Value Added Tax Act 1983 (repealed 1.9.1994)

Duty to keep records U.K.

7 (1) Every taxable person shall keep such records as the Commissioners may [F1 by regulations]require.

[F2 (1A) Regulations under sub-paragraph (1) above may make different provision for different cases and may be framed by reference to such records as may be specified in any notice published by the Commissioners in pursuance of the regulations and not withdrawn by a further notice.]

(2) The Commissioners may require any records kept in pursuance of this paragraph to be preserved for such period not exceeding [F3 six]years as they may require.

(3) The duty under this paragraph to preserve records may be discharged by the preservation of the information contained therein by such means as the Commissioners may approve; and where that information is so preserved a copy of any document forming part of the records shall, subject to the following provisions of this paragraph, be admissible in evidence in any proceedings, whether civil or criminal, to the same extent as the records themselves.

(4) The Commissioners may, as a condition of approving under sub-paragraph (3) above any means of preserving information contained in any records, impose such reasonable requirements as appear to them necessary for securing that the information will be as readily available to them as if the records themselves had been preserved.

[F4 (5) A statement contained in a document produced by a computer shall not by virtue of sub-paragraph (3) of this paragraph be admissible in evidence-

(a) in civil proceedings in England and Wales, except in accordance with sections 5 and 6 of the Civil Evidence Act M1 1968;

(b) in criminal proceedings in England and Wales except in accordance with sections 68 to 70 of the Police and Criminal Evidence Act 1984;

(c) in civil proceedings in Scotland, except in accordance with sections 13 and 14 of the Law Reform (Miscellaneous Provisions) (Scotland) Act M2 1968;

(d) in criminal proceedings in Scotland, except in accordance with the said sections 13 and 14, which shall, for the purposes of this paragraph, apply with the necessary modifications to such proceedings;

(e) in civil proceedings in Northern Ireland, except in accordance with sections 2 and 3 of the Civil Evidence Act (Northern Ireland) M3 1971; and

(f) in criminal proceedings in Northern Ireland, except in accordance with the said sections 2 and 3, which shall, for the purposes of this paragraph, apply with the necessary modifications to such proceedings.]

(6) Notwithstanding the preceding provisions of this paragraph, in criminal proceedings the court may, for special cause, require oral evidence to be given of any matter of which evidence could ordinarily be given by means of a certificate under section 5(4) of the Civil Evidence Act 1968 or [F5 section 13(4) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1968 or section 2(4) of the Civil Evidence Act (Northern Ireland) 1971].

(7), (8)F6

Textual Amendments

F1 Words inserted by Finance Act 1989 (c. 26, SIF 40:2), s. 25(3)

F2 Sch. 7 para. 7(1A) inserted by Finance Act 1989 (c. 26, SIF 40:2), s. 25(4)

F3 Word substituted by Finance Act 1985 (c. 54, SIF 40:2), s. 23, Sch. 7 para. 2

F4 Sch. 7 para. 7(5) substituted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119(1), Sch. 6 para. 41(a)

F5 Words substituted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119(1), Sch. 6 para. 41(b)

F6 Sch. 7 para. 7(7)(8) repealed by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119(1), Sch. 7 Pt. III

Marginal Citations

M1 1968 c. 64 (47)

M2 1968 c. 70 (47)

M3 1971 c. 36 (N.I.)