SCHEDULE 1Consequential Amendments and Supplemental Provisions – Primary Legislation

Finance Act 2001I1306

1

Section 42 (determinations on appeal) is amended as follows.

2

In subsection (1)—

a

for “41” substitute “40”; and

b

in paragraph (a) omit “made, confirmed or treated as confirmed by the Commissioners on a review under section 40 above (“the original assessment”)”.

3

In subsection (2)—

a

for “41” substitute “40”; and

b

in paragraph (b)—

i

after “tribunal,” insert “a review or”; and

ii

after “decision” insert “as appropriate”.

4

In subsection (3) for “41” substitute “40”.

5

In subsection (4)—

a

for the first occurrence of “41” substitute “40”; and

b

for “at such rate as the tribunal shall determine” substitute “at the rate applicable under section 197 of the Finance Act 1996”.

6

In subsection (5)—

a

for “41” substitute “40”; and

b

for “at such rate as the tribunal shall determine” substitute “at the rate applicable under section 197 of the Finance Act 1996”.

7

In subsection (6)—

a

in paragraph (a) for “41” substitute “40”,

b

for the words after paragraph (b) substitute—

  • it shall be paid with interest at the rate applicable under section 197 of the Finance Act 1996

8

After subsection (6) insert—

6A

Interest under subsection (6) shall be paid without any deduction of income tax.

9

For subsection (7) substitute—

7

Sections 85 and 85B of the Value Added Tax Act 1994 (settling of appeals by agreement and payment of tax where there is a further appeal)160 shall have effect as if—

a

the references to section 83 of that Act included references to section 40 above, and

b

the references to value added tax included references to aggregates levy.