Finance Act 2001

• (3) In a case where HMRC are required to undertake a review under section 40C—

• (a) an appeal may not be made until the conclusion date, and

• (b) any appeal is to be made within the period of 30 days beginning with the conclusion date.

• (4) In a case where HMRC are requested to undertake a review by virtue of section 40E—

• (a) an appeal may not be made to an appeal tribunal—

• (i) unless HMRC have notified P, or the other person, as to whether or not a review will be undertaken, and

• (ii) if HMRC have notified P, or the other person, that a review will be undertaken, until the conclusion date;

• (b) any appeal where paragraph (a)(ii) applies is to be made within the period of 30 days beginning with the conclusion date;

• (c) if HMRC have notified P, or the other person, that a review will not be undertaken, an appeal may be made only if the appeal tribunal gives permission to do so.

• (5) In a case where section 40F(8) applies, an appeal may be made at any time from the end of the period specified in section 40F(6) to the date 30 days after the conclusion date.

• (6) An appeal may be made after the end of the period specified in subsection (1), (3)(b), (4)(b) or (5) if the appeal tribunal gives permission to do so.

• (7) In this section “conclusion date” means the date of the document notifying the conclusion of the review.

Deductions for business gifts: yearly limit

VAT: re-enactment of reduced-rate provisions

PRT: unrelievable field losses

PRT: allowable decommissioning expenditure

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Interpretation

Loss relief

Receipt of replacement value

Value received by other persons

Enquiry into personal, trustee or partnership return

Thermal insulation of industrial buildings

Finance Act 2000 (c.17)

Finance Act 2000 (c.17)

These repeals shall be deemed to have come into force in accordance with section 2(5) of this Act.

Value received by persons other than the investor

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Introductory

Trustees: anti-avoidance

Recovery of excessive tax credit

Exclusion of relief on loans to buy into investment LLP

Enquiry into personal, trustee or partnership return

Effect of return on recovery proceedings

Effect of return on recovery proceedings

Recovery of excessive tax credit

Enterprise zones

Consequential amendments of other enactments

Value Added Tax Act 1994 (c.23)

These repeals have effect in accordance with section 6(2) of this Act.

For sections 1 to 5 of the Betting and Gaming Duties Act 1981 (c. 63) (general betting duty: charge, rate and payment) substitute—

Duty paid in error

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Trustees: anti-avoidance

Commencement of Part 2

Meaning of “sale and finance leaseback”

Meaning of “sale and finance leaseback”

Enquiry into partnership return

Other amendments of the Taxes Management Act 1970

Value Added Tax Act 1994 (c.23)

These repeals shall be deemed to have come into force in accordance with section 2(5) of this Act.

Exemptions in relation to approved share incentive plans

PRT: unrelievable field losses

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Ring fence trades: special allowance for pre-cessation abandonment expenditure

Meaning of “sale and finance leaseback”

Enquiry into partnership return

Power to amend or correct personal or trustee return

These repeals have effect in accordance with section 6(2) of this Act.

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Ring fence trades: special allowance for pre-cessation expenditure

Thermal insulation of industrial buildings

Thermal insulation of industrial buildings

Enterprise zones

Enquiry into personal, trustee or partnership return

Effect of return on recovery proceedings

Other amendments of the Taxes Management Act 1970

These repeals shall be deemed to have come into force in accordance with section 2(5) of this Act.

Due date for payment after amendment or correction of return

These repeals shall be deemed to have come into force in accordance with section 2(5) of this Act.

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Error relating to rebate

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Loss relief

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Ring fence trades: special allowance for pre-cessation abandonment expenditure

Ring fence trades: allowances for post-cessation expenditure

Writing-down allowances: infrastructure from UK or non-UK oil fields

Ring fence trades: allowances for post-cessation expenditure

Enquiry into partnership return

Enquiry into company tax return

Procedure on completion of enquiry into personal or trustee return

Other amendments of the Taxes Management Act 1970

These repeals have effect in accordance with section 6(2) of this Act.

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Writing-down allowances: infrastructure from UK or non-UK oil fields

Writing-down allowances: infrastructure from UK or non-UK oil fields

Ring fence trades: meaning of “abandonment expenditure”

Ring fence trades: meaning of “abandonment expenditure”

Ring fence trades: allowances for post-cessation expenditure

Fixtures: purchasers of land and incoming lessees

These repeals shall be deemed to have come into force in accordance with section 2(5) of this Act.

30B

• (1) The Commissioners may by regulations make provision of the kind described in section 30(2) (entitlement to tax credit) in relation to cases within subsection (3) below.

• (2) Tax credit to which a person is entitled under the regulations is referred to in this section as “special tax credit”.

• (3) The cases are where—

• (a) a person has been charged with, and has fully accounted for, aggregates levy in respect of the commercial exploitation of a quantity of aggregate, and

• (b) the exploitation was of imported aggregate and occurred in Northern Ireland in the period defined in subsection (5).

• (4) For this purpose aggregate is “imported” if it was won from a site in a member State other than the United Kingdom.

• (5) The period mentioned in subsection (3)(b)—

• (a) begins with 1 April 2004, and

• (b) ends with 30 November 2010.

• (6) Regulations may in particular—

• (a) provide that a person is not entitled to special tax credit unless the Department of the Environment in Northern Ireland (“the Department”) has certified under section 30D(4) that it is satisfied that specified requirements were met in relation to the site from which the aggregate originates during a period which includes the time when the aggregate was won from the site (and the certification has not been revoked);

• (b) specify further conditions for entitlement to special tax credit;

• (c) make provision about the rate at which special tax credit is to be given (including provision restricting the amount of special tax credit in cases where entitlement to a tax credit has already arisen);

• (d) provide for compound interest at the applicable rate (see section 30C) to be treated as added, for such period and for such purposes as may be prescribed, to the amount of any special tax credit;

• (e) authorise the Commissioners to adjust a person's claim for special tax credit in specified circumstances.

• (7) Regulations under subsection (6)(a) may specify the requirements in question by reference to any provisions of a notice published by the Department in pursuance of the regulations and not withdrawn by a further notice.

• (8) Subsection (3) of section 30 (except paragraph (f) of that subsection) applies to regulations under this section as it applies to regulations under that section.

• (9) Section 32(1) (time limit for claims) does not apply to a claim for repayment of aggregates levy made under regulations under this section.

30C

• (1) The reference in section 30B(6)(d) to the applicable rate is to a rate provided for in regulations made by the Treasury.

• (2) Regulations under this section may—

• (a) provide for the rate to be determined, and to change from time to time, by reference to a rate referred to in the regulations;

• (b) include provision for different rates to apply at different times in a period for which interest is due to a person.

• (3) Regulations under this section are to be made by statutory instrument.

• (4) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of the House of Commons.

30D

• (1) A person may, for the purpose of making a claim for special tax credit, apply to the Department for a certification under subsection (4)(a).

• (2) The application must specify—

• (a) a site, and

• (b) a time (“the relevant time”).

• (3) Where a certification relating to a site has been wholly or partly revoked by virtue of subsection (7)(b), an application specifying that site may not specify a time falling within the period with respect to which the revocation has effect.

• (4) Where an application is made and the Department has not previously made a certification under paragraph (a) relating to both the specified site and a period that includes the relevant time, the Department must either—

• (a) certify that it is satisfied that any requirements specified by virtue of section 30B(6)(a) were met in relation to the site during a period (specified in the certification) that includes the relevant time, or

• (b) refuse the application.

• (5) If the Department makes a certification under subsection (4)(a) (a “special tax credit certification”) it must give a written notice of the certification to—

• (a) the applicant, and

• (b) HMRC.

• (6) Where an application is made and the Department has previously made a special tax credit certification relating to both the specified site and a period that includes the relevant time, the Department must give the applicant a written notice of that certification.

• (7) The Commissioners may by regulations—

• (a) make provision about the time within which an application under subsection (1) must be made and the form and content of such an application;

• (b) authorise the Department to revoke a special tax credit certification with respect to the whole or part of the period to which the certification relates if the Department is satisfied that its decision as regards the meeting of the relevant requirements (or that decision, so far as relating to the relevant part of that period) was not correct;

• (c) make any other provision that is necessary in connection with paragraph (b) and subsection (8);

• (d) provide that a revocation by virtue of paragraph (b) may not be made after a specified date.

• (8) A special tax credit certification is to be treated as never having had effect in relation to any period with respect to which it is revoked by virtue of subsection (7)(b).

• (9) Regulations under this section which make provision such as is mentioned in subsection (7)(b) must require the Department to inform the Commissioners, and any other person to whom the Department has given a written notice of the certification, if the Department revokes a special tax credit certification.

• (10) Any expenses of the Department under or by virtue of this section or section 30B are to be appropriated from the Consolidated Fund of Northern Ireland by Act of the Northern Ireland Assembly.

• (11) In this section “the Department” and “special tax credit” have the same meaning as in section 30B.

Landfill tax: rate

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Error relating to rebate

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Ring fence trades: allowances for post-cessation expenditure

Enquiry into partnership return

These repeals have effect in accordance with section 6(2) of this Act.

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Ring fence trades: special allowance for pre-cessation abandonment expenditure

Ring fence trades: allowances for post-cessation expenditure

Thermal insulation of industrial buildings

Enterprise zones

Meaning of “investment LLP” and “property investment LLP”

These repeals shall be deemed to have come into force in accordance with section 2(5) of this Act.

These repeals shall be deemed to have come into force in accordance with section 2(5) of this Act.

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Fixtures: purchasers of land and incoming lessees

These repeals have effect in accordance with section 6(2) of this Act.