Textual Amendments
F1S. 1 repealed by Finance (No. 2) Act 1975 (c. 45), ss. 8(1), 75(5), Sch. 14 Pt. I; Finance Act 1976 (c. 40), s. 132(5), Sch. 15 Pt. I; (with savings) Finance Act 1977 (c. 36), ss. 1(7), 59(5), Sch. 9 Pt. II
Textual Amendments
Textual Amendments
F3S. 3 repealed by Finance Act 1974 (c. 30), s. 57, Sch. 14 Pt. VI
Textual Amendments
F4Ss. 4–8 repealed (with savings) by Value Added Tax Act 1983 (c. 55), s. 50, Sch. 10 para. 5, Sch. 11
Textual Amendments
F5S. 9 repealed by Finance (No. 2) Act 1975 (c. 45), s. 75(5), Sch. 14 Pt. IV
Textual Amendments
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Textual Amendments
F7S. 32 omitted (13.8.2009) by virtue of Finance Act 2009, Schedule 47 (Consequential Amendments) Order 2009 (S.I. 2009/2035), art. 1, Sch. para. 10
Textual Amendments
Textual Amendments
F9S. 37 repealed by Capital Gains Tax Act 1979 (c. 14, SIF 63:2), s. 158, Sch. 8
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Textual Amendments
F10S. 38 repealed (1.4.2010 with effect in accordance with s. 381(1)) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 7 para. 7, Sch. 10 Pt. 12 (with Sch. 9 paras. 1-9, 22)
Textual Amendments
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Textual Amendments
F12S. 41 omitted (1.4.2009) by virtue of The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 1(2), Sch. 1 para. 65
Textual Amendments
F13S. 42 repealed by Finance Act 1976 (c. 40), s. 49(2)(b), Sch. 15 Pt. III
Textual Amendments
Textual Amendments
F15S. 44 repealed by Finance Act 1987 (c. 16), s. 72(7), Sch. 16 Pt. VII.
Textual Amendments
F16Ss. 45, 46 repealed (with savings) by Finance Act 1975 (c. 7), ss. 50, 52(2)(3), 59, Sch. 13 Pt. I
Textual Amendments
F17Ss. 47, 48 repealed by Finance Act 1988 (c. 39, SIF 114), ss. 14(1)(2)(6), 148, Sch. 14 Pt. XI
Textual Amendments
F18S. 49 repealed by Finance Act 1988 (c. 39, SIF 114), s. 148, Sch. 14 Pt. XI
(1)Where the House of Commons passes a resolution which—
(a)provides for the variation or abolition of an existing stamp duty . . . F19; and
(b)is expressed to have effect for a period stated in the resolution in accordance with the following provisions of this section; and
(c)contains a declaration that it is expedient in the public interest that the resolution should have statutory effect under the provisions of this section;
then, subject to subsection (3) of this section, the resolution shall for the period so stated have statutory effect as if contained in an Act of Parliament.
(2)The period to be stated in a resolution is a period expressed as beginning on a date so stated and ending on, or thirty-one days or such less number of days as may be so stated after, the earliest of the dates mentioned in this subsection; and those dates are—
(a)the [F20thirtieth] day on which, after the day the resolution is passed, the House of Commons sits without a Bill containing provisions to the same effect as the resolution being read a second time and without a Bill being amended (whether by the House or a Committee of the House or a [F21Public Bill Committee]) so as to include such provisions;
(b)the rejection of such provisions during the passage through the House of a Bill containing them;
[F22(c)the dissolution of Parliament;
(ca)the prorogation of Parliament in a case where subsection (2B) does not apply; and]
(d)the expiration of the period of [F23seven] months beginning with the day on which the resolution takes effect.
[F24(2A)Subsection (2B) applies where Parliament is prorogued at the end of a session if—
(a)during the session a Bill containing provisions to the same effect as the resolution is read a second time by the House or a Bill is amended (whether by the House or a Committee of the House or a Public Bill Committee) so as to include such provisions,
(b)the Standing Orders or Sessional Orders of the House provide, or during the session the House orders, that proceedings on the Bill not completed before the end of the session shall be resumed in the next session, and
(c)proceedings on the Bill are not completed during the session.
(2B)A resolution shall cease to have statutory effect under this section if, during the period of thirty sitting days beginning with the first sitting day of the next session, no Bill containing provisions to the same effect as the resolution is presented to the House.
(2C)In subsection (2B) “sitting day” means a day on which the House sits.
(2D)Where a Bill is amended as mentioned in subsection (2A)(a), it does not matter for the purposes of subsection (2A)(b) if the House orders as mentioned in subsection (2A)(b) before the amendment to the Bill is made.]
(3)A resolution shall cease to have statutory effect under this section if an Act comes into operation varying or abolishing the duty.
(4)The ending of the period for which a resolution has statutory effect under the provisions of this section shall not affect the validity of anything done during that period.
Textual Amendments
F19Words repealed by Finance Act 1975 (c. 7), Sch. 13 Pt. I
F20Word in s. 50(2)(a) substituted (27.7.1993 with application in relation to resolutions passed after that day) by 1993 c. 34, s. 207(1)(a)(2).
F21Words in s. 50(2)(a) substituted (19.7.2007) by Finance Act 2007 (c. 11), s. 112(2)
F22S. 50(2)(c)(ca) substituted for s. 50(2)(c) (17.7.2014) by Finance Act 2014 (c. 26), s. 116(2)
F23Word in s. 50(2)(d) substituted (17.7.2014) by Finance Act 2014 (c. 26), s. 116(3)
F24S. 50(2A)-(2D) inserted (17.7.2014) by Finance Act 2014 (c. 26), s. 116(4)
Modifications etc. (not altering text)
C1S. 50 extended (N.I.) by Finance (No. 2) Act 1975 (c. 45), s. 72.
Textual Amendments
F25S. 51 repealed by Capital Gains Tax Act 1979 (c. 14), s. 158, Sch. 8
Textual Amendments
(1)In the enactments relating to . . . F27, . . . F28, . . . F29 . . . F27 stamp duty—
(a)references to the Stock Exchange, London or the London Stock Exchange, a stock exchange in the United Kingdom or a recognised stock exchange in the United Kingdom shall be construed as references to The Stock Exchange;
(b)references to quotation on a stock exchange in the United Kingdom on a recognised stock exchange in the United Kingdom shall be construed as references to listing in the Official List of The Stock Exchange; and
(c)references to a member of a stock exchange in the United Kingdom shall be construed as references to a member of The Stock Exchange;
and those enactments shall have effect subject to the amendments specified in Schedule 21 to this Act.
(2)This section shall be deemed to have come into operation on 25th March 1973 but shall not affect the operation of any enactment in relation to anything done before that day.
Textual Amendments
F27Word(s) repealed by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), s. 844, Sch. 31
F28Words repealed by Capital Gains Tax Act 1979 (c. 14, SIF 63:2), s. 158, Sch. 8 (for 1979–80 et seq.)
F29Words repealed by Finance Act 1975 (c. 7), s. 59, Sch. 13 Pt. I (in relation to deaths after 12th March 1975)
Textual Amendments
F30S. 55 repealed (with savings) by Value Added Tax Act 1983 (c. 55), s. 50, Sch. 10 para. 5, Sch. 11
(1)Where a Government department, in pursuance of F31... any international agreement or arrangement, provides any services or facilities or issues any authorisation, certificate or other document, it may, in connection therewith, require the payment of such fees or other charges as may be prescribed by, or determined under, regulations made by the Minister in charge of the department with the consent of the Treasury.
(2)Regulations under this section may provide for the recovery and disposal of any sums payable under the regulations and make different provision for different circumstances.
(3)The powers conferred by this section are without prejudice to any powers exercisable apart from this section to require the payment of fees or other charges.
(4)Regulations under this section shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(5)In this section “Government department” includes a department of the Government of Northern Ireland, and any regulations which the Minister in charge of such a department is empowered to make under this section may be made either by him or by the department, and with the consent of the [F32Department of Finance] for Northern Ireland instead of the Treasury; and in relation to regulations so made subsection (4) of this section shall not apply but they shall be subject to negative resolution, within the meaning of section 41(6) of the M1Interpretation Act (Northern Ireland) 1954, as if they were a statutory instrument within the meaning of that Act.
F33(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F31Word in s. 56(1) omitted (31.12.2020) by virtue of European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 8 para. 17 (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(n) (with reg. 22)
F32Words substituted by virtue of Northern Ireland Constitution Act 1973 (c. 36), Sch. 5 para. 8(1)
F33S. 56(6) repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XIII
Modifications etc. (not altering text)
C2Reference to Minister in charge of Department of Government of Northern Ireland to be construed as reference to head of department: Northern Ireland Constitution Act 1973 (c. 36), Sch. 5 para. 7(2)
C3S. 56 extended (1.12.1998) by 1998 c. 38, s. 29(4) (with ss. 139(2), 143(2)); S.I. 1998/2789, art. 2
C4S. 56 extended by Government of Wales Act 2006 (c. 32), s. 59(5) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(1)(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(5) of the amending Act.
C5S. 56(4) restricted (1.12.1998) by 1998 c. 38, s. 29(5) (with ss. 139(2), 143(2)); S.I. 1998/2789, art. 2
C6S. 56(4) restricted by Government of Wales Act 2006 (c. 32), s. 59(7) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(1)(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(5) of the amending Act.
Marginal Citations
Textual Amendments
(1)The Treasury may by order make such amendments in paragraph 10 of Part II of Schedule 1 to the M2Trustee Investments Acts 1961 (under which a trustee’s power to invest in certain securities depends on the amount of dividends paid) and in any enactment or instrument modifying that paragraph as appear to them required in consequence of the repeal by the Finance Act 1972 of the provisions relating to the deduction of income tax from distributions made by companies.
(2)An order under this section may be varied or revoked by a subsequent order under this section, and any such order shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1)This Act may be cited as the Finance Act 1973.
[F35(2)In this Act—
(a)“the Taxes Act 1970” means the Income and Corporation Taxes Act 1970; and
(b)“the Taxes Act 1988” means the Income and Corporation Taxes Act 1988.]
(3)In this Act—
(a)Part I shall be construed as one with the Customs and Excise Act 1952;
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36
(c)Part III, so far as it relates to income tax, shall be construed as one with the Income Tax Acts, so far as it relates to corporation tax, shall be construed as one with the COrporation Tax Acts and, so far as it relates to capital gains tax, shall be construed as one with [F37the Capital Gains Tax Act 1979];
(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38
(e)Part V shall be construed as one with the M3Stamp Act 1891.
(4)Except so far as the context otherwise requires, any reference in this Act to any enactment shall be construed as a reference to that enactment as amended, and as including a reference to that enactment as applied, by or under any other enactment, including this Act.
(5)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 do not extend to Northern Ireland.
(6)If the Parliament of Northern Ireland passes provisions amending or replacing any enactment of that Parliament referred to in this Act the reference shall be construed as a reference to the enactment as so amended or, as the case may be, as a reference to those provisions.
(7)The enactments mentioned in Schedule 22 to this Act (which include certain enactments which had ceased to have effect before the commencement of this Act) are hereby repealed to the extent specified in the third column of that Schedule, but subject to any provision at the end of any Part of that Schedule.
Textual Amendments
F35S. 59(2) substituted by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), Sch. 29, para. 32
F36S. 59(3)(b) repealed (with savings) by Value Added Tax Act 1983 (c. 55), s. 50, Sch. 10 para. 5, Sch. 11
F37Words substituted by Capital Gains Tax Act 1979 (c. 14, SIF 63:2), s. 157, Sch. 7 para. 8 (for 1979–80 et seq.)
F38S. 59(3)(d) repealed (with savings) by Finance Act 1975 (c. 7), ss. 50(2)(3), 59, Sch. 13 Pt. I
Modifications etc. (not altering text)
C7The text of s. 59(3)(a), Sch. 16A, Sch. 21 para. 5 and Sch. 22 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