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(This note is not part of the Order)
This Order appoints the day on which the provisions of Schedule 13 to the Finance (No. 3) Act 2010 (“Schedule 13”) come into force. It also makes transitional provision. Schedule 13 is comprised of 3 Parts. Part 1 amends provisions in the Customs and Excise Management Act 1979 (c. 2) (“CEMA”) about the obligations to keep records in relation to excise duties. Part 2 increases the time limits for assessments and claims across excise duties from 3 to 4 years to align them with the time limits for other taxes administered by Her Majesty’s Revenue and Customs. Part 3 amends CEMA powers enabling an officer of Revenue and Customs to carry out inspections when checking for excise duties. Part 3 also introduces a new information power.
Article 2 appoints 1st April 2011 as the day on which Schedule 13 comes into force.
Articles 3 to 8 contain transitional provisions for the purpose of changes to time limits for excise duties. These ensure that the changes made by Schedule 13 do not allow assessments and claims, etc. that are already out of time on 31st March 2008 to be brought back into time. The effect is that the 4-year time limit will not apply where the liability to duty arose on or before 31st March 2008.
A full Impact Assessment on compliance checking powers for excise duties was published by HMRC on 22nd June 2010 and is available from HMRC’s website at http;//www.hmrc.gov.uk/budget2010/modern-comp-checks-ia-5250.pdf.
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