5(1)Where regulations cease to have effect under paragraph 4(2) or (3), any amount paid by way of stamp duty, or interest or penalty on late stamping, that would not have been payable but for the regulations shall, on a claim, be repaid by the Commissioners.U.K.
(2)Section 110 of the M1Finance Act 1999 (interest on repayment of duty overpaid etc.) applies to a repayment under this paragraph of any amount paid by way of stamp duty or penalty on late stamping.
In the case of a repayment under this paragraph, the relevant time for the purposes of that section is 30 days after the day on which the instrument in question was executed or, if later, the date on which the payment of duty or penalty was made.
(3)A claim for repayment must be made within two years after the date of the instrument in question or, if it is not dated, within two years after its execution.
(4)No repayment shall be made on a claim until the instrument in question has been produced to the Commissioners for such cancelling of stamps, and such stamping to denote the making of the repayment or the producing of the instrument under this paragraph, as the Commissioners consider appropriate.
(5)Any repayment shall, subject to any regulations under sub-paragraph (6)(d), be made to such person as the Commissioners consider appropriate.
(6)The Commissioners may make provision by regulations—
(a)for varying the time limit having effect under sub-paragraph (3);
(b)for varying or repealing the condition having effect under sub-paragraph (4);
(c)as to any other conditions that must be met before repayment is made;
(d)as to the person to whom repayment is to be made.
(7)Regulations under this paragraph shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the House of Commons.
Marginal Citations