DOCSLIB.ORG

Capital Gains Tax Act 1979 (Repealed 6.3.1992)

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Capital Gains Tax Act 1979 (Repealed 6.3.1992) Status: Point in time view as at 25/07/1991. Changes to legislation: There are currently no known outstanding effects for the Capital Gains Tax Act 1979 (repealed 6.3.1992). (See end of Document for details) Capital Gains Tax Act 1979 1979 CHAPTER 14 An Act to consolidate Part III of the Finance Act 1965 with related provisions in that Act and subsequent Acts. [22nd March 1979] Editorial Information X1 General amendments to Tax Acts, Income Tax Acts, and/or Corporation Tax Acts made by legislation after 1.2.1991 are noted against Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1) but not against each Act Modifications etc. (not altering text) C1 General amendments etc. to Tax Acts (or Income Tax Acts or Corporation Tax Acts as the case may be) made by Taxes Management Act 1970 (c. 9, SIF 63:1), s. 41A(7) (as added by Finance Act 1990 (c. 29, SIF 63:1), s. 95(1)(2)), British Telecommunications Act 1981 (c. 38, SIF 96), s. 82(2)(7); Telecommunications Act 1984 (c. 12, SIF 96), s. 72(3); Finance Act 1984 (c. 43, SIF 63:1), ss. 82(6), 85(2), 89(1)(7), 96(1)(7), 98(7), Sch. 9 para. 3(2)(9), Sch. 16 paras. 6, 12 and Finance Act 1985 (c. 54, SIF 63:1), ss. 72(1), 74(5), Sch. 23 para. 15(4), S.I. 1987/530, regs. 11(2), 13(1), 14, Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), ss. 4, 6, 7, 9, 32, 34, 78, 134, 135, 141, 142, 185, 191, 193, 194, 195, 200, 203, 209, 212, 213, 219, 247, 253, 272, 287, 314, 315, 317, 318, 325, 326, 327, 345, 350, 351, 368, 375, 381, 397, 414, 432, 440, 442, 446, 458, 460, 461, 463, 463(2)(3) (as added by Finance Act 1990 (c. 29, SIF 63:1), s. 50(2) ), 468, 474, 475, 486, 490, 491, 503, 511, 518, 524, 532, 544, 550, 556, 558, 569, 572, 582, 595, 601, 613, 617, 619, 621, 639, 656, 660, 663, 676, 689, 691, 694, 700, 701, 714, 716, 739, 743, 754, 763, 776, 780, 781, 782, 787, 789, 811, 828, 829, 832, 833, 834, 835, 837, 838, 839, 840, 841, 842, Sch. 2 para. 5, Sch. 4 para. 5, Sch. 13 para. 10, Sch. 16 para. 10, Sch. 21 para. 6, Sch. 26 para. 1, Sch. 27 para. 20, Finance Act 1988 (c. 39, SIF 63:1), ss. 66, 127(1) (6), Sch. 12 para. 6, Capital Allowances Act 1990 (c. 1, SIF 63:1), ss. 28(1), 68(8), 74, 82, 83(5), 148(5), 163(4), 164(2), S.I. 1990/627 and Finance Act 1990 (c. 29, SIF 63:1), s. 25(10) C2 Act applied with modifications by S.I. 1990/627 C3 Act modified by Finance Act 1990 (c. 29, SIF 63:1, 2), ss. 33(1)(4)(5), 36(3), 37(3), 80 and Sch. 12 paras. 3(1), 4, 5 C4 Act amended by Finance Act 1990 (c. 29, SIF 63:1), s. 80, Sch. 12 para. 2(1) C5 Act modified (G.B.) by Ports Act 1991 (c. 52, SIF 58), s. 16(3) C6 Act applied (G.B.) by Ports Act 1991 (c. 52, SIF 58), s. 17(5) C7 Act modified (G.B.) by Ports Act 1991 (c. 52, SIF 58), s. 18(2)(4) C8 Act: definition of "allowable loss" applied (G.B.) by Ports Act 1991 (c. 52, SIF 58), s. 18(8) 2 Capital Gains Tax Act 1979 (c. 14) Part I – General Document Generated: 2021-08-16 Status: Point in time view as at 25/07/1991. Changes to legislation: There are currently no known outstanding effects for the Capital Gains Tax Act 1979 (repealed 6.3.1992). (See end of Document for details) Act: definition of "allowable loss" applied by Ports Act 1991 (c. 52, SIF 58), s. 35(3) C9 Act modified by Finance Act 1991 (c. 31, SIF 63:2), ss. 83(2)(9), 86(2)(4). C10 Act: it is provided that in any enactment including this Act and an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978 (c. 30, SIF 115:1), references to the Official List of The Stock Exchange shall have effect as references to the Official List maintained by the new competent authority for the purposes of Pt. IV of the Act, (2.10.1991) by S.I. 1991/2000, reg. 4(5). Commencement Information I1 Act partly in force at Royal Assent see s. 157(4); Act wholly in force at 6. 4. 1979 see s. 156(1)(2). PART I GENERAL Capital gains tax and corporation tax 1 Taxation of capital gains. (1) Tax shall be charged in accordance with this Act in respect of capital gains, that is to say chargeable gains computed in accordance with this Act and accruing to a person on the disposal of assets. (2) In the circumstances prescribed by the provisions of Part XI of the [F1Taxes Act 1970 and Part VIII of the Taxes Act 1988](taxation of companies and certain other bodies and associations) the tax shall be chargeable in accordance with those provisions, and all the provisions of this Act have effect subject to those provisions. (3) Subject to the said provisions, capital gains tax shall be charged for all years of assessment in accordance with the following provisions of this Act. Textual Amendments F1 Words substituted by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), Sch. 29 para. 32 Modifications etc. (not altering text) C11 See— Finance Act 1984 (c. 43), s. 79; Trustee Savings Banks Act 1985 (c. 58, SIF 110), s. 5 and Sch. 2 para. 2(1) Capital gains tax 2 Persons chargeable. (1) Subject to any exceptions provided by this Act, a person shall be chargeable to capital gains tax in respect of chargeable gains accruing to him in a year of assessment during any part of which he is resident in the United Kingdom, or during which he is ordinarily resident in the United Kingdom. Capital Gains Tax Act 1979 (c. 14) 3 Part I – General Document Generated: 2021-08-16 Status: Point in time view as at 25/07/1991. Changes to legislation: There are currently no known outstanding effects for the Capital Gains Tax Act 1979 (repealed 6.3.1992). (See end of Document for details) (2) This section is without prejudice to the provisions of section 12 below (non-resident with UK branch or agency), and of section 38 of the M1Finance Act 1973 (territorial sea of the United Kingdom). Modifications etc. (not altering text) C12 See also Finance Act 1981 (c. 35, SIF 63:2), s. 80 C13 See— Finance Act 1980 (c. 48, SIF 63:1), s. 36(3); Finance Act 1981 (c. 35, SIF 63:2), s. 135; Finance Act 1982 (c. 39, SIF 63:2), s. 148; Finance Act 1985 (c. 54, SIF 63:2), ss. 71, 72 and Sch. 21 C14 See— Finance Act 1973 (c. 51, SIF 63:1), s. 38; Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), s. 761 Marginal Citations M1 1973 c. 51. 3 F2. Textual Amendments F2 S. 3 repealed by Finance Act 1988 (c. 39, SIF 63:1, 2), s. 148 and Sch. 14 Pt. VII in relation to disposals on or after 6th April 1988 4 Gains chargeable to tax. (1) Capital gains tax shall be charged on the total amount of chargeable gains accruing to the person chargeable in the year of assessment, after deducting— (a) any allowable losses accruing to that person in that year of assessment, and (b) so far as they have not been allowed as a deduction from chargeable gains accruing in any previous year of assessment, any allowable losses accruing to that person in any previous year of assessment (not earlier than the year 1965-66). [F3(2) In the case of a woman who in a year of assessment is a married woman living with her husband any allowable loss which, under subsection (1) above, would be deductible from the chargeable gains accruing in that year of assessment to the one but for an insufficiency of chargeable gains shall, for the purposes of that subsection, be deductible from chargeable gains accruing in that year of assessment to the other: Provided that this subsection shall not apply in relation to losses accruing in a year of assessment to either if, before 6th July in the year next following that year of assessment, an application is made by the man or the wife to the inspector in such form and manner as the Board may prescribe.] Textual Amendments F3 S. 4(2) repealed by Finance Act 1988 (c. 39, SIF 63;1, 2), s. 148 and Sch. 14 Pt. VIII from 1990–91 (and see Finance Act 1988 (c. 39, SIF 63;1, 2), ss. 98 and 102 for 1988–89 and subsequent years) 4 Capital Gains Tax Act 1979 (c. 14) Part I – General Document Generated: 2021-08-16 Status: Point in time view as at 25/07/1991. Changes to legislation: There are currently no known outstanding effects for the Capital Gains Tax Act 1979 (repealed 6.3.1992). (See end of Document for details) Modifications etc. (not altering text) C15 See— Development Land Tax Act 1976 (c. 24), s. 34 and Sch. 6 Pt. I (which Act was repealed by Finance Act 1985 (c.
Load more

Recommended publications
  • Finance Act 1965 CHAPTER 25
    Finance Act 1965 CHAPTER 25 ARRANGEMENT OF SECTIONS PART I CUSTOMS AND EXCISE Section 1. Increase of duties on spirits, beer, wine, British wine, and tobacco. 2. Amendments as to relief from import duties. 3. Valuation for purchase tax of goods containing copyright material. 4. Continuation of powers under s. 9 of Finance Act 1961. 5. Vehicles excise duty: increases and alterations. 6. Vehicles excise duty: exemptions and reliefs. 7. Evidence of admissions in proceedings under Vehicles (Excise) Act 1962. 8. Use of rebated oil as fuel for works trucks. PART II INCOME TAx General 9. Surtax rates for 1964-65. 10. Alterations in reliefs. 11. George Cross. 12. Surtax on income under certain settlements. 13. Withdrawal of initial allowances for cars. 14. Annual allowances for new ships. 15. Business entertaining expenses. 16. Cost of maintenance etc. of agricultural land: restriction of relief under Finance Act 1963. Short-term capital gains 17. Amendments of Case VII of Schedule D. 18. Amendments of Case VII of Schedule D : chattels sold for £1,000 or less. PART III CAPITAL GAINS General 19. Taxation of capital gains. A ii CH. 25 Finance Act 1965 Capital gains tax Section 20. Capital gains tax. 21. Capital gains accruing to an individual: alternative charge to tax. Chargeable gains 22. Disposal of assets and computation of gains. 23. Losses. 24. Death. 25. Settled property. 26. Estate duty. Exemptions and reliefs 27. Miscellaneous exemptions for certain kinds of property. 28. Life assurance and deferred annuities. 29. Private residences. 30. Chattels sold for £1,000 or less. 31. Works of art, etc.
    [Show full text]
  • Finance Act 1973
    Finance Act 1973 CHAPTER 51 ARRANGEMENT OF SECTIONS PART I CUSTOMS AND EXCISE Section 1. Alteration of revenue duties. 2. Regulations for determining origin of goods. 3. Continuation of powers under section 9 of Finance Act 1961. PART II VALUE ADDED TAX AND CAR TAX 4. Relief for tax-or duty-paid stock held at commencement of VAT. 5. Value added tax-time of supply. 6. Amendment of Finance Act 1972 s. 14. 7. Supplies through agents. 8. Membership of value added tax tribunals. 9. Car tax (exported vehicles). PART III INCOME TAX, CORPORATION TAX AND CAPITAL GAINS TAX 10. Surtax rates for 1972-73. 11. Charge of corporation tax for financial year 1972. 12. Alteration of personal reliefs. 13. Increase in relief for savings bank interest. 14. Lump sum benefits on retirement. 15. Pensions and payments on retirement etc.-controlling directors. 16. Charge to additional rate of certain income of discretionary trusts. 17. Payments under discretionary trusts. 18. Discretionary trusts-relief for overseas tax. 19. Share option and share incentive schemes. 20. Close companies : loans for purposes of approved share incentive scheme. 21. Amendments relating to close companies. 22. Distributions to exempt funds, etc. 23. Disallowance of reliefs in respect of bonus issues. 24. Group income. A ii c. 51 Finance Act 1973 Section 25. Tax avoidance: transactions in securities. 26. Transactions in certificates of deposit. 27. Treasury securities issued at a discount. 28. Group relief: qualifications for entitlement. 29. Group relief: effect of arrangements for transfer of company to another group, etc. 30. Leasing contracts: effect on claims for losses of company reconstructions.
    [Show full text]
  • Finance Act 1965 (C
    Finance Act 1965 (c. 25) 1 Schedule 10 – Capital Gains: Administration Document Generated: 2021-04-20 Status: This is the original version (as it was originally enacted). This item of legislation is currently only available in its original format. SCHEDULE 10 CAPITAL GAINS: ADMINISTRATION PART I CAPITAL GAINS TAX Application of income tax administrative provisions 1 (1) Capital gains tax shall be under the care and management of the Board and the provisions of the Income Tax Acts in .the Table below shall apply in relation to capital gains tax as they apply in relation to income tax chargeable under Schedule D at the standard rate and subject to any necessary modifications. (2) An appeal shall lie against an assessment to capital gains tax made in accordance with section 5 of the Income Tax Management 1964 c. 37. Act 1964 as applied by sub-paragraph (1) above and the appeal shall, subject to section 44 of this Act, be to the General Commissioners or the Special Commissioners ; and, subject to the said section 44, section 12 of the said Act of 1964 shall apply accordingly in relation to the appeal. (3) Section 9 of the Income Tax Management Act 1964 as applied by sub-paragraph (1) above shall apply to every claim under this Part of this Act. Table Income Tax Provisions applied to Capital Gains Tax The Income Tax Act 1952 Section 47 (time limit for assessments). Section 63 (grounds of appeal to be stated, and recovery of tax not in dispute). Sections 65 and 66 (relief against double assessment or error or mistake in return).
    [Show full text]
  • Act 1986 CHAPTER 12 ARRANGEMENT of SECTIONS
    Statute Law (Repeals) Act 1986 CHAPTER 12 ARRANGEMENT OF SECTIONS Section Repeals and associated amendments. 2. Extent. 3. Short title. SCHEDULE 1—Repeals. Part I — Administration of Justice. Part II — Agriculture. Part III — Finance. Part IV — Imports and Exports. Part V — Industrial Relations. Part VI — Intellectual Property. Part VII — Local Government. Part VIII — Medicine and Health Services. Part IX — Overseas Jurisdiction. Part X — Parliamentary and Constitutional Pro- visions. Part XI — Shipping, Harbours and Fisheries. Part XII — Subordinate Legislation Procedure. Part XIII — Miscellaneous. SCHEDULE 2 —Consequential Provisions. A c.12 ELIZABETH II Statute Law (Repeals) Act 1986 1986 CHAPTER 12 An Act to promote the reform of the statute law by the repeal, in accordance with recommendations of the Law Commission and the Scottish Law Commission, of certain enactments which (except in so far as their effect is preserved) are no longer of practical utility, and to make other provision in connection with the repeal of those enactments. [2nd May 1986] E IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and B Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— L—(1) The enactments mentioned in Schedule 1 to this Act Repeals and are hereby repealed to the extent specified in the third column of associated that Schedule. amendments. (2) Schedule 2 to this Act shall have effect. 2.—(l) This Act extends to Northern Ireland. Extent. (2) Any amendment or repeal by this Act of an enactment which extends to the Channel Islands or the Isle of Man shall also extend there.
    [Show full text]
  • United Nationas Juridical Yearbook, 1968
    Extract from: UNITED NATIONS JURIDICAL YEARBOOK 1968 Part One. Legal status of the United Nations and related inter-governmental organizations Chapter I. Legislative texts concerning the legal status of the United Nations and related inter-governmental organizations Copyright (c) United Nations CONTENTS Page FOREWORD xxv ABBREVIATIONS xxvi Part One. Legal status of the United Nations and related inter-governmental organizations CHAPTER I. LEGISLATIVE TEXTS CONCERNING THE LEGAL STATUS OF THE UNITED NATIONS AND RELATED INTER-GOVERNMENTAL ORGANIZATIONS 1. Australia Regulations under the International Organizations (Privileges and Immuni- ties) Act, 1963-1966 3 2. Barbados Diplomatic Immuties and Privileges (Amendment) Act, 1968 4 3. Canada (a) International Poplar Commission (FAO) Privileges and Immunities Order, 1968 4 (b) Province of Quebec Order-in-Council No. 527 of 13 March 1968 con- cerning certain tax concessions to non-Canadian representatives to the International Civil Aviation Organization 5 4. Ireland Diplomatic Relations and Immunities Act (Section 18) Order, 1968 6 5. New Zealand The World Meteorological Organization Name and Emblem Notice 1968 . 7 6. Romania (a) Penal Code 8 (b) Regulations concerning the customs treatment applicable to diplomatic missions and consular offices and members thereof and to other persons on official missions entering or in transit through the Socialist Republic of Romania 9 7. Singapore International Finance Corporation Act, 1968 15 8. Sudan Note dated 29 July 1968 from the Permanent Representative of the Republic of the Sudan to the United aNtions 17 iii CONTENTS (continued) Page 9. Sweden {a) Proclamation issued in accordance with article 4, first paragraph, of the Act of 16 December 1966 (No.
    [Show full text]
  • Income Tax (Trading and Other Income) Bill
    House of Lords House of Commons Joint Committee on Tax Law Rewrite Bills Income Tax (Trading and Other Income) Bill First Report of Session 2004-05 Report, together with formal minutes, oral and written evidence Ordered by The House of Lords to be printed 1 February 2005 Ordered by The House of Commons to be printed 1 February 2005 HL Paper 37 HC 285 Published on 10 February 2005 by authority of the House of Commons and the House of Lords London: The Stationery Office Limited £11.00 The Joint Committee on Tax Law Rewrite Bills The Joint Committee on Tax Law Rewrite Bills is appointed to consider tax law rewrite bills, and in particular to consider whether each bill committed to it preserves the effect of the existing law, subject to any minor changes which may be desirable. Current Membership Rt Hon Kenneth Clarke QC MP (Conservative, Rushcliffe) (elected Chairman, 14th January 2003) Mr Parmjit Dhanda MP (Labour, Gloucester) John Healey MP (Labour, Wentworth) Mr Ivan Henderson MP (Labour, Harwich) Rt Hon Michael Jack MP (Conservative, Fylde) Mr David Laws MP (Liberal Democrat, Yeovil) Mr Anthony D Wright MP (Labour, Great Yarmouth) Lord Blackwell (Conservative) Rt Hon Lord Millett (Crossbencher) Baroness Cohen of Pimlico (Labour) Lord Goodhart QC (Liberal Democrat) Lord Haskel (Labour) Rt Hon Lord Howe of Aberavon Kt CH QC (Conservative) The following were also members of the Committee during the Parliament. Mr Chris Pond MP (Labour, Gravesham) Rt Hon Dawn Primarolo MP (Labour, Bristol South) Rt Hon Lord Brightman (Crossbencher) Powers The Joint Committee is appointed under Standing Order No.
    [Show full text]
  • Finance Act 1999
    Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Finance Act 1999. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Finance Act 1999 1999 CHAPTER 16 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. [27th July 1999] Most Gracious Sovereign, We, Your Majesty’s most dutiful and loyal subjects, the Commons of the United Kingdom in Parliament assembled, towards raising the necessary supplies to defray Your Majesty’s public expenses, and making an addition to the public revenue, have freely and voluntarily resolved to give and grant unto Your Majesty the several duties hereinafter mentioned; and do therefore most humbly beseech Your Majesty that it may be enacted, and be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— PART I EXCISE DUTIES Modifications etc. (not altering text) C1 Pt. 1 excluded by 1990 c. 19, s. 61(3) (as substituted (11.2.2005) by The Stamp Duty Land Tax (Consequential Amendment of Enactments) Regulations 2005 (S.I. 2005/82), regs. 1, 2(2)) Alcoholic liquor duties 1 Rate of duty on sparkling cider. (1) In section 62(1A)(a) of the M1Alcoholic Liquor Duties Act 1979 (rate of duty per hectolitre on sparkling cider of a strength exceeding 5.5 per cent.), for “£45.05” there shall be substituted “ £161.20 ”.
    [Show full text]
  • The Trouble with Tax Avoidance
    The Trouble with Tax Avoidance: Two General Anti-Avoidance Rules, a Judicial Doctrine, and their Respective Implications for the value of Certainty in Tax Law A thesis submitted in fulfilment of the requirements for the Degree of Master of Laws in the University of Canterbury By Joshua Fowler University of Canterbury 2013 i ii Table of Contents ACKNOWLEDGEMENTS..................................................................................................... IX STYLE ..................................................................................................................................... X ABSTRACT ............................................................................................................................. XI I INTRODUCTION ...................................................................................................... 1 A Background ................................................................................................................. 1 1 The Value of Certainty ................................................................................ 1 B Smith’s Doctrine of Certainty ................................................................................... 2s C Thesis ...................................................................................................................... 2 D Method ...................................................................................................................... 3 1 Black-Letter Analysis .................................................................................
    [Show full text]
  • European Communities Act 1972
    Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to European Communities Act 1972. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes [F1European Communities Act 1972 1972 CHAPTER 68 An Act to make provision in connection with the enlargement of the European Communities to include the United Kingdom, together with (for certain purposes) the Channel Islands, the Isle of Man and Gibraltar. [17th October 1972] Textual Amendments F1 Act repealed (31.1.2020 at 11.00 p.m. subject to savings for implementation period in ss. 1A, 1B of the repealing Act) by European Union (Withdrawal) Act 2018 (c. 16), ss. 1, 25(4) (with savings relating to retention of existing EU law in ss. 2-7, Sch. 1, Sch. 8 para. 37) (as amended by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 1, 2, 25, 36(c), 42(7), Sch. 5 para. 55; S.I. 2020/75, reg. 4); S.I. 2019/1198, reg. 2) Modifications etc. (not altering text) C1 Act: transfer of certain functions (1.7.1999) by S.I. 1999/672, arts. 1(2), 2, Sch. 1; S.I. 1998/3178, art. 2(1) C2 Act excluded (16.3.2017) by European Union (Notification of Withdrawal) Act 2017 (c. 9), s. 1(2) PART I GENERAL PROVISIONS 1 Short title and interpretation. (1) This Act may be cited as the European Communities Act 1972. (2) In this Act F2.
    [Show full text]
  • Mistakes of Law and Ultra Vires Public Authority Receipts and Payments
    RESTITUTION: MISTAKES OF LAW AND ULTRA VIRES PUBLIC AUTHORITY RECEIPTS AND PAYMENTS LAW COMMISSION LAW COM No 227 The Law Commission (LAW COM.No.227) RESTITUTION: MISTAKES OF LAW AND ULTRA VIRES PUBLIC AUTHORITY RECEIPTS AND PAYMENTS REPORT ON A REFERENCE UNDER SECTION 3(1)(e) OF THE LAW COMMISSIONS ACT 1965 Presented to Parliament by the Lord High Chancellor by Command of Her Majesty November 1994 LONDON: HMSO 618.10 net Cm273 1 The Law Commission was set up by section 1 of the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Commissioners are: The Honourable Mr Justice Brooke, Chairman Professor Andrew Burrows Miss Diana Faber Mr Charles Harpum Mr Stephen Silber QC The Commissioners who signed the report on 30 September 1994 were: The Honourable Mr Justice Brooke, Chairman Professor Jack Beatson Miss Diana Faber Mr Charles Harpum Mr Stephen Silber QC The Secretary of the Law Commission is Mr Michael Sayers and its offices are at Conquest House, 37-38 John Street, Theobalds Road, London, WClN 2BQ. .. 11 LAW COMMISSION RESTITUTION: MISTAKES OF LAW AND ULTRA VIRES PUBLIC AUTHORITY RECEIPTS AND PAYMENTS CONTENTS Paragraph Page SECTION A: INTRODUCTION PART I: INTRODUCTION AND SUMMARY OF MAIN RECOMMENDATIONS 1.1 1 The response on consultation 1.5 2 Developments since publication of our Consultation Paper 1.8 3 Co-operation with the Scottish Law Commission 1.12 4 Discussions with the Inland Revenue, HM Customs & Excise and other interested public bodies 1.14 5 Summary of main recommendations 1.17 6 Arrangement
    [Show full text]
  • LAW COMMISSION STATUTE LAW REVISION Tax and Duties
    LAW COMMISSION STATUTE LAW REVISION Tax and Duties September 2006 BACKGROUND NOTES ON STATUTE LAW REVISION What is it? 1. Statute law revision is the process of repealing statutes that are no longer of practical utility. The purpose is to modernise and simplify the statute book, thereby reducing its size and thus saving the time of lawyers and others who use it. This in turn helps to avoid unnecessary costs. It also stops people being misled by obsolete laws that masquerade as live law. If an Act features still in the statute book and is referred to in text-books, people reasonably enough assume that it must mean something. Who does it? 2. The work of statute law revision is carried out by the Law Commission and the Scottish Law Commission pursuant to section 3(1) of the Law Commissions Act 1965. Section 3(1) imposes a duty on both Commissions to keep the law under review “with a view to its systematic development and reform, including in particular ... the repeal of obsolete and unnecessary enactments, the reduction of the number of separate enactments and generally the simplification and modernisation of the law”. Statute Law (Repeals) Bill 3. Implementation of the Commissions’ statute law revision proposals is by means of special Statute Law (Repeals) Bills. 17 such Bills have been enacted since 1965 repealing more than 2000 whole Acts and achieving partial repeals in thousands of others. Broadly speaking the remit of a Statute Law (Repeals) Bill extends to any enactment passed at Westminster. Accordingly it is capable of repealing obsolete statutory text throughout the United Kingdom (i.e.
    [Show full text]
  • Report on the Economie Law of the United Kingdom
    Report on the Economie Law of the United Kingdom VOLUMES COMPETITION- APPROXIMATION OF LEGISLATION SERIES - 1174 20 1 A report on the economie law of the United Kingdom is a necessity: the finalization of the preceding study on economie policy from the standpoint of economie law is in effect the preparation for its completion and a more profound examination of its legal implications having regard ta the functioning of the Common Market. The report details the economie law of the United Kingdom in accordance with a certain number of broad guidelines. First of ali there exists in the current phase of the development of the Common Market a growing neccessity for the Member States ta coordinate the objectives of their economie policies and ta concert action on the instruments which may be used ta achieve them. A systematic comparative study of national economie legislations is also necessary from another importantstandpoint. Experience gained in the general field of approximation of laws has demonstrated that the differing framework provi­ sions or national economie guidelines can only be understood within the general context of national economie law and that only in this functional context it is possible ta determine the repercussions on the Common Market of the present differences. Report on the economie law of the United Kingdom by Terence Daintith Professor of public law in the University of Dundee with the assistance of Elizab~th J. C. Carstairs, LL.B., University of Edinburgh Volume 5 STUDIES Competition - Approximation of legislation Series No 20 Brussels, February 1974 Notice to reader The figures in square brackets refer to the bibliography on page 125 Foreword This report on the economie law of the United Kingdom is part of a larger study undertaken at the request-of the Commission of the European Communities by university professors who are specialists in this field.
    [Show full text]