Part I

The New Services
Chapter III

General

Property and staff

Property.
19
1
The Secretary of State may by order make a scheme—
a
for the transfer to the Secretary of State or the Service of any property belonging to the old employer,
b
for the transfer to the Secretary of State or the Service of any liabilities to which the old employer is subject,
c
for the transfer of property or liabilities to a new employer after an initial transfer to the Secretary of State under paragraph (a) or (b),
d
for the Service to have any rights or interests which the Secretary of State considers appropriate in relation to any property transferred to the Secretary of State under the scheme.
2
Stamp duty is not chargeable in respect of any transfer or grant to the Service effected by virtue of this section.
3
No instrument made or executed under or in pursuance of the scheme for the purposes of such a transfer or grant is to be treated as duly stamped unless—
a
it is stamped with the duty to which it would, but for this section, be liable, or
b
it has, in accordance with the provisions of section 12 of the Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it has been duly stamped.
4
Schedule 3 (contents of schemes) applies in relation to a scheme under this section.
5
For the purposes of stamp duty land tax, a land transaction effected by virtue of this section, under which the purchaser is the Service, is exempt from charge.
6
Relief under subsection (5) must be claimed in a land transaction return or an amendment of such a return.
7
In this section—
- “
land transaction
” has the meaning given by section 43(1) of the Finance Act 2003;
- “
land transaction return
” has the meaning given by section 76(1) of that Act;
- “
purchaser
” has the same meaning as in Part 4 of that Act.
1891 c. 39.
S. 19(5)-(7) inserted (1.12.2003) by The Stamp Duty Land Tax (Consequential Amendment of Enactments) Regulations 2003 (S.I. 2003/2867), reg. 1, Sch. para. 30
S. 19: transfer of functions (12.1.2004) by The Transfer of Functions (Children, Young People and Families) Order 2003 (S.I. 2003/3191), arts. 1(2), 3, 4
Words in s. 19 substituted (12.1.2004) by The Transfer of Functions (Children, Young People and Families) Order 2003 (S.I. 2003/3191), art. 1(2), Sch. para. 4(2)