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2003 No. 2867

TAXES

The Stamp Duty Land Tax (Consequential Amendment of Enactments) Regulations 2003

  Made 10th November 2003 
  Laid before the House of Commons 10th November 2003 
  Coming into force 1st December 2003 

The Treasury, in exercise of the powers conferred upon them by section 123(2) of the Finance Act 2003[1], make the following Regulations:

Citation and commencement
     1. These Regulations may be cited as the Stamp Duty Land Tax (Consequential Amendment of Enactments) Regulations 2003 and shall come into force on 1st December 2003.

Consequential amendments
    
2. The Schedule to these Regulations, which contains amendments to enactments in consequence of the provisions of Part 4 of the Finance Act 2003, shall have effect.


John Heppell

Joan Ryan
Two of the Lords Commissioners of Her Majesty's Treasury

10th November 2003



SCHEDULE
Regulation 2


Amendments to enactments




PART 1

Acts of Parliament

Inclosure Act 1845
     1. After section 163 of the Inclosure Act 1845[
2] insert - 

Metropolitan Commons Act 1866
     2. After section 32 of the Metropolitan Commons Act 1866[3] insert - 

Chequers Estate Act 1917
     3. After section 3 of the Chequers Estate Act 1917[4] insert - 

Finance Act 1931
     4. In section 28(3) of the Finance Act 1931 (production to Inland Revenue Commissioners of instruments transferring land)[5] - 

Chevening Estate Act 1959
     5. After section 2 of the Chevening Estate Act 1959[6] insert - 

Finance Act 1960
     6. After section 74 of the Finance Act 1960[7] insert - 

Friendly Societies Act 1974
     7. After section 105 of the Friendly Societies Act 1974[8] insert - 

Welsh Development Agency Act 1975
     8. In Schedule 1 to the Welsh Development Act 1975[10], after paragraph 20 insert - 

National Health Service (Scotland) Act 1978
     9.  - (1) Amend the National Health Service (Scotland) Act 1978[11] as follows.

    (2) After section 12D[12] insert - 

    (3) After section 104 insert - 

National Heritage Act 1980
     10. After section 11 of the National Heritage Act 1980[13] insert - 

Industry Act 1980
     11. After section 2 of the Industry Act 1980[15] insert - 

Highways Act 1980
     12. After section 281 of the Highways Act 1980[16] insert - 

Airports Act 1986
     13. After section 76 of the Airports Act 1986[17] insert - 

Building Societies Act 1986
     14. After section 109 of the Building Societies Act 1986[18] insert - 

National Health Service and Community Care Act 1990
     15. After section 61 of the National Health Service and Community Care Act 1990[21] insert - 

Ports Act 1991
     16. After section 36 of the Ports Act 1991[24] insert - 

Water Resources Act 1991
     17. In Schedule 2 to the Water Resources Act 1991[25], after paragraph 8(2) insert - 

Further and Higher Education Act 1992
     18. After section 88 of the Further and Higher Education Act 1992[26] insert - 

Further and Higher Education (Scotland) Act 1992
     19. After section 58 of the Further and Higher Education (Scotland) Act 1992[30] insert - 

Friendly Societies Act 1992
     20. After section 105 of the Friendly Societies Act 1992[31] insert - 

Museums and Galleries Act 1992
     21. After section 8 of the Museums and Galleries Act 1992[35] insert - 

Finance Act 1994
     22. In section 245(4) of the Finance Act 1994[36] - 

Health Authorities Act 1995
     23. In Schedule 2 to the Health Authorities Act 1995[37] after sub-paragraph (2) of paragraph 5 of insert - 

Merchant Shipping Act 1995
     24.  - (1) Section 221 of the Merchant Shipping Act 1995[39] is amended as follows.

    (2) After subsection (2) insert - 

    (3) After subsection (4) insert - 

Broadcasting Act 1996
     25.  - (1) In Schedule 7 of the Broadcasting Act 1996[40], paragraph 25 is amended as follows.

    (2) For the heading substitute "Stamp duty and stamp duty land tax".

    (3) After sub-paragraph (1) insert - 

    (4) In sub-paragraph (4), after "In this paragraph - " insert - 

Education Act 1997
     26. After section 53 of the Education Act 1997[41] insert - 

Regional Development Agencies Act 1998
     27. After section 39 of the Regional Development Agencies Act 1998[42] insert - 

School Standards and Framework Act 1998
     28. After section 79 of the School Standards and Framework Act 1998[43] insert - 

Access to Justice Act 1999
     29. In Schedule 14 to the Access to Justice Act 1999[44], after paragraph 34 insert - 

Criminal Justice and Court Services Act 2000
     30. In section 19 of the Criminal Justice and Court Services Act 2000[45], after subsection (4) insert - 

Learning and Skills Act 2000
     31. After section 94 of the Learning and Skills Act 2000[46] insert - 

Transport Act 2000
     32. In Schedule 26 to the Transport Act 2000[47], after paragraph 40 insert - 

Communications Act 2003
     33. In Schedule 2 to the Communications Act 2003[48], after paragraph 5 insert - 



PART 2

Subordinate legislation

     34. After Article 23 of the Ports (Northern Ireland) Order 1994[
49] insert - 



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations make amendments to Acts of Parliament and to the Ports (Northern Ireland) Order 1994 consequent upon the replacement of stamp duty in relation to land transactions by stamp duty land tax ("SDLT") on 1st December 2003. SDLT is introduced by Part 4 of the Finance Act 2003.

Regulation 1 provides for the citation and commencement of these Regulations.

Regulation 2 provides for the Schedule to the Regulations to have effect. The Schedule contains amendments consequent on the introduction of SDLT.


Notes:

[1] 2003 c. 14.back

[2] 1845 c. 118.back

[3] 1866 c. 122.back

[4] 1917 c. 55.back

[5] 1931 c. 28: a relevant amendment to section 28(3) was made by Schedule 14 to the Land Commission Act 1967 (c. 1).back

[6] 1959 c. 49.back

[7] 1960 c. 44.back

[8] 1974 c. 46back

[9] Section 82 has been amended by paragraph 29 of Schedule 16 to the Friendly Societies Act 1992(c. 40) and S.I. 2001/3649, and partly repealed by the relevant entry in Part I of Schedule 22 to the Friendly Societies Act 1992.back

[10] 1975 c. 70.back

[11] 1978 c. 29:back

[12] Section 12D was inserted by section 31 of the National Health Service and Community Care Act 1990 (c. 19)back

[13] 1980 c. 17.back

[14] As to the bodies mentioned in subsection (2) of section 9 see subsection (2A), which was inserted by paragraph 2(3) of the Schedule to the National Heritage Act 1997 (c. 14).back

[15] 1980 c. 33.back

[16] 1980 c. 66.back

[17] 1986 c. 31.back

[18] 1986 c. 53.back

[19] Section 93 has been amended by paragraph 41 of Schedule 7 to the Building Societies Act 1997 and paragraph 177 in Part II of Schedule 3 to S.I. 2001/2617.back

[20] Section 94 has been amended by paragraph 42 of Schedule 7 to the Building Societies Act 1997 and paragraph 178 in Part II of Schedule 3 to S.I. 2001/2617.back

[21] 1990 c. 19.back

[22] 1978 c. 29.back

[23] S.I. 1991/194 (N.I. 1).back

[24] 1991 c. 52.back

[25] 1991 c. 57.back

[26] 1992 c. 13.back

[27] Section 25 was substituted by paragraph 36 of Schedule 30 to the School Standards and Framework Act 1998 (c. 31).back

[28] There is an amendment to section 32 which is not relevant for present purposes.back

[29] Section 34 was amended by section 132 of the School Standards and Framework Act 1998 and modified by regulation 9 of S.I. 2000/3209.back

[30] 1992 c. 37.back

[31] 1992 c. 40.back

[32] Section 85 has been amended by paragraph 95 of Part I of Schedule 3 to S.I. 2001/2617.and article 203 of S.I.2001/3649.back

[33] Section 86 has been amended by paragraph 96 of Part I of Schedule 3 to S.I. 2001/2617.and article 201 of S.I.2001/3649.back

[34] Section 90 has been amended by paragraph 100 of Part I of Schedule 3 to S.I. 2001/2617 and article203 of S.I. 2001/3649.back

[35] 1992 c. 44.back

[36] 1994 c. 9.back

[37] 1995 c. 17.back

[38] Paragraph 2 of Schedule 2 was amended by section 2(5) of, and paragraph 62 of Schedule 2 to, the National Health Service Reform and Health Care Professions Act 2002 (c. 17), and regulation 4 of, and paragraph 20 of Schedule 1 to, S.I. 2002/2469.back

[39] 1995 c. 21.back

[40] 1996 c. 55.back

[41] 1997 c. 44.back

[42] 1998 c. 45.back

[43] 1998 c. 31.back

[44] 1999 c. 22.back

[45] 2000 c. 43.back

[46] 2000 c. 21.back

[47] 2000 c. 38.back

[48] 2003 c. 21.back

[49] S.I. 1994/2809 (N.I. 16).back


[a] Amended by Correction Slip. On page 7, in regulation 14, paragraph 1, the words "land tax" have been omitted after "stamp duty" in the last sentence and should be inserted. back




ISBN 0 11 048142 9


  Prepared 17 November 2003


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