Finance Act 1985

Other provisions U.K.

5 Blending of certain wines to constitute production of wine. U.K.

(1) In section 54 of the M1 Alcoholic Liquor Duties Act 1979 (charge of excise duty on wine) at the end of subsection (3) there shall be inserted the following subsections:—

“(3A) For the purposes of this Act, the process of blending or otherwise mixing two or more wines (in this subsection referred to as “the constituent wines”) constitutes the production of wine if—

(a) the rate of duty applicable to one of the constituent wines is different from that applicable to the other or, as the case may be, at least one of the others; and

(b) the rate of duty applicable to the wine which is the product of the blending or other mixing is higher than that which is applicable to at least one of the constituent wines; and

(c) the blending or other mixing is with a view to dealing wholesale in the wine is the product thereof;

and for the purposes of this subsection the rate of duty applicable to any wine is that which is or would be chargeable under subsection (1) above on its importation into the United Kindgom or, as the case may be, on its production as mentioned in paragraph (b) of that subsection.

(3B) Where, by virtue of subsection (3A) above, wine is produced in the United Kingdom, duty shall be chargeable on that wine by virtue of paragraph (b) of subsection (1) above whether or not duty was previously charged on all or any of the constituent wines by virtue of paragraph (a) or paragraph (b) of that subsection; but nothing in this subsection shall affect the operation of any regulations under section 56 below giving relief from duty on wine so produced by reference to duty charged on all or any of the constituent wines.”

(2) Subsection (1) above has effect in relation to the blending or otherwise mixing of wines on or after 26th March 1985.

Marginal Citations

M1 1979 c. 4.

6 Miscellaneous amendments relating to spirits and beer. U.K.

(1) The M2 Alcoholic Liquor Duties Act 1979 shall have effect subject to the amendments in Schedule 3 to this Act (being amendments relating to spirits and beer).

(2) Paragraphs 3 and 4 of Schedule 3 to this Act shall come into operation on such day as the Commissioners of Customs and Excise may by order made by statutory instrument appoint; and a different day may be so appointed for each of those paragraphs.

Subordinate Legislation Made

P1 Power of appointment conferred by s. 6(2) fully exercised: 29.10.1985 appointed by S.I. 1985/1622, art. 2

Marginal Citations

M2 1979 c. 4.

7 Hydrocarbon oil: mixing etc. U.K.

(1) Schedule 4 to this Act (which contains provisions about mixing hydrocarbon oil etc.) shall have effect.

(2) That Schedule shall come into operation on such day as the Commissioners of Customs and Excise may by order made by statutory instrument appoint.

Subordinate Legislation Made

P2 Power of appointment conferred by s. 7(2) fully exercised: 15.10.1985 appointed by S.I. 1985/1451, art. 2

8 Gaming machine licence duty. U.K.

(1) The M3 Betting and Gaming Duties Act 1981 (in this section referred to as “the 1981 Act”) shall have effect subject to the amendments in Part I of Schedule 5 to this Act, being amendments designed—

(a) enable the type of gaming machine licence which may be granted and the amount of duty payable thereon to be determined by reference to the value of the maximum prize obtainable by a successful player of the machine; and

(b) to extend to Northern Ireland the provisions of the 1981 Act relating to gaming machine licence duty.

(2) Part II of Schedule 5 to this Act shall have effect for the purpose of extending to Northern Ireland certain subordinate legislation made under the 1981 Act.

(3) Nothing in Schedule 5 to this Act has effect with respect to licences granted or to be granted for any period beginning before 1st October 1985.

(4) In consequence of the extension to Northern Ireland referred to in subsection (1)(b) above, no gaming machine licence shall be issued under Part V of the M4 Miscellaneous Transferred Excise Duties Act (Northern Ireland) 1972 in respect of any period beginning on or after 1st October 1985.

Marginal Citations

M3 1981 c. 63

M4 1972 c. 11 (N.I.).

9 Vehicles excise duty: fees. U.K.

(1) In section 13 of the M5 Vehicles (Excise) Act 1971 (temporary licences) the following subsection shall be inserted after subsection (2)––

“(2A) Where an application for a vehicle licence is made to a body authorised by the Secretary of State to act as his agent for the purpose of issuing licences, then, before the body issues a licence under subsection (1)(a) above, it may require the applicant to pay to it in connection with the issue a fee of £2 or such other sum as may be prescribed.”

(2) In section 37(2) of that Act (cases where fees may be prescribed without Treasury approval) after “made by” there shall be inserted “section 13(2A) or”.

Marginal Citations

M5 1971 c. 10.

10 Computer records etc. U.K.

(1) Any provision made by or under any enactment which requires a person, in connection with any assigned matter,—

(a) to produce, furnish or deliver any document, or cause any document to be produced, furnished or delivered, or

(b) to permit the Commissioners of Customs and Excise (in this section referred to as “the Commissioners”) or a person authorised by them—

(i) to inspect any document, or

(ii) to make or take extracts from or copies of or remove any document,

shall have effect as if any reference in that provision to a document were a reference to a document within the meaning of Part I of the M6 Civil Evidence Act 1968; and, accordingly, any reference in such a provision to a copy of a document shall be construed in accordance with section 10(2) of that Act.

(2) In connection with any assigned matter, a person authorised by the Commissioners to exercise the powers conferred by this subsection—

(a) shall be entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with any document to which this subsection applies; and

(b) may require—

(i) the person by whom or on whose behalf the computer is or has been so used, or

(ii) any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,

to afford him such reasonable assistance as he may require for the purposes of paragraph (a) above.

(3) Subsection (2) above applies to any document, within the meaning of Part I of the M7 Civil Evidence Act 1968, which, in connection with any assigned matter, a person is or may be required by or under any enactment—

(a) to produce, furnish or deliver, or cause to be produced, furnished or delivered; or

(b) to permit the Commissioners or a person authorised by them to inspect, make or take extracts from or copies of or remove.

(4) Any person who—

(a) obstructs a person authorised under subsection (2) above in the exercise of his powers under paragraph (a) of that subsection, or

(b) without reasonable excuse fails to comply within a reasonable time with a requirement under paragraph (b) of that subsection,

shall be liable on summary conviction to a penalty of level 4 on the standard scale (as defined in section 75 of the M8 Criminal Justice Act 1982).

(5) In each of the enactments mentioned in subsection (6) below (which create offences in relation, among other matters, to false documents) “document” shall have the same meaning as in Part I of the Civil Evidence Act 1968.

(6) The enactments referred to in subsection (5) above are—

(a) paragraph 4(1) of Schedule 1 to the M9 Miscellaneous Transferred Excise Duties Act (Northern Ireland) 1972 (false statements and documents in connection with pool betting duty);

(b) paragraph 8(1) of Schedule 2 to that Act (false statements and documents in connection with general betting duty);

(c) section 167 of the M10 Customs and Excise Management Act 1979 (untrue declarations etc.);

(d) section 168 of that Act (counterfeit documents etc.);

(e) section 15 of the M11 Customs and Excise Duties (General Reliefs) Act 1979 (false statements and documents in connection with reliefs);

(f) paragraph 13(3) of Schedule 1 to the M12 Betting and Gaming Duties Act 1981 (false statements and documents in connection with betting duty);

(g) paragraph 7(3) of Schedule 2 to that Act (false statements and documents in connection with gaming licence duty);

(h) paragraph 8(2) of Schedule 1 to the M13 Car Tax Act 1983 (false documents etc.).

(7) In the application of this section to Scotland and Northern Ireland, references in this section to Part I of the M14 Civil Evidence Act 1968 and section 10(2) of that Act shall be construed—

(a) in the case of Scotland, as references to Part III of the M15 Law Reform (Miscellaneous Provisions) (Scotland) Act 1968 and section 17(4) of that Act respectively, and

(b) in the case of Northern Ireland, as references to Part I of the M16 Civil Evidence Act (Northern Ireland) 1971 and section 6(2) of that Act respectively.

(8) In this section “assigned matter” means any matter which is an assigned matter for the purposes of the M17 Customs and Excise Management Act 1979.

Marginal Citations

M6 1968 c.64.

M7 1968 c.64.

M8 1982 c.48.

M9 1972 c. 11 (N.I.)

M10 1979 c. 2.

M11 1979 c. 3.

M12 1981 c. 63.

M13 1983 c. 53.

M14 1968 c. 64

M15 1968 c. 70.

M16 1971 c. 36 (N.I.)

M17 1979 c. 2