Finance Act 1971

UK - Reserved: Acts

Finance Act 1971

Finance Act 1971 (1971 c. 68)

Part I Customs and Excise

1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F1] S. 1 repealed by European Communities Act 1972 (c. 68), s. 4, Sch. 3 Pt. I; Finance Act 1977 (c. 36), s. 59(5), Sch. 9 Pt. I

2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2] S. 2 repealed by Finance Act 1977 (c. 36), s. 59(5), Sch. 9 Pt. I

3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3] S. 3 repealed by Hydrocarbon Oil Duties Act 1979 (c. 5), s. 28(2), Sch. 7; Excise Duties (Surcharges or Rebates) 1979 (c. 8), s. 4(3), Sch. 2

4, 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4] S. 4, 5 repealed by Finance Act 1972 (c. 41), ss. 54(8), 134(7), Sch. 28 Pt. II

6 Agricultural machines—vehicles excise duty and customs and excise duty.

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

[F5] S. 6(1) repealed by Finance Act 1989 (c. 26, SIF 107:2), s. 187(1), Sch. 17 Pt. II (in relation to licences taken out after 14.3.1989)

(2) As from the said 1st September, in Schedule 1 to the Hydrocarbon Oil (Customs & Excise) Act 1971 (vehicles in which heavy oil may be used without repayment of rebate)—

[M1] 1971 c. 12.

(a) the reference in paragraph 2(b) to the said Schedule 3 shall be construed as a reference to that Schedule as amended by subsection (1) above, and

(b) the reference to an agricultural machine in paragraph 3(b) shall not include any vehicle which does not satisfy the conditions specified in paragraphs (a) and (b) of section 6(1) of the Finance Act (Northern Ireland) 1971 (which makes provision corresponding to that made by subsection (1) above).

[M2] 1971 c. 27 (N.I.).

7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6] S. 7 repealed (13.10.1993) by Finance (No. 2 Act) 1992 (c. 48), ss. 12(1)(a), 82, Sch. 18 Pt. IV; SI 1993/2272 art.2 (with Sch. para. 2)

8—10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7] S. 8–10 repealed by Betting and Gaming Duties Act 1972 (c. 25), s. 29(2), Sch. 7

11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F8] S. 11 repealed by Customs and Excise Management Act 1979 (c. 2), s. 177(3), Sch. 6 Pt. I

12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9] S. 12 repealed by Finance Act 1973 (c. 51), s. 59(7), Sch. 22 Pt.I

PART II INCOME TAX AND CORPORATION TAX

CHAPTER I GENERAL

13.to 20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10] Ss. 13 to 20 repealed by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), s. 844, Sch. 31.

21 Occupational pension schemes

[F11] S. 21 repealed (with effect in accordance with s. 1034(1) of the repealing Act) by Income Tax Act 2007 (c. 3), s. 1034(1), Sch. 1 para. 265, Sch. 3 Pt. 1 (with Sch. 2)

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22—28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F12] Ss. 22 to 28 repealed by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1)

CHAPTER II SUB-CONTRACTORS IN CONSTRUCTION INDUSTRY

29 (Deductions on account of income tax from payments to certain sub-contractors in construction industry.)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F13] Chapter II, ss. 29-31,ceased to have effect and was replaced byFinance (No. 2) Act 1975 Part III Ch. II, ss. 68-71which was in turn replaced byIncome and Corporation Taxes Act 1988 (c. 1, SIF 63:1), ss.559-567.

30 (Exceptions from section 29.)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F14] Chapter II, ss. 29-31,ceased to have effect and was replaced byFinance (No. 2) Act 1975 Part III Ch. II, ss. 68-71which was in turn replaced byIncome and Corporation Taxes Act 1988 (c. 1, SIF 63:1), ss.559-567.

31 (Interpretation of Chapter II.)

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[F15] Chapter II, ss. 29-31,ceased to have effect and was replaced byFinance (No. 2) Act 1975 Part III Ch. II, ss. 68-71which was in turn replaced byIncome and Corporation Taxes Act 1988 (c. 1, SIF 63:1), ss.559-567.

CHAPTER III METHOD OF CHARGING INCOME TAX FOR 1973-74 AND SUBSEQUENT YEARS

32.to 36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F16] Ss. 32 to 36 repealed by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), s. 844, Sch. 31.

37 Consequential amendments and repeals.

(1) The enactments mentioned in Schedule 6 to this Act shall have effect subject to the amendments specified therein.

(2) The enactments mentioned in Part II of Schedule 14 to this Act are hereby repealed to the extent specified in the third column of that Part.

38 Commencement of Chapter III and transitional provisions.

(1) The preceding provisions of this Chapter shall have effect for the year 1973-74 and subsequent years of assessment; and accordingly the amendments and repeals made by those provisions (including those mentioned in section 37 of this Act) shall not be taken to affect tax for an earlier year of assessment or the doing of anything in relation to tax for such a year.

(2) The transitional provisions contained in Schedule 7 to this Act shall have effect.

39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F17] S. 39 repealed by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1)

PART III INCOME TAX AND CORPORATION TAX: CAPITAL ALLOWANCES

40.to 54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F18] Ss. 40 to 54 repealed by Capital Allowances Act 1990 (c. 1, SIF 63:1), s. 164(4) and Sch. 2.See Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), s. 197D(8)—calculation of taxed mileage profit: vehicles used by employees.

PART IV TAX ON CAPITAL GAINS AND ESTATE DUTY

55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F19] S. 55 repealed (1992-93 and subsequent years of assessment) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289(1), 290, Sch. 12 (with ss. 60, 101(1), 201(3), Sch. 11 paras. 22, 26(2), 27).

56 (Taxation of short-term capital gains.)

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[F20] S. 55(1) to (4)(6) and 56 repealed by Capital Gains Tax Act 1979 (c. 14, SIF 63:2), s. 158 and Sch. 8for 1979-80et seq.

57 (Exemption or relief for small disposals).

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[F21] S. 57 repealed by Finance Act 1978 (c. 42), ss. 44(7), 80, Sch. 13 Part IVfor 1977-78et seq.]

58 (Disposal of options.)

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[F22] Ss. 58 to 60 repealed with savings and replaced by Capital Gains Tax Act 1979 (c. 14, SIF 63:2), ss. 157(1), 158, Sch. 6 para. 10(2)(b), Sch. 8 for 1979-80 et seq.

59 (Abolition of charge to capital gains tax on death, etc.)

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[F23] Ss. 58 to 60 repealed with savings and replaced by Capital Gains Tax Act 1979 (c. 14, SIF 63:2), ss. 157(1), 158, Sch. 6 para. 10(2)(b), Sch. 8 for 1979-80 et seq.

60 (Replacement of business assets.)

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[F24] Ss. 58 to 60 repealed with savings and replaced by Capital Gains Tax Act 1979 (c. 14, SIF 63:2), ss. 157(1), 158, Sch. 6 para. 10(2)(b), Sch. 8 for 1979-80 et seq.

61, 62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F25] Ss. 61, 62 repealed with savings by Finance Act 1975 (c. 7), ss. 50, 52(2)(3), 59, Sch. 13 Part I

PART V MISCELLANEOUS

63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F26] Ss. 63 repealed by Finance Act 1972 (c. 41), ss. 122(5), 134(7), Sch. 28 Part VIII

64 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F27] S. 64 repealed (27.7.1999 with effect as mentioned in Sch. 20 Pt. V(2) notes 1, 2 of the amending Act) by 1999 c. 16, s. 139, Sch. 20 Pt. V(2)

65 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F28] S. 65 repealed by Finance Act 1976 (c. 40), ss. 126(4), 132(5), Sch. 15 Pt. VI

66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F29] S. 66 repealed by Finance Act 1982 (c. 39, SIF 63:1), s. 157, Sch. 22 Pt. V

67 Confirmation of health service agreement with Northern Ireland and U.K. contribution towards cost of certain allowances and benefits in Northern Ireland.

(1) Confirmation is hereby given to the agreement between the Treasury and the Ministry of Finance for Northern Ireland set out in Schedule 13 to this Act (an agreement which, if confirmed by Acts of the Parliaments of the United Kingdom and Northern Ireland, supersedes as from 1st April 1971 an earlier agreement as amended).

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

[F30] S. 67(2)(4) repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. II

(3) The preceding provisions of this section shall not come into operation unless and until Her Majesty by Order in Council declares that a corresponding provision has been enacted by the Parliament of Northern Ireland.

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

[F30] S. 67(2)(4) repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. II

68 Payments to Banks of England and Ireland in respect of management of Government securities.

Section 16 of the National Loans Act 1968 (supplemental provisions as to the national debt) shall be amended as follows—

[M3] 1968 c. 13.

(a) in subsection (7) (under which payments to the Banks of England and Ireland in respect of management of Government securities must relate to management in financial years ending on 31st March), for the words “in the year ending 31st March 1968 or any subseequent financial year” there shall be substiuted the words “in any period”, and

(b) subsection (8) (which governs the calculation of the amount of such payments and the time of payment) shall be omitted.

69 Citation, interpretation, construction, extent and repeals.

(1) This Act may be cited as the Finance Act 1971.

(2) In this Act “the Taxes Act” means the Income and Corporation Taxes Act 1988.

[F31] Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), Sch. 29 para. 32

(3) In this Act—

sections 3, 8, 9, 10 and 12 shall be construed as one with the Customs and Excise Act 1952;

Parts II and III, so far as they relate to income tax, shall be construed as one with the Income Tax Acts and, so far as they relate to corporation tax, shall be construed as one with the Corporation Tax Acts;

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[F32] Words omitted repealed by Capital Gains Tax Act 1979 (c. 14, SIF 63:2) s. 158, Sch. 8 for 1979-80 et seq.

(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) Except as otherwise expressly provided, 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 do not extend to Northern Ireland.

(6) If the Parliament of Northern Ireland passes provisions amending or replacing any enactment of that Parliament referred to in this Act the reference shall be construed as a reference to the enactment as so amended or, as the case may be, as a reference to those provisions.

(7) The enactments mentioned in Schedule 14 to this Act (Part VI of which includes certain obsolete enactments) are hereby repealed to the extent mentioned in the third column of that Schedule, but subject to any provision at the end of any Part of that Schedule.

SCHEDULES

SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F33] Sch. 1 repealed by Customns and Excise Management Act 1979 (c. 2, SIF 40:1), s. 177(3), Sch. 6 Part I

SCHEDULE 3 OCCUPATIONAL PENSION SCHEMES

[F35] Sch. 3 repealed (with effect in accordance with s. 1034(1) of the repealing Act) by Income Tax Act 2007 (c. 3), s. 1034(1), Sch. 1 para. 265, Sch. 3 Pt. 1 (with Sch. 2)

PART I TRANSITIONAL

[F35] Sch. 3 repealed (with effect in accordance with s. 1034(1) of the repealing Act) by Income Tax Act 2007 (c. 3), s. 1034(1), Sch. 1 para. 265, Sch. 3 Pt. 1 (with Sch. 2)

1.to 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Schemes approved under old law Taxation of refunds of contributions and commutation payments

[F35] Sch. 3 repealed (with effect in accordance with s. 1034(1) of the repealing Act) by Income Tax Act 2007 (c. 3), s. 1034(1), Sch. 1 para. 265, Sch. 3 Pt. 1 (with Sch. 2)

8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9.to 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 6 AMENDMENTS CONSEQUENTIAL ON NEW METHODS OF CHARGING TAX

1.to 80. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F38] Sch. 3 paras. 1 to 7, 9 to 13, Sch. 4, Sch. 6 paras. 1 to 80, 91 to 93, Sch. 7 repealed by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), s. 844, Sch. 31

PART II AMENDMENT OF TAXES MANAGEMENT ACT 1970

81 The Taxes Management Act 1970 shall be amended in accordance with the following provisions of this Part of this Schedule.

82 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F39] S. 82 repealed by Capital Allowances Act 1990 (c. 1, SIF 63:1), s. 132, Sch. 19 Part Vwhere a notice to deliver a return was, or falls to be, given after 5April 1990.

83 In section 22 the words “for the purpose of charging surtax” shall be omitted.

84 In section 29—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F40] Sch. 6 paras. 84(a), 85(b) repealed by Finance Act 1972 (c. 41), s. 134, Sch. 28 Part VI

(b) in subsection (4) the words “at the standard rate” shall be omitted; and

85 In section 31(3)—

(a) in paragraph (a) the words “assessment to surtax, or any other” shall be omitted;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; and

[F41] Sch. 6 paras. 84(a), 85(b) repealed by Finance Act 1972 (c. 41), s. 134, Sch. 28 Part VI

(c) after the paragraphs there shall be added the words “or if the appeal involves any question as to the application of section 30, Part XV or Part XVI of that Act.”.

86 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F42] Sch. 6 para. 86 repealed by Finance (No. 2) Act 1975 (c. 45, SIF 63:1), s. 75, Sch. 14 Part III

87 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

88 In section 91(3)—

paragraphs (a) and (b)(i) shall be omitted; and

after paragraph (b) there shall be added the following:—or (c)affecting tax charged at a rate other than the basic rate on income from which tax has been deducted (otherwise than under section 204 of the principal Act) or is treated as having been deducted, unless it is a relief from tax so charged.

89 In section 93(4) for the words from the beginning to “this Act it” there shall be substituted the words “ In relation to a return required for the purposes of section 9 of this Act the reference in subsection (2) above to tax ”

90 In section 95(3) for the words “include surtax” to “do not” there shall be substituted the words “ do not, in relation to anything done in connection with a partnership ”.

91.to 93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F44] Sch. 3 paras. 1 to 7, 9 to 13, Sch. 4, Sch. 6 paras. 1 to 80, 91 to 93, Sch. 7 repealed by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), s. 844, Sch. 31

SCHEDULE 9 RESTORATION OF DEVELOPMENT VALUE

1.to 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F47] Sch. 9 paras. 1 to 3, 5, Schs. 10, 12 repealed by Capital Gains Tax Act 1979 (c. 14, SIF 63:2), s. 158, Sch. 8for 1979-80et seq.]

4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F48] Sch. 9 para. 4 repealed by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), s. 844, Sch. 31

5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F49] Sch. 9 paras. 1 to 3, 5, Schs. 10, 12 repealed by Capital Gains Tax Act 1979 (c. 14, SIF 63:2), s. 158, Sch. 8for 1979-80et seq.]

SCHEDULE 13 Health Service Agreement between Treasury and Ministry of Finance for Northern Ireland

The Commissioners of Her Majesty’s Treasury and the Ministry of Finance for Northern Ireland, with a view to assimilating the burdens on the Consolidated Fund of the United Kingdom and the Exchequer of Northern Ireland in respect of health services, have entered into the following Agreement, which supersedes as from 1st April 1971 the Agreement of 11th February 1949 set out in the Schedule to the Social Services (Northern Ireland Agreement) Act 1949, as amended by the Agreement of 28th February 1968 set out in Schedule 19 to the Finance Act 1968.

[M4] 1949 c. 23.

[M5] 1968 c. 44.

There shall be ascertained in respect of each financial year during which this Agreement is in operation the total net cost in Great Britain and in Northern Ireland under the National Health Service Act 2006, the National Health Service (Wales) Act 2006 and the National Health Service (Scotland) Act 1978 as they may be amended from time to time, and the corresponding enactments in Northern Ireland.

[F53] Words in Sch. 13 para. 1(1) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 49 (with Sch. 3 Pt. 1)

[M6] 1978 c. 29.

[F54] Word substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 36

The net cost under paragraph (1) above shall be the actual cost as certified annually by the Commissioners of Her Majesty’s Treasury as respects the services in Great Britain and by the Ministry of Finance for Northern Ireland as respects the services in Northern Ireland.

The net cost under paragraph (1) above of services in Northern Ireland shall, in relation to the net cost of the corresponding services in Great Britain, be determined subject to such adjustments, if any, as may be necessary to take account, from time to time, of any differences between methods of administration in Great Britain and in Northern Ireland.

If in respect of any financial year the total net cost in Northern Ireland under article 1 of this Agreement is less than 2 per cent. of the total net cost in Great Britain and Northern Ireland, there shall be paid from the Exchequer of Northern Ireland to the Consolidated Fund of the United Kingdom a contribution equal to 90 per cent. of the amount by which the said net cost in Northern Ireland is less than the said 2 per cent.

If in respect of any financial year the total net cost in Northern Ireland under article 1 of this Agreement exceeds 2 per cent. of the total net cost in Great Britain and Northern Ireland, there shall be paid to the Exchequer of Northern Ireland out of the Consolidated Fund of the United Kingdom a contribution equal to 90 per cent. of the amount by which the said net cost in Northern Ireland exceeds the said 2 per cent.

3 It is hereby agreed that, subject to such differences as may from time to time exist between the methods of administration in Great Britain and in Northern Ireland of the services covered by this Agreement, the Government of Northern Ireland undertakes to keep the scale and standard of comprehensive health services in Northern Ireland in general conformity with the scale and standard of such services in Great Britain, and to ensure that the rates of remuneration of persons employed in such services in Northern Ireland correspond as nearly as may be with the rates for such services obtaining in Great Britain.

4 Payments on account of such contributions as may ultimately be found to be due under article 2 of this Agreement from the Exchequer of Northern Ireland or from the Consolidated Fund of the United Kingdom shall be made of such amounts and at such times as may be agreed between the Commissioners of Her Majesty’s Treasury and the Ministry of Finance for Northern Ireland.

5 Any question arising under this Agreement, whether as to the amount of any adjustments necessary in the determination of net costs in Great Britain and Northern Ireland for the purposes of article 1 of this Agreement, or of any contribution payable under article 2, or otherwise, shall, in default of agreement between the Commissioners of Her Majesty’s Treasury and the Ministry of Finance for Northern Ireland, be determined by the Joint Exchequer Board, whose decision shall be final.

6 This Agreement shall not come into operation until confirmed by Acts of the Parliaments of the United Kingdom and Northern Ireland respectively, but upon being so confirmed shall have effect as from 1st April 1971.

In Witness whereof Walter Clegg and Hector Monro two of the Commissioners of Her Majesty’s Treasury have hereunto set their hands and seals and the Official Seal of the Ministry of Finance for Northern Ireland has been hereunto affixed this 14th day of April 1971.

SCHEDULE 14 ENACTMENTS REPEALED

PART I OCCUPATIONAL PENSIONS SCHEMES

Section 21.

[The repeals of theTaxes Management Act 1970took effect on 6th April 1980.

PART II NEW METHOD OF CHARGING TAX

Section 37.

These repeals have effect subject to section 38 of this Act.

[F55] Words omitted and repealed by Finance (No. 2) Act 1975 (c. 45), s. 75, Sch. 14 Part III

PART III BETTERMENT LEVY

Section 55.

These repeals have effect subject to section 55(2) of this Act.

PART IV CASE VII

Section 56.

These repeals have effect subject to section 56(4) of this Act.

PART VII [See 1987edition for these provisions.]