An Act to grant certain duties, to alter other duties, and to amend the law relating to the National Debt and the Public Revenue, and to make further provision in connection with Finance.
[1st August 1958]
Commencement Information
I1Act partly in force at Royal Assent, partly retrospective, see individual sections; all provisions so far as unrepealed wholly in force at 1.2.1991.
An Act to grant certain duties, to alter other duties, and to amend the law relating to the National Debt and the Public Revenue, and to make further provision in connection with Finance.
[1st August 1958]
Extent Information
E1For the extent of this Act see s. 40(4)
Textual Amendments
F1Ss. 1, 2 repealed by Purchase Tax Act 1963 (c. 9), Sch. 4 Pt. I
Textual Amendments
F2S. 3 repealed by Finance Act 1960 (c. 44), Sch. 8 Pt. I
Textual Amendments
F3Ss. 4, 5 repealed by Finance Act 1964 (c. 49), Sch. 9
Textual Amendments
F4S. 6 repealed by Alcoholic Liquor Duties Act 1979 (c. 4), Sch. 4 Pt. I
Textual Amendments
F5Ss. 7–9 repealed by Vehicles (Excise) Act 1962 (c. 13), Sch. 8
Textual Amendments
Textual Amendments
F7S. 11 repealed by Dog Licences Act 1959 (c. 55), Sch.
Textual Amendments
Textual Amendments
F9Ss. 25–27 repealed by Finance Act 1965 (c. 25), s. 97(5), Sch. 22 Pt. V
Textual Amendments
F10S. 28 repealed by Finance Act 1969 (c. 32), s. 61(6), Sch. 2 Pt. V
Textual Amendments
F11Ss. 29–33 repealed by Finance Act 1975 (c. 7), ss. 50, 52(2)(3), 59(5), Sch. 13 Pt. I
(1)—(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12
(4)References in this section to an instrument being certified at a particular amount mean that it contains a statement certifying that the transaction effected by the instrument does not form part of a larger transaction or series of transactions in respect of which the amount or value, or aggregate amount or value, of the consideration exceeds that amount; and for this purpose—
(a)any sale or contract or agreement for the sale of goods, wares or merchandise shall be disregarded in the case either—
(i)of an instrument chargeable under the said heading “Conveyance or Transfer on sale”, other than an actual conveyance or transfer of the goods, wares or merchandise (with or without other property); or
(ii)of an instrument chargeable by reference to that heading under section fifty-nine of the M1Stamp Act 1891 (which makes a contract or agreement for sale of certain property chargeable with duty as if it were an actual conveyance on sale); and
(b)any such statement as aforesaid shall be construed as leaving out of account any matter which in accordance with paragraph (a) of this subsection is to be disregarded.
(5)—(7) . . . F12
(8).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13
(9), (10).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14
Textual Amendments
F12S. 34(1)–(3)(5)–(7) repealed by Finance Act 1963 (c. 25), Sch. 14 Pt. IV
F13S. 34(8) repealed by Finance Act 1970 (c. 24), Sch. 8 Pt. V
F14S. 34(9) (10) repealed by Finance Act 1963 (c. 25), Sch. 14 Pt. IV
Marginal Citations
(1)—(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15
[F16(4)In section seventy-four of the Finance Act, 1952 (which relieves from stamp duty certain transfers of water undertakings and other property to joint boards or joint committees of local authorities, and certian conveyances and agreements for such transfers)—
(a)in paragraph (a) of subsection (1) (which relatews to transfers of water undertaking by order under the Water Act, 1945) after the words “by an order under the Water Act, 1945” there shall be inserted the words “or by or under any local Act of Parliament”, and for the words “to ajoint board or joint committee consisting exclusively of representatives of local authorities” there shall be substituted the words “any other water undertakers”;]
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17
[F16(c)in subsection (2) (which relates to contracts and agreements for transfers of water undertakings which are conditional on orders under the Water Act, 1945) after the words “an order under the Water Act,1945” there shall be inserted the words “or under any local Act of Parliament or on the passing of such an Act”.]
[F18(5)No stamp duty shall be chargeable under or by reference to the heading “Conveyance or Transfer on sale” in the First Schedule to the M2Stamp Act 1891, on any agreement made under section fourteen of the M3New Towns Act 1946, by a development corporation under that Act for the transfer of the whole or part of the water undertaking or sewerage undertaking of that corporation, or on any conveyance, agreement or assignment made, or instrument executed, solely for the purpose of giving effect to such a transfer.]
(6)This section shall have effect as from the beginning of August, nineteen hundred and fifty-eight.
Textual Amendments
F15S. 35(1)–(3) repealed by Finance Act 1971 (c. 68), Sch. 14 Pt. VI
F16S. 35(4)(a)(c) repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 190(1), Sch. 27 Pt. I (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58)
F17S. 35(4)(b) repealed by Finance Act 1974 (c. 30), Sch. 14 Pt. VI
F18S. 35(5) repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 190(1)(3), Sch. 25 para. 25, Sch. 27 Pt. I (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58)
Marginal Citations
Textual Amendments
F19S. 36 repealed by Finance Act 1960 (c. 44), Sch. 8 Pt. I
Textual Amendments
F20S. 37 repealed by Finance Act 1975 (c. 7), ss. 50, 52(2)(3), 59(5), Sch. 13 Pt. I
Textual Amendments
F21S. 38 repealed by Finance Act 1977 (c. 36), s. 59(5), Sch. 9 Pt. V
Textual Amendments
F22S. 39 repealed by Statute Law (Repeals) Act 1971 (c. 52), Sch. Pt. VIII
(1)This Act may be cited as the Finance Act 1958.
(2)Parts I to VI of this Act shall be construed as one with the enactments mentioned in this subsection respectively, that is to say—
(a)—(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23
(f)Part VI with the Stamp Act 1891.
(3)Any reference in this Act to any other enactment shall, except so far as the context otherwise requires, be construed as a reference to that enactment as amended or applied by or under any other enactment, including this Act.
(4)Such of the provisions of this Act as relate to matters in respect of which the Parliament of Northern Ireland has power to make laws shall not extend to Northern Ireland.
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24
Textual Amendments
F23S. 40(2)(a)–(c) repealed by Purchase Tax Act 1963 (c. 9), Sch. 4 Pt. I, Income and Corporation Taxes Act 1970 (c. 10), Sch. 16 and Customs and Excise Management Act 1979 (c. 2), Sch. 6 Pt. I; (d) relates to parts repealed; (e) repealed by Finance Act 1975 (c. 7), Sch. 13 Pt. I
F24S. 40(5) repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F25Sch. 1 repealed by Statute Law Revision Act 1959 (c. 68)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F26Sch. 2 repealed by Purchase Tax Act 1963 (c. 9), Sch. 4 Pt. I
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F27Sch. 3 repealed by Finance Act 1962 (c. 44), s. 34(7), Sch. 11 Pt. I
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Textual Amendments
F28Sch. 4 repealed by Finance Act 1964 (c. 49), Sch. 9
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F29Schs. 5, 6 repealed by Income and Corporation Taxes Act 1970 (c. 10), Sch. 16
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F30Sch. 7 repealed by Finance Act 1965 (c. 25), s. 97(5), Sch. 22 Pt. V
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Textual Amendments
F31Sch. 8 repealed by Finance Act 1975 (c. 7), ss. 50, 52(2)(3), 59(5), Sch. 13 Pt. I
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F32Sch. 9 repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI