Part IU.K.Customs and excise

1

(1)–(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(6)(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(8)(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

2

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(4)–(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

3 Replacement by tobacco products duty of other tobacco duties. U.K.

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(2)If it is shown to the satisfaction of the Commissioners that any tobacco which has borne duty under section 4 of [F6the M1Finance Act 1964] on or after 10th May 1976 has been or will be used in the manufacture of tobacco products chargeable with duty under section 4 of [F6the M2Finance Act 1976] on or after the said 1st January [F7or under section 2 of the M3Tobacco Products Duty Act 1979 on or after 1st April 1979], they shall make a repayment at the appropriate rate specified in Schedule 3 to this Act in respect of the duty borne by that tobacco as aforesaid; and the rate per pound at which drawback is allowable on tobacco in respect of which a repayment has been made under this subsection shall be reduced by an amount equal to the rate per pound at which the repayment was made.

(3)Drawback in respect of any duty charged under section 4 of the said Act of 1964 shall not be allowed by virtue of any event occurring after 30th June 1978; but if it is shown to the satisfaction of the Commissioners after that date—

(a)that any tobacco which has borne duty under that section has been used in the manufacture of products which have become unmerchantable through natural causes; and

(b)that no drawback or repayment in respect of the duty has been allowed or made under any other provision,

the Commissioners shall repay the duty to the manufacturer, but any such repayment shall be conditional on the products being disposed of in such manner as the Commissioners may require.

(4)Part V of the Customs and Excise Act 1952 (which contains provisions for the collection and management of the duties charged by section 4 of the said Act of 1964 and for the protection of the revenue arising from them) shall cease to have effect on 1st January 1978 except as respects drawback by virtue of events occurring on or before the date mentioned in subsection (3) above.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8U.K.

5 Vehicles excise duty : Great Britain.U.K.

F9(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2), (3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

F9(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F126. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

7 Units and methods of measurement in customs and excise Acts.U.K.

(1)The Treasury may by order amend the customs and excise Acts for the purpose of—

(a)replacing any unit of measurement by a metric unit;

(b)replacing the proof system of ascertaining the alcoholic strength of spirits and other liquids by a system of measurement by reference to percentages of alcohol by volume;

(c)replacing any temperature expressed in degrees Fahrenheit by a temperature expressed in degrees Celsius;

(d)replacing any pressure expressed in atmospheres by a pressure expressed in millibars.

(2)Any amendment of an enactment under this section shall be such as to preserve the effect of the enactment except to such extent as the Treasury consider necessary to enable a substituted unit or method of measurement to be applied in a convenient and suitable manner.

(3)An order under this section may contain such transitional and other supplementary provisions as the Treasury think necessary.

(4)The power to make orders under this section includes power to vary or revoke a previous order and shall be exercisable by statutory instrument.

(5)Subject to subsection (6) below, any order under this section shall be laid before the House of Commons after being made; and unless it is approved by that House before the expiration of twenty-eight days beginning with the date on which it was made, it shall cease to have effect on the expiration of that period, but without prejudice to anything previously done thereunder or to the making of a new order.

In reckoning any such period no account shall be taken of any time during which Parliament is dissolved or prorogued or during which the House of Commons is adjourned for more than four days.

(6)Subsection (5) above shall not apply to any order containing a statement by the Treasury that the order does not involve a greater charge to duty or a reduction of any relief, drawback, rebate or allowance; and any such order shall be subject to annulment in pursuance of a resolution of the House of Commons.

8, 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13U.K.

10 Duties or levies on goods passing into free circulation etc.U.K.

(1)In any case where—

(a)goods which are not for the time being in free circulation in member States are imported into the United Kingdom from another member State, and

(b)in accordance with the Treaties the goods either are allowed to be put on the market in the United Kingdom or to be destroyed or otherwise cease to be subject to special arrangements involving the suspension of, or the giving of relief from, duties or levies in another member State,

then, in such circumstances as may be prescribed, duties of customs or levies shall be charged on or in respect of the goods by virtue of this section.

(2)Any question whether goods are at any time in free circulation in member States shall be determined in accordance with the Treaties.

(3)The amount of the duty of customs or levy which, in any particular prescribed circumstances, is charged on or in respect of any goods by virtue of this section shall be such as, in accordance with the Treaties, may either be prescribed or determined in a prescribed manner.

(4)Duties of customs charged by virtue of this section shall be treated as Community customs duties charged under subsection (1) of section 5 of the M4European Communities Act 1972 and levies charged by virtue of this section shall be treated as agricultural levies, as defined in subsection (8) of section 6 of that Act; and the provisions of, and of the enactments referred to in, [F14the said section 6] shall apply accordingly.

(5)In this section “prescribed” means prescribed by regulations [F15made by statutory instrument by the Commissioners which shall be subject to annulment in pursuance of a resolution of either House of Parliament].

(6)This section and, except in so far as any such regulations otherwise provide, any regulations made under it shall have effect in relation to goods imported into the United Kingdom on or after 1st July 1977.

11 Recovery of duty etc. due in other member States. O.J. No. L73/18.U.K.

(1)This section applies where, in accordance with the Directive of the Council of the European Communities dated 15th March 1976 No. 76/308/EEC, an authority in a member State makes a request for the recovery in the United Kingdom of any sum claimed by that authority in that State.

(2)Subject to the following provisions, where this section applies the Commissioners or the Intervention Board for Agricultural Produce may recover the sum specified in the request as if it were a debt due to the Crown.

(3)Proceedings for the recovery of any sum under this section shall be stayed if the defendant satisfies the court that proceedings relevant to his liability on the claim in relation to which the request has been made are pending, or are about to be instituted, before a court, tribunal or other competent body in the member State in question; but any such stay may be removed if the proceedings in the member State are not prosecuted or instituted with reasonable expedition.

(4)It shall be a defence to proceedings under this section for the defendant to show that a final decision on the claim has been given in his favour by a court, tribunal or other competent body in the member State in question; and if he shows that such a decision has been given in respect of part of the claim it shall be a defence to the proceedings in so far as they relate to that part.

(5)For the purposes of subsection (3) above proceedings shall be regarded as pending so long as an appeal may be brought against any decision in the proceedings; and for the purposes of subsection (4) above a final decision is one against which no appeal lies or against which an appeal lies within a period which has expired without an appeal having been brought.

(6)In proceedings under this section any averment in the pleadings that a request has been made as mentioned in subsection (1) above for the recovery of the sum which is the subject of the proceedings shall be conclusive evidence of that fact; and except as provided in subsection (4) above no question shall be raised in any such proceedings as to the defendant’s liability on the claim in relation to which the request has been made.

(7)In relation to proceedings under this section in Scotland—

(a)the reference in subsection (3) above—

(i)to proceedings being stayed shall be construed as a reference to their being sisted;

(ii)to a stay being removed shall be construed as a reference to a sist being recalled; and

(b)the references in subsections (3), (4) and (6) above to a defendant shall be construed as references to a defender.

(8)This section shall not have effect in relation to a request for the recovery of any sum which became due before 15th March 1976.

12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16U.K.

13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17U.K.

Part IIU.K.

14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18U.K.

15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19U.K.

16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20U.K.

PART IIIU.K. INCOME TAX, CORPORATION TAX AND CAPITAL GAINS TAX

17–39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21U.K.

40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22U.K.

F2341. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

F2442. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25U.K.

44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26U.K.

45–48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27U.K.

Part IVU.K. CAPITAL TRANSFER TAX

49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28U.K.

50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29U.K.

[F3051

(1)Paragraph 19 of Schedule 5 to the Finance Act 1975 (trusts for mentally disabled persons) shall be amended as follows.

(2)In sub-paragraph (1) after the words “a mentally disabled person" there shall be inserted the words “ or of a person in receipt of an attendance allowance".

F31(3)(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) At the end of Sub-paragragh (4) there shall be added the words “and“ attendance allowance" means an allowance under section 35 of the Social Security Act 1975 or the Social Security (Northern Ireland) Act 1975"]

F3252,53.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

PART VU.K. MISCELLANEOUS AND SUPPLEMENTARY

54 Petroleum revenue tax.U.K.

(1)After paragraph 6 of Schedule 3 to the M5Oil Taxation Act 1975 there shall be inserted—

6AWhere the whole or part of the share of a participator (“the transferor") of oil won from an oil field became the share, or part of the share, of another participator (“the transferee") in pursuance of an agreement between them under which the transferor undertook to remain responsible for carrying out the transferee’s obligations in connection with the field so far as they relate to the transferred share or part, then, for the purposes of this Part of this Act—

(a)the shares of the transferor and the transferee of oil won from the field shall be taken to be the same as they would have been if the transfer had not occurred, and

(b)any oil comprised in the transferred share or part and taken up by or on the authority of the transferee in pursuance of the agreement shall be regarded as being disposed of and delivered to him by the transferor at the time when it is taken up.”.

(2)In the said paragraph 6, in sub-paragraph (1), for the words “another person (in this paragraph referred to as “the owner")" there shall be substituted the words “a person (in this paragraph referred to as “the owner") who is not a participator and".

55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33U.K.

56 Annuities under Tithe Acts 1936 and 1951.U.K.

The amount payable on 1st October 1977 on account of any annuity under the Tithe Acts 1936 and 1951 shall be double what it would be apart from this section; and as from 2nd October 1977 all annuities then charged under those Acts shall be extinguished.

57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34U.K.

58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35U.K.

59 Citation, interpretation, construction and repeals.U.K.

(1)This Act may be cited as the Finance Act 1977.

(2)In this Act “the Taxes Act” means the Income and Corporation Taxes Act 1970.

(3)In this Act—

(a)Part I (except sections 5 and 6) shall be construed as one with [F36such of the Customs and Excise Acts 1979 as the provision in question requires.]

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37

(c)Part III, so far as it relates to income tax, shall be construed as one with the Income Tax Acts, so far as it relates to corporation tax shall be construed as one with the Corporation Tax Acts . . . F38

(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39

(4)Except so far as the context otherwise requires, any reference in this Act to any enactment shall be construed as a reference to that enactment as amended, and as including a reference to that enactment as applied, by or under any other enactment, including this Act.

(5)The enactments mentioned in Schedule 9 to this Act (which include spent enactments) are hereby repealed to the extent specified in the third column of that Schedule, but subject to any provision at the end of any Part of that Schedule.

SCHEDULES

SCHEDULES 1,2U.K. . . . F40

Section 3.

SCHEDULE 3U.K. Rates of Repayment under section 3

SCHEDULES 4, 5U.K. . . . F41

SCHEDULE 6U.K. . . . F42

SCHEDULES 7,8U.K. . . . F43

Section 59.

SCHEDULE 9U.K. REPEALS

Part IU.K. Customs and Excise

1U.K.The repeal in section 255A of the Customs and Excise Act 1952 takes effect on such day as may be appointed by regulations under section 8 of this Act.

2U.K.The repeals in the Import Duties Act 1958 (except section 10(2)), the Finance Act 1959, the Finance Act 1965 and the Finance Act 1971 take effect on 1st July 1977.

3U.K.The repeals in the Finance (No. 2) Act 1975 and of section 14(3) of the Finance Act 1976 take effect on 30th March 1977.

Part IIU.K. Tobacco

The above repeals take effect on 1st January 1978 but do not affect drawback by virtue of events occurring on or before 30th June 1978.

Part IIIU.K. Value Added Tax

The above repeals take effect on 1st January 1978.

Part IVU.K. Child Benefit etc.

1U.K.The repeal of section 32(2), (3)(a) and (d), (4), (5) and (6) of the Finance Act 1976 shall be deemed to have come into force on 4th April 1977.

2U.K.The repeal of the other provisions mentioned above does not affect their operation in relation to any allowance or benefit payable in respect of a period before 4th April 1977.

Part VU.K. Annuities under Tithe Acts 1936 and 1951

The repeal of the above enactments takes effect on 2nd October 1977 and does not affect their operation in relation to any payment made or required to be made before that date.

Part VIU.K. Miscellaneous

1U.K.The repeal of section 185 of the Income and Corporation Taxes Act 1970 has effect for the year of assessment 1977-78 and subsequent years of assessment.

2U.K.The repeal of section 13 of the Finance Act 1973 does not affect relief for any year of assessment before the year 1977-78.

3U.K.The repeals in the Finance Act 1974 have effect for the year of assessment 1977-78 and subsequent years of assessment.

4U.K.The repeal of section 30(1) of the Finance Act 1976 does not affect relief for any year of assessment before the year 1977-78.

5U.K.The repeal of section 63(7) of the Finance Act 1976 has effect for the year of assessment 1977-78 and subsequent years of assessment.