PART 6

Other provisions

Interim remedies

Restrictions on interim payments in proceedings relating to taxation matters
234
1
This section applies to an application for an interim remedy (however described), made in any court proceedings relating to a taxation matter, if the application is founded (wholly or in part) on a point of law which has yet to be finally determined in the proceedings.
2
Any power of a court to grant an interim remedy (however described) requiring the Commissioners for Her Majesty's Revenue and Customs, or an officer of Revenue and Customs, to pay any sum to any claimant (however described) in the proceedings is restricted as follows.
3
The court may grant the interim remedy only if it is shown to the satisfaction of the court—
a
that, taking account of all sources of funding (including borrowing) reasonably likely to be available to fund the proceedings, the payment of the sum is necessary to enable the proceedings to continue, or
b
that the circumstances of the claimant are exceptional and such that the granting of the remedy is necessary in the interests of justice.
4
The powers restricted by this section include (for example)—
a
powers under rule 25 of the Civil Procedure Rules 1998 (S.I. 1998/3132);
b
powers under Part II of Rule 29 of the Rules of the Court of Judicature (Northern Ireland) (Revision) 1980 (S.R. 1980 No.346).
5
This section applies in relation to proceedings whenever commenced, but only in relation to applications made in those proceedings on or after 26 June 2013.
6
This section applies on and after 26 June 2013.
7
Subsection (8) applies where, on or after 26 June 2013 but before the passing of this Act, an interim remedy was granted by a court using a power which, because of subsection (6), is to be taken to have been restricted by this section.
8
Unless it is shown to the satisfaction of the court that paragraph (a) or (b) of subsection (3) applied at the time the interim remedy was granted, the court must, on an application made to it under this subsection—
a
revoke or modify the interim remedy so as to secure compliance with this section, and
b
if the Commissioners have, or an officer of Revenue and Customs has, paid any sum as originally required by the interim remedy, order the repayment of the sum or any part of the sum as appropriate (with interest from the date of payment).
9
For the purposes of this section, proceedings on appeal are to be treated as part of the original proceedings from which the appeal lies.
10
In this section “taxation matter” means anything, other than national insurance contributions, the collection and management of which is the responsibility of the Commissioners for Her Majesty's Revenue and Customs (or was the responsibility of the Commissioners of Inland Revenue or Commissioners of Customs and Excise).