Search Legislation

Finance Act 2008

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

Finance Act 2008, SCHEDULE 46 is up to date with all changes known to be in force on or before 24 December 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. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Schedule 46:

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Section 157

SCHEDULE 46U.K.Government borrowing: alternative finance arrangements

IntroductionU.K.

1U.K.In this Schedule “regulations” means regulations under section 157.

2U.K.Paragraphs 3 to 14 do not limit the generality of the power conferred by section 157.

Alternative finance arrangements that are to be availableU.K.

3(1)Regulations may make provision about the kind or kinds of alternative finance arrangements that are to be available for raising money.U.K.

(2)That includes provision specifying, or about the specification of, available arrangements (or any aspect of available arrangements).

Terms, conditions and proceduresU.K.

4(1)Regulations may make provision about—U.K.

(a)the terms on which money is to be raised through alternative finance arrangements,

(b)the conditions subject to which money is to be raised through alternative finance arrangements, and

(c)the procedures for the raising of money through alternative finance arrangements.

(2)That includes provision specifying, or about the specification of, terms, conditions or procedures.

Decisions to raise money through alternative finance arrangementsU.K.

5(1)Regulations may make provision about decisions by the Treasury to raise money through alternative finance arrangements.U.K.

(2)Regulations under this paragraph may, in particular, make provision about considerations that may be, must be, or must not be, taken into account in—

(a)deciding the terms on which to raise money through alternative finance arrangements,

(b)deciding whether or not to raise money through alternative finance arrangements, or

(c)deciding what amount of money to raise through alternative finance arrangements.

Involvement of persons other than the TreasuryU.K.

6(1)Regulations may make provision about the involvement of persons other than the Treasury in the raising of money through alternative finance arrangements.U.K.

(2)Regulations under this paragraph may, in particular, make provision for the Treasury to enter into arrangements with other persons.

Ancillary arrangementsU.K.

7(1)Regulations may make provision about ancillary arrangements.U.K.

(2)Regulations under this paragraph may, in particular, make provision about the terms or conditions of ancillary arrangements (including terms or conditions about payments).

(3)That includes provision specifying, or about the specification of, terms or conditions.

(4)In this paragraph “ancillary arrangements” means arrangements that are connected with the raising of money through alternative finance arrangements (including arrangements to facilitate or enable money to be raised through alternative finance arrangements).

PropertyU.K.

8(1)Regulations may make provision about property to be employed in raising money through alternative finance arrangements.U.K.

(2)That includes provision—

(a)about selection of property,

(b)specifying, or about the specification of, property selected,

(c)about dealings with property, and

(d)about the holding of property.

(3)Regulations under sub-paragraph (2)(c) or (d) may, in particular, make provision about the terms on which property is to be dealt with or held (including terms about payments).

(4)That includes provision specifying, or about the specification of, terms or conditions.

(5)In this paragraph “property” includes land.

(6)In this paragraph a reference to a dealing with property includes—

(a)a transfer of property, and

(b)the creation or termination of a right, interest or estate in property (including a legal or equitable right, interest or estate).

Powers and dutiesU.K.

9U.K.Regulations may confer powers, or impose duties, on any person (including the Treasury, the Secretary of State or another Minister of the Crown).

LiabilitiesU.K.

10U.K.Regulations may make—

(a)provision for expenditure and other liabilities to be incurred in connection with raising money through alternative finance arrangements, and

(b)provision about how expenditure and other liabilities are to be met.

Money raisedU.K.

11(1)Regulations may make provision about the treatment of money raised through alternative finance arrangements.U.K.

(2)That includes provision specifying, or about the specification of, the account or fund into which money is to be paid.

Other legislationU.K.

12(1)Regulations may make modifications of any enactment.U.K.

(2)Regulations may provide that available alternative finance arrangements are to be treated for the purposes of any enactment—

(a)as an investment or security of a particular description, or

(b)as an investment or security listed on a particular stock exchange.

(3)In this paragraph—

  • available alternative finance arrangements” means alternative finance arrangements of a kind that, under regulations, are available for raising money;

  • enactment” means an enactment contained in an Act or other instrument;

  • modifications” includes amendments, repeals and revocations.

Things to be done otherwise than in regulationsU.K.

13(1)The power under paragraph 3(2), 4(2), 7(3), 8(2)(b) or (4), or 11(2) to make provision about the specification of the matter mentioned there may, in particular, be exercised so as to provide for the Treasury or any other person to specify that matter otherwise than in regulations.U.K.

(2)Regulations may provide for the Treasury or any other person to do anything else otherwise than in regulations.

14(1)This paragraph applies if regulations provide for a person to do something otherwise than in regulations.U.K.

(2)Regulations may make provision about considerations that may be, must be, or must not be, taken into account by a person in connection with the doing of that thing.

Regulations to be made by SIU.K.

15U.K.Regulations are to be made by statutory instrument.

Parliamentary scrutinyU.K.

16(1)A statutory instrument containing regulations that amend or repeal an enactment contained in an Act may not be made unless a draft has been laid before, and approved by resolution of, the House of Commons.U.K.

(2)Subject to that, a statutory instrument containing regulations is subject to annulment in pursuance of a resolution of the House of Commons (unless a draft of the statutory instrument has been approved by resolution of the House of Commons).

InterpretationU.K.

17(1)In this Schedule a reference to a person other than the Treasury includes a reference to—U.K.

(a)a body corporate established by or under regulations, and

(b)a company formed under the Companies Acts.

(2)For the purposes of sub-paragraph (1)(b), it does not matter—

(a)whether a company is formed specially in connection with the raising of money through alternative finance arrangements,

(b)whether a company is formed by the Treasury, or

(c)whether a company is independent of the Treasury.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources