(1)Any order made by the Treasury F1... under this Act and any regulations or rules under this Act shall be made by statutory instrument.
F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)An order to which this subsection applies shall be laid before the House of Commons; and unless it is approved by that House before the expiration of a period of 28 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 4 days.
(4)Subject to section 53(4), subsection (3) above applies to—
F3(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a)an order under section 5(4) [F4, 7A(6)] [F5or 28] [F5, 28 or 40A];
[F6(ab)an order under paragraph 5(7) of Schedule 4 substituting a lesser sum for the sum for the time being specified in paragraph 5(2)(a) of that Schedule;]
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)an order under this Act making provision—
(i)for increasing the rate of VAT in force [F7under section 2] at the time of the making of the order;
(ii)for excluding any VAT from credit under section 25;
[F8(iia)for varying Schedule 7A so as to cause VAT to be charged on a supply at the rate in force under section 2 instead of that in force under section 29A;]
(iii)for varying Schedule 8 or 9 so as to abolish the zero-rating of a supply or to abolish the exemption of a supply without zero-rating it;
[F9(ca)an order under section 43AA(1) if as a result of the order any [F10persons] would cease to be eligible to be treated as members of a group;]
(d)an order under section 51, except one making only such amendments as are necessary or expedient in consequence of provisions of an order under this Act which—
(i)vary Schedule [F117A,] 8 or 9; but
(ii)are not within paragraph (c) above;
(e)an order under section 54(4) or (8).
[F12(ea)an order under section 55A(13);]
[F13(eb)an order under section 77A(9) or (9A);]
[F14(f)an order under paragraph [F15B1, C1(4),] 1A(7)[F16, 2A(4)] [F17or 8A(7)] of Schedule 6;]
[F18(fa)an order under paragraph 3(4) of Schedule 10A;]
[F19(g)an order under paragraph 3 or 4 of Schedule 11A.]
[F20(4A)Where an order under section 2(2) is in force, the reference in subsection (4)(c)(i) of this section to the rate of VAT in force under section 2 at the time of the making of an order is a reference to the rate which would be in force at that time if no such order had been made.]
(5)A statutory instrument made under any provision of this Act except—
F21(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)an instrument as respects which any other Parliamentary procedure is expressly provided, or
(c)an instrument containing an order appointing a day for the purposes of any provision of this Act, being a day as from which the provision will have effect, with or without amendments, or will cease to have effect,
shall be subject to annulment in pursuance of a resolution of the House of Commons.
Textual Amendments
F1Words in s. 97(1) 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. 226(2)
F2S. 97(2) 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. 226(3)
F3S. 97(4)(aa) repealed (1.11.2001) by 2001 c. 9, s. 110, Sch. 33 Pt. III(1) note 1
F4Word in s. 97(4)(a) inserted (with effect in accordance with Sch. 36 para. 14(3) of the amending Act) by Finance Act 2009 (c. 10), Sch. 36 para. 9 (with Sch. 36 para. 19)
F5Words in s. 97(4)(a) substituted (17.12.2020 for specified purposes) by Taxation (Post-transition Period) Act 2020 (c. 26), s. 11(1)(e), Sch. 2 para. 7(3) (with Sch. 2 para. 7(7)-(9))
F7Words in s. 97(4)(c)(i) inserted (11.5.2001 with effect as mentioned in s. 99(9)(a) of the amending Act) by 2001 c. 9, s. 99, Sch. 31 para. 6(2)
F8S. 97(4)(c)(iia) inserted (11.5.2001) by 2001 c. 9, s. 99, Sch. 31 para. 6(3)
F9S. 97(4)(ca) inserted (22.7.2004) by Finance Act 2004 (c. 12), s. 20(5)
F10Word in s. 97(4)(ca) substituted (1.11.2019) by Finance Act 2019 (c. 1), s. 53(2), Sch. 18 para. 12; S.I. 2019/1348, reg. 2
F11Words in s. 97(4)(d)(i) inserted (11.5.2001) by 2001 c. 9, s. 99, Sch. 31 para. 6(4)
F12S. 97(4)(ea) inserted (1.6.2007) by Finance Act 2006 (c. 25), s. 19(6)(8); S.I. 2007/1419, art. 2
F13S. 97(4)(eb) inserted (19.7.2007) by Finance Act 2007 (c. 11), s. 98(2)
F14S. 97(4)(f) inserted (22.7.2004) by Finance Act 2004 (c. 12), s. 22(4)
F15Words in s. 97(4)(f) inserted (with effect in accordance with Sch. 38 para. 7(1) of the amending Act) by Finance Act 2013 (c. 29), Sch. 38 para. 5(a)
F16Words in s. 97(4)(f) inserted (with effect in accordance with Sch. 38 para. 7(1) of the amending Act) by Finance Act 2013 (c. 29), Sch. 38 para. 5(b)
F17Words in s. 97(4)(f) inserted (with effect in accordance with s. 200(8) of the amending Act) by Finance Act 2012 (c. 14), s. 200(4)
F18S. 97(4)(fa) inserted (19.7.2006) by Finance Act 2006 (c. 25), s. 22(2)
F19S. 97(4)(g) inserted (22.7.2004 for specified purposes, 1.8.2004 in so far as not already in force) by Finance Act 2004 (c. 12), s. 19(2), Sch. 2 para. 6; S.I. 2004/1934, art. 2
F20S. 97(4A) inserted (with effect in accordance with Sch. 3 para. 11 of the amending Act) by Finance Act 2009 (c. 10), Sch. 3 para. 25(3)
F21S. 97(5)(a) omitted (with effect in accordance with art. 1(3)(b) of the amending S.I.) by virtue of The Finance Act 2009, Sections 101 and 102 (Value Added Tax) (Late Payment Interest and Repayment Interest) (Exceptions and Consequential Amendments) Order 2022 (S.I. 2022/1298), arts. 1(3)(a), 3(15)
Modifications etc. (not altering text)
C1S. 97 extended (27.7.1999) by 1999 c. 16, s. 13(6)