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Statutes of Northern Ireland |
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FINANCE ACT (NORTHERN IRELAND) 1966 FINANCE ACT (NORTHERN IRELAND) 1966 - LONG TITLE An Act to amend the law relating to estate duty, stamp duties, excise duties on mechanically-propelled vehicles and certain other excise duties; to impose an excise duty on certain bets and to require, and impose an excise duty on, licences in respect of gaming machines; to provide for the payment of grants to operators of bus services towards the defrayal of customs or excise duty charged on fuel used in operating such services; to provide for the payment of grants to housing associations for affording relief from income tax, profits tax and corporation tax payable by such associations; and to make further provision in connection with finance. [7th July 1966] Part I(ss.13)Estate Duty Stamping of contract notes etc. FINANCE ACT (NORTHERN IRELAND) 1966 - SECT 4 4.(1) The Ministry of Finance (in this section referred to as "the Ministry") may enter into an agreement with any person by whom instruments chargeable with stamp duty by virtue of section 77 or 79 of the Finance (1909-10) Act 1910 are made and executed in the course of that person's business whereby (a)that person pays a sum to the Ministry on account of the amounts of stamp duty which will become chargeable on such instruments thereafter made and executed by or on behalf of that person without the duty thereon being denoted in accordance with section 78(4) of that Act; and (b)in substitution for the requirements of the said section 78(4), but subject to (i)compliance with such terms and conditions as the Ministry may think proper to cause to be contained in the agreement; and (ii)the aggregate of those amounts not exceeding the sum so paid on account, (b)any such instrument thereafter so made and executed may be marked by or on behalf of that person with such indication of the payment of stamp duty and the amount thereof as the Ministry may require. (2) Any such instrument marked in accordance with any such agreement as aforesaid shall be treated as duly stamped for the purposes of subsection (2) of section 78 of the said Act of 1910; and the reference in subsection (3) of that section to the provisions of that section shall be construed as a reference to those provisions as modified by any such agreement. (3) Where, under any such agreement as aforesaid, a sum has been paid to the Ministry in accordance with subsection (1)(a) by the other party to the agreement, the Ministry may, on a claim made not later than two years after that sum was so paid, repay so much of that sum as it is satisfied can no longer be required for discharging any future liability of that other party to pay amounts of stamp duty. (4) Except in so far as the context otherwise requires, any reference in sections 9 and 10 of the Stamp Duties Management Act 1891 (which relate to allowances for spoiled stamps) to a stamp shall include a reference to any such indication of the payment and amount of stamp duty as is referred to in subsection (1)(b). FINANCE ACT (NORTHERN IRELAND) 1966 - SECT 5 Stamp duty on life policies not exceeding two years. 5.(1) The maximum amount chargeable by way of stamp duty on any policy of life insurance made on or after 1st August 1966 for a period not exceeding two years shall be [5p]. (2) For the purposes of this section, a policy shall be treated as made for a period exceeding two years if it contains any provision [whereby it may become available for a period exceeding two years in all.] (3) Where, at any time after the making of a policy on which the duty chargeable would, but for subsection (1), have exceeded [5p], the policy is varied so as to become available for a period exceeding two years in all, the policy shall become chargeable with the same duty as would have been chargeable if it had been made on the date of the variation for a period exceeding two years, and may be stamped accordingly, without penalty, at any time within thirty days after that date. Part III(ss.68) rep. by 1972 c.10 (NI) s.37(4) sch.10 Pt.I Grants towards customs or excise duty charged on fuel used in operating bus services. FINANCE ACT (NORTHERN IRELAND) 1966 - SECT 14 14.(1) There shall be paid out of moneys provided by Parliament the expenses of making such grants as the Ministry of Development, in its discretion and on such conditions as it thinks fit to impose, may make to operators of bus services towards defraying customs or excise duty charged on fuel used in operating any bus service after the commencement of section 2 of the Finance (No. 2) Act 1964 (which increased by sixpence a gallon the duty on hydrocarbon oils, petrol substitutes and power methylated spirits). (2) The method of calculating the said grants shall be such as the Ministry of Development may with the approval of the Ministry of Finance from time to time determine, either generally or in particular cases or classes of case, [but the amount of a grant shall not exceed such sums for every gallon of fuel used or estimated to have been used in operating the bus service during the period to which the grant relates as the Department of Finance may from time to time approve, being a sum not greater than the rate per gallon of the duty of excise chargeable on [hydrocarbon oil] produced in the United Kingdom at the date of use of the fuel, including any addition to that duty by virtue of an order under section 9 of the Finance Act 1961.] (3) If the operator of a bus service fails without reasonable excuse (the proof whereof shall be on him) to comply with a condition imposed on him as mentioned in subsection (1) (a)requiring the compiling, preservation or production of running sheets, accounts or other records relating to the operation of the service; or (b)requiring facilities to be afforded for the inspection, removal or copying of such records; (4) If any person (a)knowingly or recklessly makes any false statement for the purpose of obtaining the payment to himself or another of any sum under this section; or (b)wilfully makes a false entry in any running sheet, account or other record which is or may be required to be produced in pursuance of any condition such as is mentioned in subsection (1) or, with intent to deceive, makes use for the purposes of this section of any such record which he knows to be false; (5) No proceedings for an offence under this section shall be instituted except by or with the consent of the Attorney-General. (6) Summary proceedings for an offence under this section may be commenced at any time within (a)a period of three years from the commission of the offence; or (b)a period of twelve months from the date on which evidence sufficient to justify a prosecution for the offence comes to the knowledge of the Ministry of Development; (7) In this section "bus service" means a service provided for the carriage of passengers by road at separate fares not being a service where none of the fares chargeable is less than [21p] or such greater sum as may be prescribed, and for the purposes of this definition (a)a composite fare for more than one journey shall not be regarded as representing the aggregate of fares of any less amount; and (b)no account shall be taken of any fare which is charged in the case of passengers of particular descriptions if a fare of not less than [21p] or such other sum as may for the time being be prescribed under this subsection is charged for the like service in the case of all passengers not falling within any of those descriptions; "operator", in relation to a bus service, means Paras.(a)(b) rep. by 1968 c.17 (NI) s.23 sch.6 Pt.III (c)the Lord Mayor, Aldermen and citizens of the city of Belfast acting by the council thereof; (d)the Londonderry and Lough Swilly Railway Company; [(e)any person operating a bus service under a road service licence granted or deemed to have been granted under Part II of the Transport Act (Northern Ireland) 1967;] "prescribed" means prescribed by regulations made by the Ministry of Development, with the approval of the Ministry of Finance, subject to negative resolution. FINANCE ACT (NORTHERN IRELAND) 1966 - SECT 15 Grants to housing associations for affording relief from tax. 15.(1) If a housing association makes a claim to the Ministry of Development in respect of any period and satisfies that Ministry (a)that throughout that period it was a housing association to which this section applies; and (b)that its functions throughout that period either (i)consisted exclusively of the function of providing or maintaining housing accommodation for letting or hostels and of activities incidental thereto; or (ii)included that function and such activities; (2) Any grant under this section shall be of such amount, shall be made at such times and in such manner and shall be subject to such conditions as the Ministry of Development thinks fit, including conditions for securing the repayment in whole or in part of any grant made to an association in the event of any tax in respect of which it was made subsequently being found not to be chargeable or in such other events (including the association subsequently beginning to trade for profit) as that Ministry may determine. (3) Any claim under this section shall be made in such manner and shall be supported by such evidence as the Ministry of Development may direct; and it shall be lawful for the Commissioners of Inland Revenue and their officers to disclose to that Ministry such particulars as may reasonably be required for determining whether a grant should be made on any claim or whether any such grant should be repaid or the amount of any such grant or repayment. (4) In subsection (1) references to tax chargeable on an association are references to income tax (other than income tax which the association is entitled to deduct on making any payment), profits tax and corporation tax, but no relief shall be afforded under this section in respect of income tax for any period before 6th April 1965 or profits tax for any period before the beginning of April 1965 (any profits tax for a chargable accounting period beginning before and ending after that time being duly apportioned). (5) This section applies to any housing association which (a)is a housing association as defined in section 12(2) of the Housing and Local Government (Miscellaneous Provisions) Act (Northern Ireland) 1946; or (b)would be a housing association as so defined if the reference in that section to houses for workers included a reference to hostels as defined in section 15(3) of the Housing Act (Northern Ireland) 1963; S.16, with Schedule 3, effects repeals FINANCE ACT (NORTHERN IRELAND) 1966 - SECT 17 Short title and construction. 17.(1) This Act may be cited as the Finance Act (Northern Ireland) 1966. Subs.(2)Estate Duty (3) Part II shall be construed as one with the Stamp Act 1891. Subs.(4) rep. by 1972 c.10 (NI) s.37(4) sch.10 Pt.I.