–(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
Textual Amendments
F3Ss. 1(6)(7), 2(1)(3) repealed by Finance Act 1977 (c. 36), Sch. 9 Pt. II (without prejudice to drawback by virtue of events occurring on or before 30. 6. 1978)
F4Ss. 2(2)(4)–(8), 3(1)(5) repealed by Tobacco Products Duty Act 1979 (c. 7), Sch.2
Textual Amendments
F6S. 4 repealed by Hydrocarbon Oil Duties 1979 (c. 5), s. 28(2), Sch. 7
F7(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2), (3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9
F7(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F7S. 5(1)(5) repealed (1.9.1994) by 1994 c. 22, ss. 65, 66(1), Sch. 5 Pt.I (with s. 57(4))
F8Ss. 5(2)(3), 6(2)(3) repealed by Finance Act 1980, (c. 48), s. 122, Sch. 20 Pt. III
F9Ss. 5(4), 6(4) repealed by Finance Act 1985 (c. 54), s. 98(6), Sch. 27 Pt. II
Textual Amendments
F10S. 6 repealed (1.10.1991) by Finance Act 1991 (c. 31), ss. 10, 123, Sch. 19 Pt. IV; S.I. 1991/2021, art. 2
(1)The Treasury may by order amend the customs and excise Acts for the purpose of—
(a)replacing any unit of measurement by a metric unit;
(b)replacing the proof system of ascertaining the alcoholic strength of spirits and other liquids by a system of measurement by reference to percentages of alcohol by volume;
(c)replacing any temperature expressed in degrees Fahrenheit by a temperature expressed in degrees Celsius;
(d)replacing any pressure expressed in atmospheres by a pressure expressed in millibars.
(2)Any amendment of an enactment under this section shall be such as to preserve the effect of the enactment except to such extent as the Treasury consider necessary to enable a substituted unit or method of measurement to be applied in a convenient and suitable manner.
(3)An order under this section may contain such transitional and other supplementary provisions as the Treasury think necessary.
(4)The power to make orders under this section includes power to vary or revoke a previous order and shall be exercisable by statutory instrument.
(5)Subject to subsection (6) below, any order under this section shall be laid before the House of Commons after being made; and unless it is approved by that House before the expiration of twenty-eight days beginning with the date on which it was made, it shall cease to have effect on the expiration of that period, but without prejudice to anything previously done thereunder or to the making of a new order.
In reckoning any such period no account shall be taken of any time during which Parliament is dissolved or prorogued or during which the House of Commons is adjourned for more than four days.
(6)Subsection (5) above shall not apply to any order containing a statement by the Treasury that the order does not involve a greater charge to duty or a reduction of any relief, drawback, rebate or allowance; and any such order shall be subject to annulment in pursuance of a resolution of the House of Commons.
Textual Amendments
F11S. 8, 9 repealed by Customs and Excise Management Act 1979 (c. 2), s. 177(3), Sch. 6 Pt. I
(1)In any case where—
(a)goods which are not for the time being in free circulation in member States are imported into the United Kingdom from another member State, and
(b)in accordance with the Treaties the goods either are allowed to be put on the market in the United Kingdom or to be destroyed or otherwise cease to be subject to special arrangements involving the suspension of, or the giving of relief from, duties or levies in another member State,
then, in such circumstances as may be prescribed, duties of customs or levies shall be charged on or in respect of the goods by virtue of this section.
(2)Any question whether goods are at any time in free circulation in member States shall be determined in accordance with the Treaties.
(3)The amount of the duty of customs or levy which, in any particular prescribed circumstances, is charged on or in respect of any goods by virtue of this section shall be such as, in accordance with the Treaties, may either be prescribed or determined in a prescribed manner.
(4)Duties of customs charged by virtue of this section shall be treated as [F12EU] customs duties charged under subsection (1) of section 5 of the M1European Communities Act 1972 and levies charged by virtue of this section shall be treated as agricultural levies, as defined in subsection (8) of section 6 of that Act; and the provisions of, and of the enactments referred to in, [F13the said section 6] shall apply accordingly.
(5)In this section “prescribed” means prescribed by regulations [F14made by statutory instrument by the Commissioners which shall be subject to annulment in pursuance of a resolution of either House of Parliament].
(6)This section and, except in so far as any such regulations otherwise provide, any regulations made under it shall have effect in relation to goods imported into the United Kingdom on or after 1st July 1977.
Textual Amendments
F12Word in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 6 (with arts. 3(2)(3), 4(2), 6(4)(5))
F13Words substituted by Customs and Excise Duties (General Reliefs) Act 1979 (c. 3), Sch. 2 para. 6
F14Words substituted by Customs and Excise Management Act 1979 (c. 2), s. 177, Sch. 4 para. 12 Table Pt. I
Marginal Citations
Textual Amendments
F15S. 11 repealed (24.7.2002) by 2002 c. 23, s. 141, Sch. 40 Pt. 5
Textual Amendments
Textual Amendments
F17S. 13 repealed by Finance Act 1978 (c. 42), s. 80(5), Sch. 13 Pt. I
Textual Amendments
F18S. 14 repealed by Value Added Tax Act 1983 (c. 55), s.50(2), Sch. 11
Textual Amendments
F19S. 15 repealed by Finance Act 1978 (c. 42), s. 80(5), Sch. 13 Pt. IV
Textual Amendments
Textual Amendments
F21 Ss.17–39 repealed by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), s. 844, Sch. 31.
Textual Amendments
F22S. 40 repealed with savings by Capital Gains Tax Act 1979 (c. 14, SIF 63:2), s. 158, Sch. 8
Textual Amendments
Textual Amendments
Textual Amendments
F25S. 43 repealed with savings by Capital Gains Tax Act 1979 (c. 14, SIF 63:2), s. 158, Sch. 8
Textual Amendments
F26S. 44 repealed (pt. retrosp.)by Finance Act 1978 (c. 42), s. 80(5), Sch. 13 Pt. IV
Textual Amendments
Textual Amendments
F28S. 49 repealed (retrosp.) by Finance (No. 2) Act 1983 (c. 49), s. 16(4), Sch. 2 Pt. II
Textual Amendments
F29S. 50 repealed by Finance Act 1982 (c. 39), s. 157, Sch. 22 Pt. VII Note 3
(1)Paragraph 19 of Schedule 5 to the Finance Act 1975 (trusts for mentally disabled persons) shall be amended as follows.
(2)In sub-paragraph (1) after the words “a mentally disabled person" there shall be inserted the words “ or of a person in receipt of an attendance allowance".
F31(3)(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) At the end of Sub-paragragh (4) there shall be added the words “and“ attendance allowance" means an allowance under section 35 of the Social Security Act 1975 or the Social Security (Northern Ireland) Act 1975"]
Textual Amendments
F30S. 51 repealed (in relation to property transferred into settlement on or after 10th March 1981) by Finance Act 1981 (c. 35), s.139, Sch. 19 Pt. IX Note 6
F31S. 51(3)(4) repealed by Finance Act 1982 (c. 39), s. 157, Sch. 22 Pt. VII Note 3
Textual Amendments
(1)After paragraph 6 of Schedule 3 to the M2Oil Taxation Act 1975 there shall be inserted—
“ Effect of certain transactions between participators6AWhere the whole or part of the share of a participator (“the transferor") of oil won from an oil field became the share, or part of the share, of another participator (“the transferee") in pursuance of an agreement between them under which the transferor undertook to remain responsible for carrying out the transferee’s obligations in connection with the field so far as they relate to the transferred share or part, then, for the purposes of this Part of this Act—
(a)the shares of the transferor and the transferee of oil won from the field shall be taken to be the same as they would have been if the transfer had not occurred, and
(b)any oil comprised in the transferred share or part and taken up by or on the authority of the transferee in pursuance of the agreement shall be regarded as being disposed of and delivered to him by the transferor at the time when it is taken up.”.
(2)In the said paragraph 6, in sub-paragraph (1), for the words “another person (in this paragraph referred to as “the owner")" there shall be substituted the words “a person (in this paragraph referred to as “the owner") who is not a participator and".
Marginal Citations
Textual Amendments
F33S. 55 repealed by Finance Act 1985 (c. 54), s. 98(6), Sch. 27 Pt. X, Note II
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F34S. 56 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 6 Group 3
Textual Amendments
F35S. 57 repealed by Finance Act 1984 (c. 43), s. 128(6), Sch. 23 Pt. XI
Textual Amendments
F36S. 58 repealed by Finance Act 1987 (c. 16), s. 72, Sch. 16 Pt. XI
(1)This Act may be cited as the Finance Act 1977.
(2)In this Act “the Taxes Act” means the Income and Corporation Taxes Act 1970.
(3)In this Act—
(a)Part I (except sections 5 and 6) shall be construed as one with [F37such of the Customs and Excise Acts 1979 as the provision in question requires.]
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38
(c)Part III, so far as it relates to income tax, shall be construed as one with the Income Tax Acts, so far as it relates to corporation tax shall be construed as one with the Corporation Tax Acts . . . F39
(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40
(4)Except so far as the context otherwise requires, any reference in this Act to any enactment shall be construed as a reference to that enactment as amended, and as including a reference to that enactment as applied, by or under any other enactment, including this Act.
(5)The enactments mentioned in Schedule 9 to this Act (which include spent enactments) are hereby repealed to the extent specified in the third column of that Schedule, but subject to any provision at the end of any Part of that Schedule.
Textual Amendments
F37Words substituted by Customs and Excise Management Act 1979 (c. 2), s. 177, Sch. 4 para. 12 Table Pt. I
F39Words repealed with savings by Capital Gains Tax Act 1979 (c.14, SIF 63:2), ss. 157(1),158, Sch. 6 para.10(2)(b), Sch. 8
F40S. 59(3)(d) repealed (savings) by Capital Transfer Tax Act 1984/Inheritance Tax Act 1984 (c.51, SIF 65), ss.274, 277, Schs. 7, 9
Modifications etc. (not altering text)
C3The text of ss. 41(1), 51, 59 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991
Textual Amendments
F41Schs. 1, 2 repealed by Alcholic Liquor Duties Act 1979 (c. 4),s. 92(2), Sch. 4 Pt. I
Section 3.
| Unmanufactured tobacco | |||
|---|---|---|---|
| Period in which duty paid (all dates inclusive) | Containing 10 per cent. or more by weight of moisture | Containing less than 10 per cent. by weight of moisture | Manufactured tobacco |
| £ per pound | £ per pound | £ per pound | |
| 10th May 1976 to 15th December 1976 | 5·8150 | 5·8560 | 5·9000 |
| 16th December 1976 to 29th March 1977 | 6·3965 | 6·4416 | 6·4900 |
| 30th March 1977 to 31st December 1977 | 6·4000 | 6·4410 | 6·4850 |
Textual Amendments
F43Sch. 6 repealed by Value Added Tax Act 1983 (c. 55), s.50(2), Sch. 11
Textual Amendments
Section 59.
Modifications etc. (not altering text)
C4The text of ss. 3(4), 6(2)(3), 56, Schs. 1, 2, 4–6, 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
| Chapter | Short title | Extent of repeal |
|---|---|---|
| 15 & 16 Geo. 6 & 1 Eliz. 2. c. 44. | The Customs and Excise Act 1952. | In section 255A the words “for securing that the goods will be so used or otherwise". |
| 6 & 7 Eliz. 2. c. 6. | The Import Duties Act 1958. | Section 9. |
| Section 10(2). | ||
| In section 11(5) the words “and nine". | ||
| In section 15(1) the definition of “registered shipbuilding yard". | ||
| In Schedule 3, paragraphs 1, 2, 3, 6, 7, 9, 10 and 11. | ||
| Schedule 5. | ||
| 7 & 8 Eliz. 2. c. 58. | The Finance Act 1959. | Section 9. |
| 1964 c. 28. | The Agriculture and Horticulture Act 1964. | In the Schedule, paragraph 1(3)(b). |
| 1965 c. 25. | The Finance Act 1965. | Section 2(5). |
| 1971 c. 68. | The Finance Act 1971. | Section 1(4). |
| Section 2. | ||
| 1975 c. 45. | The Finance (No. 2) Act 1975. | Section 5(2) and (3). |
| Section 6(2) and (3). | ||
| Schedules 1 and 2. | ||
| 1976 c. 40. | The Finance Act 1976. | Section 1. |
| Section 14(3). | ||
| Section 16. | ||
| Schedules 1 and 2. |
1U.K.The repeal in section 255A of the Customs and Excise Act 1952 takes effect on such day as may be appointed by regulations under section 8 of this Act.
2U.K.The repeals in the Import Duties Act 1958 (except section 10(2)), the Finance Act 1959, the Finance Act 1965 and the Finance Act 1971 take effect on 1st July 1977.
3U.K.The repeals in the Finance (No. 2) Act 1975 and of section 14(3) of the Finance Act 1976 take effect on 30th March 1977.
| Chapter | Short title | Extent of repeal |
|---|---|---|
| 15 & 16 Geo. 6 & 1 Eliz. 2 c. 44. | The Customs and Excise Act 1952. | Part V. |
| 1964 c. 49. | The Finance Act 1964. | Section 4. |
| Section 8(2)(a). | ||
| Schedule 5. | ||
| 1966 c. 18. | The Finance Act 1966. | Section 3. |
| In Schedule 2, in paragraph 1 the words “section 173(1)(b) (importation of tobacco)" and in paragraph 2 the words “and 173(3)" and “and tobacco". | ||
| 1967 c. 54. | The Finance Act 1967. | In section 4, in subsection (1), paragraph (d) and the word “or" before it and the words “and 175" and in subsection (2) the words “or (d)" and the words following the semi-colon. |
| 1970 c. 24. | The Finance Act 1970. | Section 4. |
| Section 5(a). | ||
| In Schedule 2, paragraphs 1 to 4. | ||
| 1973 c. 51. | The Finance Act 1973. | Section 1 so far as unrepealed. |
| Schedule 5. | ||
| 1974 c. 30. | The Finance Act 1974. | Section 1(6). |
| 1975 c. 45. | The Finance (No. 2) Act 1975. | Section 1(6). |
| 1976 c. 40. | The Finance Act 1976. | Section 8. |
| 1977 c. 36. | The Finance Act 1977. | Section 1(6) and (7). |
| Section 2(1) and (3). |
The above repeals take effect on 1st January 1978 but do not affect drawback by virtue of events occurring on or before 30th June 1978.
| Chapter | Short title | Extent of repeal |
|---|---|---|
| 1972 c. 41. | The Finance Act 1972. | In section 8, in subsection (1) the words “or services"; and subsections (4) to (7). |
| Section 17(3). | ||
| Section 30(1). | ||
| In Schedule 4, Group 8, Note (3). | ||
| 1974 c. 30. | The Finance Act 1974. | Section 5. |
| 1976 c. 40. | The Finance Act 1976. | Section 18. |
| In section 19, the words “11(b) and". | ||
| Section 20. |
The above repeals take effect on 1st January 1978.
| Chapter | Short title | Extent of repeal |
|---|---|---|
| 1970 c. 10. | The Income and Corporation Taxes Act 1970. | In section 8(2)(b) the words before “except". |
| Section 24(1), (3) and (4). | ||
| In section 219(1), paragraph (b) together with the word “and" immediately preceding it. | ||
| In section 530(2)(c) the words “family allowances and other". | ||
| 1971 c. 68. | The Finance Act 1971. | Section 15(7). |
| Section 33(4). | ||
| In Schedule 4, in paragraph (1)(b) the words before “any payment or benefit". | ||
| 1974 c. 30. | The Finance Act 1974. | Section 14(6). |
| 1975 c. 18. | The Social Security (Consequential Provisions) Act 1975. | In Schedule 2, paragraph 37. |
| 1976 c. 40. | The Finance Act 1976. | Section 32(1), (2), (3)(a), (c) and (d), (4), (5) and (6). |
1U.K.The repeal of section 32(2), (3)(a) and (d), (4), (5) and (6) of the Finance Act 1976 shall be deemed to have come into force on 4th April 1977.
2U.K.The repeal of the other provisions mentioned above does not affect their operation in relation to any allowance or benefit payable in respect of a period before 4th April 1977.
Textual Amendments
F45Sch. 9 Pt. V repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 6 Group 3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
| Chapter | Short title | Extent of repeal |
|---|---|---|
| 1965 c. 25. | The Finance Act 1965. | In Schedule 7, in paragraph 5, in sub-paragraph (1) the words “Subject to sub-paragraph (2) below" and sub-paragraph (2). |
| 1968 c. 44. | The Finance Act 1968. | In section 55, in subsection (1) the words “securities and" and “in section 42(1) of the Exchange Control Act 1947 and" and (in paragraph (c)) the words “of the Exchange Control Act 1947, or" and “or both" ; subsection (2); in subsection (3), in the definition of “prescribed" the words from “(a)" to “1964"; in subsection (4) the words “securities and"; in subsection (5) the words from “(a)" to “1964"; and in subsection (6) the words before “this section shall apply" and the words “that Act, or as the case may be". |
| In Schedule 12 paragraph 9. | ||
| 1969 c. 32. | The Finance Act 1969. | Section 41(7). |
| 1970 c. 10. | The Income and Corporation Taxes Act 1970. | Section 185. |
| In section 270(4)(a) the words “(and Schedule 9 to the Finance Act 1965)". | ||
| Section 271(4). | ||
| 1971 c. 68. | The Finance Act 1971. | In Schedule 10— |
| paragraph 3. | ||
| in paragraph 4(1) the words from “section 27(3)" to “(conversion of such stock)". | ||
| in paragraph 5 the words from “or to securities" to “paragraph 4 above". | ||
| in paragraph 7(1) the words from “and for determining" to the end of paragraph 7(1). | ||
| paragraph 13. | ||
| 1973 c. 51. | The Finance Act 1973. | Section 13. |
| In Schedule 16, in paragraph 7, the words from “securities of any" to “1965 or of". | ||
| 1974 c. 30. | The Finance Act 1974. | Section 21(2). |
| In Schedule 2, paragraphs 1 and 2. | ||
| 1975 c. 7. | The Finance Act 1975. | In Schedule 9, in paragraph 5, in sub-paragraph (1) the words from “and, subject" onwards, and sub-paragraph (2). |
| 1975 c. 45. | The Finance (No. 2) Act 1975. | Section 29. |
| 1976 c. 40. | The Finance Act 1976. | Section 28. |
| Section 29(1) and (4). | ||
| Section 30(1). | ||
| Section 63(7). |
1U.K.The repeal of section 185 of the Income and Corporation Taxes Act 1970 has effect for the year of assessment 1977-78 and subsequent years of assessment.
2U.K.The repeal of section 13 of the Finance Act 1973 does not affect relief for any year of assessment before the year 1977-78.
3U.K.The repeals in the Finance Act 1974 have effect for the year of assessment 1977-78 and subsequent years of assessment.
4U.K.The repeal of section 30(1) of the Finance Act 1976 does not affect relief for any year of assessment before the year 1977-78.
5U.K.The repeal of section 63(7) of the Finance Act 1976 has effect for the year of assessment 1977-78 and subsequent years of assessment.