(1)The rate of interest applicable for the purposes of an enactment to whichthis section applies shall be the rate which for the purposes of thatenactment is provided for by regulations made by the Treasury under thissection.
(2)This section applies to—
(a)section 8(9) of the M1Finance Act 1894,
(b)section 18 of the M2Finance Act 1896,
(c)section 61(5) of the M3Finance (1909-10) Act 1910,
(d)section 17(3) of the M4Law of Property Act 1925,
(e)section 73(6) of the M5Land Registration Act 1925,
(f)[F1sections 59C, 86, 86A, 87, 87A, 88, 103A] of the M6TaxesManagement Act 1970,
(g)paragraph 3 of Schedule 16A to the M7Finance Act 1973,
[F2(gg)[F3paragraph 6 of Schedule 1 to the Social Security Contributions and Benefits Act 1992],]
(h)paragraphs 15 and 16 of Schedule 2, and paragraph 8 of Schedule 5, to the M8Oil Taxation Act 1975,
F4[(i)section 283 of the M9Taxation of Chargeable Gains Act 1992;]
(j)paragraph 59 of Schedule 8 to the M10Development Land TaxAct 1976,
(k)sections 233 and 236(3) and (4) of the M11Inheritance TaxAct 1984,
(l)section 92 of the Finance Act 1986, and
(m)sections 160, 824, 825 and 826 of, [F5and paragraph 6B of Schedule 3 to] and paragraph 3 of Schedule 19A to, the M12Taxes Act 1988. [F6and]
F7(n). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F8and
[(o)section 14(4) of the Ports Act 1991.]
(3)Regulations under this section may—
(a)make different provision for different enactments or for differentpurposes of the same enactment,
(b)either themselves specify a rate of interest for the purposes of anenactment or make provision for any such rate to be determined by referenceto such rate or the average of such rates as may be referred to in theregulations,
(c)provide for rates to be reduced below, or increased above, what theyotherwise would be by specified amounts or by reference to specified formulae,
(d)provide for rates arrived at by reference to averages to be rounded up ordown,
(e)provide for circumstances in which alteration of a rate of interest is oris not to take place, and
(f)provide that alterations of rates are to have effect for periods beginningon or after a day determined in accordance with the regulations in relationto interest running from before that day as well as from or from after thatday.
(4)The power to make regulations under this section shall be exercisable bystatutory instrument which shall be subject to annulment in pursuance of aresolution of the House of Commons.
(5)Where—
(a)the rate provided for by regulations under this section as the rateapplicable for the purposes of any enactment is changed, and
(b)the new rate is not specified in the regulations,
the Board shall by order specify the new rate and the day from which ithas effect.
(6)In section 828(2) of the Taxes Act 1988 (powers to make orders which arenot exercisable by statutory instrument) the words “or section 178(5)of the Finance Act 1989” shall be added at the end.
(7)Subsection (1) shall have effect for periods beginning on or after suchday as the Treasury may by order made by statutory instrument appoint andshall have effect in relation to interest running from before that day as wellas from or from after that day; and different days may be appointed fordifferent enactments.
Textual Amendments
F1Words in s. 178(2)(f) substituted (1.9.1994 with effect as mentioned in s. 199 of the amending Act) by 1994 c. 9, s. 196, Sch. 19 Pt. III para. 44
F2S. 178(2)(gg) inserted (6.4.1992) (E.W.S.) by Social Security Act 1990 (c. 27, SIF 113:1) s. 17(10); S.I. 1992/632, art. 2
F3Words in s. 178(2)(gg) substituted (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 4, 7(2), Sch. 2 para. 107
F4s. 178(2)(i) substituted (in relation to tax for the year 1992-1993 and subsequent years subject as mentioned in s. 289 of the substituting Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289, 290, Sch. 10 para. 19(4) (with ss. 60, 101(1), 171, 201(3))
F5Words in s. 178(2)(m) inserted (16.7.1992 with effect in relation to transactions effected on or after 1.10.1992) by Finance (No. 2) Act 1992 (c. 48), s. 63, Sch. 11 paras. 5, 6
F6 “and” inserted by Finance Act 1990 (c. 29, SIF 58), s.118(8)
F7S. 178(2)(n) repealed (1.5.1995) by 1995 c. 4, s. 162, Sch. 29 Pt. XII
F8S. 178(2)(o) and word immediately proceeding it inserted (G.B.) by Ports Act 1991 (c. 52, SIF 58), s. 14(5).
Modifications etc. (not altering text)
C1S. 178 applied by Ports Act 1991 (c. 52, SIF 58), s. 14(4).
S. 178 applied (27.7.1993) by 1993 c. 34, s. 173, Sch. 19 Pt. II para. 11(4)
S. 178 applied (1.9.1994 with effect as mentioned in s. 199 of 1994 c. 9) by 1970 c. 9, s. 59C (as inserted by 1994 c. 9, s. 194)
C2 For regulations see S.I. 1989/1297 (inPart III Vol. 5).And see Tables Iand O Vol. 1
C3Power of appointment conferred by s. 178(7) partly exercised: 18.8.1989 appointed by S.I. 1989/1298 for all the enactments specified in s. 178(2) other than s. 87A of the 1970 Act and s. 826 of the 1988 Act
Marginal Citations