Part III Miscellaneous and General

Interest etc.

C1C5C4178 Setting of rates of interest.

C21

The rate of interest applicable for the purposes of an enactment to which this section applies shall be the rate which for the purposes of that enactment is provided for by regulations made by the Treasury under this section.

2

This section applies to—

F1aa

section 15A of the Stamp Act 1891;

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,

F22e

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

f

F2sections 59C, 86, 86A, 87, 87A, F388, 103A of the M5Taxes Management Act 1970,

g

paragraph 3 of Schedule 16A to the M6Finance Act 1973,

F23ga

section 48(1) of the Finance Act 1975,

F4gg

F5paragraph 6 of Schedule 1 to the Social Security Contributions and Benefits Act 1992,

F6gh

section 71(8A) of the M7 Social Security Administration Act 1992, and section 69(8A) of the M8 Social Security Administration (Northern Ireland) Act 1992, as they have effect in any case where the overpayment was made in respect of working families’ tax credit or disabled person’s tax credit;

h

paragraphs 15 and 16 of Schedule 2, and paragraph 8 of Schedule 5, to the M9Oil Taxation Act 1975,

F7i

section 283 of the M10Taxation of Chargeable Gains Act 1992;

j

paragraph 59 of Schedule 8 to the M11Development Land Tax Act 1976,

k

sections 233F24, 235(1) and 236(3) and (4) of the M12Inheritance Tax Act 1984,

l

section 92 of the Finance Act 1986, and

m

sections F8. . . F19... 824, 825 and 826 of, F9and paragraph 6B of Schedule 3 to and paragraph 3 of Schedule 19A to, the M13Taxes Act 1988. F10and

F11n

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F12and

o

section 14(4) of the Ports Act 1991.

F13p

paragraph 8 of Schedule 4 to the Tax Credits Act 1999., F20...

F14F18q

section 110 of the Finance Act 1999.

F15q

paragraph 8 of Schedule 1 to the Employment Act 2002.

F16r

paragraph 8 of Schedule I to the Employment (Northern Ireland) Order 2002.F17, and

s

Chapter 7 of Part 3 of the Income Tax (Earnings and Pensions) Act 2003.

F21t

sections 87, 88 and 89 of the Finance Act 2003.

3

Regulations under this section may—

a

make different provision for different enactments or for different purposes of the same enactment,

b

either themselves specify a rate of interest for the purposes of an enactment or make provision for any such rate to be determined by reference to such rate or the average of such rates as may be referred to in the regulations,

c

provide for rates to be reduced below, or increased above, what they otherwise 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 or down,

e

provide for circumstances in which alteration of a rate of interest is or is not to take place, and

f

provide that alterations of rates are to have effect for periods beginning on or after a day determined in accordance with the regulations in relation to interest running from before that day as well as from or from after that day.

4

The power to make regulations under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of the House of Commons.

F255

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

F266

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

C37

Subsection (1) shall have effect for periods beginning on or after such day as the Treasury may by order made by statutory instrument appoint and shall have effect in relation to interest running from before that day as well as from or from after that day; and different days may be appointed for different enactments.