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There are currently no known outstanding effects for the Scotland Act 2012, Cross Heading: Finance Act 2003.
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2U.K.The Finance Act 2003 is amended as follows.
3U.K.Omit section 44(9A)(b) (application of provisions relating to missives of let etc).
Commencement Information
4U.K.In section 48 (chargeable interests)—
(a)in subsection (2)(c) omit “in England and Wales or Northern Ireland”;
(b)omit subsection (4);
(c)in subsection (5) for “the United Kingdom” substitute “ England and Wales or Northern Ireland ”.
Commencement Information
5U.K.In section 55(5) (additional provisions determining amount of tax chargeable)—
(a)omit the reference to section 75 and the word “and” preceding it;
(b)for “provide” substitute “ provides ”.
Commencement Information
6U.K.In section 57AA (first-time buyers)—
(a)in subsection (2)(b) after “under the law of” insert “ Scotland or ”;
(b)in subsection (2)(c) omit “72, 72A”.
Commencement Information
7U.K.In section 60 (compulsory purchase facilitating development)—
(a)in subsection (2)(a), omit “or Scotland”;
(b)omit subsection (5)(b).
Commencement Information
8(1)Section 61 (compliance with planning obligations) is amended as follows.U.K.
(2)Omit subsection (2)(b) (definition of planning obligation in Scotland).
(3)In subsection (3) (public authorities)—
(a)under the heading “Government”, omit the entry “The Scottish Ministers”;
(b)omit the heading “Local Government: Scotland” and the entry under that heading;
(c)omit the heading “Health: Scotland” and the entries under that heading;
(d)under the heading “Other planning authorities” omit paragraph (b) and the word “or” preceding it.
Commencement Information
9U.K.Omit section 71A(10) (disapplication of section to Scotland).
Commencement Information
10U.K.Omit sections 72 and 72A (alternative property finance in Scotland).
Commencement Information
11U.K.In section 73 (alternative property finance: land sold and re-sold)—
(a)in subsection (2)(b) omit “, 72(1) or 72A(1)”;
(b)omit subsection (5)(b)(ii).
Commencement Information
12(1)In section 73AB (arrangements to transfer control of financial institution)—U.K.
(a)in subsection (1) omit “, 72 or 72A”;
(b)in subsection (3), in the definition of “alternative finance arrangements” omit “, 72(1) or 72A(1)”.
(2)In the heading to that section, for “Sections 71A to 72A” substitute “ Section 71A ”.
Commencement Information
13(1)Section 73B (exempt interests) is amended as follows.U.K.
(2)In subsection (1) omit “, 72(1)(a) or 72A(1)(a)”.
(3)In subsection (2)—
(a)in paragraph (a) omit “, 72(1)(b) or 72A(1)(b)”;
(b)in paragraph (b) omit “, 72(1)(c) or 72A(1)(c)”.
(4)In subsection (4)(b) omit “, 72(4) or 72A(4)”.
Commencement Information
14U.K.In section 73CA (application of sections 71A to 73 to first-time buyers), in subsection (1) omit “, 72, 72A”.
Commencement Information
15U.K.Omit section 75 (crofting community right to buy).
Commencement Information
16U.K.In section 75C (anti-avoidance: supplemental), in subsection (4) for “, 74 and 75” substitute “ and 74 ”.
Commencement Information
17U.K.In section 77 (notifiable transactions), in subsection (2)(a) omit “and 72A(7)”.
Commencement Information
18U.K.In section 79 (registration of land transactions etc)—
(a)omit subsection (1)(b) (registration in Scotland);
(b)in subsection (2)(c) omit “or 19(3)”;
(c)in subsection (6) omit “(in Scotland, the Keeper of the Registers of Scotland)”.
Commencement Information
19U.K.In section 108 (linked transactions) after subsection (1) insert—
“(1A)A transaction is not a linked transaction if the land to which it relates is in Scotland.”
Commencement Information
20U.K.Omit section 117(3) (meaning of “major interest” in land in Scotland).
Commencement Information
21U.K.In section 119(2) (provisions as to effective date of transaction), omit the reference to paragraph 19(3) of Schedule 17A.
Commencement Information
22U.K.In section 121 (minor definitions) omit—
(a)the definition of “assignment”;
(b)the definition of “completion”;
(c)paragraph (b) of the definition of “jointly entitled”;
(d)the definition of “standard security”;
(e)the definition of “surrender”.
Commencement Information
23U.K.In section 122 (index of defined expressions) omit the entries relating to—
(a)assignment (in Scotland);
(b)completion (in Scotland);
(c)standard security;
(d)surrender (in Scotland).
Commencement Information
24(1)Schedule 4 (chargeable consideration) is amended as follows.U.K.
(2)In paragraph 8(1C), omit “in England and Wales and Northern Ireland”.
(3)Omit paragraph 10(2A)(c) (application of provisions relating to missives of let etc).
(4)Omit paragraph 17(5) (arrangements involving public or educational bodies).
Commencement Information
25(1)Schedule 10 (returns, etc) is amended as follows.U.K.
(2)In paragraph 7(1A) (correction of return by certain persons) omit paragraph (b).
(3)In paragraph 45(2) (definition of “relevant tribunal”) omit paragraph (b).
Commencement Information
26(1)Schedule 15 (partnerships) is amended as follows.U.K.
(2)In paragraph 12(2) omit “(or, in Scotland, as joint owners)” and “(or, in Scotland, as owners in common)”.
(3)In paragraph 20(2) omit “(or, in Scotland, as joint owners)” and “(or, in Scotland, as owners in common)”.
Commencement Information
27(1)Schedule 17A (further provision relating to leases) is amended as follows.U.K.
(2)In paragraph 1 (meaning of “lease”) for “In the application of this Part to England and Wales or Northern Ireland” substitute “ In this Part ”.
(3)In paragraph 4 (leases for indefinite term), in sub-paragraph (5)(b) omit “in England and Wales or Northern Ireland”.
(4)In paragraph 7 (variable or uncertain rent), omit sub-paragraph (4A)(c) and (d).
(5)In paragraph 10 (tenants' obligations etc that do not count as chargeable consideration), in sub-paragraph (1)(a) omit “(in Scotland, the leased premises)”.
(6)In paragraph 12A(1) (agreement for lease) omit “in England and Wales or Northern Ireland”.
(7)In paragraph 12B(1) (assignment of agreement for lease) omit “in England and Wales or Northern Ireland”.
(8)In paragraph 13 (increase of rent treated as grant of new lease: variation of lease in first five years), in sub-paragraph (2)(b) for “any of paragraphs (a) to (d)” substitute “ paragraph (a) or (b) ”.
F1(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10)Omit paragraph 19 (provisions relating to leases in Scotland).
Textual Amendments
F1Sch. 3 para. 27(9) repealed (17.7.2013) by Finance Act 2013 (c. 29), Sch. 41 para. 7(2)(b)
Commencement Information
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