Finance Act 1977
1977 c. 36
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.
EDITORIAL NOTE1984 (C) = Capital Transfer Tax Act 1984/Inheritance Tax Act 1984 (c. 51, SIF 65)
ss. 1-3, 7, 10, 11, 59(1)(3)(4), Sch. 3 from Group 40:1 (Customs and Excise: Customs and Excise Duties), ss. 17-39, 41, 42, 45-48, 54, 59(1)(2)(3)(c)(4)(5), Schs. 7,8,9 Pts. IV,VI from Group 63:1 (Income, Corporation and Capital Gains Taxes: Income and Corporation Taxes), ss. 56, 59(1)(4)(5), Sch. 9 Pt. V from Group 98:5 (Property, England and Wales: Tithe)
Part ICustoms and excise
1
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
6
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8
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2
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
2
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3
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4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
3 Replacement by tobacco products duty of other tobacco duties. C5
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38
2
If it is shown to the satisfaction of the Commissioners that any tobacco which has borne duty under section 4 of F39the M3Finance Act 1964 on or after 10th May 1976 has been or will be used in the manufacture of tobacco products chargeable with duty under section 4 of F39the M4Finance Act 1976 on or after the said 1st January F40or under section 2 of the M5Tobacco Products Duty Act 1979 on or after 1st April 1979, they shall make a repayment at the appropriate rate specified in Schedule 3 to this Act in respect of the duty borne by that tobacco as aforesaid; and the rate per pound at which drawback is allowable on tobacco in respect of which a repayment has been made under this subsection shall be reduced by an amount equal to the rate per pound at which the repayment was made.
3
Drawback in respect of any duty charged under section 4 of the said Act of 1964 shall not be allowed by virtue of any event occurring after 30th June 1978; but if it is shown to the satisfaction of the Commissioners after that date—
a
that any tobacco which has borne duty under that section has been used in the manufacture of products which have become unmerchantable through natural causes; and
b
that no drawback or repayment in respect of the duty has been allowed or made under any other provision,
the Commissioners shall repay the duty to the manufacturer, but any such repayment shall be conditional on the products being disposed of in such manner as the Commissioners may require.
C64
Part V of the Customs and Excise Act 1952 (which contains provisions for the collection and management of the duties charged by section 4 of the said Act of 1964 and for the protection of the revenue arising from them) shall cease to have effect on 1st January 1978 except as respects drawback by virtue of events occurring on or before the date mentioned in subsection (3) above.
5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
5 Vehicles excise duty : Great Britain.
1
The M6Vehicles (Excise) Act 1971 shall be amended as follows.
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42
5
This section has effect in relation to licences taken out after 29th March 1977.
F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 Units and methods of measurement in customs and excise Acts.
1
The Treasury may by order amend the customs and excise Acts for the purpose of—
a
replacing any unit of measurement by a metric unit;
b
replacing the proof system of ascertaining the alcoholic strength of spirits and other liquids by a system of measurement by reference to percentages of alcohol by volume;
c
replacing any temperature expressed in degrees Fahrenheit by a temperature expressed in degrees Celsius;
d
replacing any pressure expressed in atmospheres by a pressure expressed in millibars.
2
Any amendment of an enactment under this section shall be such as to preserve the effect of the enactment except to such extent as the Treasury consider necessary to enable a substituted unit or method of measurement to be applied in a convenient and suitable manner.
3
An order under this section may contain such transitional and other supplementary provisions as the Treasury think necessary.
4
The power to make orders under this section includes power to vary or revoke a previous order and shall be exercisable by statutory instrument.
5
Subject to subsection (6) below, any order under this section shall be laid before the House of Commons after being made; and unless it is approved by that House before the expiration of twenty-eight days beginning with the date on which it was made, it shall cease to have effect on the expiration of that period, but without prejudice to anything previously done thereunder or to the making of a new order.
In reckoning any such period no account shall be taken of any time during which Parliament is dissolved or prorogued or during which the House of Commons is adjourned for more than four days.
6
Subsection (5) above shall not apply to any order containing a statement by the Treasury that the order does not involve a greater charge to duty or a reduction of any relief, drawback, rebate or allowance; and any such order shall be subject to annulment in pursuance of a resolution of the House of Commons.
8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7
10 Duties or levies on goods passing into free circulation etc.
1
In any case where—
a
goods which are not for the time being in free circulation in member States are imported into the United Kingdom from another member State, and
b
in accordance with the Treaties the goods either are allowed to be put on the market in the United Kingdom or to be destroyed or otherwise cease to be subject to special arrangements involving the suspension of, or the giving of relief from, duties or levies in another member State,
then, in such circumstances as may be prescribed, duties of customs or levies shall be charged on or in respect of the goods by virtue of this section.
2
Any question whether goods are at any time in free circulation in member States shall be determined in accordance with the Treaties.
3
The amount of the duty of customs or levy which, in any particular prescribed circumstances, is charged on or in respect of any goods by virtue of this section shall be such as, in accordance with the Treaties, may either be prescribed or determined in a prescribed manner.
4
Duties of customs charged by virtue of this section shall be treated as Community customs duties charged under subsection (1) of section 5 of the M1European Communities Act 1972 and levies charged by virtue of this section shall be treated as agricultural levies, as defined in subsection (8) of section 6 of that Act; and the provisions of, and of the enactments referred to in, F8the said section 6 shall apply accordingly.
5
In this section “prescribed” means prescribed by regulations F9made by statutory instrument by the Commissioners which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
6
This section and, except in so far as any such regulations otherwise provide, any regulations made under it shall have effect in relation to goods imported into the United Kingdom on or after 1st July 1977.
11 Recovery of duty etc. due in other member States. O.J. No. L73/18.
1
This section applies where, in accordance with the Directive of the Council of the European Communities dated 15th March 1976 No.76/308/EEC, an authority in a member State makes a request for the recovery in the United Kingdom of any sum claimed by that authority in that State.
2
Subject to the following provisions, where this section applies the Commissioners or the Intervention Board for Agricultural Produce may recover the sum specified in the request as if it were a debt due to the Crown.
3
Proceedings for the recovery of any sum under this section shall be stayed if the defendant satisfies the court that proceedings relevant to his liability on the claim in relation to which the request has been made are pending, or are about to be instituted, before a court, tribunal or other competent body in the member State in question; but any such stay may be removed if the proceedings in the member State are not prosecuted or instituted with reasonable expedition.
4
It shall be a defence to proceedings under this section for the defendant to show that a final decision on the claim has been given in his favour by a court, tribunal or other competent body in the member State in question; and if he shows that such a decision has been given in respect of part of the claim it shall be a defence to the proceedings in so far as they relate to that part.
5
For the purposes of subsection (3) above proceedings shall be regarded as pending so long as an appeal may be brought against any decision in the proceedings; and for the purposes of subsection (4) above a final decision is one against which no appeal lies or against which an appeal lies within a period which has expired without an appeal having been brought.
6
In proceedings under this section any averment in the pleadings that a request has been made as mentioned in subsection (1) above for the recovery of the sum which is the subject of the proceedings shall be conclusive evidence of that fact; and except as provided in subsection (4) above no question shall be raised in any such proceedings as to the defendant’s liability on the claim in relation to which the request has been made.
7
In relation to proceedings under this section in Scotland—
a
the reference in subsection (3) above—
i
to proceedings being stayed shall be construed as a reference to their being sisted;
ii
to a stay being removed shall be construed as a reference to a sist being recalled; and
b
the references in subsections (3), (4) and (6) above to a defendant shall be construed as references to a defender.
8
This section shall not have effect in relation to a request for the recovery of any sum which became due before 15th March 1976.
12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10
13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11
Part II
14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12
15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13
16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14
PART III INCOME TAX, CORPORATION TAX AND CAPITAL GAINS TAX
17–39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15
40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16
F1741. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1842. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19
44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20
45–48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21
Part IV CAPITAL TRANSFER TAX
49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22
50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23
F2451
1
Paragraph 19 of Schedule 5 to the Finance Act 1975 (trusts for mentally disabled persons) shall be amended as follows.
2
In sub-paragraph (1) after the words “a mentally disabled person" there shall be inserted the words “ or of a person in receipt of an attendance allowance".
F253
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5
At the end of Sub-paragragh (4) there shall be added the words “and“ attendance allowance" means an allowance under section 35 of the Social Security Act 1975 or the Social Security (Northern Ireland) Act 1975"
F2652. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART V MISCELLANEOUS AND SUPPLEMENTARY
54 Petroleum revenue tax.
1
After paragraph 6 of Schedule 3 to the M2Oil Taxation Act 1975 there shall be inserted—
6A Effect of certain transactions between participators
Where the whole or part of the share of a participator (“the transferor") of oil won from an oil field became the share, or part of the share, of another participator (“the transferee") in pursuance of an agreement between them under which the transferor undertook to remain responsible for carrying out the transferee’s obligations in connection with the field so far as they relate to the transferred share or part, then, for the purposes of this Part of this Act—
a
the shares of the transferor and the transferee of oil won from the field shall be taken to be the same as they would have been if the transfer had not occurred, and
b
any oil comprised in the transferred share or part and taken up by or on the authority of the transferee in pursuance of the agreement shall be regarded as being disposed of and delivered to him by the transferor at the time when it is taken up.
2
In the said paragraph 6, in sub-paragraph (1), for the words “another person (in this paragraph referred to as “the owner")" there shall be substituted the words “a person (in this paragraph referred to as “the owner") who is not a participator and".
55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27
56 Annuities under Tithe Acts 1936 and 1951.
The amount payable on 1st October 1977 on account of any annuity under the Tithe Acts 1936 and 1951 shall be double what it would be apart from this section; and as from 2nd October 1977 all annuities then charged under those Acts shall be extinguished.
57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28
58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29
59 Citation, interpretation, construction and repeals.
1
This Act may be cited as the Finance Act 1977.
2
In this Act “the Taxes Act” means the Income and Corporation Taxes Act 1970.
3
In this Act—
a
Part I (except sections 5 and 6) shall be construed as one with F30such of the Customs and Excise Acts 1979 as the provision in question requires.
b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31
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 . . . F32
d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33
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.
C35
The enactments mentioned in Schedule 9 to this Act (which include spent enactments) 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.
SCHEDULES
SCHEDULES 1,2 . . . F34
Schs. 1, 2 repealed by Alcholic Liquor Duties Act 1979 (c. 4),s. 92(2), Sch. 4 Pt. I
SCHEDULE 3 Rates of Repayment under section 3
Unmanufactured tobacco | |||
---|---|---|---|
Period in which duty paid (all dates inclusive) | Containing 10 per cent. or more by weight of moisture | Containing less than 10 per cent. by weight of moisture | Manufactured tobacco |
£ per pound | £ per pound | £ per pound | |
10th May 1976 to 15th December 1976 | 5·8150 | 5·8560 | 5·9000 |
16th December 1976 to 29th March 1977 | 6·3965 | 6·4416 | 6·4900 |
30th March 1977 to 31st December 1977 | 6·4000 | 6·4410 | 6·4850 |
SCHEDULES 4, 5 . . . F35
SCHEDULE 6 . . . F36
Sch. 6 repealed by Value Added Tax Act 1983 (c. 55), s.50(2), Sch. 11
SCHEDULES 7,8 . . . F37
Schs. 7, 8 repealed by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), s. 844, Sch. 31.
C4SCHEDULE 9 REPEALS
The text of ss. 3(4), 6(2)(3), 56, Schs. 1, 2, 4–6, 9 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 Customs and Excise
Chapter | Short title | Extent of repeal |
---|---|---|
15 & 16 Geo. 6 & 1 Eliz. 2. c. 44. | The Customs and Excise Act 1952. | In section 255A the words “for securing that the goods will be so used or otherwise". |
6 & 7 Eliz. 2. c. 6. | The Import Duties Act 1958. | Section 9. |
Section 10(2). | ||
In section 11(5) the words “and nine". | ||
In section 15(1) the definition of “registered shipbuilding yard". | ||
In Schedule 3, paragraphs 1, 2, 3, 6, 7, 9, 10 and 11. | ||
Schedule 5. | ||
7 & 8 Eliz. 2. c. 58. | The Finance Act 1959. | Section 9. |
1964 c. 28. | The Agriculture and Horticulture Act 1964. | In the Schedule, paragraph 1(3)(b). |
1965 c. 25. | The Finance Act 1965. | Section 2(5). |
1971 c. 68. | The Finance Act 1971. | Section 1(4). |
Section 2. | ||
1975 c. 45. | The Finance (No. 2) Act 1975. | Section 5(2) and (3). |
Section 6(2) and (3). | ||
Schedules 1 and 2. | ||
1976 c. 40. | The Finance Act 1976. | Section 1. |
Section 14(3). | ||
Section 16. | ||
Schedules 1 and 2. |
1
The repeal in section 255A of the Customs and Excise Act 1952 takes effect on such day as may be appointed by regulations under section 8 of this Act.
2
The repeals in the Import Duties Act 1958 (except section 10(2)), the Finance Act 1959, the Finance Act 1965 and the Finance Act 1971 take effect on 1st July 1977.
3
The repeals in the Finance (No. 2) Act 1975 and of section 14(3) of the Finance Act 1976 take effect on 30th March 1977.
Part II Tobacco
Chapter | Short title | Extent of repeal |
---|---|---|
15 & 16 Geo. 6 & 1 Eliz. 2 c. 44. | The Customs and Excise Act 1952. | Part V. |
1964 c. 49. | The Finance Act 1964. | Section 4. |
Section 8(2)(a). | ||
Schedule 5. | ||
1966 c. 18. | The Finance Act 1966. | Section 3. |
In Schedule 2, in paragraph 1 the words “section 173(1)(b) (importation of tobacco)" and in paragraph 2 the words “and 173(3)" and “and tobacco". | ||
1967 c. 54. | The Finance Act 1967. | In section 4, in subsection (1), paragraph (d) and the word “or" before it and the words “and 175" and in subsection (2) the words “or (d)" and the words following the semi-colon. |
1970 c. 24. | The Finance Act 1970. | Section 4. |
Section 5(a). | ||
In Schedule 2, paragraphs 1 to 4. | ||
1973 c. 51. | The Finance Act 1973. | Section 1 so far as unrepealed. |
Schedule 5. | ||
1974 c. 30. | The Finance Act 1974. | Section 1(6). |
1975 c. 45. | The Finance (No. 2) Act 1975. | Section 1(6). |
1976 c. 40. | The Finance Act 1976. | Section 8. |
1977 c. 36. | The Finance Act 1977. | Section 1(6) and (7). |
Section 2(1) and (3). |
The above repeals take effect on 1st January 1978 but do not affect drawback by virtue of events occurring on or before 30th June 1978.
Part III Value Added Tax
Chapter | Short title | Extent of repeal |
---|---|---|
1972 c. 41. | The Finance Act 1972. | In section 8, in subsection (1) the words “or services"; and subsections (4) to (7). |
Section 17(3). | ||
Section 30(1). | ||
In Schedule 4, Group 8, Note (3). | ||
1974 c. 30. | The Finance Act 1974. | Section 5. |
1976 c. 40. | The Finance Act 1976. | Section 18. |
In section 19, the words “11(b) and". | ||
Section 20. |
The above repeals take effect on 1st January 1978.
Part IV Child Benefit etc.
Chapter | Short title | Extent of repeal |
---|---|---|
1970 c. 10. | The Income and Corporation Taxes Act 1970. | In section 8(2)(b) the words before “except". |
Section 24(1), (3) and (4). | ||
In section 219(1), paragraph (b) together with the word “and" immediately preceding it. | ||
In section 530(2)(c) the words “family allowances and other". | ||
1971 c. 68. | The Finance Act 1971. | Section 15(7). |
Section 33(4). | ||
In Schedule 4, in paragraph (1)(b) the words before “any payment or benefit". | ||
1974 c. 30. | The Finance Act 1974. | Section 14(6). |
1975 c. 18. | The Social Security (Consequential Provisions) Act 1975. | In Schedule 2, paragraph 37. |
1976 c. 40. | The Finance Act 1976. | Section 32(1), (2), (3)(a), (c) and (d), (4), (5) and (6). |
1
The repeal of section 32(2), (3)(a) and (d), (4), (5) and (6) of the Finance Act 1976 shall be deemed to have come into force on 4th April 1977.
2
The repeal of the other provisions mentioned above does not affect their operation in relation to any allowance or benefit payable in respect of a period before 4th April 1977.
Part V Annuities under Tithe Acts 1936 and 1951
Chapter | Short title | Extent of repeal |
---|---|---|
26 Geo. 5 & 1 Edw. 8. c. 43. | The Tithe Act 1936. | Section 3. |
Section 4(2)(b). | ||
Sections 10 and 11. | ||
Section 12(1). | ||
Section 13(3), (4), (7), (8), (9) and (11). | ||
Section 15. | ||
Section 16(1), (2), (3) and (7). | ||
Section 17. | ||
In section 25(2) the words “received by them on account of instalments of annuities, of the redemption of annuities and all other sums". | ||
Section 28(1). | ||
Section 29. | ||
Section 34. | ||
In section 47, in subsection (1) the definitions of “agricultural land" “annuity" and “substituted annuity" and in subsection (4) the words “of any annuity". | ||
14 & 15 Geo. 6. c. 62. | The Tithe Act 1951. | Section 1(1) to (5) and (10). |
Sections 2 to 5. | ||
Section 10(6) and (9). | ||
Schedule 1. | ||
6 & 7 Eliz. 2. c. 56. | The Finance Act 1958. | Section 38. |
10 & 11 Eliz. 2. c. 44. | The Finance Act 1962. | Section 32. |
1968 c. 13. | The National Loans Act 1968. | In Schedule 1, the entry relating to section 28(1) of the Tithe Act 1936. |
1970 c. 10. | The Income and Corporation Taxes Act 1970. | Section 66. |
In section 175, subsection (2)(c) and in subsection (3) the words “(c) and". | ||
Section 248(7). | ||
In Schedule 2, paragraph 4. | ||
1972 c. 61. | The Land Charges Act 1972. | Section 2(9). |
The repeal of the above enactments takes effect on 2nd October 1977 and does not affect their operation in relation to any payment made or required to be made before that date.
Part VI Miscellaneous
Chapter | Short title | Extent of repeal |
---|---|---|
1965 c. 25. | The Finance Act 1965. | In Schedule 7, in paragraph 5, in sub-paragraph (1) the words “Subject to sub-paragraph (2) below" and sub-paragraph (2). |
1968 c. 44. | The Finance Act 1968. | In section 55, in subsection (1) the words “securities and" and “in section 42(1) of the Exchange Control Act 1947 and" and (in paragraph (c)) the words “of the Exchange Control Act 1947, or" and “or both" ; subsection (2); in subsection (3), in the definition of “prescribed" the words from “(a)" to “1964"; in subsection (4) the words “securities and"; in subsection (5) the words from “(a)" to “1964"; and in subsection (6) the words before “this section shall apply" and the words “that Act, or as the case may be". |
In Schedule 12 paragraph 9. | ||
1969 c. 32. | The Finance Act 1969. | Section 41(7). |
1970 c. 10. | The Income and Corporation Taxes Act 1970. | Section 185. |
In section 270(4)(a) the words “(and Schedule 9 to the Finance Act 1965)". | ||
Section 271(4). | ||
1971 c. 68. | The Finance Act 1971. | In Schedule 10— |
paragraph 3. | ||
in paragraph 4(1) the words from “section 27(3)" to “(conversion of such stock)". | ||
in paragraph 5 the words from “or to securities" to “paragraph 4 above". | ||
in paragraph 7(1) the words from “and for determining" to the end of paragraph 7(1). | ||
paragraph 13. | ||
1973 c. 51. | The Finance Act 1973. | Section 13. |
In Schedule 16, in paragraph 7, the words from “securities of any" to “1965 or of". | ||
1974 c. 30. | The Finance Act 1974. | Section 21(2). |
In Schedule 2, paragraphs 1 and 2. | ||
1975 c. 7. | The Finance Act 1975. | In Schedule 9, in paragraph 5, in sub-paragraph (1) the words from “and, subject" onwards, and sub-paragraph (2). |
1975 c. 45. | The Finance (No. 2) Act 1975. | Section 29. |
1976 c. 40. | The Finance Act 1976. | Section 28. |
Section 29(1) and (4). | ||
Section 30(1). | ||
Section 63(7). |
1
The repeal of section 185 of the Income and Corporation Taxes Act 1970 has effect for the year of assessment 1977-78 and subsequent years of assessment.
2
The repeal of section 13 of the Finance Act 1973 does not affect relief for any year of assessment before the year 1977-78.
3
The repeals in the Finance Act 1974 have effect for the year of assessment 1977-78 and subsequent years of assessment.
4
The repeal of section 30(1) of the Finance Act 1976 does not affect relief for any year of assessment before the year 1977-78.
5
The repeal of section 63(7) of the Finance Act 1976 has effect for the year of assessment 1977-78 and subsequent years of assessment.
Act partly in force at Royal Assent, partly retrospective, see individual sections; all provisions so far as unrepealed wholly in force at 1.2.1991. Some provisions came into force at specific times of the day.