Background Note
6.The negative resolution procedure is the default parliamentary procedure for statutory instruments relating to capital gains tax, income tax and corporation tax (see section 287(3) of TCGA 1992, section 1014(4) of ITA 2007 and section 1171(4) of CTA 2010). But commencement orders are not generally subject to any parliamentary procedure, so section 287(4)(b) of TCGA 1992, section 1014(6)(b) of ITA 2007 and section 1171(6)(b) of CTA 2010 disapply the negative resolution procedure in the case of orders that provide for commencement on an appointed day.
7.Powers to make subordinate legislation (including commencement powers) are now generally drafted as powers to make regulations. Commencement regulations cannot benefit from section 287(4)(b) of TCGA 1992, section 1014(6)(b) of ITA 2007 or section 1171(6)(b) of CTA 2010 as those provisions refer only to orders. This section amends those sections to include regulations as well as orders and include orders and regulations which provide for commencement in accordance with provision contained in the order or regulations.
