F1PART 3A REFERRAL OF QUESTIONS DURING ENQUIRY
28ZC Regulations with respect to referrals
1
The Lord Chancellor may make provision by regulations with respect to referrals to the Special Commissioners under—
a
section 28ZA of this Act, or
b
paragraph 31A of Schedule 18 to the Finance Act 1998.
2
Regulations under subsection (1) above may, in particular—
a
make provision with respect to any of the matters dealt with in the following provisions of this Act—
i
section 50 (procedure before the Special Commissioners),
ii
section 56 (statement of case for opinion of the High Court),
iii
section 56A (appeals from the Special Commissioners), and
iv
section 58 (proceedings in Northern Ireland), or
b
provide for any of those provisions to apply, with such modifications as may be specified in the regulations, in relation to a referral to the Special Commissioners under the provisions mentioned in subsection (1) above.
3
Regulations under subsection (1) above may—
a
make different provision for different cases or different circumstances, and
b
contain such supplementary, incidental, consequential and transitional provision as the Lord Chancellor thinks appropriate.
4
Regulations under subsection (1) above shall—
a
be made by statutory instrument, and
b
be subject to annulment in pursuance of a resolution of either House of Parliament.
5
In the following provisions any reference to an appeal includes a reference to a referral under section 28ZA of this Act or paragraph 31A of Schedule 18 to the Finance Act 1998—
a
sections 56B, 56C and 56D of this Act (power of the Lord Chancellor to make regulations about the practice and procedure to be followed in connection with appeals to the Special Commissioners); and
b
section 57 of this Act (power of the Board to make regulations about appeals relating to chargeable gains).
6
Any regulations under section 56B or 57 of this Act which are in force immediately before the commencement of subsection (1) above shall apply in relation to referrals under section 28ZA of this Act or paragraph 31A of Schedule 18 to the Finance Act 1998, subject to any necessary modifications, as they apply in relation to appeals to the Special Commissioners.
7
Regulations under this section relating to proceedings in Scotland shall not be made except with the consent of the Scottish Ministers.
Pt. 3A inserted (with effect and application in accordance with s. 88(3), Sch. 29 para. 6(2) of the amending Act) by Finance Act 2001 (c. 9), Sch. 29 para. 6(1)