(1)This section applies where there is a change in the rate of value added tax in force under section 9 of the [1972 c. 41.] Finance Act 1972, or in the descriptions of exempt or zero-rated supplies.
(2)Where
(a)a supply affected by the change would, apart from subsections (4) to (6A) of section 7 of that Act (time of supply), be treated under subsection (2) or (3) of that section as made wholly or partly at a time when it would not have been affected by the change, or
(b)a supply not so affected would apart from subsections (4) to (6A) be treated under subsection (2) or (3) of that section as made wholly or partly at a time when it would have been so affected,
the rate at which tax is chargeable on the supply, or any question whether it is zero-rated or exempt, shall if the person making it so elects be determined without regard to subsections (4) to (6A).
(3)Any power to make regulations under Part I of the Finance Act 1972 with respect to the time when a supply is to be treated as taking place shall include power to provide for this section to apply as if the references in subsection (2) above to section 7(4) to (6A) included references to specified provisions of the regulations.
(4)Regulations under section 30 of the Finance Act 1972 may make provision for the replacement or correction of any tax invoice which—
(a)relates to a supply in respect of which an election is made under this section, but
(b)was issued before the election was made.
(5)No election may be made under this section in respect of a supply to which paragraph 6 of Schedule 2 to the Finance Act 1972 (sales in satisfaction of debts) or section 19(4) of the [1975 c. 45.] Finance (No. 2) Act 1975 (invoice provided by recipient) applies.