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Finance Act 1989

Status:

This is the original version (as it was originally enacted).

Section 187.

SCHEDULE 17Repeals

Part ICustoms and Excise

ChapterShort titleExtent of repeal
The repeals of section 147(1) of the Customs and Excise Management Act 1979 and section 11(2) of the Finance Act 1988 have effect in relation to offences committed on or after the day on which this Act is passed.
1979 c. 2.The Customs and Excise Management Act 1979.Section 17(5)(a).
Section 147(1).
1979 c. 4.The Alcoholic Liquor Duties Act 1979.Section 73.
1988 c. 39.The Finance Act 1988.Section 11(2).

Part IIVehicles Excise Duty

ChapterShort titleExtent of repeal
1.

The repeals in paragraph 8 of Part I of Schedule 3 to the Vehicles (Excise) Act 1971 and paragraph 8 of Part I of Schedule 3 to the Vehicles (Excise) Act (Northern Ireland) 1972 come into force on the day on which this Act is passed.

2.

The remaining repeals have effect in relation to licences taken out after 14th March 1989.

1971 c. 10.The Vehicles (Excise) Act 1971.In Part I of Schedule 3, paragraph 5A, and in paragraph 8(2)(d) the words “any load other than”.
In Part I of Schedule 4, paragraphs 12 and 13,and in paragraph15(1) the definitions of “agricultural machine”, “fisherman’s tractor”, “mobile crane”, “recovery vehicle” and “works truck” and the word “and” preceding the last of those definitions.
1971 c. 68.The Finance Act 1971.Section 6(1).
1972 c. 10 (N.I.).The Vehicles (Excise) Act (Northern Ireland) 1972.In Part I of Schedule 3, paragraph 5A, and in paragraph 8(2)(d) the words “any load other than”.
In Part I of Schedule 4, paragraphs 12 and 13,and in paragraph15(1) the definitions of “agricultural machine”, “fisherman’s tractor”, “mobile crane”, “recovery vehicle” and “works truck” and the word “and” preceding the last of those definitions.
1976 c. 40.The Finance Act 1976.Section 14.
1982 c. 39.The Finance Act 1982.In Schedule 5, paragraph 16(6).
1987 c. 16.The Finance Act 1987.In Part II of Schedule 1, paragraph 4.
1988 c. 39.The Finance Act 1988.Section 4(3)(a).
In Part II of Schedule 2, paragraph 3.

Part IIIValue Added Tax

ChapterShort titleExtent of repeal
1.

The repeal of Group 6 of Schedule 5 to the Value Added Tax Act 1983 has effect in relation to supplies made on or after 1st April 1989.

2.

The remaining repeals have effect in accordance with Schedule 3 to this Act.

1983 c. 55.The Value Added Tax Act 1983.In Schedule 5, Group 6 and, in Group 8A, Note (5).
1984 c. 43.The Finance Act 1984.In Schedule 6, Part II.
S.I. 1986/704.The Value Added Tax (Land) Order 1986.The whole Order.
S.I. 1986/716.The Value Added Tax (Land) (No.2) Order 1986.The whole Order.
S.I. 1987 /1072.The Value Added Tax (Construction of Buildings) (No.2) Order 1987.Article 2.

Part IVIncome and Corporation Tax: General

ChapterShort titleExtent of repeal
1.

The repeals in sections 131 and 149 and of section 170 of the Income and Corporation Taxes Act 1988 have effect in accordance with section 42 of this Act.

2.

The repeals in sections 231 and 824 of the Income and Corporation Taxes Act 1988 have effect in accordance with sections 110 and 111 of this Act.

3.

The repeals in sections 433 to 435 of the Income and Corporation Taxes Act 1988 have effect in accordance with section 84(5) of this Act and the repeal of section 436(3)(b) of that Act has effect in accordance with section 87(5) of this Act.

4.

The repeals in sections 590, 595, 596 and 600 of, and in Schedule 23 to, the Income and Corporation Taxes Act 1988 have effect in accordance with Schedule 6 to this Act.

5.

The repeals in sections 635, 645 and 655 of the Income and Corporation Taxes Act 1988 have effect in accordance with Schedule 7 to this Act.

6.

The repeal of section 769(7)(b) and (c) of the Income and Corporation Taxes Act 1988 has effect in accordance with section 100 of this Act.

7.

The repeal in the Finance Act 1988 has effect in relation to offers made on or after 11th October 1988.

1970 c. 9.The Taxes Management Act 1970.In section 15(11), paragraph (b) and the word “and” preceding it.
1988 c. 1.The Income and Corporation Taxes Act 1988.In section 131(2), the words “for the same or another chargeable period”.
In section 149(1), the words “for that period” and the words “for that or any other period”.
Section 170.
Section 175(3).
In section 176(1), the words “(but not more than six months)”.
In section 178(2), paragraph (b) and the word “or” preceding it.
Section 203(4).
In section 231, in subsection (4) the words “and where” onwards, and subsection (5).
Section 433.
Section 434(4) and (5).
Section 435.
Section 436(3)(b).
Section 507(2).
In section 590(3)(d), the words “(disregarding any excess of that remuneration over the permitted maximum)”.
Section 595(2) and (3).
In section 596(3)(a), the word “either” and the words “or subsection (2)”.
In section 600(1), the words “or have been” and the words “or has at any time been”.
Section 635(4).
In section 645, in subsection (3), the word “and” following paragraph (a) and subsection (5).
In section 655(5), the words “in cases where the applications are made before 1st February 1990”.
Section 769(7)(b) and (c).
In section 824(10), the definition of “United Kingdom estate”.
In Schedule 8, in paragraph 7(1), the words “, or is an associate of a person who has,”; in paragraph 13, in sub-paragraph (1) the word “fixed” and sub-paragraphs (2) and (3); and, in paragraph 14, sub-paragraph (2), in sub-paragraph (5) the words “specified in, or” and sub-paragraph (7).
In Schedule 9, in paragraph 10, paragraph (ii) of sub-paragraph (c) and the word “and” preceding it.
In Schedule 23, paragraph 8.
1988 c. 39.The Finance Act 1988.In section 68(1), the words from “at the fixed price” to “tendered”.

Part V

ChapterShort titleExtent of repeal
1.

The repeal in section 98 of the Taxes Management Act 1970 and the repeal of paragraph 17 of Schedule 19 to the Income and Corporation Taxes Act 1988 have effect on and after the day on which this Act is passed.2. The repeal in section 89 of the Capital Gains Tax Act 1979 (and the corresponding repeal in Schedule 29 to the Income and Corporation Taxes Act 1988) have effect where the due date of issue of the share capital issued to a close company falls in an accounting period of the company beginning after 31st March 1989.3. The repeal of section 414(3) of the Income and Corporation Taxes Act 1988 has effect from 1st April 1989.

2.

The repeal in section 89 of the Capital Gains Tax Act 1979 (and the corresponding repeal in Schedule 29 to the Income and Corporation Taxes Act 1988) have effect where the due date of issue of the share capital issued to a close company falls in an accounting period of the company beginning after 31st March 1989.

3.

The repeal of section 414(3) of the Income and Corporation Taxes Act 1988 has effect from 1st April 1989.

4.

The repeal of sections 423 to 430 of, and Schedule 19 to, the Income and Corporation Taxes Act 1988 has effect in accordance with section 103 of this Act.

5.

The repeals in section 681 of the Income and Corporation Taxes Act 1988 have effect in relation to the income of bodies corporate for accounting periods beginning after 31st March 1989.

6.

The remaining repeals have effect in relation to accounting periods beginning after 31st March 1989.

1970 c. 9.The Taxes Management Act 1970.Section 29(2).
In section 31(3)(b), the words “426,”.
In the Table in section 98, in the first column, the reference to paragraph 17 of Schedule 19 to the principal Act.
In Schedule 3, in rule 8, the words from “or relating” to “Schedule 19 to the principal Act”.
1972 c. 41.The Finance Act 1972.In Schedule 24, paragraph 6.
1979 c. 14.The Capital Gains Tax Act 1979.In section 89(1), paragraph (b) and the word “or” preceding it.
1988 c. 1.The Income and Corporation Taxes Act 1988.In section 127(3), paragraph (b) and the word “or” preceding it.
In section 230, the word “either”, the words from “or to” to “Schedule 19” and the words “in either case”.
In section 239(7), the words “subsections (5) to (7) of section 430 and”.
In section 249(3), the words “and paragraph 12(1) to (3) of Schedule 19”.
In section 250(7), the words “and paragraph 12 of Schedule 19”.
Section 414(3).
In section 416(1), the words from “except” to “Schedule 19”.
Sections 423 to 430.
In section 539(1), the words “including tax under section 426”.
In section 681, in subsection (1), paragraph (b) and the word “and” preceding it and subsections (2) and (3).
Section 686(3) and (4).
Section 687(3)(b) and (c).
In section 701(8), the words “426(3)”.
Section 742(9)(d) and (10).
In section 825(1)(a), the words from “and any” to “430(7)(a)”.
In Schedule 4, paragraph 10(3).
In Schedule 8, in paragraph 7(3), the second “and”.
Schedule 19.
In Schedule 29, in the Table in paragraph 32, the entries relating to section 29(2) of the Taxes Management Act 1970 and sections 89(1)(b) and 136(10)(b) of the Capital Gains Tax Act 1979.
1988 c. 39.The Finance Act 1988.Section 102(2)(a).

Part VICapital Allowances

ChapterShort titleExtent of repeal
1.

The repeal in paragraph 7(1)(b) of Schedule 8 to the Finance Act 1971 has effect in cases where machinery or plant is brought into use on or after the day on which this Act is passed.

2.

The repeals in sections 68 and 87(4) of the Capital Allowances Act 1968 and in paragraphs 1 to 3 and 11 of Schedule 15 to the Finance Act 1986 have effect in relation to chargeable periods beginning on or after 6th April 1993.

3.

The repeal in section 521(5) of the Income and Corporation Taxes Act 1988 has effect in accordance with paragraph 27 of Schedule 13 to this Act.

4.

The repeals of the provisions listed in sub-paragraph (5) of paragraph 28 of Schedule 13 to this Act have effect in accordance with that paragraph.

1968 c. 3.The Capital Allowances Act 1968.Section 9(b).
Section 14.
Section 50.
Section 67(11).
In section 68, in subsections (1) and (3), the words “or forestry”, in each place where they occur, and in subsection (2), the words “and forestry income”.
Section 80.
In section 87(4), the words “or forestry”, in both places where they occur.
In section 92(5), the words “allowed or” and the words “balancing allowance or”.
Section 93(1) and (2).
Schedule 8.
1971 c. 68.The Finance Act 1971.In Schedule 8, paragraph 2 and, in paragraph 7, in sub-paragraph (1) the words “Subject to sub-paragraph (2) below” and the words from “by reason of” to the end of paragraph (b) and sub-paragraph (2).
1978 c. 42.The Finance Act 1978.In Schedule 6, paragraph 8.
1980 c. 48.The Finance Act 1980.In section 74(6), the words from the beginning to “and”.
In section 75(6), the words from the beginning to “and”.
1982 c. 39.The Finance Act 1982.In Schedule 12, paragraph 11.
1986 c. 41.The Finance Act 1986.Section 56(5).
In Schedule 15, in paragraphs 1 to 3, the words “or forestry”, in each place where they occur, in paragraph 7(3), the words “subject to paragraph 9 below”, and in paragraph 11, the words “and forestry income” and the words “or forestry income”.
1988 c. 1.The Income and Corporation Taxes Act 1988.In section 521(5), the words “within the terms of section 839”.

Part VIICapital Gains

ChapterShort titleExtent of repeal
1.

The repeal in the Finance Act 1973 has effect in accordance with section 130 of this Act.

2.

The repeal in section 142A of the Capital Gains Tax Act 1979 has effect in accordance with section 92 of this Act.

3.

The repeal of section 81 of the Finance Act 1982 has effect in relation to disposals on or after 6th April 1989 or, in the case of section 81(1)(b), assets acquired on or after that date.

4.

The repeal of section 64(2)(a) of the Finance Act 1984 has effect in accordance with section 139(1) of this Act.

5.

The repeal in section 97(2) of the Inheritance Tax Act 1984 has effect in accordance with section 138(7) of this Act.

6.

The repeal in the Finance (No.2) Act 1987 has effect in accordance with section 140 of this Act.

7.

The remaining repeals have effect in relation to disposals on or after 14th March 1989 (except that they shall not have effect in relation to such a disposal in a case where the enactment in question operates in consequence of relief having been given under section 79 of the Finance Act 1980 in respect of a disposal made before that date).

1973 c. 51.The Finance Act 1973.In section 38(3B)(a), the words “within the period of two years ending at the date of the disposal”.
1979 c. 14.The Capital Gains Tax Act 1979.Section 126(7)(b).
Section 142A(5)(c).
In Schedule 4, in paragraph 1(2), the words “at the rate of 50 per cent.,”, in paragraph 3(1), the words from “by virtue” to “(settled property)”, in paragraph 3(2), the words “at the rate of 50 per cent.,” and in paragraph 4(4), the words “(taking account” onwards.
1980 c. 48.The Finance Act 1980.Section 79.
1981 c. 35.The Finance Act 1981.Section 78.
Section 96(3)(e) and (4).
1982 c. 39.The Finance Act 1982.Sections 81 and 82.
1984 c. 43.The Finance Act 1984.Section 64(2)(a).
1984 c. 51.The Inheritance Tax Act 1984.In section 97(2), the words from “and in this section” to the end.
1986 c. 41.The Finance Act 1986.In section 58(2), paragraph (b) and the word “and” preceding it.
Section 101(2).
1987 c. 51.The Finance (No.2) Act 1987.Section 78.
1988 c. 1.The Income and Corporation Taxes Act 1988.In Schedule 29, in the Table in paragraph 32, the entry relating to section 126(7) of the Capital Gains Tax Act 1979.

Part VIIIManagement

ChapterShort titleExtent of repeal
1.

The repeals in sections 16, 53 and 98 of the Taxes Management Act 1970 have effect in accordance with section 164 of this Act.

2.

The repeals in sections 20 and 20B of the Taxes Management Act 1970 and section 126 of the Finance Act 1988 have effect with respect to notices given, or warrants issued, on or after the day on which this Act is passed.

3.

The repeals of sections 37 to 39, in section 40, of section 41 and in section 118 of the Taxes Management Act 1970 and in Schedule 3 to the Finance Act 1988 have effect in accordance with section 149 of this Act.

4.

The repeals in section 61 of the Taxes Management Act 1970 come into force on the day appointed under section 152(7) of this Act.

5.

The repeals in sections 86 and 87 of the Taxes Management Act 1970, the Finance (No.2) Act 1975, the Finance Act 1980 and sections 824 and 825 of the Income and Corporation Taxes Act 1988 have effect in accordance with section 158 of this Act.

6.

The repeal in the Finance Act 1982 has effect in accordance with section 156(4) of this Act.

7.

The repeal of subsection (2) of section 165 of this Act has effect in relation to failures beginning on or after the day appointed under that subsection.

1970 c. 9.The Taxes Management Act 1970.Section 16(6).
In section 20, subsections (4) and (5) and, in subsection (6), the words “and in relation” onwards.
In section 20B(7), the words from “to a person” to “daughter”.
Sections 37 to 39.
In section 40(2), the words “Subject to section 41 below,”.
Section 41.
In section 53(1), the words “and the reference” onwards.
In section 61(5), the words “within the said five days” and the words from “The costs” to “the collector, and”.
Section 62(3), so far as unrepealed.
Section 64(3), so far as unrepealed.
Section 70(5).
Section 86(6).
Section 87(4) and (5).
In section 98, in the Table, in column 1, in the entry relating to Part III of the Taxes Management Act 1970, the words “, except sections 16 and 24(2)” and the entry relating to section 481(5)(k) of the Income and Corporation Taxes Act 1988.
In section 118(1), the definition of “neglect”.
1973 c. 51.The Finance Act 1973.In Schedule 16A, paragraph 10.
1975 c. 45.The Finance (No.2) Act 1975.In section 47(1), the words “of not less than £25”.
1976 c. 24.The Development Land Tax Act 1976.In Schedule 8, paragraphs 17 and 18, so far as unrepealed.
1980 c. 48.The Finance Act 1980.Section 62.
1982 c. 39.The Finance Act 1982.Section 69.
1987 c. 51.The Finance (No.2) Act 1987.In section 84, subsections (1) to (3) and (5) to (8).
1988 c. 1.The Income and Corporation Taxes Act 1988.In section 824, in subsections (1)(a) and (b), the words “of not less than £25” and, in subsection (5), the words “of not less than £25” and paragraph (b) and the word “and” preceding it.
In section 825(2), the words “of not less than £100”.
In Schedule 19A, paragraph 10.
1988 c. 39.The Finance Act 1988.In section 126, subsection (1) and, in subsection (4)(b), the words “and (9)”.
In Schedule 3, paragraph 29.
1989 c. 26.The Finance Act 1989.Section 165(2).

Part IXStamp Duty: Insurance

ChapterShort titleExtent of repeal
These repeals have effect in accordance with section 173 of this Act.
54 & 55 Vict. c. 39.The Stamp Act 1891.Section 91.
Section 98(1).
Section 100.
Section 118.
In Schedule 1, paragraph (3) of the heading beginning “Bond, Covenant, or Instrument of any kind whatsoever”, the whole of the heading beginning “Insurance”, and the whole of the heading beginning “Policy of Life Insurance”.
4 & 5 Eliz. 2 c. 54.The Finance Act 1956.Section 38.
4 & 5 Eliz. 2 c. 11 (N.I.).The Finance Act (Northern Ireland) 1956.Section 6.
7 & 8 Eliz. 2 c. 58.The Finance Act 1959.In section 30(4), the words preceding paragraph (a) and the words following paragraph (c).
7 & 8 Eliz. 2 c. 9 (N.I.).The Finance Act (Northern Ireland) 1959.In section 5(4), the words preceding paragraph (a) and the words following paragraph (c).
1966 c. 18.The Finance Act 1966.Section 47.
1966 c. 21 (N.I.).The Finance Act (Northern Ireland) 1966.Section 5.
1970 c. 24.The Finance Act 1970.In Schedule 7, paragraphs 7(4) and 17.
1970 c. 21 (N.I.).The Finance Act (Northern Ireland) 1970.In Schedule 2, paragraphs 7(4) and 17.
1982 c. 39.The Finance Act 1982.Section 130.
1988 c. 1.The Income and Corporation Taxes Act 1988.In Schedule 14, in paragraph 3(4) the words from “and section 100” to the end.

Part XRates of Interest

ChapterShort titleExtent of repeal
These repeals have effect in accordance with section 178(7) of this Act.
1970 c. 9.The Taxes Management Act 1970.Section 89.
1970 c. 24.The Finance Act 1970.Section 30.
1970 c. 21 (N.I.).The Finance Act (Northern Ireland) 1970.Section 1(1) and (2).
1973 c. 51.The Finance Act 1973. In Schedule 16A, in paragraph 3(4), para-graph (a) and the word “and” following it and the words “they apply”.
1975 c. 22.The Oil Taxation Act 1975.In Schedule 2, in the Table in paragraph 1, the entry relating to section 89 of the Taxes Management Act 1970.
1975 c. 45.The Finance (No.2) Act 1975.Section 47(2).
1980 c. 1.The Petroleum Revenue Tax Act 1980.Section 2(3).
1984 c. 51.The Inheritance Tax Act 1984.Section 233(2) and (4).
1986 c. 41.The Finance Act 1986.Section 92(4) and (5).
In Schedule 19, paragraph 32.
1987 c. 51.The Finance (No.2) Act 1987.Section 89.
1988 c. 1.The Income and Corporation Taxes Act 1988.In section 824, subsection (1A), in subsection (2) the words “and (1A)” and in subsection (6) the words “Without prejudice to subsection (1A) above”.
In section 825, subsection (2A) and in subsection (5) the words “Without prejudice to subsection (2A) above”.
In Schedule 19A, in paragraph 3(4), para-graph (a) and the word “and” following it and the words “they apply”.
1988 c. 39.The Finance Act 1988.In Schedule 13, paragraphs 7(b) and (f) and 8.

Part XIBroadcasting

ChapterShort titleExtent of repeal
These repeals have effect on 1st January 1990.
1981 c. 68.The Broadcasting Act 1981.Section 32(4A).
In section 35(1)(b)(ii), the words “in the case of second category profits,”.
1982 c. 39.The Finance Act 1982.In section 144, subsections (1), (2), (4) and (5).
1984 c. 46.The Cable and Broadcasting Act 1984.Section 40(2).
In Schedule 5, in paragraph 40, sub-paragraphs (7), (8) and (9).
1986 c. 41.The Finance Act 1986.In Schedule 22, paragraph 1, and paragraphs 4 to 8.

Part XIIGovernment Stock: Redemption

ChapterShort titleExtent of repeal
So far as relating to stock registered in the National Savings Stock Register these repeals have effect on the coming into force of the first regulations made by virtue of section 3(1)(bb) of the National Debt Act 1972 and so far as relating to other stock and bonds they have effect on the coming into force of the first regulations made by virtue of section 47(1)(bb) of the Finance Act 1942.
11 and 12 Geo. 5 c. 32.The Finance Act 1921.Sections 50 and 51.
Schedule 3.
5 and 6 Geo. 6 c. 21.The Finance Act 1942.In Schedule 11, in Part II, the amendments of the Finance Act 1921.
9 and 10 Geo. 6 c. 64.The Finance Act 1946.Section 66.
1969 c. 48.The Post Office Act 1969.Section 108(1)(c).
1982 c. 41.The Stock Transfer Act 1982.Section 4.

Part XIIINational Savings

ChapterShort titleExtent of repeal
These repeals, apart from the repeal of section 5(2), (5) and (6) of the National Savings Bank Act 1971, come into force on 1st October 1989.
1971 c. 29.The National Savings Bank Act 1971.Section 5(2), (5), (6) and (7).
In section 26(2), paragraph (b) and the word “or” preceding it.
1982 c. 39.The Finance Act 1982.In Schedule 20, paragraph 4(2).

Part XIVTithe Redemption

ChapterShort titleExtent of repeal
These repeals have effect from the day appointed under section 187(2) of this Act.
26 Geo. 5 & 1 Edw. 8 c. 43.The Tithe Act 1936.Section 2(1).
In section 4(2), in paragraph (a) the words “the amount” onwards.
Section 7.
Part II.
Section 31(7).
In section 47(1), the definition of “interest date”.
In section 47(4), the words “of any stock, or”.
In Schedule 7, paragraph 3(a) of Part I, Part II, and paragraph 2 of Part III.
5 & 6 Geo. 6 c. 21.The Finance Act 1942.In Schedule 11, in Part I the entry relating to Redemption Stock and in Part II the amendment of the Tithe Act 1936.
14 & 15 Geo. 6 c. 62.The Tithe Act 1951.In section 8(2), the words from “which” to “Act”, and the words “and appended” onwards.
6 & 7 Eliz. 2 c. 55.The Local Government Act 1958.In Schedule 8, paragraph 15.
1968 c. 13.The National Loans Act 1968.In section 16(7), the words “Part II of the Tithe Act 1936”.
Section 16(9)(a).
In section 22(3), the words “Part II of the Tithe Act 1936”.
In Schedule 1, the entries relating to section 26 of the Tithe Act 1936.
1972 c. 65.The National Debt Act 1972.In section 15(1), the words “section 24 of the Tithe Act 1936”.
1979 c. 14.The Capital Gains Tax Act 1979.In Schedule 2, in Part II, the entry relating to securities issued under Part II of the Tithe Act 1936.

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