The Stamp Duty Reserve Tax (Amendment) Regulations 1993

Amendments to Part I of the Schedule

7.—(1) The Table in Part I of the Schedule (which applies the provisions of the Management Act specified in the first column of that Table subject to any modification specified in the second column of that Table) shall be amended as follows.

(2) After the entries relating to section 26 there shall be inserted—

“46A— (1) Omit paragraphs (a) and (b) and the words “General Commissioners or” in paragraph (c); and for the words “appeals or other proceedings under the Taxes Acts” substitute “an appeal against a determination”.

(2) —

(3) —

(4) —(1).”.

(3) After the entries relating to section 53 there shall be inserted—

“56B— (1) —

(2) Before the word “Commissioners” wherever it occurs insert “Special”.

(3) Before the word “Commissioners” in both places where it occurs insert “Special”.

(4) —

(5) —

(6) —

56C   —

56D   —

60   —(2).”.

(4) For the entries relating to section 63(3) there shall be substituted—

“63— (1) —

(2) —

63A— (1) —

(2) —.”.

(5) For the entry relating to section 65(1)(4) there shall be substituted—

“65— (1) For paragraphs (a) and (b) there shall be substituted “the amount of any tax for the time being due and payable is less than £1,000,”.”.

(6) For the entry relating to section 66(1)(5) there shall be substituted—

“66— (1) For the words “any assessment” substitute “the Act”.”.

(7) The entry relating to section 86(6)(6) shall be omitted.

(8) For the entries relating to subsections (2) and (5) of section 93(7) there shall be substituted—

“(2) For the words “comply with” substitute “give”; for the words the “year of assessment” to “it was served” substitute “a period of one year beginning on the last day on which the notice should have been given”; and for the words “so much of the tax” to the end substitute “the amount of the tax which he should have paid by the date by which he should have given the notice”.

(5) —.”.

(9) For the entry relating to section 98(8) there shall be substituted—

“98— (1) Omit the words “Subject to the provisions of this section and section 98A below,”.

(2) Omit the words “Subject to section 98A below”.

(3) —

(4) —

Table Omit the provisions specified in the first and second columns of the Table and the words at the end of the Table and insert the following provisions—

Section 23 of this Act;	The Stamp Duty Reserve Tax Regulations 1986 (other than regulation 4).
Section 25(1), (2), (3), (4), (5), (8) and (9) of this Act(9);
Section 26 of this Act;
Section 51 of this Act;
The Stamp Duty Reserve Tax Regulations 1986.”.

(10) For the entry relating to section 99(10) there shall be substituted—

“99   For the words “preparation or delivery” substitute “giving”; for the words “information, return, accounts or other document” substitute “notice under regulation 4, or any information under regulation 5, of the Stamp Duty Reserve Tax Regulations 1986”; and omit paragraph (a).”.

(11) For the entries relating to section 100(11) there shall be substituted—

“100— (1) Before the word “Commissioners” insert “Special”; and for the words “the Taxes Acts” substitute “this Act”.

(2) In paragraph (a) for the words “section 93(1) above” onwards substitute “section 93(1)(a) above, or”; omit paragraph (b); in paragraph (c) for the words “section 98(1) above” onwards substitute “section 98(1)(i) above”; omit paragraphs (d) and (e).

(3) —

(4) —

(5) —

100A— (1) —

(2) —

(3) Omit the words “in an assessment”.

100B— (1) For the words from “this Act” onwards substitute “the Stamp Duty Reserve Tax Regulations 1986 relating to appeals against determinations specified in notices under regulation 6 of those Regulations (“regulation 6 determinations”) shall have effect in relation to an appeal againstsuch a determination as they have effect in relation to appeals againstregulation 6 determinations”.

(2) Omit the words “section 50(6) to (8) of this Act shall not apply but”; and before the word “Commissioners” in both places where it occurs insert “Special”.

(3) For the words “section 56 of this Act” substitute “regulation 10 of the Stamp Duty Reserve Tax Regulations 1986”; and before the word “Commissioners” in both places where it occurs insert “Special”.

100C— (1) Omit the words “General or”.

(2) Before the word “Commissioners” insert “Special”.

(3) Before the word “Commissioners” insert “Special”; and omit the words “in an assessment”.

(4) —

(5) —

100D   —”.

(12) For the entries relating to section 103(12) there shall be substituted—

“103— (1) Omit the words “Subject to subsection (2) below” and the words “for any period”; and before the word “Commissioners” insert “Special”.

(3) —

(4) Before the word “Commissioners” insert “Special”.”.

(13) In the entries relating to subsections (1) and (2) of section 114(13), in the second column of the Table for the words “An assessment” in each place where they occur there shall be substituted the words “An assessment or determination”.

(1)

Section 46A was inserted by paragraph 3 of Schedule 16 to the Finance (No. 2) Act 1992 (c. 48).

(2)

Sections 56B, 56C and 56D were inserted by paragraph 4 of Schedule 16 to the Finance (No. 2) Act 1992.

(3)

Sections 63 and 63A were substituted for section 63 by paragraph 2 of Schedule 4 to the Debtors (Scotland) Act 1987 (c. 18), and section 63 as substituted was amended by section 154 of the Finance Act 1989 (c. 26).

(4)

Section 65(1) was amended by S.I. 1991/1625.

(5)

Subsections (1) and (3) of section 66 were amended, and subsection (2A) of that section was omitted, by Part 1 of the Schedule to the High Court and County Courts Jurisdiction Order 1991 (S.I. 1991/724 (L.5)), and Part II of that Schedule made similar amendments to those subsections as specified in the Schedule to the Stamp Duty Reserve Tax Regulations 1986.

(6)

Section 86 was substituted by section 46(1) of the Finance (No. 2) Act 1975 (c. 45), and subsection (6) of that section as substituted was amended by section 62 of the Finance Act 1980 (c. 48) and repealed by section 158 of, and Part VIII of Schedule 17 to, the Finance Act 1989 and S.I. 1993/753 (C.14).

(7)

Subsections (2) and (5) of section 93 were respectively substituted by subsections (3) and (4) of section 162 of the Finance Act 1989.

(8)

Subsections (1) to (4) of section 98 were amended by section 164 of the Finance Act 1989 and section 68(3) of the Finance Act 1990, and the Table was substituted by paragraph 9 of Schedule 29 to the Income and Corporation Taxes Act 1988 (c. 1).

(9)

Section 25 was amended by paragraph 8 of Schedule 18 to the Finance Act 1986, section 123(1) of the Finance Act 1989 and paragraph 2(4) of Schedule 10 to the Taxation of Chargeable Gains Act 1992 (c. 12).

(10)

Section 99 was substituted by section 166(1) of the Finance Act 1989.

(11)

Sections 100 to 100D were substituted for section 100 by section 167 of the Finance Act 1989; section 100 as substituted was amended by paragraph 3(2) of Schedule 11 to the Finance Act 1990.

(12)

Section 103 was substituted by section 169 of the Finance Act 1989.

(13)

Section 114 was amended by section 160(5) of the Finance Act 1989.