Scotland Act 2012

Finance Act 2003 U.K.

2 U.K. The Finance Act 2003 is amended as follows.

3 U.K. Omit section 44(9A)(b) (application of provisions relating to missives of let etc).

4 U.K. In section 48 (chargeable interests)—

(a) in subsection (2)(c) omit “in England and Wales or Northern Ireland”;

(b) omit subsection (4);

(c) in subsection (5) for “the United Kingdom” substitute “ England and Wales or Northern Ireland ”.

5 U.K. In section 55(5) (additional provisions determining amount of tax chargeable)—

(a) omit the reference to section 75 and the word “and” preceding it;

(b) for “provide” substitute “ provides ”.

6 U.K. In section 57AA (first-time buyers)—

(a) in subsection (2)(b) after “under the law of” insert “ Scotland or ”;

(b) in subsection (2)(c) omit “72, 72A”.

7 U.K. In section 60 (compulsory purchase facilitating development)—

(a) in subsection (2)(a), omit “or Scotland”;

(b) omit subsection (5)(b).

8 (1) Section 61 (compliance with planning obligations) is amended as follows. U.K.

(2) Omit subsection (2)(b) (definition of planning obligation in Scotland).

(3) In subsection (3) (public authorities)—

(a) under the heading “Government”, omit the entry “The Scottish Ministers”;

(b) omit the heading “Local Government: Scotland” and the entry under that heading;

(c) omit the heading “Health: Scotland” and the entries under that heading;

(d) under the heading “Other planning authorities” omit paragraph (b) and the word “or” preceding it.

9 U.K. Omit section 71A(10) (disapplication of section to Scotland).

10 U.K. Omit sections 72 and 72A (alternative property finance in Scotland).

11 U.K. In section 73 (alternative property finance: land sold and re-sold)—

(a) in subsection (2)(b) omit “, 72(1) or 72A(1)”;

(b) omit subsection (5)(b)(ii).

12 (1) In section 73AB (arrangements to transfer control of financial institution)— U.K.

(a) in subsection (1) omit “, 72 or 72A”;

(b) in subsection (3), in the definition of “alternative finance arrangements” omit “, 72(1) or 72A(1)”.

(2) In the heading to that section, for “Sections 71A to 72A” substitute “ Section 71A ”.

13 (1) Section 73B (exempt interests) is amended as follows. U.K.

(2) In subsection (1) omit “, 72(1)(a) or 72A(1)(a)”.

(3) In subsection (2)—

(a) in paragraph (a) omit “, 72(1)(b) or 72A(1)(b)”;

(b) in paragraph (b) omit “, 72(1)(c) or 72A(1)(c)”.

(4) In subsection (4)(b) omit “, 72(4) or 72A(4)”.

14 U.K. In section 73CA (application of sections 71A to 73 to first-time buyers), in subsection (1) omit “, 72, 72A”.

15 U.K. Omit section 75 (crofting community right to buy).

16 U.K. In section 75C (anti-avoidance: supplemental), in subsection (4) for “, 74 and 75” substitute “ and 74 ”.

17 U.K. In section 77 (notifiable transactions), in subsection (2)(a) omit “and 72A(7)”.

18 U.K. In section 79 (registration of land transactions etc)—

(a) omit subsection (1)(b) (registration in Scotland);

(b) in subsection (2)(c) omit “or 19(3)”;

(c) in subsection (6) omit “(in Scotland, the Keeper of the Registers of Scotland)”.

19 U.K. In section 108 (linked transactions) after subsection (1) insert—

“(1A) A transaction is not a linked transaction if the land to which it relates is in Scotland.”

20 U.K. Omit section 117(3) (meaning of “major interest” in land in Scotland).

21 U.K. In section 119(2) (provisions as to effective date of transaction), omit the reference to paragraph 19(3) of Schedule 17A.

22 U.K. In section 121 (minor definitions) omit—

(a) the definition of “assignment”;

(b) the definition of “completion”;

(c) paragraph (b) of the definition of “jointly entitled”;

(d) the definition of “standard security”;

(e) the definition of “surrender”.

23 U.K. In section 122 (index of defined expressions) omit the entries relating to—

(a) assignment (in Scotland);

(b) completion (in Scotland);

(c) standard security;

(d) surrender (in Scotland).

24 (1) Schedule 4 (chargeable consideration) is amended as follows. U.K.

(2) In paragraph 8(1C), omit “in England and Wales and Northern Ireland”.

(3) Omit paragraph 10(2A)(c) (application of provisions relating to missives of let etc).

(4) Omit paragraph 17(5) (arrangements involving public or educational bodies).

25 (1) Schedule 10 (returns, etc) is amended as follows. U.K.

(2) In paragraph 7(1A) (correction of return by certain persons) omit paragraph (b).

(3) In paragraph 45(2) (definition of “relevant tribunal”) omit paragraph (b).

26 (1) Schedule 15 (partnerships) is amended as follows. U.K.

(2) In paragraph 12(2) omit “(or, in Scotland, as joint owners)” and “(or, in Scotland, as owners in common)”.

(3) In paragraph 20(2) omit “(or, in Scotland, as joint owners)” and “(or, in Scotland, as owners in common)”.

27 (1) Schedule 17A (further provision relating to leases) is amended as follows. U.K.

(2) In paragraph 1 (meaning of “lease”) for “In the application of this Part to England and Wales or Northern Ireland” substitute “ In this Part ”.

(3) In paragraph 4 (leases for indefinite term), in sub-paragraph (5)(b) omit “in England and Wales or Northern Ireland”.

(4) In paragraph 7 (variable or uncertain rent), omit sub-paragraph (4A)(c) and (d).

(5) In paragraph 10 (tenants' obligations etc that do not count as chargeable consideration), in sub-paragraph (1)(a) omit “(in Scotland, the leased premises)”.

(6) In paragraph 12A(1) (agreement for lease) omit “in England and Wales or Northern Ireland”.

(7) In paragraph 12B(1) (assignment of agreement for lease) omit “in England and Wales or Northern Ireland”.

(8) In paragraph 13 (increase of rent treated as grant of new lease: variation of lease in first five years), in sub-paragraph (2)(b) for “any of paragraphs (a) to (d)” substitute “ paragraph (a) or (b) ”.

(9) In paragraph 14 (increase of rent treated as grant of new lease: abnormal increase after fifth year), in sub-paragraph (7)(b) omit “or 19(3)”.

(10) Omit paragraph 19 (provisions relating to leases in Scotland).