Finance Act 1970

1970 c. 24

An Act to grant certain duties, to alter other duties, and to amend the law relating to the National Debt and the Public Revenue, and to make further provision in connection with Finance.

Annotations:
Commencement Information
I1

Act partly in force at Royal Assent see individual sections. All provisions so far as unrepealed wholly in force at 1.2.1991.

Editorial Information
X1

General amendments to Tax Acts, Income Tax Acts, and/or Corporation Tax Acts made by legislation after 1.2.1991 are noted against Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1) but not against each Act

Extent Information
E1

For the extent of this Act see s. 36(7)

Modifications etc. (not altering text)
C1

Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3

C2

General amendments etc. to Tax Acts (or Income Tax Acts or Corporation Tax Acts as the case may be) made by Taxes Management Act 1970 (c. 9, SIF 63:1), s. 41A(7) (as added by Finance Act 1990 (c. 29, SIF 63:1), s. 95(1)(2), British Telecommunications Act 1981 (c. 38, SIF 96), s. 82(2)(7); Telecommunications Act 1984 (c. 12, SIF 96), s. 72(3); Finance Act 1984 (c. 43, SIF 63:1), ss. 82(6), 85(2), 89(1)(7), 96(1)(7), 98(7), Sch. 9 para. 3(2)(9), Sch. 16 paras. 6, 12 and Finance Act 1985 (c. 54, SIF 63:1), ss. 72(1), 74(5), Sch. 23 para. 15(4), S.I. 1987/530, regs. 11(2), 13(1), 14, Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), ss. 4, 6, 7, 9, 32, 34, 78, 134, 135, 141, 142, 185, 191, 193, 194, 195, 200, 203, 209, 212, 213, 219, 247, 253, 272, 287, 314, 315, 317, 318, 325, 326, 327, 345, 350, 351, 368, 375, 381, 397, 414, 432, 440, 442, 446, 458, 460, 461, 463, 463(2)(3) (as added by Finance Act 1990 (c. 29, SIF 63:1), s. 50(2) ), 468, 474, 475, 486, 490, 491, 503, 511, 518, 524, 532, 544, 550, 556, 558, 569, 572, 582, 595, 601, 613, 617, 619, 621, 639, 656, 660, 663, 676, 689, 691, 694, 700, 701, 714, 716, 739, 743, 754, 763, 776, 780, 781, 782, 787, 789, 811, 828, 829, 832, 833, 834, 835, 837, 838, 839, 840, 841, 842, Sch. 2 para. 5, Sch. 4 para. 5, Sch. 13 para. 10, Sch. 16 para. 10, Sch. 21 para. 6, Sch. 26 para. 1, Sch. 27 para. 20, Finance Act 1988 (c. 39, SIF 63:1), ss. 66, 127(1)(6), Sch. 12 para. 6, Capital Allowances Act 1990 (c. 1, SIF 63:1), ss. 28(1), 68(8), 74, 82, 83(5), 148(5), 163(4), 164(2), S.I. 1990/627 and Finance Act 1990 (c. 29, SIF 63:1), s. 25(10)

C3

Act amended (retrospectively) by Finance Act 1991 (c. 31, SIF 63:1), s. 36(4)(a)(b)

Part I Customs and Excise

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

2 Gaming licence duty.

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

9

Part II of Schedule 1 to this Act shall have effect for supplementing the provisions of this section (in that Schedule called “the principal section").

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

6

F911

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

2

Angostura bitters shall be deemed not to be spirits for the purposes of—

a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

b

F7the Licensing (Scotland) Act 1976F90... and any other enactment (whether passed before or after the commencement of this Act) in which “spirits” has the same meaning as in F89that Act;

and accordingly angostura bitters shall be treated as a non-intoxicating drink for the purposes of the enactments specified in paragraph (b) above.

7

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

Part II Income Tax and Corporation Tax

Chapter I General

11–14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

18 Miscellaneous amendments of income tax and corporation tax law.

Schedule 4 to this Act (which contains amendments of the Taxes Act and of the Capital Allowances Act 1968) shall have effect.

Chapter II

19–26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

PART III MISCELLANEOUS

Capital gains

F1827. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1928. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

F213

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

F215

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F216

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F217

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

F219

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23

Stamp duties

F2432. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2533Composition by stock exchanges in respect of transfer duty

1

The Commissioners may enter into an agreement with, or with persons acting on behalf of, any F26recognised investment exchange or recognised clearing house for the composition, in accordance with the provisions of this section, of the stamp duty chargeable under or by reference to F27Part I or paragraph 16 of Schedule 13 to the Finance Act 1999 (conveyance or transfer on sale or otherwise)F28 on such instruments as may be specified in the agreement, F29. . . F30. . . .

2

An agreement under this section shall provide—

a

for every instrument to which the agreement relates to bear on its face an indication of the amount of stamp duty chargeable thereon,

b

for the issue in respect of every such instrument, by or on behalf of the F31recognised investment exchange or recognised clearing house, of a certificate (which may relate to more than one such instrument) to the effect that stamp duty to the amount so indicated has been, or will be, accounted for to the Commissioners,

c

for the delivery to the Commissioners, by or on behalf of the F32recognised investment exchange or recognised clearing house, of periodical accounts in respect of instruments to which the agreement relates, giving such particulars with respect thereto as may be specified in the agreement, and

d

for the payment to the Commissioners, by or on behalf of the F33recognised investment exchange or recognised clearing house and on the delivery of any such account, of the aggregate amount of the stamp duty chargeable as mentioned in subsection(1) above on instruments to which the agreement relates during the period to which the account relates ;

and any such agreement may contain such other terms and conditions as the Commissioners think proper.

3

For the purposes of any agreement under this section, the form of brokers transfer provided for by section 1(2) of the Stock Transfer Act 1963 F34 may be used in connection with any transaction notwithstanding that the particulars referred to in that provision could be inserted in the stock transfer there referred to.

4

An instrument to which an agreement under this section relates and in respect of which a certificate to the effect mentioned in subsection (2)(b) above has been issued by or on behalf of the F35recognised investment exchange or recognised clearing house in question shall be treated for the purposes of the Stamp Act 1891 F36 as stamped with the amount of duty indicated on the face of the instrument.

5

A F37recognised investment exchange or recognised clearing house or person making default in delivering any account required by an agreement under this section, or in paying any amount in accordance with such an agreement, shall be liable to a fine not exceeding £50 for any day during which the default continues; and, in addition, every amount payable under such an agreement shall bear interest at the rate of 5 per cent, per annum, recoverable by Her Majesty, from the due date for delivery of the account by reference to which it is payable until the actual date of payment.

6

Except in so far as the context otherwise requires, any reference to a stamp in section 9 or 10 of the Stamp Duties Management Act 1891 F38 (allowances for spoiled stamps) shall include a reference to any indication of an amount of stamp duty on the face of any instrument to which an agreement under this section relates.

F397

In this section “recognised investment exchange” and “recognised clearing house” have the meanings given by section 285(1) of the Financial Services and Markets Act 2000.

Other provisions

34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40

35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41

36 Citation, interpretation, construction, extent and repeals.

1

This Act may be cited as the Finance Act 1970.

2

In this Act—

a

except where the context otherwise requires, “the Board” means the Commissioners of Inland Revenue,

b

the Taxes Act” means the Income and Corporation Taxes Act 1970,

c

the Management Act” means the Taxes Management Act 1970.

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42

4

Part II of this Act, so far as it relates to income tax, shall be construed as one with the Income Tax Acts and, so far as it relates to corporation tax, shall be construed as one with the Corporation Tax Act.

5

Part III of this Act, so far as it relates to stamp duties, shall be construed as one with the M1Stamp Act 1891.

6

Any reference in this Act to any other enactment shall, except so far as the context otherwise requires, be construed as a reference to that enactment as amended or applied by or under any other enactment, including this Act.

7

Except as otherwise expressly provided such of the provisions of this Act as relate to matters in respect of which the Parliament of Northern Ireland has power to make laws shall not extend to Northern Ireland.

C48

The enactments mentioned in Schedule 8 to this Act (which include enactments which are spent or otherwise unnecessary) are hereby repealed to the extent mentioned in the third column of that Schedule, but subject to any provision in relation thereto made at the end of any Part of that Schedule.

SCHEDULES

SCHEDULE 1 Gaming Licence Duty

Section 2

Part I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43

Annotations:
Amendments (Textual)
F43

Sch. 1 Pts. I, II paras. 1–13, 15, 16(1) repealed by Betting and Gaming Duties Act 1972 (c. 25), Sch. 7

Part II Supplemental

1–13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46

Consequential amendments of Gaming Act 1968

16

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47

C52

In the following provisions of the Gaming Act 1968 (under which failure to pay gaming licence duty under section 13 of the Finance Act 1966 is a ground for refusal to grant, renew or transfer a licence or renew a registration) after “the Finance Act 1966" insert “ or section 2 of or Schedule 1 to the Finance Act 1970" ”.

The said provisions are

  • paragraph 20(1)(e) and paragraph 60(c) of Schedule 2.

  • paragraph 9(e) of Schedule 3.

  • paragraph 11(e) of Schedule 4.

C53

In Schedule 10 to the M2Gaming Act 1968, in paragraphs 3 and 4 (right of constable, without fee, to inspect registers) after “constable" insert “ or officer of customs and excise" ”.

Annotations:
Amendments (Textual)
F47

Sch. 1 Pts. I, II paras. 1–13, 15, 16(1) repealed by Betting and Gaming Duties Act 1972 (c. 25), Sch. 7

Modifications etc. (not altering text)
C5

The text of Sch. 1 Pt. II para. 16(2)(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Marginal Citations

SCHEDULE 2

1–4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F49

F53SCHEDULE 3

Annotations:
Amendments (Textual)
F53

Sch. 3 repealed (6.4.1992 with effect as mentioned in s. 289(1) of 1992 c. 12) by Taxation of Chargeable Gains Act 1992 (c. 12), s. 290, Sch. 12 (with Sch. 11 paras. 22, 26(2), 27)

F501

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2–7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51

F528

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 4 Amendments of Income Tax Acts and Corporation Tax Acts

Section 18.

PART I

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F54

PART II Other Amendments

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F55

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F57

9

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F58

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F58

Inland Revenue procedures: returns and assessments

C610

In section 113 of the Management Act after subsection (1) insert—

1A

Any notice or direction requiring any return to be made under the Taxes Acts to an inspector or other officer of the Board may be issued or given in the name of that officer, or as the case may be in the name of the Board, by any officer of the Board, and so as to require the return to be made to the first-mentioned officer.

1B

Where the Board or an inspector or other officer of the Board have in accordance with section 29 of this Act, or any other provision of the Taxes Acts, decided to make an assessment to tax, and have taken all other decisions needed for arriving at the amount of the assessment, they may entrust to some other officer of the Board responsibility for completing the assessing procedure, whether by means involving the use of a computer or otherwise, including responsibility for serving notice of the assessment on the person liable for tax.

Annotations:
Modifications etc. (not altering text)
C6

Part of the text of Sch. 4 Pt. II para. 10 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60

SCHEDULE 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F61

Annotations:
Amendments (Textual)
F61

Sch. 5 repealed by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), s. 844 and Sch. 31. (See Sch. 30 para. 17 of that Act which preserves the definition of “pension business" in para. 11(3) in certain circumstances.)

F72SCHEDULE 6

Annotations:
Amendments (Textual)
F72

Sch. 6 repealed (6.4.1992 with effect as mentioned in s. 289(1) of 1992 c. 12) by Taxation of Chargeable Gains Act 1992 (c. 12), s. 290, Sch.12 (with Sch. 11 paras. 22, 26(2), 27)

F63Part I

Annotations:
Amendments (Textual)
F63

Sch. 6 repealed (6.4.1992 with effect as mentioned in s. 289(1) of 1992 c. 12) by Taxation of Chargeable Gains Act 1992 (c. 12), s. 290, Sch. 12 (with Sch. 11 paras. 22, 26(2), 27)

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F62

Part IIF71. . .

Annotations:
Amendments (Textual)
F71

Sch. 6 repealed (6.4.1992 with effect as mentioned in s. 289(1) of 1992 c. 12) by the Taxation of Chargeable Gains Act 1992 (c. 12), s. 290, Sch.12 (with Sch. 11 paras. 22, 26(2), 27)

F643

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F654

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F665

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F676

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F687

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F698

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F709

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F73SCHEDULE 7

Annotations:
Amendments (Textual)
F73

Sch. 7 repealed (27.7.1999 with effect as mentioned in Sch. 20 Pt. V(2) Notes 1, 2 of the amending Act) by 1999 c. 16, s. 139, Sch. 20 Pt. V(2)

Part I Abolition of Certain Duties

Duties abolished as from 1st August 1970

1

1

This paragraph has effect as from 1st August 1970.

2

The following stamp duties are hereby abolished—

a

the duty of 6d. specified in Schedule 1 to the M3Stamp Act 1891 under the heading beginning “Agreement or any Memorandum of an Agreement" (the provisions consequential on this abolition being those contained in sub-paragraph (3) below);

b

the duty of 6d. specified in that Schedule under the heading “Policy of Insurance other than Life Insurance" inserted by section 30(1) of the M4Finance Act 1959 (and so that a policy of insurance other than life insurance shall be exempt from all stamp duties);

c

the duty of £10 or £6 imposed on a certificate of registration for an alkali or other works by section 9(6) of the M5Alkali, &c. Works Regulation Act 1906 as amended by section 47 of the M6Finance Act 1922; and

d

the duty of 10s. imposed on the memorandum and on the articles of association of a company by virtue of section 3 and section 9(c) respectively of the M7Companies Act 1948 (which provide that each of those documents is to be stamped as if it were a deed).

3

In consequence of sub-paragraph (2)(a) above—

a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F74

C8b

in section 59 of that Act (certain contracts for sale to be chargeable ad valorem as conveyances)—

i

in subsection (2) (sub-contracts under which the consideration does not exceed that for the original sale to be charged only as deeds or agreements), for “and in any other case with the fixed duty of ten shillings or of sixpence, as the case may require" substitute “but shall not otherwise be chargeable except where appropriate with the fixed duty of 10s.", and

ii

in subsection (5) (stamping of conveyances made in conformity with contracts not stamped ad valorem but stamped with the fixed duty of 10s. or 6d.), for the words from the beginning to “the said fixed duty" substitute “Provided that where any such contract or agreement is stamped with the fixed duty of 10s. or would, apart from this section, not be chargeable with any duty", . . . F75

c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F76

Duties abolished as from 1st February 1971

2

1

This paragraph has effect as from 1st February 1971.

2

The following stamp duties are hereby abolished—

a

the duty of 2d. specified in Schedule 1 to the M8Stamp Act 1891 under the heading beginning “Bill of Exchange or Promissory Note" inserted by section 33(1) of the M9Finance Act 1961; and

b

the duty of 2d. specified in that Schedule under the heading beginning “Receipt".

3

No application for relief in respect of the duty referred to in sub-paragraph (2)(a) above may be made under any of sections 9 to 12 of the M10Stamp Duties Management Act 1891 (spoiled, misused and unwanted stamps); and no repayment shall be made under any agreement entered into under section 39 of the M11Finance Act 1956 (composition for the said duty by bankers) in respect of any form supplied by a banker to a customer and returned to the banker unused or spoiled on or after the said 1st February.

Part II General Amendments

3

This Part of this Schedule, except paragraph 5, has effect as from 1st August 1970.

4F77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5F78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6F79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Bond, covenant, etc.

C97

1

The heading beginning “Bond, Covenant" in Schedule 1 to the Stamp Act 1891 shall be amended as follows.

2

In paragraph (1) (only or principal security for annuity or other periodic payment; duty of 2s. 6d. for every £5 or part if for an indefinite period), for the reference to 2s. 6d. substitute a reference to 2s.

3

In paragraph (2) (collateral etc. security for annuity or other periodic payment; duty of 6d. for every £5 or part if total amount payable cannot be ascertained), for the reference to 6d. substitute a reference to 1s., and for each reference to £5 substitute a reference to £10.

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F80

Annotations:
Modifications etc. (not altering text)
C9

The text of Sch. 7 paras. 1(3)(b), 7, 12, 13(1), 14, 16(1)–(3)(5) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

8F81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9F82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conveyance or transfer on sale

10F83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C1012

Section 59(4) of the M12Stamp Act 1891 (contract for sale not stamped ad valorem but stamped with fixed duty of 10s. or 6d. to be treated as duly stamped for certain purposes) shall cease to have effect.

Annotations:
Modifications etc. (not altering text)
C10

The text of Sch. 7 paras. 1(3)(b), 7, 12, 13(1), 14, 16(1)–(3)(5) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Marginal Citations

13

C111

Section 114 of the Stamp Act 1891 (composition for stamp duty on transfers of colonial etc. stock) shall cease to have effect, but transfers of any stock in respect of which payments have been made under that section shall continue to be exempt from stamp duty.

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F84

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)
C11

The text of Sch. 7 paras. 1(3)(b), 7, 12, 13(1), 14, 16(1)–(3)(5) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Lease or tack

C1214

In section 75(2) of the Stamp Act 1891 (duty of 6d. on lease or tack if preceded by an agreement duly stamped as an actual lease or tack), for “sixpence" substitute “1s.".

Annotations:
Modifications etc. (not altering text)
C12

The text of Sch. 7 paras. 1(3)(b), 7, 12, 13(1), 14, 16(1)–(3)(5) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

15F85. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mortgages etc.

16

C131

The heading beginning “Mortgage, Bond, Debenture, Covenant" in Schedule 1 to the M13Stamp Act 1891 shall be amended in accordance with sub-paragraphs (2) and (3) below.

C132

In paragraph (1) of that heading (only, or principal or primary, security), for the words from “Not exceeding £10" to the end substitute—

Not exceeding £300

1s. for every £50 or part of £50 of the amount secured.

Exceeding £300

2s. for every £100 or part of £100 of the amount secured

C133

In paragraphs (2), (4) and (5) of that heading (collateral etc. securities, transfers etc. and re-conveyances etc.: duty of 6d. for every £100 or part), for each reference to 6d. substitute a reference to 1s., and for each reference to £100 substitute a reference to £200.

4

The duty chargeable under paragraph (4) of the said heading on the transfer, assignment, disposition or assignation to any person of, or of the money or stock secured by, any collateral, auxiliary, additional or substituted security (including any instrument by way of further assurance) shall not exceed F8650p if a transfer, assignment, disposition or assignation to the same person of (or, as the case may be, of the money or stock secured by) the principal or primary security has been duly stamped with the duty chargeable under that paragraph.

C135

Paragraph (5) of the said heading shall also be amended by inserting, after “Renunciation", the words “in whole or in part" ; and the duty chargeable under that paragraph shall not in any case exceed 10s.

Annotations:
Amendments (Textual)
F86

Words substituted by virtue of Decimal Currency Act 1969 (c. 19), s. 10(1)

Modifications etc. (not altering text)
C13

The text of Sch. 7 paras. 1(3)(b), 7, 12, 13(1), 14, 16(1)–(3)(5) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Marginal Citations

17F87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III Special Provisions Connected with the New Currency

18F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Late stamping etc.

19

1

Where immediately before 15th February 1971 any instrument chargeable with stamp duty is either not stamped or overstamped or insufficiently stamped, the amount of duty then chargeable, or properly chargeable, on the instrument, or, in the case of an insufficiently stamped instrument, the amount of additional duty then chargeable thereon, shall thereafter become, for all the purposes of the enactments relating to stamp duties—

a

the equivalent of that amount in the new currency, reduced where that equivalent is not a multiple of 5p. to the nearest such multiple, or

b

5p. if the said equivalent is less than 10p.

2

In sub-paragraph (1) above, “the new currency” means the new currency of the United Kingdom provided for by the M14Decimal Currency Act 1967.

C7SCHEDULE 8 Repeals

Section 36(8)

Annotations:
Modifications etc. (not altering text)
C7

The text of Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Part I Gaming Licence Duty

Chapter

Short Title

Extent of Repeal

1966 c. 18.

The Finance Act 1966.

Section 13.

In section 15, in subsections (4) and (6) as amended by section 5(16) of the Finance Act 1969 the words “and 13" and in subsection (6) the definitions of “gaming", “hereditament", and all other definitions from that of “premises" onwards.

In Schedule 3, Part II, and in paragraph 18(1) the words “or the duty on gaming licenses", in paragraph 19(c) the word “14", paragraph 19(d) and paragraph 21.

1968 c. 65.

The Gaming Act 1968.

In Part III of Schedule 11 the amendments of section 13(4) of the Finance Act 1966 and in the amendment of section 15(6) of that Act the words from “the definitions of “gaming"" to the end.

1969 c. 32.

The Finance Act 1969.

Section 4.

In section 5(16) the words “and 13".

Schedule 10.

The repeals in this Part of this Schedule do not apply as respects any gaming before 1st October 1970.

Part II Other Customs and Excise Repeals

Chapter

Short Title

Extent of Repeal

10 & 11 Eliz. 2. c. 13.

The Vehicles (Excise) Act 1962.

Section 9(3).

1966 c. 18.

The Finance Act 1966.

Section 12(2)(b) as respects bets made on or after 27th April 1970.

1968 c. 44.

The Finance Act 1968.

Section 4(1) as respects bets made on or after 27th April 1970.

1969 c. 27.

The Vehicle and Driving Licences Act 1969.

In section 8(3), the words from “and in making" to “disregarded".

1969 c. 32.

The Finance Act 1969.

Section 1(1)(b).

Section 2 and Schedule 8 except as respects any period before 27th April 1970.

The repeals in the Vehicles (Excise) Act 1962 and the Vehicle and Driving Licences Act 1969 have effect as from 15th February 1971.

Part III Occupational Pension Schemes

Chapter

Short Title

Extent of Repeal

1965 c. 11.

The Ministerial Salaries and Members’ Pensions Act 1965.

Section 13(1)(a).

1970 c. 10.

The Income and Corporation Taxes Act 1970.

Section 208 from the date appointed under section 21 of this Act.

Section 209 from the coming into force of section 22 of this Act.

Chapter II of Part IX from the coming into force of section 23 of this Act.

Act of the Parliament of Northern Ireland

1965 c. 18.

The Ministerial Salaries and Members’ Pensions Act (Northern Ireland) 1965.

Section 12(1)(a).

Part IV Stamp Duty Repeals having effect from 1st August 1970

Chapter

Short Title

Extent of Repeal

54 & 55 Vict. c. 39.

The Stamp Act 1891.

Sections 22, 59(4), 99, 114 and 116.

In Schedule 1, the heading beginning “Agreement or any Memorandum" (including the word “Exemptions" and all that follows); the heading “Contract"; in the heading “Defeazance", the words “Agreement, and"; in the heading beginning “Mortgage of Stock". the words “Agreement, and"; and the heading “Policy of Insurance other than Life Insurance".

In Schedule 2, the Second Part.

57 & 58 Vict. c. 30.

The Finance Act 1894.

Section 39.

61 & 62 Vict. c. 10.

The Finance Act 1898.

Section 5.

6 Edw. 7. c. 14.

The Alkali, &c. Works Regulation Act 1906.

Section 9(6).

9 Edw. 7. c. 34.

The Electric Lighting Act 1909.

In section 19, the words from “and also" to the end.

10 & 11 Geo. 5. c. 18.

The Finance Act 1920.

Section 37(1).

12 & 13 Geo. 5. c. 17.

The Finance Act 1922.

Sections 46 and 47.

18 & 19 Geo. 5. c. 17.

The Finance Act 1928.

Section 32.

2 & 3 Geo. 6. c. 41.

The Finance Act 1939.

Section 37(4).

10 & 11 Geo. 6. c. 35.

The Finance Act 1947.

Section 52.

11 & 12 Geo. 6. c. 38.

The Companies Act 1948.

In section 3, the words “must bear the same stamp as if it were a deed, and"; and section 9(c).

12 & 13 Geo. 6. c. 47.

The Finance Act 1949.

In Part I of Schedule 8, in paragraph 17 the words “under the heading Agreement or any Memorandum of an Agreement or" and the words from “and no other" to the end; and, in paragraph 27, the words from “(a warrant" to the end.

15 & 16 Geo. 6 and 1 Eliz. 2. c. 57.

The Marine and Aviation Insurance (War Risks) Act 1952.

In section 7, subsections (2) and (3).

6 & 7 Eliz. 2. c. 56.

The Finance Act 1958.

In section 35, the words “and the heading 'Agreement or any Memorandum of an Agreement’" in subsection (1)(a), and the whole of subsection (1)(b).

7 & 8 Eliz. 2. c. 58.

The Finance Act 1959.

In section 30, subsections (1) to (3) and (4)(c).

10 & 11 Eliz. 2. c. 44.

The Finance Act 1962.

Section 31.

1963 c. 25.

The Finance Act 1963.

In section 57(1), the words “114 and". and the words “Finance Act 1939, section 37"; and section 57(2).

1967 c. 54.

The Finance Act 1967.

In section 27(1), the words “and Part I of Schedule 11 to".

1967 c. 81.

The Companies Act 1967.

In section 43(2)(b), the words “bearing the same stamp as if they were contained in a deed".

This Part of this Schedule has effect as from 1st August 1970.

Part V Stamp Duty Repeals having effect from 1st February 1971

Annotations:

Chapter

Short Title

Extent of Repeal

7 Geo. 4. c. 6.

The Bank Notes Act 1826.

Section 7.

7 Geo. 4. c. 16.

The Chelsea and Kilmainham Hospitals Act 1826.

Section 39.

3 & 4 Vict. c. 110.

The Loan Societies Act 1840.

In section 14, the words from “nor any receipt" to “or order".

27 & 28 Vict. c. 24.

The Naval Agency and Distribution Act 1864.

In section 16, the words “bills, orders, receipts and other".

28 & 29 Vict. c. 73.

The Naval and Marine Pay and Pensions Act 1865.

In section 6, the words “bills, orders, receipts and other".

35 & 36 Vict. c. 93.

The Pawnbrokers Act 1872.

In section 15, the words from “and such a receipt" to the end.

38 & 39 Vict. c. 83.

The Local Loans Act 1875.

Section 19.

45 & 46 Vict. c. 61.

The Bills of Exchange Act 1882.

In section 20(1), the word “stamped", and the words “the stamp will cover".

47 & 48 Vict. c. 55.

The Pensions and Yeomanry Pay Act 1884.

In section 5, the words “order, receipt and".

54 & 55 Vict. c. 39.

The Stamp Act 1891.

In section 23, in subsections (1) and (2), the words “(not being a promissory note or bill of exchange)".

Sections 32, 33, 35 to 39, and 101 to 103.

In Schedule 1, the heading beginning “Bill of Exchange or Promissory Note" (including the word “Exemptions" and all that follows); the headings “Cheque", “Draft for money", “Letter of Credit", “Order for the payment of money", and “Promissory Note", and the heading beginning “Receipt" (including the word “Exemptions" and all that follows).

57 & 58 Vict. c. 30.

The Finance Act 1894.

Section 40.

57 & 58 Vict. c. 60.

The Merchant Shipping Act 1894.

In section 196(1), the words “and the bill shall be exempt from stamp duty".

58 & 59 Vict. c. 16.

The Finance Act 1895.

Section 9.

59 & 60 Vict. c. 25.

The Friendly Societies Act 1896.

Section 33(a).

F92. . .

F92. . .

F92. . .

61 & 62 Vict. c. 46.

The Revenue Act 1898.

Section 8.

10 & 11 Geo. 5. c. 18.

The Finance Act 1920.

Section 34.

10 & 11 Geo. 5. c. 23.

The War Pensions Act 1920.

In In section 10, the words “order, receipt, or other".

11 & 12 Geo. 5. c. 32.

The Finance Act 1921.

In Schedule 3, paragraph 5.

14 & 15 Geo. 5. c. 21.

The Finance Act 1924.

Section 36.

15 & 16 Geo. 5. c. 87.

The Tithe Act 1925.

Section 15.

19 & 20 Geo. 5. c. 29.

The Government Annuities Act 1929.

Section 22(1)(e); and, in section 58(d), the words “or any receipt for the payment", and the words from “or for the payment" to the end.

20 & 21 Geo. 5. c. 28.

The Finance Act 1930.

Section 44.

1 Edw. 8 and 1 Geo. 6. c. 14.

The East India Loans Act 1937.

Section 2(7).

9 & 10 Geo. 6. c. 42.

The Water (Scotland) Act 1946.

In section 46, the word “receipt".

9 & 10 Geo. 6. c. 81.

The National Health Service Act 1946.

In section 73, the words from “on any draft" to “in pursuance of this Act, or".

10 & 11 Geo. 6. c. 27.

The National Health Service (Scotland) Act 1947.

In section 71, the words from “on any draft" to “in pursuance of this Act, or".

14 & 15 Geo. 6. c. 31.

The National Health Service Act 1951.

Section 4(1).

15 & 16 Geo. 6. and 1 Eliz. 2. c. 25.

The National Health Service Act 1952.

Section 7(1).

1 & 2 Eliz. 2. c. 34.

The Finance Act 1953.

In section 31(1), paragraph (a), and paragraph (b) from the beginning to “such a person, and".

4 & 5 Eliz. 2. c. 54.

The Finance Act 1956.

Section 39.

6 & 7 Eliz. 2. c. 56.

The Finance Act 1958.

Section 34(8).

8 & 9 Eliz. 2. c. 44.

The Finance Act 1960.

In section 74, subsections (3) and (4).

9 & 10 Eliz. 2. c. 36.

The Finance Act 1961.

Sections 33 and 37(6)(a).

10 & 11 Eliz. 2. c. 37.

The Building Societies Act 1962.

In section 117, paragraphs (c), (d) and (g).

1963 c. 25.

The Finance Act 1963.

Section 55(4).

1965 c. 51.

The National Insurance Act 1965.

In Schedule 9, paragraphs 1 and 5.

1965 c. 52.

The National Insurance (Industrial Injuries) Act 1965.

In Schedule 6, paragraphs 1 and 5.

1965 c. 53.

The Family Allowances Act 1965.

Section 15.

1966 c. 20.

The Ministry of Social Security Act 1966.

Section 19.

1967 c. 54.

The Finance Act 1967.

In section 27(1), the words from “and “£5,500"" to the end; and section 31.

1968 c. 44.

The Finance Act 1968.

Section 57.

1968 c. 47.

The Sewerage (Scotland) Act 1968.

In section 52, the word “receipt".

1969 c. 48.

The Post Office Act 1969.

Section 115(1) and sections 124 to 126.

1969 c. 50.

The Trustee Savings Bank Act 1969.

In section 89, paragraph (b), and, in paragraph (c), the words “a draft or order".

1970 c. 9.

The Taxes Management Act 1970.

Section 116.

This Part of this Schedule has effect as from 1st February 1971.

Part VI Miscellaneous Repeals

Chapter

Short Title

Extent of Repeal

57 & 58 Vict. c. 30.

The Finance Act 1894.

In section 6(8), the words “with interest at the rate of three per cent. per annum from the date at which the first instalment is due".

6 & 7 Geo. 6. c. 28.

The Finance Act 1943.

Section 27 so far as it relates to interest accruing after the passing of this Act.

14 Geo. 6. c. 21.

The Miscellaneous Financial Provisions Act 1950.

In section 2, subsections (1) and (5).

15 & 16 Geo. 6 and 1 Eliz. 2. c. 10.

The Income Tax Act 1952.

In section 2(1), the words “in excess of that amount".

1964 c. 9.

The Public Works Loans Act 1964.

Sections 7(2) and 9(3).

1967 c. 54.

The Finance Act 1967.

Section 44.

1969 c. 32.

The Finance Act 1969.

In section 41(2), the word “registered" in both places where it occurs.

Section 57.

In Schedule 17, in Part II paragraph 7(1), the words “subsisting at the date of the earlier death".

In Schedule 18, in Part I, the word “registered" in the first italic cross-heading.

1969 c. 50.

The Trustee Savings Banks Act 1969.

In section 34(2) the words “and not exceeding £3 13s. 0d. per cent. per annum".

1970 c. 10.

The Income and Corporation Taxes Act 1970.

In section 3(1), the words “in excess of that amount".

In section 14(1)(a), the words from “except" to “infirmity".

In section 19(8), the words “(and, in particular, in section 22 below)"

Section 22.

In section 37, subsection (3)(c) and the preceding “and".

In section 63(5) the words from “and, where part only" to the end of the subsection.

Section 240(6) from the beginning of the first year of assessment for which company tax regulations have effect.

In section 513, subsection (4).

In Schedule 3, in paragraph 6, the words from “and shall apply" to the end.

Schedule 9 from the beginning of the first year of assessment for which company tax regulations have effect.

The repeal in Part II of Schedule 17 to the Finance Act 1969 has effect in accordance with section 31(6) of this Act.

Part VII Obsolete or Unnecessary Provisions in Taxes Acts

Chapter

Short Title

Extent of Repeal

1968 c.3.

The Capital Allowances Act 1968.

In section 15(4) (as inserted by paragraph 5(4) of Schedule 15 to the Income and Corporation Taxes Act 1970) the words from “for relief" to the end of the subsection.

1970 c.9.

The Taxes Management Act 1970.

In section 9(3), the words from the beginning to “partnership, but".

In section 13(1), the words “in the prescribed form". In section 118(2), the proviso.

1970 c.10.

The Income and Corporation Taxes Act 1970.

In section 25, the words “sections 5 to 19 and 22 of".

In section 26, the words “sections 5 to 19 and 22 of".

In section 163(2) proviso, the words “in relation to disposals of assets after 5th April 1969".

In subsections (2) and (3) of section 310, the words “to the satisfaction of the Board".

In section 311(1), the words “to the satisfaction of the Board" and “in the opinion of the Board".

In section 380(1), the words from “References in this subsection" to the end of the subsection.

In section 515(5), the words from “and the reference" to the end of the subsection.

In Schedule 14, paragraph 29.

In Schedule 15, paragraph 13.