SCHEDULES

SCHEDULE 17Stamp duty land tax: General and Special Commissioners, appeals and other proceedings

General or Special Commissioners: jurisdiction

3

1

Where the General or Special Commissioners have jurisdiction in respect of a matter, the Lord Chancellor may make regulations for determining—

a

whether the General or Special Commissioners, or both of them, are to have the jurisdiction, and

b

if both of them are to have the jurisdiction, how it is to be divided between them.

2

Where the General Commissioners have jurisdiction in respect of a matter, the General Commissioners for that division which is determined in accordance with regulations made by the Lord Chancellor under this paragraph are to have the jurisdiction.

3

The Lord Chancellor may make regulations—

a

providing that, in certain circumstances, the Special Commissioners are to have jurisdiction in respect of a matter instead of the General Commissioners or the General Commissioners are to have jurisdiction instead of the Special Commissioners;

b

providing that, in certain circumstances, the General Commissioners for one division are have to jurisdiction in respect of a matter instead of the General Commissioners for another division.

F14

The Lord Chancellor may make regulations under this paragraph only after consulting all of the following—

a

the Lord Chief Justice of England and Wales;

b

the Lord President of the Court of Session;

c

the Lord Chief Justice of Northern Ireland.

5

The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph.

6

The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this paragraph.

7

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

b

a Lord Justice of Appeal (as defined in section 88 of that Act).