(1)Subject to [F1subsections (2) and (2A)] below, any power of the Treasury or the Board to make any order or regulations under this Act or any other enactment relating to the taxation of chargeable gains passed after this Act shall be exercisable by statutory instrument.
(2)Subsection (1) above shall not apply in relation to any power conferred by section 288(6).
[F2(2A)Subsection (1) above shall not apply in relation to any power conferred by TIOPA 2010 (see instead section 372 of that Act).]
(3)Subject to subsection (4) below and to any other provision to the contrary, any statutory instrument to which subsection (1) above applies shall be subject to annulment in pursuance of a resolution of the House of Commons.
(4)Subsection (3) above shall not apply in relation to an order or regulations made under section 3(4) or 265 or paragraph 1 of Schedule 9, or—
(a)if any other Parliamentary procedure is expressly provided; or
[F3(b)if the order or regulations provide for any provision of an enactment relating to the taxation of chargeable gains to come into force or have effect in accordance with the order or regulations.]
Textual Amendments
F1Words in s. 287(1) substituted (18.3.2010) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(2)(c), Sch. 8 para. 318(2) (with Sch. 9 paras. 1-9, 22)
F2S. 287(2A) inserted (18.3.2010) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(2)(c), Sch. 8 para. 318(3) (with Sch. 9 paras. 1-9, 22)
F3S. 287(4)(b) substituted (with effect in accordance with s. 125(4) of the amending Act) by Finance Act 2015 (c. 11), s. 125(1)
Modifications etc. (not altering text)
C1S. 287(3) excluded (21.7.2009) by Finance Act 2009 (c. 10), Sch. 22 para. 14(2)