Finance Act 1978

PART IU.K. CUSTOMS AND EXCISE

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1U.K.

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2U.K.

3—5.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3U.K.

6 Anti-dumping measures on ECSC products.U.K.

(1)In relation to any product covered by the ECSC treaty, the Secretary of State may by order make such provision as appears to him to be appropriate for the purpose of giving effect to any Recommendation or other Community obligation arising under that treaty and relating to the imposition, amendment, suspension, revocation or annulment of anti-dumping measures, that is to say, measures for affording protection against dumping or the grantingof bounties or subsidies by countries which are not members of the Coal and Steel Community.

(2)Without prejudice to the generality of the power conferred by subsection (1) above, so far as may be necessary for giving effect to Community obligation, an order under that subsection may, in circumstances specified in the order,—

(a)require the provision of security of an amount determined under the order by way of provisional duty;

(b)provide for the collection of the whole or a particular proportion of any amount so secured;

(c)charge a duty of customs; and

(d)make provisions of the order applicable to goods imported into the United Kingdom or another member State before the order comes into force ;

and the power to make an order under that subsection includes power to vary or revoke an order previously made in the exercise of that power and shall be exercisable by statutory instriment which shall be subject to annulment in pursuance of a resolution of the Commons House of Parliament.

(3)Where the application or amount of any charge imposed by an order under subsection (1) above depends in some factor other than the country of origin, the Commissioners may require the importer of any goods to state such facts as they may think necessary in order to determine the duty chargeable on those goods ; and if any facts so required are not stated, the duty chargeavle shall be determined on the basis that the facts are such as the Commissioners may determine.

(4). . . F4 any duty chargeable on goods by virtue of subsection (1) above,. . . F4 shall be addition to any other duty of customs for the time being chargeable on those goods.

(5)Subject to subsections (6) and (7) below, after the passing of this Act, the powers conferred on the Secretary of State by the M1Customs Duties (Dumping and Subsidies) Act 1969 (in the following provisions of this section referred to as “the 1969 Act”) shall not be exercisable except in relation to products covered by the ECSC Treaty and then only in cases where the imposition of a duty under that Act to protect an industry within the United Kingdom is compatible with Community obligations ; and, to the limited extent that it remains operative by virtue of this subsection, the 1969 Act shall have effect—

(a)subject to the amendments in Schedule 1 to this Act; and

(b)subject to such amendments as the Secretary of State may specify by order made by statutory instrument, being amendments which appear to him to be necessary or desireable to take account of any international agreement to which the United Kingdom is a party.

(6)No order shall be made under subsection (5) above unless a draft of it has been laid before Parliament and approved by a resolution of each House, and the power to make such an order—

(a)does not extend to the provisions of sections 1(1) and (3), 7(1), 8, 9(1) and (2) and 10 of the 1969 Act (which relate to the charge and levy of duty); and

(b)is without prejudice to the power to make amendments of enactments under section 2(2) of the M2European Communities Act 1972 (for the purpose of implementing the Community obligations).

(7)Nothing in subsection (5) above shall affect—

(a)the continued operation of any order made under the 1969 Act which is in force at the passing of this Act (notwithstanding that it may relate to goods which are not products covered by the ECSC Treaty); or

(b)the execise, in relation to any such order as is referred to in paragraph (a) above, of any power conferred by section 10(3) or section 15(4) of the 1969 Act to vary or remove a duty having effect by virtue of the order or to vary or revoke the order itself.

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(9)So much of Part I of Schedule 3 to the European Communities Act 1972 as provides for the repeal of the 1969 Act from a date to be appointed by the Secretary of State shall cease to have effect.

Textual Amendments

F5S. 6(8) repealed by Customs and Excise Duties (General Relief) Act (c. 3), Sch. 3 Pt. I

Marginal Citations

7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6U.K.

Textual Amendments

8 Vehicles Excise Duty: Great Britain.U.K.

(1)For section 7(2) of the Vehicles (Excise) Act 1971 there shall be substituted—

(2)A mechanically propelled vehicle shall not be chargeable with any duty under this Act by reason of its use by or for the purposes of a person (“a disabled person”) suffering from a physical defect or disability or by reason of its being kept for such use if—

(a)it is registered under this Act in the name of that person; and

(b)he has obtained, or is eligible for, a grant under paragraph 2 of Schedule 2 to the National Health Service Act 1977 in relation to that vehicle or is in receipt of a mobility allowance; and

(c)no other vehicle registered in his name under this Act is exempted from duty under this subsection or section 7 of the Finance Act 1971;

and for the purposes of this subsection a vehicle shall be deemed to be registered in the name of a disabled person in receipt of a mobility allowance if it is registered in the name of a person appointed pursuant to regulations under the Social Security Act 1975 to exercise any of his rights or powers or in the name of a person nominated for the purposes of this subsection by the disabled person or by a person so appointed.

(2)So much of section 13 of the M3Finance Act 1976 as excludes a person entitled to a mobility allowance from the exemption from duty conferred by section 7 of the M4Finance Act 1971 shall cease to have effect.

(3)In section 7 of the Finance Act 1971 after paragraph (c) there shall be inserted the words and

(d)no vehicle exempted from duty under section 7(2) of the Vehicles (Excise) Act 1971 is (or by virtue of that provision is deemed to be) registered in his name underthat Act.

(4)Section 26(1)(c) of the M5Vehicles (Excise) Act 1971 (offences in respect of licence etc.) shall apply also to any document in the form of a licence which in pursuance of regulations made under that Act is issued in respect of a vehicle exempted from duty under the provisions mentioned in subsections (1) and (3) above; and section 26(2)(a) of that Act (false declarations in connection with applications for a licence) shall apply also in relation to any declaration required by any such regulations to be made in respect of any vehicle so exempted.

(5)This section shall come into force on 1st December 1978.

Modifications etc. (not altering text)

C1The text of ss. 8, 9, 77, 80(3)(b) and Schs. 1, 11 and 13 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

9 Vehicles Excise Duty: Northern Ireland.U.K.

(1)For section 7(2) of the Vehicles (Excise) Act (Northern Ireland) 1972 there shall be substituted—

(2)A mechanically propelled vehicle shall not be chargable with any duty under this Act by reason ofits use by or for the purposes of a person (“a disabled person”) suffering from a physical defect or disability or by reason of its being kept for such use if—

(a)it is registered under this Act in the name of that person; and

(b)he has obtained, or is eligible for, a grant under Article 30(3) of the Health and Personal Social Services (Northern Ireland) Order 1972 in relation to that vehicle or is in receipt of a mobility allowance; and

(c)no other vehicle registered in his name under this Act is exempted from duty under this subsection or subsection (2A);

and for the purposes of this subsection a vehicle shall be deemed to be registered in the name of a disabled person in receipt of a mobility allowance if it is registered in the name of a person appointed pursuant to regulations under the Social Security (Northern Ireland) Act 1975 to exercise any of his rights or powers or in the name of a person nominated for the purposes of this subsection by the disabled person or by a person so appointed..

(2)So much of section 13 of the M6Finance Act 1976 as excludes a person entitled to a mobility allowance from the exemption from duty conferred by section 7(2A) of the said Act of 1972 shall cease to have effect.

(3)In the said section 7(2A) after paragraph (b) there shall be inserted the words and

(c)no vehicle exempted from duty under subsection (2) is (or by virtue of that subsection is deemed to be) registered in his name under this Act..

(4)Section 26(c) of the said Act of 1972 (offences in respect of licence etc.) shall apply also to any document in the form of a licence which in pursuance of regulations made under that Act is issued in respect of a vehicle exempted from duty under section 7(2) or (2A) of that Act.

(5)This section shall come into force on 1st December 1978.

Modifications etc. (not altering text)

C2The text of ss. 8, 9, 77, 80(3)(b) and Schs. 1, 11 and 13 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

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PART IIU.K. VALUE ADDED TAX

11 Registration.U.K.

(1)(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

[F9(3)After paragraph 10 of that Schedule (cancellation of registration) there shall be inserted—

10AWhere a registered person who has at any time ceased to be liable to be registered by virtue of paragraph 2 of this Schedule has before that time failed or subsequently failsto make any return or account for or pay any tax as required by or under this Act, the Commissioners may, if they think fit, cancel his registration with effect from such date as they may determine.

(4)In paragraph 11 of that Schedule (discretionary registration) the existing provisions shall become sub-paragraph (1) and after those provisions there shall be inserted—

(2)Where the Commissioners refuse to act or to continue to act on a request made by a person under sub-paragraph (1)(b) above, they shall give him written notice of their decision and of the grounds on which it was made.;

and in section 40(1) of the said Act of 1972 (appeals) after paragraph (g) ther shall be inserted—

(g)any refusal to act or to continue to act on a request under paragraph 11(1)(b) of Schedule 1 to this Act;.]

(5)(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

Textual Amendments

Modifications etc. (not altering text)

C3 “that Schedule” is Schedule 1 to the Finance Act 1972 (c. 41)

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PART IIIU.K. INCOME TAX, CORPORATION TAX AND CAPITAL GAINS TAX

U.K. CHAPTER IGENERAL

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29 Divers and diving supervisors.U.K.

(1)(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

(3)In paragraph 2(b) of Schedule 15 to the Finance Act 1973 (information about emoluments paid or payable in respect of duties performed in connection with exploration or exploitation activities) for the words “emoluments paid or payable in respect of duties” there shall be substituted the words—[for substituted words see 1973 Sch.15 para.2(b)].

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

30—36.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14U.K.

37—40.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15U.K.

41—43.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16U.K.

CHAPTER IIU.K. CAPITAL GAINS

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45 Chattel exemption.U.K.

(1)-(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

(5)In sections 12(2)(b) and 25(7) of the Taxes Management Act 1970 (information about chargeable gains) for “£1,000” there shall be substituted “£2,000”.

(6)This section applies for the year 1978-79 and subsequent years of assessment; . . . F19

46—52.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20U.K.

Textual Amendments

CHAPTER IIIU.K. PROFIT SHARING SCHEMES

F2153—61.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

PART IVU.K. CAPITAL TRANSFER TAX

62, 63.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22U.K.

Textual Amendments

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75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24U.K.

76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25U.K.

PART VU.K. MISCELLANEOUS AND SUPPLEMENTARY

77 Disclosure of information to tax authorities in other member States.U.K.

(1)No obligation as to secrecy imposed by statute or to otherwise shall preclude the Commissioners of Inland Revenue or an authorised officer of those Commissioners from disclosing to the competent authorities of another member State any information required to be so disclosed by virtue of the Directive of the Council of the European Communities dated 19th December 1977 No. 77/799/EEC.

(2)Neither the Commissioners nor an authorised officer shall disclose any information in pursuance of the said Directive unless satisfied that the competent authorities of the other State are bound by, or have undertaken to observe, rules of confidientiality with respect to the information which are not less strict than those applying to it in the United Kingdom.

(3)Nothing in this section shall permit the Commissioners of Inland Revenue or an authorised officer of those Commissioners to authorise the use of information disclosed by virtue of the said Directive other than for the purposes of taxation or to facilitate legal proceedings for failure to observe the tax laws of the receiving State.

Modifications etc. (not altering text)

C5The text of ss. 8, 9, 77, 80(3)(b) and Schs. 1, 11 and 13 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26U.K.

79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27U.K.

80 Short title, interpretation, construction and repeals.U.K.

(1)This Act may be cited as the Finance Act 1978.

(2)In this Act “the Taxes Act” means the Income and Corporation Taxes Act 1970.

(3)In this Act—

(a)Part I (except sections 8 and 9) shall be construed as one with [F28the M7Customs and Excise Management Act 1979];

(b)Part II shall be construed as one with Part I of the M8Finance Act 1972;

(c)Part III, so far as it relates to income tax, shall be construed as one with the Income Tax Acts, so far as it relates to corporation tax shall be construed as one with the Corporation Tax Acts . . . F29;

(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30

(4)Except so far as the context otherwise requires, any reference in this Act to any enactment shall be construed as a reference to that enactment as amended, and as including a reference to that enactment as applied, by or under any other enactment, including this Act.

(5)The enactments mentioned in Schedule 13 to this Act (which include spent enactments) are hereby repealed to the extent specified in the third column of that Schedule, but subject to any provision at the end of any Part of that Schedule.

Textual Amendments

Modifications etc. (not altering text)

C6The text of ss. 8, 9, 77, 80(3)(b) and Schs. 1, 11 and 13 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations