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Version Superseded: 11/07/2023
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Finance Act 1994, Section 74 is up to date with all changes known to be in force on or before 15 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)The power to make an order under section 61 above shall be exercisable by the Commissioners, and the power to make an order under any other provision of this Part shall be exercisable by the Treasury.
(2)Any power to make regulations under this Part shall be exercisable by the Commissioners.
(3)Any power to make an order or regulations under this Part shall be exercisable by statutory instrument.
(4)An order under section[F1 51A ][F2, 71 or 72] above 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 under the order or to the making of a new order.
(5)In reckoning any such period as is mentioned in subsection (4) above 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)A statutory instrument containing an order or regulations under this Part (other than an order under section [F351A ][F4, 71 or 72] above) shall be subject to annulment in pursuance of a resolution of the House of Commons.
(7)Any power to make an order or regulations under this Part—
(a)may be exercised as regards prescribed cases or descriptions of case;
(b)may be exercised differently in relation to different cases or descriptions of case.
(8)An order or regulations under this Part may include such supplementary, incidental, consequential or transitional provisions as appear to the Treasury or the Commissioners (as the case may be) to be necessary or expedient.
(9)No specific provision of this Part about an order or regulations shall prejudice the generality of subsections (7) and (8) above.
Textual Amendments
F1Words in s. 74(4) inserted (19.3.1997 with effect as mentioned in s. 24 of the amending Act) by 1997 c. 16, s. 22(2)(a)
F2Words in s. 74(4) substituted (8.4.2010) by Finance Act 2010 (c. 13), s. 51(5)
F3Words in s. 74(6) inserted (19.3.1997 with effect as mentioned in s. 24 of the amending Act) by 1997 c. 16, s. 22(2)(b)
F4Words in s. 74(6) substituted (8.4.2010) by Finance Act 2010 (c. 13), s. 51(5)
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