3. Paragraph 2 of Schedule 6A to the Value Added Tax Act 1983(1) shall be amended by adding after sub-paragraph (7) the following sub-paragraphs—
“(8) Sub-paragraph (4) above shall not apply in relation to any election having effect from any day on or after 1st January 1992, except in respect of the input tax on a supply or importation which took place before 1st August 1989.
(9) Where a person has made an exempt grant in relation to any land and has made an election in relation to that land which has effect from any day before 1st January 1992, he may apply to the Commissioners for sub-paragraph (4) above to be disapplied in respect of any input tax on a supply or importation which took place on or after 1st August 1989, but the Commissioners shall only permit the disapplication of that sub-paragraph if they are satisfied, having regard to all the circumstances of the case, and in particular to—
(a)the total value of—
(i)exempt grants made,
(ii)taxable grants made or expected to be made,
(b)the total amount of input tax in relation to the land which had been incurred before the day from which the election had effect, in paragraph (b) above will be secured.”.
1983 c. 55; Schedule 6A was inserted by paragraph 6(2) of Schedule 3 to the Finance Act 1989 (c. 26).