Finance Act 1994 (c. 9)

(The document as of February, 2008)

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Part VII Inheritance Tax

246 Rate bands: no indexation in 1994

The Table substituted by section 72(1) of the [1992 c. 48.] Finance (No. 2) Act 1992 shall apply to chargeable transfers made in the year beginning 6th April 1994, and accordingly section 8(1) of the [1984 c. 51.] Inheritance Tax Act 1984 (indexation of rate bands) shall not apply to such transfers.

247 Business and agricultural relief

(1) In section 113B of the Inheritance Tax Act 1984 (replacement business property)--

(a) in subsections (2)(a) and (5)(b), for "twelve months" substitute, in each case, "the allowed period"; and

(b) in subsection (8), at the end add "and "allowed period" means the period of three years or such longer period as the Board may allow".

(2) In section 124B of the Act of 1984 (replacement agricultural property)--

(a) in subsections (2)(a) and (5)(b), for "twelve months" substitute, in each case, "the allowed period"; and

(b) in subsection (8), at the end add "and "allowed period" means the period of three years or such longer period as the Board may allow".

(3) This section applies in relation to transfers of value made, and other events occurring, on or after 30th November 1993.

248 Corporate Lloyd's underwriters

(1) No property forming part of a premiums trust fund or ancillary trust fund of a corporate member shall be relevant property for the purposes of Chapter III of Part III of the Inheritance Tax Act 1984 (settlements without interests in possession).

(2) In this section "ancillary trust fund", "corporate member" and "premiums trust fund" have the same meanings as in Chapter V of Part IV of this Act (Lloyd's underwriters: corporations etc.).

Part VIII Miscellaneous and General

Companies treated as non-resident

249 Certain companies treated as non-resident

(1) A company which--

(a) would (apart from this section) be regarded as resident in the United Kingdom for the purposes of the Taxes Acts, and

(b) is regarded for the purposes of any double taxation relief arrangements as resident in a territory outside the United Kingdom and not resident in the United Kingdom,

shall be treated for the purposes of the Taxes Acts as resident outside the United Kingdom and not resident in the United Kingdom.

(2) For the purpose of deciding whether the company is regarded as mentioned in subsection (1)(b) above it shall be assumed that--

(a) the company has made a claim for relief under the arrangements, and

(b) in consequence of the claim it falls to be decided whether the company is to be regarded as mentioned in subsection (1)(b) above.

(3) This section shall apply whether the company would otherwise be regarded as resident in the United Kingdom for the purposes of the Taxes Acts by virtue of section 66(1) of the [1988 c. 39.] Finance Act 1988 (company incorporated in UK to be regarded as resident there) or by virtue of some other rule of law.

(4) In this section--

(a) "double taxation relief arrangements" means arrangements having effect by virtue of section 788 of the Taxes Act 1988;

(b) "the Taxes Acts" has the same meaning as in the [1970 c. 9.] Taxes Management Act 1970.

(5) This section shall be deemed to have come into force on 30th November 1993.

250 Companies treated as non-resident: supplementary

(1) Sections 130(1) to (6) and 131(1) to (5) of the Finance Act 1988 (securing payment of outstanding tax) shall not apply where the company concerned ceases to be resident in the United Kingdom on 30th November 1993 solely by virtue of the coming into force of section 249 above.

(2) References in section 179 of the [1992 c. 12.] Taxation of Chargeable Gains Act 1992 to a company ceasing to be a member of a group of companies do not apply to cases where a company ceases to be a member of a group by virtue of that company, or another company, ceasing to be resident in the United Kingdom on 30th November 1993 solely by virtue of the coming into force of section 249 above.

(3) Subsection (4) below applies where--

(a) a company ceases to be resident in the United Kingdom on 30th November 1993 solely by virtue of the coming into force of section 249 above, and

(b) by virtue of section 185(2) of the [1992 c. 12.] Taxation of Chargeable Gains Act 1992 it is deemed to have disposed of assets immediately before the time it so ceases.

(4) In such a case--

(a) if the company makes an actual disposal of the assets on or before the day when (apart from this subsection) corporation tax is due and payable in respect of the deemed disposal, the tax shall be due and payable on that day;

(b) in any other case the tax shall be due and payable on the day the company makes an actual disposal of the assets or on 30th November 1999 (whichever falls first).

(5) Where subsection (4) above applies, for the purposes of section 87A of the [1970 c. 9.] Taxes Management Act 1970 (interest on overdue corporation tax) the tax shall be treated as becoming due and payable on the relevant day in accordance with section 10 of the Taxes Act 1988; and the relevant day is the day on which the tax is due and payable by virtue of subsection (4) above.

(6) If the company makes an actual disposal of part of the assets subsections (4) and (5) above shall be applied separately as regards the different parts and the tax shall be apportioned (and carry interest) accordingly.

251 Companies treated as non-resident: repeals

(1) For the purposes of this section--

(a) the relevant date is 30th November 1993;

(b) the [1992 c. 12.] 1992 Act is the Taxation of Chargeable Gains Act 1992.

(2) In section 468F of the Taxes Act 1988 the following shall be omitted--

(a) in subsection (1)(c) the words "and not a dual resident";

(b) in subsection (8) the definition of "dual resident";

and this subsection shall have effect where the date of payment is the relevant date or later.

(3) In sections 742(8) and 745(4) of the Taxes Act 1988 the words ", or regarded for the purposes of any double taxation arrangements having effect by virtue of section 788 as resident in a territory outside the United Kingdom," shall be omitted; and--

(a) subject to paragraph (b) below, the omissions shall apply in relation to transfers of assets and associated operations on or after the relevant date;

(b) in so far as the omission in subsection (4) of section 745 relates to subsections (3)(b) and (5) of that section, it shall be deemed to have come into force on the relevant date.

(4) Sections 749(4A) and 751(2)(bb) of the Taxes Act 1988 shall be omitted; and this subsection shall be deemed to have come into force on the relevant date.

(5) Section 139(3) of the 1992 Act shall be omitted; and this subsection shall have effect in relation to acquisitions on or after the relevant date.

(6) Section 160 of the 1992 Act shall be omitted; and this subsection shall have effect where the disposal of the old assets (or of the interest in them) is made on or after the relevant date or the acquisition of the new assets is made (or the acquisition of the interest in them is made or the unconditional contract for their acquisition is entered into) on or after the relevant date.

(7) The following provisions shall be omitted--

(a) in section 166(2) of the 1992 Act the words "or a company" and the words "or company";

(b) in section 171(2) of that Act, paragraph (e) and the word "or" immediately preceding it;

and this subsection shall have effect in relation to disposals on or after the relevant date.

(8) In section 175(2) of the 1992 Act the words from "or a company which" to the end of paragraph (b) shall be omitted; and this subsection shall have effect where the disposal of the old assets (or of the interest in them) or the acquisition of the new assets (or of the interest in them) is made on or after the relevant date.

(9) Section 186 of the 1992 Act shall be omitted together with the following in section 187--

(a) in subsection (1)(a) the words "or 186";

(b) in subsection (6) the words "or, as the case may be, section 186(2)," and the words "or, as the case may be, section 186(1)";

and this subsection shall have effect where the company concerned becomes on or after the relevant date a company which falls to be regarded as mentioned in section 186(1) .

(10) Section 188 of the 1992 Act shall be omitted; and this subsection shall be deemed to have come into force on the relevant date.

(11) In section 211(3) of the 1992 Act the words "(and would not be a gain on which, under any double taxation relief arrangements, it would not be liable to tax)" shall be omitted; and this subsection shall have effect where the transfer is made on or after the relevant date.

(12) Section 61(3) of the [1993 c. 34.] Finance Act 1993 shall be omitted; and this subsection shall be deemed to have come into force on the relevant date.

Privatisations

252 Railways

(1) Schedule 24 to this Act (which makes provision in connection with transfers and other disposals under or by virtue of the [1993 c. 43.] Railways Act 1993) shall have effect.

(2) Paragraphs 4(1) and 17 of that Schedule, and this section so far as relating to those provisions, shall be taken to have come into force on 5th November 1993 (the date on which the [1993 c. 43.] Railways Act 1993 was passed).

(3) Subject to subsection (2) above, this section and that Schedule shall be taken to have come into force on 11th January 1994.

253 Northern Ireland Airports Limited

Schedule 25 to this Act (which makes provision in connection with the transfer of the undertaking of Northern Ireland Airports Limited) shall have effect.

Management

254 Practice and procedure in connection with appeals

(1) Section 56B of the [1970 c. 9.] Taxes Management Act 1970 (regulations about practice and procedure in connection with appeals) shall be amended as follows.

(2) In subsection (2)(b) (documents to be made available for inspection by Commissioners or by officers of the Board) for "the Commissioners or by officers of the Board" there shall be substituted "specified persons".

(3) The following subsection shall be inserted after subsection (2)--

" (2A) In subsection (2)(b) above "specified persons" means such of the following as may be specified in the regulations--

(a) the Commissioners;

(b) any party to the appeal;

255 Calling for documents of taxpayers and others

(1) Section 20 of the [1970 c. 9.] Taxes Management Act 1970 (power to call for documents) shall be amended as follows.

(2) The following subsections shall be inserted after subsection (7A)--

" (7AB) A Commissioner who has given his consent under subsection (7) above shall neither take part in, nor be present at, any proceedings on, or related to, any appeal brought--

(a) in the case of a notice under subsection (1) above, by the person to whom the notice applies, or

(b) in the case of a notice under subsection (3) above, by the taxpayer concerned,

if the Commissioner has reason to believe that any of the required information is likely to be adduced in evidence in those proceedings.

(7AC) In subsection (7AB) above "required information" means any document or particulars which were the subject of the proposed notice with respect to which the Commissioner gave his consent. "

(3) The following subsections shall be inserted after subsection (8D)--

" (8E) An inspector who gives a notice under subsection (1) or (3) above shall also give to--

(a) the person to whom the notice applies (in the case of a notice under subsection (1) above), or

(b) the taxpayer concerned (in the case of a notice under subsection (3) above),

a written summary of his reasons for applying for consent to the giving of the notice.

(8F) Subsection (8E) above does not apply, in the case of a notice under subsection (3) above, if by virtue of section 20B(1B) a copy of that notice need not be given to the taxpayer.

(8G) Subsection (8E) above does not require the disclosure of any information--

(a) which would, or might, identify any person who has provided the inspector with any information which he took into account in deciding whether to apply for consent; or

(b) if the Commissioner giving the required consent has given a direction that that information is not to be subject to the obligation imposed by that subsection.

(8H) A General or Special Commissioner shall not give a direction under subsection (8G) above unless he is satisfied that the inspector has reasonable grounds for believing that disclosure of the information in question would prejudice the assessment or collection of tax. "

Assigned matters

256 Minor corrections

(1) The provisions mentioned in subsection (2) below (which enable revenue traders and taxable persons to be required to keep records) shall be amended in accordance with subsections (3) and (4) below (which correct minor errors in those provisions so far as they relate to the admissibility in evidence of the recorded information).

(2) The provisions are--

(a) in the [1979 c. 2.] Customs and Excise Management Act 1979, section 118A; and

(b) in Schedule 7 to the [1983 c. 55.] Value Added Tax Act 1983, paragraph 7.

(3) In subsection (6) and sub-paragraph (5) of those provisions--

(a) in paragraph (c) for the words "sections 13 and 14 of the [1968 c. 70.] Law Reform (Miscellaneous Provisions) (Scotland) Act 1968" there shall be substituted "sections 5 and 6 of the [1988 c. 32.] Civil Evidence (Scotland) Act 1988"; and

(b) in paragraph (d), for the words "except in accordance with the said sections 13 and 14" to the end there shall be substituted "except in accordance with Schedule 3 to the [1993 c. 9.] Prisoners and Criminal Proceedings (Scotland) Act 1993".

(4) Subsection (7) and sub-paragraph (6) of those provisions shall be omitted.

General

257 Interpretation and construction

(1) In this Act "the Taxes Act 1988" means the [1988 c. 1.] Income and Corporation Taxes Act 1988.

(2) Part V of this Act shall be construed as one with Part I of the [1975 c. 22.] Oil Taxation Act 1975, and in Part V that Act is referred to as "the principal Act".

(3) Part VI of this Act shall be construed as one with the [1891 c. 39.] Stamp Act 1891.

258 Repeals

The enactments specified in Schedule 26 to this Act (which include provisions which are already spent) are hereby repealed to the extent specified in the third column of that Schedule, but subject to any provision of that Schedule.

259 Short title

This Act may be cited as the Finance Act 1994.

SCHEDULES

Section 1.

SCHEDULE 1 Table of rates of duty on wine and made-wine

Part I Wine or made-wine of a strength not exceeding 22 per cent.

Description of wine or made-wine	Rates of duty per hectolitre
	£
Wine or made-wine of a strength not exceeding 2 per cent.	13.48
Wine or made-wine of a strength exceeding 2 per cent. but not exceeding 3 per cent.	22.46
Wine or made-wine of a strength exceeding 3 per cent. but not exceeding 4 per cent.	31.45
Wine or made-wine of a strength exceeding 4 per cent. but not exceeding 5 per cent.	40.44
Wine or made-wine of a strength exceeding 5 per cent. but not exceeding 5.5 per cent.	49.42
Wine or made-wine of a strength exceeding 5.5 per cent. but not exceeding 15 per cent. and not being sparkling	134.77
Sparkling wine or sparkling made-wine of a strength exceeding 5.5 per cent. but not exceeding 15 per cent.	222.55
Wine or made-wine of a strength exceeding 15 per cent. but not exceeding 22 per cent.	207.33

Part II Wine or made-wine of a strength exceeding 22 per cent.

Description of wine or made-wine	Rates of duty per litre of alcohol in the wine or made-wine
	£
Wine or made-wine of a strength exceeding 22 per cent.	19.81

Section 5.

SCHEDULE 2 Vehicles excise duty: miscellaneous provisions

1 (1) Section 1 of the [1971 c. 10.] Vehicles (Excise) Act 1971 (charge of duty) shall be amended as follows.

(2) In subsection (3) (charge in respect of keeping a vehicle on a road), for the words "be deemed" onwards there shall be substituted " be chargeable--

(a) where one or more vehicle licences have previously been issued under this Act for the use of the vehicle, by reference to the rate currently applicable to a vehicle of the same description as that of the vehicle on the occasion of the issue of that licence (or the last of those licences), and

(b) otherwise, by reference to whichever of the rates specified in Schedule 5 to this Act is applicable to a vehicle constructed at the same time as the vehicle. "

(3) Subsection (4) (which provides that section 1 does not make lawful the keeping of a vehicle which is unlawful apart from that section) shall be omitted.

2 In section 3(3) of that Act (collection of duty), the words "the restoration of any forfeiture and" shall be omitted.

3 In section 4(1)(b) of that Act (exemption for fire brigade vehicles), for "local authority" there shall be substituted "fire authority".

4 In section 6(3) of that Act (recovery of duty by Secretary of State where VAT becomes chargeable on vehicle supplied for export), for the words from "there shall be recoverable" to the end of paragraph (b) there shall be substituted " duty shall be payable--

(a) by the person by whom the vehicle was acquired from its manufacturer in respect of the whole period since the registration of the vehicle; or

(b) by any other person who is for the time being the keeper of the vehicle in respect of the period since the vehicle was first kept by that other person, " .

5 In section 7(2) of that Act (exemption for vehicles of disabled persons)--

(a) after "physical" there shall be inserted "or mental", and

(b) in paragraph (c), after "subsection" there shall be inserted "or by reason of the continued operation of the provisions mentioned in section 12(1) of the [1992 c. 48.] Finance (No.2) Act 1992".

6 In section 12(6) of that Act (regulations providing for issue of new licences), for "may be lost or destroyed" there shall be substituted "are or may be lost, stolen, destroyed or damaged".

7 In section 16(4) of that Act (trade licences), the words following paragraph (b) shall be omitted.

8 (1) Section 18 of that Act (alteration of vehicle or of its use) shall be amended as follows.

(2) Subsections (8) and (9) (power to exempt farmers' goods vehicles from liability to pay duty at higher rate) shall be omitted.

(3) In subsection (10) (Northern Ireland), for the words from "as if" to "substituted" there shall be substituted "as if after subsection (7) there were inserted".

9 Section 21 of that Act (hackney carriage signs) shall be omitted.

10 In section 22 of that Act (failure to fix mark etc.), in the version of paragraph (b) of the proviso to subsection (1) which is set out in subsection (4), for "no opportunity" there shall be substituted "no reasonable opportunity".

11 (1) Section 23 of that Act as set out in paragraph 20 of Part I of Schedule 7 to that Act (registration regulations) shall be amended as follows.

(2) In subsection (1)--

(a) in paragraph (b) (particulars of register), for "the prescribed fee" there shall be substituted "a fee of such amount as appears to the Secretary of State reasonable in the circumstances of the case", and

(b) in paragraph (e) (registration documents), for "may be lost or destroyed" there shall be substituted "are or may be lost, stolen, destroyed or damaged".

(3) In subsection (2)(c) (replacement plates), for the words "such plates" onwards there shall be substituted "trade plates which are or may be lost, stolen, destroyed or damaged".

(4) The following subsection shall be inserted after subsection (4)--

" (5) Regulations under subsection (3) above which require a person to furnish information relating to vehicles exempted from duty by reason of the continued operation of the provisions mentioned in section 12(1) of the [1992 c. 48.] Finance (No.2) Act 1992 may require him to furnish in addition such evidence of the facts giving rise to the exemption as is prescribed by the regulations. "

12 In section 25(1) of that Act (review of Secretary of State's decisions relating to motor traders etc.)--

(a) in paragraph (c), for "motor trader or vehicle tester within the meaning of section 16 of this Act" there shall be substituted "person entitled to make one", and

(b) for "dealer, trader, tester or other person" there shall be substituted "person".

13 (1) Section 26A of that Act (dishonoured cheques) shall be amended as follows.

(2) In subsection (2)(b)(iv), for the words "a new" onwards there shall be substituted "there first had effect a new licence for the vehicle specified in the application for the licence or (in the case of a trade licence) a new trade licence to be used for the same description of vehicles."

(3) In subsection (3), for the words "period, was" onwards there shall be substituted " period--

(a) in the case of a vehicle licence, was applicable to a vehicle of the description specified in the application, and

(b) in the case of a trade licence, was applicable to a vehicle falling within paragraph 2 of Part II of Schedule 5 to this Act or, if the licence was to be used only for vehicles to which Schedule 1 to this Act applies, to a vehicle falling within paragraph 3 of Part II of that Schedule. "

(4) In subsection (4), after "section in the case of" there shall be inserted "a vehicle licence for".

14 In section 28(1) of that Act (legal proceedings in England and Wales and Northern Ireland), for ", 18(4) or 26(1) or (2)" there shall be substituted "or 18(4)".

15 In section 33 of that Act (burden of proof), after "16(7)" there shall be inserted ", 18(4)".

16 Section 36 of that Act (fractions of a new penny) shall be omitted.

17 (1) Section 37 of that Act (regulations) shall be amended as follows.

(2) In subsection (1) (matters which may be dealt with in regulations)--

(a) in paragraph (a), after "provision for different" there shall be inserted "cases or", and

(b) in paragraph (c), after "incidental" there shall be inserted ", consequential".

(3) In subsection (2) (fees), for "23(c)" there shall be substituted "23(2)(c)".

18 (1) No order shall be made under section 39(2) of that Act (transitional modifications in Part I of Schedule 7 to that Act to cease to have effect on a day appointed by order) in relation to any of the provisions of that Part of that Schedule which are specified in sub-paragraph (2) below.

(2) The provisions of Part I of Schedule 7 which are referred to in sub-paragraph (1) above are paragraphs 1 to 9, 11, 13, 16, 17, 17A, 20 and 24 and, so far as it relates to section 26(1) of that Act, paragraph 23.

19 (1) Schedule 4 to that Act (annual rates of duty on goods vehicles) shall be amended as follows.

(2) In paragraph 1(1) (basic rate of duty), for "paragraphs 5 and" there shall be substituted "paragraph" and the following paragraph shall be inserted after paragraph (a)--

" (aa) which has a plated gross weight or plated train weight exceeding 7,500 kilograms but has such a weight only by virtue of paragraph 9(2A)(c) below and is not a vehicle of a prescribed class; or " .

(3) Paragraph 5 (special types) shall be omitted.

(4) In paragraph 11 (exempted vehicles), the following sub-paragraph shall be inserted after sub-paragraph (c)--

" (cc) a haulage vehicle within the meaning of that Schedule; " .

(5) In paragraphs 14, 14A and 14B (no extra charge to duty where tractor unit used with semi-trailer with fewer axles than envisaged by licence), for "the tractor unit shall, when so used, be taken to be licensed in accordance with the requirements of this Act" there shall be substituted "duty at a higher rate shall not become chargeable under section 18 of this Act".

(6) In paragraph 15(1), in the definition of "goods vehicle", the words "(including a tricycle as defined in Schedule 1 to this Act and weighing more than 425 kilograms unladen)" shall be omitted.

20 (1) Part I of Schedule 7 to that Act (transitional modifications) shall be amended as follows.

(2) Paragraphs 1(c), 3(b), 18, 19, 21 and 22 and, so far as it relates to section 26(2) of that Act, paragraph 23 shall be omitted.

(3) In paragraph 12, for "(4) and (5)" there shall be substituted "(4) to (5)" and the following subsections shall be substituted for the subsections set out in that paragraph--

" (4) A trade licence may be taken out--

(a) for one calendar year;

(b) for a period of six months beginning with the first day of January or of July; or

(c) where subsection (4A) below applies, for a period of seven, eight, nine, ten or eleven months beginning with the first day of any month other than January or July.

(4A) This subsection applies where the person taking out the licence--

(a) is not a motor trader or vehicle tester (having satisfied the Secretary of State as mentioned in subsection (1A) above); or

(b) does not hold any existing trade licence.

(5) The rate of duty applicable to a trade licence--

(a) if the licence is taken out for a calendar year, shall be--

(i) the annual rate currently applicable to a vehicle falling within paragraph 3 of Part II of Schedule 1 to this Act if the licence is to be used only for vehicles to which that Schedule 1 applies; and

(ii) otherwise, the annual rate currently applicable to a vehicle falling within paragraph 2 of Part II of Schedule 5 to this Act;

(b) if the licence is taken out for a period of six months, shall be fifty-five per cent. of the rate applicable to the corresponding trade licence taken out for a calendar year; and

(i) fifty-five per cent. of the rate applicable to the corresponding trade licence taken out for a calendar year, and

(ii) one-sixth of the amount arrived at under sub-paragraph (i) above in respect of each month in the period in excess of six.

(5A) In determining a rate of duty under subsection (5)(b) or (c) any fraction of five pence--

(a) if it exceeds two and a half pence, shall be treated as five pence; and

21 (1) Section 11 of the [1976 c. 40.] Finance Act 1976 (information about goods vehicles and trailers) shall be amended as follows.

(2) In subsection (2), the following paragraph shall be substituted for paragraph (b) (details of plated weights etc.)--

" (b) the vehicle's plated gross weight or plated train weight, or (in Northern Ireland) relevant maximum weight or relevant maximum train weight, within the meaning of Schedule 4 to the said Act of 1971; " .

(3) In paragraph (c) of that subsection (details of laden weight)--

(a) for "such plated weights" there shall be substituted "such weight", and

(b) the words "or, if it falls" onwards shall be omitted.

(4) In subsection (3) (trailers), for the words from the beginning to "Act)" there shall be substituted "In section 23(3) of the said Act of 1971 as set out in paragraph 20 of Part I of Schedule 7 to that Act".

22 In section 12(2)(a) of that Act (inspection of vehicles to which a registration mark is requested to be assigned), the words "either" and ", or elsewhere" shall be omitted.

23 In section 8(4) of the [1978 c. 42.] Finance Act 1978 (offences in relation to exempt licences), after "above" there shall be inserted "or any of the provisions mentioned in section 12(1) of the [1992 c. 48.] Finance (No.2) Act 1992".

24 In Article 34 of the [S.I. 1981/154 (N.I.1).] Road Traffic (Northern Ireland) Order 1981 (obligatory vehicle test certificates), the following paragraph shall be substituted for paragraph (3)--

" (3) For the purposes of paragraph (2)(b) there shall be disregarded--

(a) the use of a vehicle before it is sold or supplied by retail; and

(b) the use of a vehicle to which a motor dealer has assigned a mark under section 20 of the [1971 c. 10.] Vehicles (Excise) Act 1971 before it is registered by the Secretary of State under section 19(1)(b) of that Act. "

25 In section 47 of the [1988 c. 52.] Road Traffic Act 1988 (obligatory test certificates), the following subsection shall be substituted for subsection (4)--

" (4) For the purposes of subsection (2)(b) above there shall be disregarded--

(a) the use of a vehicle before it is sold or supplied by retail, and

(b) the use of a vehicle to which a motor dealer has assigned a mark under section 20 of the Vehicles (Excise) Act 1971 before it is registered by the Secretary of State under section 19(1)(b) of that Act. "

26 (1) Section 11 of the [1989 c. 26.] Finance Act 1989 (power to make provision for retention of registration marks) shall be amended as follows.

(2) In subsection (2), the following paragraphs shall be inserted after paragraph (i)--

" (ia) for allowing a person to be nominated when an application for the grant of a right of retention is made or to be nominated at a later time;

(ib) for allowing a different person to be nominated in place of a person already nominated;

(ic) for the manner in which a nomination is to be made and for the payment of a specified fee where a nomination is made in specified circumstances; " .

(3) The following subsection shall be inserted after subsection (3)--

" (3ZA) An extension or nomination shall be exempt from a fee payable by virtue of subsection (2)(f) or (ic) above if the Secretary of State considers it appropriate in the circumstances of the case. "

27 (1) Section 12 of that Act (provision for sale of registration marks) shall be amended as follows.

(2) In subsection (3), the following paragraphs shall be inserted after paragraph (i)--

" (ia) for allowing a person to be nominated when a relevant right is acquired or to be nominated at a later time;

(ib) for allowing a different person to be nominated in place of a person already nominated;

(ic) for the manner in which a nomination is to be made and for the payment of a specified fee where a nomination is made in specified circumstances; " .

(3) The following subsection shall be inserted after subsection (5)--

" (5A) An extension or nomination shall be exempt from a fee payable by virtue of subsection (3)(f) or (ic) above if the Secretary of State considers it appropriate in the circumstances of the case. "

28 Section 128 of the [1990 c. 29.] Finance Act 1990 (power to provide for repayment of fees and charges) shall apply to any power by virtue of this Schedule to make provision under section 11 or 12 of the [1989 c. 26.] Finance Act 1989 for the payment of any fee as it applies to powers conferred before the [1990 c. 29.] Finance Act 1990 was passed.

29 Paragraphs 20(2), 24 and 25 shall come into force on 1st June 1994.

Section 6.

SCHEDULE 3 Amendments about gaming machine licence duty

Licences for periods beginning on or after 1st May 1994

1 (1) The [1981 c. 63.] Betting and Gaming Duties Act 1981 shall be amended as follows.

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