Taxes Management Act 1970

45 Quorum of Special Commissioners. [1967 s.43.] U.K.

(1) Anything to be done under any Act (including, except where otherwise expressly provided, any Act passed after this Act) by, to or before the Special Commissioners [shall, except in any case where the Presiding Special Commissioner directs otherwise F1 ] be done by, to or before a single Special Commissioner,or any two or more Special Commissioners F2 ; and this section applies not only for the purposes of the Taxes Acts but also for the purposes of any other affairs under the care and management of the Board.

(2) Subject to the following provisions of this section, proceedings shall not by virtue of this section be brought before a single Special Commissioner unless—

(a) the party, or the parties, to the proceedings, other than the Board or any officer of the Board, have given their consent, and

(b) a Special Commissioner so directs on being satisfied that the direction will avoid undue delay in the hearing of those or any other proceedings F2 .

(3) Proceedings brought [, in accordance with a direction of the Presiding Special Commissioner F3 ] before two or more Special Commissioners may be continued and determined by any one or more of them if the parties to the proceedings have given their consent, and if the continuing Special Commissioner or Commissioners, after such consultation as is practicable with any Special Commissioner retiring from the proceedings, is or are satisfied that to do so will avoid undue delay in the hearing of those or any other proceedings.

(4) If the notice to the appellant of the setting down for hearing of an appeal to the Special Commissioners states that it is intended that the appeal should be heard by a single Special Commissioner and draws attention to the provisions of this section, the appeal may be so heard without compliance with the requirements of subsection(2)above, but if, in the course of the hearing of the appeal or at any earlier time, the Special Commissioner to whom the appeal is assigned is satisfied that the appellant has arguments to present or evidence to adduce on the merits of the appeal, the case shall thereafter be treated as one which cannot be brought before a single Special Commissioner unless the requirements of subsection(2) above are fulfilled.

(5) Nothing in subsection(1)of this section shall authorise a single Special Commissioner to entertain proceedings under section100of this Act (penalties), and subsection(3)of this section shall not apply to proceedings under that section.

(6) No determination of a Special Commissioner shall be questioned, whether by a case stated or otherwise, on the ground that this section did not authorise the Special Commissioner to make the determination, except by a party by whom or on whose behalf an objection to the jurisdiction was made to the Special Commissioner before or in the course of the proceedings leading to the determination F4 .

Textual Amendments

F1 Finance Act 1984 s.127andSch.22 para.2from1January1985by virtue ofS.I. 1984 No. 1836 (C.45).Previously

“may”.

F2 Repealed byFinance Act 1984 ss.127, 128(6)andSchs.22 para.2and23 Part XIIIon and after1January1985by virtue of S.I. 1984 No. 1836 (C.45).

F3 Finance Act 1984 s.127andSch.22 para.2from1January1985by virtue ofS.I. 1984 No. 1836 (C.45).

F4 Subsections (2)and(4)to(6)repealed byFinance Act 1984 ss.127, 128(6)andSchs.22 para.2and23 Part XIIIon and after1January1985by virtue ofS.I. 1984 No. 1836 (C.45).