Finance Act 1996

42 Amount of tax. U.K.

(1) The amount of tax charged on a taxable disposal shall be found by taking—

(a) [F1 £102.10] [F2 for each whole tonne disposed of and a proportionately reduced sum for any additional part of a tonne,] or

(b) a proportionately reduced sum if less than a tonne is disposed of.

(2) [F3 Where—

(a) the] material disposed of consists entirely of qualifying material [F4 or qualifying] [F5 fines, and

(b) the disposal is made at a landfill site,

this section] applies as if the [F6 reference to [F7 £102.10] were to [F8 £3.25].]

(3) Qualifying material is material for the time being listed for the purposes of this section in an order.

[F9 (3A) Qualifying fines are a mixture of—

(a) fines that consist of such qualifying material as is prescribed by order, and

(b) fines that consist of material that is not qualifying material,

that satisfies all the requirements prescribed in an order.

(3B) An order under subsection (3A) relating to the mixture of fines may require, in particular—

(a) that fines that consist of material that is not qualifying material do not exceed a prescribed proportion;

(b) that the mixture of fines does not include prescribed materials or prescribed descriptions of materials;

(c) that the mixture of fines is such that, if subjected to a prescribed test, it would give a prescribed result;

(d) that the mixture of fines originates, or does not originate, in a prescribed way.]

[F10 (4) The Treasury must—

(a) set criteria to be considered in determining from time to time what material is to be listed [F11 or what fines are to be qualifying fines],

(b) keep those criteria under review, and

(c) revise them whenever they consider they should be revised.

(5) The Commissioners must publish the criteria (and any revised criteria) set by the Treasury.

(6) In determining from time to time what material is to be listed, [F12 or what fines are to be qualifying fines,] the Treasury must have regard to—

(a) the criteria (or revised criteria) published under subsection (5), and

(b) any other factors they consider relevant.]

Textual Amendments

F1 Sum in s. 42(1)(a) substituted (1.4.2023 in relation to disposals made (or treated as made) on or after that date) by Finance (No. 2) Act 2023 (c. 30), s. 327(2)(4)

F2 Words in s. 42(1)(a) substituted (with effect in accordance with s. 64(4) of the amending Act) by Finance Act 2015 (c. 11), s. 64(2)

F3 Words in s. 42(2) substituted (with effect in accordance with s. 42(2), Sch. 12 para. 29(1) of the amending Act) by Finance Act 2018 (c. 3), Sch. 12 para. 10(a)

F4 Words in s. 42(2) inserted (with effect in accordance with Sch. 15 para. 8 of the amending Act) by Finance Act 2015 (c. 11), Sch. 15 para. 2(2)

F5 Words in s. 42(2) substituted (with effect in accordance with s. 42(2), Sch. 12 para. 29(1) of the amending Act) by Finance Act 2018 (c. 3), Sch. 12 para. 10(b)

F6 Words in s. 42(2) substituted (with effect in accordance with s. 64(4) of the amending Act) by Finance Act 2015 (c. 11), s. 64(3)

F7 Sum in s. 42(2) substituted (1.4.2023 in relation to disposals made (or treated as made) on or after that date) by Finance (No. 2) Act 2023 (c. 30), s. 327(3)(a)(4)

F8 Sum in s. 42(2) substituted (1.4.2023 in relation to disposals made (or treated as made) on or after that date) by Finance (No. 2) Act 2023 (c. 30), s. 327(3)(b)(4)

F9 S. 42(3A)(3B) inserted (with effect in accordance with Sch. 15 para. 8 of the amending Act) by Finance Act 2015 (c. 11), Sch. 15 para. 2(3)

F10 S. 42(4)-(6) substituted for s. 42(4) (with effect in accordance with s. 24(2) of the amending Act) by Finance (No. 3) Act 2010 (c. 33), s. 24(1)

F11 Words in s. 42(4)(a) inserted (with effect in accordance with Sch. 15 para. 8 of the amending Act) by Finance Act 2015 (c. 11), Sch. 15 para. 2(4)

F12 Words in s. 42(6) inserted (with effect in accordance with Sch. 15 para. 8 of the amending Act) by Finance Act 2015 (c. 11), Sch. 15 para. 2(5)