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House of Commons
Session 2002 - 03
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House of Commons Votes and Proceedings
Monday 14th April 2003

The House met at half-past Two o'clock.

PRAYERS.

1    Smoking (Restaurants),-A Motion was made, and the Question being proposed, That leave be given to bring in a Bill to prohibit smoking in cafés and restaurants; and for connected purposes-(Mr Gareth Thomas (Harrow West));

    And the Motion being opposed, after a brief explanatory statement from the Member who made the Motion and from a Member who opposed it, the Deputy Speaker put the Question, pursuant to Standing Order No. 23 (Motions for leave to bring in bills and nomination of select committees at commencement of public business).

    The House divided.

      Tellers for the Ayes, Mr Peter Kilfoyle, Mr Kevin Barron: 115.

      Tellers for the Noes, Mr Andrew Hunter, Mr Andrew Turner: 43.

    So the Question was agreed to.

    Ordered, That Mr Gareth Thomas, David Taylor, Mr Kevin Barron, Paul Clark, Phil Hope, Colin Burgon, Mr Terry Rooney, Kali Mountford, Mr Mark Todd, Mr Mark Hendrick, Hugh Bayley and Michael Fabricant do prepare and bring in the Bill.

2    Smoking (Restaurants) Bill,-Mr Gareth Thomas accordingly presented a Bill to prohibit smoking in cafés and restaurants; and for connected purposes: And the same was read the first time; and ordered to be read a second time on Friday 11th July and to be printed [Bill 93].

3    Ways and Means,-Amendment of the Law,-The Order of the day being read, for resuming the adjourned Debate on the Question proposed on 9th April,-

    (1) That it is expedient to amend the law with respect to the National Debt and the public revenue and to make further provision in connection with finance.

    (2) This Resolution does not extend to the making of any amendment with respect to value added tax so as to provide-

      (a) for zero-rating or exempting a supply, acquisition or importation;

      (b) for refunding an amount of tax;

      (c) for any relief, other than a relief that-

      (i) so far as it is applicable to goods, applies to goods of every description, and

      (ii) so far as it is applicable to services, applies to services of every description;

    And the Question being again proposed:-The House resumed the adjourned Debate.

    And the Question being put;

    The House divided.

      Tellers for the Ayes, Gillian Merron, Mr Jim Murphy: 322.

      Tellers for the Noes, Hugh Robertson, Mr Desmond Swayne: 187.

    So the Question was agreed to.

    The Speaker then, pursuant to paragraph (3) of Standing Order No. 51 (Ways and means motions), put forthwith the Question necessary to dispose of the further Motions which were made by Mr Chancellor of the Exchequer.

    2. Rates of tobacco products duty

    Resolved, That-

    (1) For the Table of rates of duty in Schedule 1 to the Tobacco Products Duty Act 1979 there shall be substituted-

TABLE
1. CigarettesAn amount equal to 22 per cent of the retail
price plus £96.88 per thousand cigarettes.
2. Cigars£141.10 per kilogram.
3. Hand-rolling tobacco£101.42 per kilogram.
4. Other smoking tobacco
and chewing tobacco
£62.03 per kilogram.

    (2) This Resolution shall have effect as from 6 o'clock in the evening of 9th April 2003.

    And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968.

    3. Rate of duty on beer

    Resolved, That-

    (1) In section 36(1AA)(a) of the Alcoholic Liquor Duties Act 1979, for "£11.89" there shall be substituted "£12.22".

    (2) This Resolution shall have effect as from midnight on 13th April 2003.

    And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968.

    4. Rates of duty on wine and made-wine

    Resolved, That-

    (1) For Part 1 of the Table of rates of duty in Schedule 1 to the Alcoholic Liquor Duties Act 1979 there shall be substituted-

PART 1

WINE AND MADE-WINE OF A STRENGTH NOT EXCEEDING 22 PER CENT

Description of wine or made-wineRates of duty per hectolitre
£
Wine or made-wine of a strength not exceeding 4 per cent48.91
Wine or made-wine of a strength exceeding 4 per cent but not exceeding 5.5 per cent67.25
Wine or made-wine of a strength exceeding 5.5 per cent but not exceeding 15 per cent and not sparkling158.69
Sparkling wine or sparkling made-wine of a strength exceeding 5.5 per cent but less than 8.5 per cent166.70
Sparkling wine or sparkling made-wine of a strength of 8.5 per cent or of a strength exceeding 8.5 per cent but not exceeding 15 per cent220.54
Wine or made-wine of a strength exceeding 15 per cent but not exceeding 22 per cent211.58

    (2) This Resolution shall have effect as from midnight on 13th April 2003.

    And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968.

    5. Hydrocarbon oil duties (rates)

    Resolved, That provision may be made altering rates of excise duty under the Hydrocarbon Oil Duties Act 1979.

    6. Hydrocarbon oil duties (rebates)

    The Question being put, That-

    (1) In section 11(1) of the Hydrocarbon Oil Duties Act 1979-

      (a) in paragraph (a), for "£0.0274" there shall be substituted "£0.0382",

      (b) in paragraph (b), for "£0.0313" there shall be substituted "£0.0422", and

      (c) in paragraph (ba), for "£0.0313" there shall be substituted "£0.0422".

    (2) In section 14(1) of that Act, for "£0.0274" there shall be substituted "£0.0382".

    (3) This Resolution shall have effect as from 6 o'clock in the evening of 9th April 2003.

    And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968;

    The House divided.

      Tellers for the Ayes, Gillian Merron, Mr Jim Murphy: 318.

      Tellers for the Noes, Hugh Robertson, Mr Desmond Swayne: 184.

    So the Question was agreed to.

    7. Liability to general betting duty of betting exchanges

    Resolved, That-

    (1) Immediately before section 5B of the Betting and Gaming Duties Act 1981 there shall be inserted-

      "5AB Betting exchanges

      (1) This section applies where-

      (a) one person makes a bet with another person using facilities provided by a third person in the course of a business, and

      (b) that business is one that does not involve the provision of premises for use by persons making or taking bets.

      (2) General betting duty shall be charged on the amounts ("commission charges") that the parties to the bet are charged, whether by deduction from winnings or otherwise, for using those facilities.

      (3) No deductions shall be allowed from commission charges.

      (4) The amount of duty charged under this section in respect of bets determined in an accounting period shall be 15 per cent of the commission charges relating to those bets.

      (5) For the purposes of this section, and section 5B(4) so far as relating to this section, a person who arranges for facilities relating to a bet to be provided by another person shall be treated as providing them himself (and the other person shall not).".

    (2) In section 5B-

      (a) for subsection (1) there shall be substituted-

      "(1) All general betting duty chargeable in respect of-

      (a) bets made in an accounting period, or

      (b) in the case of duty chargeable under section 5AB, bets determined in an accounting period,

      shall become due at the end of that period.";

      (b) in subsection (4), after "section 4(1) to (3)" there shall be inserted "or 5AB".

    (3) In section 5C-

      (a) in subsection (1), after "in the course of a business" there shall be inserted ", other than a betting-exchange business,";

      (b) at the end of that subsection there shall be inserted-

      "In paragraph (a) "betting-exchange business" means a business such as is mentioned in section 5AB(1).";

      (c) subsections (2) and (3) and, in subsection (4), the words "In the case of a bet which is excluded from subsection (2) by virtue of subsection (3)," shall be omitted.

    (4) The amendments made by this Resolution apply in relation to any accounting period beginning on or after 1st June 2003.

    (5) Those amendments shall not apply in relation to a bet (a "straddling bet") that is-

      (a) made, using facilities provided by a person ("the broker"), in an accounting period of the broker beginning before 1st June 2003, but

      (b) not determined until an accounting period of the broker beginning on or after that date.

    (6) Any winnings paid in respect of a straddling bet to which section 5AB of the Betting and Gaming Duties Act 1981 would apply but for paragraph (5) above shall be treated for the purposes of that Act as paid in the broker's accounting period in which the bet was made ("the earlier accounting period").

    (7) Paragraph (6) above shall not have effect to reduce the general betting duty payable by the broker for the earlier accounting period; but the amount of the reduction that would (but for this paragraph) have been made for that period shall be set against any liability of the broker to general betting duty for accounting periods in the following three years, taking earlier periods before later ones until the amount is exhausted.

    And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968.

    8. General betting duty (on-course bets)

    Resolved, That provision may be made restricting the definition of "on-course bet" in Part 1 of the Betting and Gaming Duties Act 1981.

    9. Bingo duty

    Resolved, That provision may be made about bingo duty.

    10. Amusement machines not operated by coins or tokens

    Resolved, That provision may be made-

    (a) extending the definition of "amusement machine" for the purposes of the Betting and Gaming Duties Act 1981;

    (b) extending the definition of "gaming machine" for the purposes of section 23 of the Value Added Tax Act 1994.

    11. Vehicle excise duty (rates)

    The Question being put, That-

    (1) In paragraph 1 of Schedule 1 to the Vehicle Excise and Registration Act 1994-

      (a) in sub-paragraph (2) for "£160" there shall be substituted "£165";

      (b) in sub-paragraph (2A) for "£105" there shall be substituted "£110".

    (2) For the Table in paragraph 1B of that Schedule there shall be substituted-

CO2 emissions figure
Rate
(1)
(2)
(3)
(4)
(5)
ExceedingNot exceedingReduced rateStandard RatePremium rate
g/kmg/km£££
100556575
100120657585
12015095105115
150165115125135
165185135145155
185155160165

    (3) In paragraph 1J of that Schedule-

      (a) in paragraph (a) for "£160" there shall be substituted "£165";

      (b) in paragraph (b) for "£105" there shall be substituted "£110".

    (4) This Resolution shall apply to any licence taken out on or after 17th April 2003 for a period beginning on or after 1st May 2003.

    And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968;

    The House divided.

      Tellers for the Ayes, Gillian Merron, Mr Jim Murphy: 369.

      Tellers for the Noes, Hugh Robertson, Mr Desmond Swayne: 134.

    So the Question was agreed to.

    12. Vehicle excise duty (tractive units)

    Resolved, That-

    (1) After section 15 of the Vehicle Excise and Registration Act 1994 there shall be inserted-

      "15A Exception for tractive units from charge at higher rate

      (1) Where-

      (a) a vehicle licence has been taken out for a tractive unit, and

      (b) the licence was taken out at a rate of vehicle excise duty applicable to a tractive unit which is to be used with semi-trailers with a minimum number of axles,

      duty at a higher rate does not become chargeable under section 15 by reason only that while the licence is in force the tractive unit is used with a semi-trailer with fewer axles than that minimum number, if the condition in subsection (2) is satisfied.

      (2) The condition is that the rate of duty at which the licence was taken out is equal to or exceeds the rate which would have been applicable if the revenue weight of the tractive unit had been a weight equal to the actual laden weight, at the time of the use, of the articulated vehicle consisting of the tractive unit and the semi-trailer.".

    (2) Section 16 of that Act shall cease to have effect.

    (3) This Resolution has effect in relation to the use of a tractive unit on or after 9th April 2003.

    And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968.

    13. Value added tax (requirement of evidence or security)

    Resolved, That-

    (1) The Value Added Tax Act 1994 shall be amended in accordance with paragraphs (2) to (7) below.

    (2) In section 24(6)(a), after "documents" there shall be inserted "or other information".

    (3) In paragraph 4 of Schedule 11, for sub-paragraph (1) there shall be substituted-

      "(1) The Commissioners may, as a condition of allowing or repaying input tax to any person, require the production of such evidence relating to VAT as they may specify.

      (1A) If they think it necessary for the protection of the revenue, the Commissioners may require, as a condition of making any VAT credit, the giving of such security for the amount of the payment as appears to them appropriate.".

    (4) For sub-paragraph (2) of that paragraph there shall be substituted-

      "(2) If they think it necessary for the protection of the revenue, the Commissioners may require a taxable person, as a condition of his supplying or being supplied with goods or services under a taxable supply, to give security, or further security, for the payment of any VAT that is or may become due from-

      (a) the taxable person, or

      (b) any person by or to whom relevant goods or services are supplied.

      (3) In sub-paragraph (2) above "relevant goods or services" means goods or services supplied by or to the taxable person.

      (4) Security under sub-paragraph (2) above shall be of such amount, and shall be given in such manner, as the Commissioners may determine.

      (5) The powers conferred on the Commissioners by sub-paragraph (2) above are without prejudice to their powers under section 48(7).".

    (5) In section 72(11) after "supplies" there shall be inserted "or is supplied with".

    (6) In section 83(l) for "paragraph 4(2)" there shall be substituted "paragraph 4(1A), (2) or (3)".

    (7) In section 84, after subsection (4D) there shall be inserted-

      "(4E) Where an appeal is brought against a requirement imposed under paragraph 4(2)(b) of Schedule 11 that a person give security, the tribunal shall allow the appeal unless the Commissioners satisfy the tribunal that-

      (a) there has been an evasion of, or an attempt to evade, VAT in relation to goods or services supplied to or by that person, or

      (b) it is likely, or without the requirement for security it is likely, that VAT in relation to such goods or services will be evaded.

      (4F) A reference in subsection (4E) above to evading VAT includes a reference to obtaining a VAT credit that is not due or a VAT credit in excess of what is due.".

    (8) This Resolution shall come into force on 10th April 2003.

    And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968.

    14. Joint and several liability for unpaid VAT of another trader

    Resolved, That-

    (1) After section 77 of the Value Added Tax Act 1994 there shall be inserted-

      "Liability for unpaid VAT of another

      77A Joint and several liability of traders in supply chain where tax unpaid

      (1) This section applies to goods of any of the following descriptions-

      (a) telephones and any other equipment, including parts and accessories, made or adapted for use in connection with telephones or telecommunication;

      (b) computers and any other equipment, including parts, accessories and software, made or adapted for use in connection with computers or computer systems.

      (2) Where-

      (a) a taxable supply of goods to which this section applies has been made to a taxable person, and

      (b) at the time of the supply the person knew or had reasonable grounds to suspect that some or all of the VAT payable in respect of that supply, or on any previous or subsequent supply of those goods, would go unpaid,

      the Commissioners may serve on him a notice specifying the amount of the VAT so payable that is unpaid, and stating the effect of the notice.

      (3) The effect of a notice under this section is that-

      (a) the person served with the notice, and

      (b) the person liable, apart from this section, for the amount specified in the notice,

      are jointly and severally liable to the Commissioners for that amount.

      (4) For the purposes of subsection (2) above the amount of VAT that is payable in respect of a supply is the lesser of-

      (a) the amount chargeable on the supply, and

      (b) the amount shown as due on the supplier's return for the prescribed accounting period in question (if he has made one) together with any amount assessed as due from him for that period (subject to any appeal by him).

      (5) The reference in subsection (4)(b) above to assessing an amount as due from a person includes a reference to the case where, because it is impracticable to do so, the amount is not notified to him.

      (6) For the purposes of subsection (2) above, a person shall be presumed to have reasonable grounds for suspecting matters to be as mentioned in paragraph (b) of that subsection if the price payable by him for the goods in question-

      (a) was less than the lowest price that might reasonably be expected to be payable for them on the open market, or

      (b) was less than the price payable on any previous supply of those goods.

      (7) The presumption provided for by subsection (6) above is rebuttable on proof that the low price payable for the goods was due to circumstances unconnected with failure to pay VAT.

      (8) Subsection (6) above is without prejudice to any other way of establishing reasonable grounds for suspicion.

      (9) The Treasury may by order amend subsection (1) above; and any such order may make such incidental, supplemental, consequential or transitional provision as the Treasury think fit.

      (10) For the purposes of this section-

      (a) "goods" includes services;

      (b) an amount of VAT counts as unpaid only to the extent that it exceeds the amount of any refund due.".

    (2) After paragraph (r) of section 83 of that Act there shall be inserted-

      "(ra) any liability arising by virtue of section 77A;".

    (3) This Resolution shall come into force on 10th April 2003.

    And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968.

    15. Value added tax (face-value vouchers)

    Resolved, That-

    (1) After section 51A of the Value Added Tax Act 1994 there shall be inserted-

      "51B Face-value vouchers

      Schedule 10A shall have effect with respect to face-value vouchers.".

    (2) After Schedule 10 to that Act there shall be inserted-

"SCHEDULE 10A

FACE-VALUE VOUCHERS

      Meaning of "face-value voucher" etc

      1 (1) In this Schedule "face-value voucher" means a token, stamp or voucher (whether in physical or electronic form) that represents a right to receive goods or services to the value of an amount stated on it or recorded in it.

      (2) References in this Schedule to the "face value" of a voucher are to the amount referred to in sub-paragraph (1) above.

      Nature of supply

      2 The issue of a face-value voucher, or any subsequent supply of it, is a supply of services for the purposes of this Act.

      Treatment of credit vouchers

      3 (1) This paragraph applies to a face-value voucher issued by a person who-

      (a) is not a person from whom goods or services may be obtained by the use of the voucher, and

      (b) undertakes to give complete or partial reimbursement to any such person from whom goods or services are so obtained.

      Such a voucher is referred to in this Schedule as a "credit voucher".

      (2) The consideration for any supply of a credit voucher shall be disregarded for the purposes of this Act except to the extent (if any) that it exceeds the face value of the voucher.

      (3) Sub-paragraph (2) above does not apply if any of the persons from whom goods or services are obtained by the use of the voucher fails to account for any of the VAT due on the supply of those goods or services to the person using the voucher to obtain them.

      Treatment of retailer vouchers

      4 (1) This paragraph applies to a face-value voucher issued by a person who-

      (a) is a person from whom goods or services may be obtained by the use of the voucher, and

      (b) if there are other such persons, undertakes to give complete or partial reimbursement to those from whom goods or services are so obtained.

      Such a voucher is referred to in this Schedule as a "retailer voucher".

      (2) The consideration for the issue of a retailer voucher shall be disregarded for the purposes of this Act except to the extent (if any) that it exceeds the face value of the voucher.

      (3) Sub-paragraph (2) above does not apply if-

      (a) the voucher is used to obtain goods or services from a person other than the issuer, and

      (b) that person fails to account for any of the VAT due on the supply of those goods or services to the person using the voucher to obtain them.

      (4) Any supply of a retailer voucher subsequent to the issue of it shall be treated in the same way as the supply of a voucher to which paragraph 6 applies.

      Treatment of postage stamps

      5 The consideration for the supply of a face-value voucher that is a postage stamp shall be disregarded for the purposes of this Act except to the extent (if any) that it exceeds the face value of the stamp.

      Treatment of other kinds of face-value voucher

      6 (1) This paragraph applies to a face-value voucher that is not a credit voucher, a retailer voucher or a postage stamp.

      (2) A supply of such a voucher is chargeable at the rate in force under section 2(1) (standard rate) except where sub-paragraph (3), (4) or (5) below applies.

      (3) Where the voucher is one that can only be used to obtain goods or services in one particular non-standard rate category, the supply of the voucher falls in that category.

      (4) Where the voucher is used to obtain goods or services all of which fall in one particular non-standard rate category, the supply of the voucher falls in that category.

      (5) Where the voucher is used to obtain goods or services in a number of different rate categories-

      (a) the supply of the voucher shall be treated as that many different supplies, each falling in the category in question, and

      (b) the value of each of those supplies shall be determined on a just and reasonable basis.

      Vouchers supplied free with other goods or services

      7 Where-

      (a) a face-value voucher (other than a postage stamp) and other goods or services are supplied to the same person in a composite transaction, and

      (b) the total consideration for the supplies is no different, or not significantly different, from what it would be if the voucher were not supplied,

      the supply of the voucher shall be treated as being made for no consideration.

      Interpretation

      8 (1) In this Schedule-

      "credit voucher" has the meaning given by paragraph 3(1) above;

      "face value" has the meaning given by paragraph 1(2) above;

      "face value voucher" has the meaning given by paragraph 1(1) above;

      "retailer voucher" has the meaning given by paragraph 4(1) above.

      (2) For the purposes of this Schedule-

      (a) the "rate categories" of supplies are-

      (i) supplies chargeable at the rate in force under section 2(1) (standard rate),

      (ii) supplies chargeable at the rate in force under section 29A (reduced rate),

      (iii) zero-rated supplies, and

      (iv) exempt supplies;

      (b) the "non-standard rate categories" of supplies are those in sub-paragraphs (ii), (iii) and (iv) of paragraph (a) above;

      (c) goods or services are in a particular rate category if a supply of those goods or services falls in that category.

      (3) A reference in this Schedule to a voucher being used to obtain goods or services includes a reference to the case where it is used as part-payment for those goods or services.".

    (3) Paragraph 5 of Schedule 6 to that Act shall be omitted.

    (4) The amendments made by this Resolution shall apply to supplies of tokens, stamps or vouchers issued on or after 9th April 2003.

    And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968.

    16. Value added tax (supplies arising from prior grant of fee simple)

    Resolved, That-

    (1) After section 96(10A) of the Value Added Tax Act 1994 there shall be inserted-

      "(10B) Notwithstanding subsection (10A) above-

      (a) item 1 of Group 1 of Schedule 9 does not make exempt any supply that arises for the purposes of this Act from the prior grant of a fee simple falling within paragraph (a) of that item; and

      (b) that paragraph does not prevent the exemption of a supply that arises for the purposes of this Act from the prior grant of a fee simple not falling within that paragraph.".

    (2) This Resolution shall apply in relation to any supply that arises for the purposes of the Value Added Tax Act 1994 from the prior grant of a fee simple made on or after 9th April 2003.

    And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968.

    17. Value added tax (business gifts)

    Resolved, That provision may be made amending paragraph 5 of Schedule 4 to the Value Added Tax Act 1994 so far as relating to business gifts.

    18. Value added tax (non-business use of business property)

    Resolved, That-

    (1) After sub-paragraph (4) of paragraph 5 of Schedule 4 to the Value Added Tax Act 1994 there shall be inserted-

      "(4A) Notwithstanding paragraph 9(1) below, sub-paragraph (4) above does not apply to-

      (a) any interest in land,

      (b) any building or part of a building,

      (c) any civil engineering work or part of such a work, or

      (d) any goods incorporated or to be incorporated in a building or civil engineering work (whether by being installed as fixtures or fittings or otherwise).".

    (2) This Resolution shall have effect on and after 9th April 2003.

    (3) This Resolution shall not apply in relation to any asset in respect of which the person in question or any of his predecessors became entitled before that date to a credit or repayment as mentioned in paragraph 5(5)(a) or 5(5)(b) of Schedule 4 to the Value Added Tax Act 1994.

    (4) In paragraph (3) above-

      (a) "the person in question" means the person carrying on the business referred to in sub-paragraph (4) of paragraph 5 of that Schedule;

      (b) "predecessor" has the same meaning as in that paragraph;

      (c) the reference to an "asset" is to anything falling within any of paragraphs (a) to (d) of the sub-paragraph (4A) inserted into that paragraph by paragraph (1) above.

    And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968.

    19. Value added tax (special accounting scheme)

    The Question being put, That-

    (1) The Value Added Tax Act 1994 shall be amended as follows.

    (2) After section 3 there shall be inserted-

      "3A Supply of electronic services in member States: special accounting scheme

      (1) Schedule 3B (scheme enabling persons who supply electronically supplied services in any member State, but who are not established in a member State, to account for and pay VAT in the United Kingdom on those supplies) has effect.

      (2) The Treasury may by order amend Schedule 3B.

      (3) The power of the Treasury by order to amend Schedule 3B includes power to make such incidental, supplemental, consequential and transitional provision in connection with any amendment of that Schedule as they think fit.".

    (3) In Schedule 1, in paragraph 13, at the end there shall be inserted-

      "(8) This paragraph is subject to paragraph 18 of Schedule 3B (cancellation of registration under this Schedule of persons seeking to be registered under that Schedule, etc).".

    (4) After Schedule 3A there shall be inserted-

"SCHEDULE 3B

      Section 3A

      SUPPLY OF ELECTRONIC SERVICES IN MEMBER STATES: SPECIAL ACCOUNTING SCHEME

      PART 1

      REGISTRATION

        The register

        1 Persons registered under this Schedule are to be registered in a single register kept by the Commissioners for the purposes of this Schedule.

      Persons who may be registered

    2 (1) A person may be registered under this Schedule if he satisfies the following conditions.

    (2) Condition 1 is that the person makes or intends to make qualifying supplies in the course of a business carried on by him.

    (3) Condition 2 is that the person has neither his business establishment nor a fixed establishment in the United Kingdom or in another member State in relation to any supply of goods or services.

    (4) Condition 3 is that the person is not-

    (a) registered under this Act,

    (b) identified for the purposes of VAT in accordance with the law of another member State, or

    (c) registered under an Act of Tynwald for the purposes of any tax imposed by or under an Act of Tynwald which corresponds to VAT.

    (5) Condition 4 is that the person-

    (a) is not required to be registered or identified as mentioned in condition 3, or

    (b) is required to be so registered or identified, but solely by virtue of the fact that he makes or intends to make qualifying supplies.

    (6) Condition 5 is that the person is not identified under any provision of the law of another member State which implements Article 26c.

    (7) In this Schedule, "Article 26c" means Article 26c of the 1977 VAT Directive (which is inserted by Article 1(3) of the 2002 VAT Directive).

    (8) References in this Schedule to a person's being registered under this Act do not include a reference to that person's being registered under this Schedule.

    Qualifying supplies

    3 In this Schedule, "qualifying supply" means a supply of electronically supplied services (within the meaning of paragraph 7C of Schedule 5) to a person who-

      (a) belongs in the United Kingdom or another member State, and

      (b) receives those services otherwise than for the purposes of a business carried on by him.

    Registration request

    4 (1) If a person-

      (a) satisfies the Commissioners that the conditions in paragraph 2 above are satisfied in his case, and

      (b) makes a request in accordance with this paragraph (a "registration request"),

    the Commissioners must register him under this Schedule.

    (2) Sub-paragraph (1) above is subject to paragraph 9 below.

    (3) A registration request must contain the following particulars-

      (a) the name of the person making the request;

      (b) his postal address;

      (c) his electronic addresses (including any websites);

      (d) where he has been allocated a number by the tax authorities in the country in which he belongs, that number;

      (e) the date on which he began, or intends to begin, making qualifying supplies.

      (4) A registration request must include a statement that the person making the request is not-

      (a) registered under this Act,

      (b) identified for the purposes of VAT in accordance with the law of another member State, or

      (c) registered under an Act of Tynwald for the purposes of any tax imposed by or under an Act of Tynwald which corresponds to VAT.

    (5) A registration request must be made by such electronic means, and in such manner, as the Commissioners may direct or may by regulations prescribe.

    Date on which registration takes effect

    5 (1) Where a person is registered under this Schedule, his registration takes effect-

      (a) on the date on which his registration request is made, or

      (b) on such earlier or later date as may be agreed between him and the Commissioners.

    (2) For the purposes of sub-paragraph (1) above-

      (a) no registration is to take effect before 1st July 2003, and

      (b) registration requests made before that date are to be treated as if they were made on that date.

    Registration number

    6 On registering a person under this Schedule, the Commissioners must-

      (a) allocate a registration number to him, and

      (b) notify him electronically of the number.

    Obligation to notify changes

    7 (1) A person who has made a registration request must notify the Commissioners if subsequently-

      (a) there is a change in any of the particulars contained in his request in accordance with paragraph 4(3) above,

      (b) he ceases to make, or to have the intention of making, qualifying supplies, or

      (c) he ceases to satisfy the conditions in any of sub-paragraphs (3) to (6) of paragraph 2 above.

    (2) A notification under this paragraph must be given within the period of 30 days beginning with the date of the change of particulars or of the cessation.

    (3) A notification under this paragraph must be given by such electronic means, and in such manner, as the Commissioners may direct or may by regulations prescribe.

    Cancellation of registration

    8 (1) The Commissioners must cancel a person's registration under this Schedule if-

      (a) he notifies them that he has ceased to make, or to have the intention of making, qualifying supplies,

      (b) they otherwise determine that he has ceased to make, or to have the intention of making, qualifying supplies,

      (c) he notifies them that he has ceased to satisfy the conditions in any of sub-paragraphs (3) to (6) of paragraph 2 above,

      (d) they otherwise determine that he has ceased to satisfy any of those conditions, or

      (e) they determine that he has persistently failed to comply with his obligations under this Schedule.

    (2) In a case falling within sub-paragraph (1)(a) or (c) above, cancellation of a person's registration under this paragraph takes effect-

      (a) on the date on which the notification is received, or

      (b) on such earlier or later date as may be agreed between him and the Commissioners.

    (3) In a case falling within sub-paragraph (1)(b), (d) or (e) above, cancellation of a person's registration under this paragraph takes effect-

      (a) on the date on which the determination is made, or

      (b) on such earlier or later date as the Commissioners may in his particular case direct.

    Registration after cancellation for persistent default

    9 (1) The Commissioners-

      (a) are not required by paragraph 4(1) above to register a person under this Schedule if he is a persistent defaulter, but

      (b) shall have the power to do so.

    (2) In this paragraph, "persistent defaulter" means a person-

      (a) whose previous registration under this Schedule has been cancelled under paragraph 8(1)(e) above (persistent failure to comply with obligations under this Schedule), or

      (b) who has been excluded from the identification register under any provision of the law of another member State which implements Article 26c(B)(4)(d) of the 1977 VAT Directive (persistent failure to comply with rules concerning the special scheme).

    PART 2

    OBLIGATIONS FOLLOWING REGISTRATION, ETC

    Liability for VAT

    10 (1) A person is liable to pay VAT under and in accordance with this Schedule if-

      (a) he makes a qualifying supply, and

      (b) he is registered under this Schedule when he makes the supply.

    (2) The amount of VAT which a person is liable to pay by virtue of this Schedule on any qualifying supply is to be determined in accordance with sub-paragraphs (3) and (4) below.

    (3) If the qualifying supply is treated as made in the United Kingdom, the amount is the amount of VAT that would have been charged on the supply under this Act if the person had been registered under this Act when he made the supply.

    (4) If the qualifying supply is treated as made in another member State, the amount is the amount of VAT that would have been charged on the supply in accordance with the law of that member State if the person had been identified for the purposes of VAT in that member State when he made the supply.

    (5) Where a person is liable to pay VAT by virtue of this Schedule-

      (a) any amount falling to be determined in accordance with sub-paragraph (3) above is to be regarded for the purposes of this Act as VAT charged in accordance with this Act, and

      (b) any amount falling to be determined in accordance with sub-paragraph (4) above in relation to another member State is to be regarded for those purposes as VAT charged in accordance with the law of that member State.

    Obligation to submit special accounting returns

    11 (1) A person who is, or has been, registered under this Schedule must submit a return (a "special accounting return") to the Controller for each reporting period.

    (2) Each quarter for the whole or any part of which a person is registered under this Schedule is a "reporting period" in the case of that person.

    (3) The special accounting return must state the person's registration number.

    (4) For each member State in which the person is treated as having made qualifying supplies for the reporting period, the special accounting return must specify-

      (a) the total value of his qualifying supplies treated as made in that member State in that period, apart from the VAT which he is liable to pay by virtue of this Schedule in respect of those supplies,

      (b) the rate of VAT applicable to those supplies by virtue of sub-paragraph (3) or (4) (as the case may be) of paragraph 10 above, and

      (c) the total amount of VAT payable by him by virtue of this Schedule in respect of those supplies in that period.

    (5) The special accounting return must state the total amount of VAT which the person is liable to pay by virtue of this Schedule in respect of all qualifying supplies treated as made by him in all member States in the reporting period.

    (6) If a person is registered under this Schedule for part only of a reporting period, references in this paragraph to his qualifying supplies in that period are references to his qualifying supplies in that part of that period.

    (7) In this Schedule, "the Controller" means the Controller, Customs and Excise Value Added Tax Central Unit.

    Further obligations with respect to special accounting returns

    12 (1) A special accounting return must set out in sterling the amounts referred to in paragraph 11 above.

    (2) Any conversion from one currency into another for the purposes of sub-paragraph (1) above shall be made by using the exchange rates published by the European Central Bank-

      (a) for the last day of the reporting period to which the special accounting return relates, or

      (b) if no such rate is published for that day, for the next day for which such a rate is published.

    (3) A special accounting return must be submitted to the Controller within the period of 20 days after the last day of the reporting period to which it relates.

    (4) A special accounting return must be submitted by such electronic means, and in such manner, as the Commissioners may direct or may by regulations prescribe.

    Payment of VAT

    13 (1) A person who is required to submit a special accounting return must, at the same time as he submits the return, pay to the Controller in sterling the amount referred to in paragraph 11(5) above in respect of the reporting period to which the return relates.

    (2) A payment under this paragraph must be made in such manner as the Commissioners may direct or may by regulations prescribe.

    Obligations to keep and produce records

    14 (1) A person must keep records of the transactions which he enters into for the purposes of, or in connection with, qualifying supplies made by him at any time when he is registered under this Schedule.

    (2) The records to be kept must be such as will enable the tax authorities for the member State in which a qualifying supply is treated as made to determine whether any special accounting return which is submitted in respect of that supply is correct.

    (3) Any records required to be kept must be made available-

      (a) to the tax authorities for the member State in which the qualifying supply to which the records relate was treated as made, if they so request, or

      (b) to the Commissioners, if they so request.

    (4) Records must be made available electronically under sub-paragraph (3) above.

    (5) The records relating to a transaction must be maintained for a period of ten years beginning with the 1st January following the date on which the transaction was entered into.

    Commissioners' power to request production of records

    15 (1) The Commissioners may request a person to make available to them electronically records of the transactions entered into by him for the purposes of, or in connection with, qualifying supplies to which this paragraph applies.

    (2) This paragraph applies to qualifying supplies which-

      (a) are treated as made in the United Kingdom, and

      (b) are made by the person while he is identified under any provision of the law of another member State which implements Article 26c.

PART 3

UNDERSTATEMENTS AND OVERSTATEMENTS OF UK VAT

    Understatement or overstatement of UK VAT in special scheme return

    16 (1) If the Commissioners consider that a person who is or has been a participant in the special scheme has submitted a special scheme return which understates his liability to UK VAT, they may give him a notice-

      (a) identifying the return in which they consider that the understatement was made,

      (b) specifying the amount by which they consider that the person's liability to UK VAT has been understated, and

      (c) requesting him to pay that amount to the Controller within the period of 30 days beginning with the date on which the notice is given.

    (2) If the Commissioners consider that a person who is or has been a participant in the special scheme has submitted a special scheme return which overstates his liability to UK VAT, they may give him a notice-

      (a) identifying the return in which they consider that the overstatement was made, and

      (b) specifying the amount by which they consider that the person's liability to UK VAT has been overstated.

    (3) Where the Commissioners give a person a notice under sub-paragraph (2) above, they are liable to pay him the amount specified in the notice.

    (4) No notice under this paragraph may be given more than 3 years after the end of the period for which the special scheme return in question was made.

    (5) In this Schedule, "participant in the special scheme" means a person who-

      (a) is registered under this Schedule, or

      (b) is identified under any provision of the law of another member State which implements Article 26c.

    (6) In this paragraph-

    "special scheme return" means-

      (a) a special accounting return; or

      (b) a value added tax return submitted to the tax authorities of another member State;

    "UK VAT" means VAT which a person is liable to pay (whether in the United Kingdom or another member State) in respect of qualifying supplies treated as made in the United Kingdom at a time when he is or was a participant in the special scheme;

    "value added tax return", in relation to another member State, means any value added tax return required to be submitted under any provision of the law of that member State which implements Article 26c(B)(5) of the 1977 VAT Directive.

PART 4

APPLICATION OF PROVISIONS RELATING TO VAT

    Registration under this Act

    17 Notwithstanding any provision in this Act to the contrary, a participant in the special scheme is not required to be registered under this Act by virtue of making qualifying supplies.

    De-registration

    18 Where a person who is registered under Schedule 1 satisfies the Commissioners that he intends to apply for-

      (a) registration under this Schedule, or

      (b) identification under any provision of the law of another member State which implements Article 26c,

    they may, if he so requests, cancel his registration under Schedule 1 with effect from the day on which the request is made or from such later date as may be agreed between him and the Commissioners.

    VAT representatives

    19 Section 48(1) (VAT representatives) does not permit the Commissioners to direct a participant in the special scheme to appoint a VAT representative.

    Appeals

    20 (1) An appeal shall lie to a tribunal with respect to any of the following-

      (a) the registration or cancellation of the registration of any person under this Schedule;

      (b) a decision of the Commissioners to give a notice under sub-paragraph (1) of paragraph 16 above;

      (c) the amount specified in any such notice or in a notice under sub-paragraph (2) of that paragraph.

    (2) Part 5 (appeals), and any orders or regulations under that Part, have effect in relation to an appeal under this paragraph as if it were an appeal under section 83 (but not under any particular paragraph of that section).

    Payments on account of non-UK VAT to other member States

    21 (1) Neither-

      (a) paragraph 1(2) of Schedule 11, nor

      (b) section 10 of the Exchequer and Audit Departments Act 1866,

    applies to money or securities for money collected or received for or on account of VAT if required to be paid to another member State by virtue of the VAT Co-operation Regulation.

    (2) In sub-paragraph (1) above, "the VAT Co-operation Regulation" means the Council Regulation of 27 January 1992 on administrative co-operation in the field of indirect taxation (VAT) (218/92/EEC), as amended by the Council Regulation of 7 May 2002 (792/2002/EC) (which temporarily amends the VAT Co-operation Regulation as regards additional measures regarding electronic commerce).

    Refund of UK VAT

    22 (1) The provisions which give effect to the 1986 VAT Refund Directive in the United Kingdom have effect in relation to a participant in the special scheme, but with the following modifications.

    (2) The provision which gives effect to Article 2(1) of the 1986 VAT Refund Directive (as at 9th April 2003, see regulation 186 of the Value Added Tax Regulations 1995) shall apply in relation to a participant in the special scheme, but only so as to entitle him to a refund of VAT charged on-

      (a) goods imported by him into the United Kingdom, and

      (b) supplies made to him in the United Kingdom,

    in connection with the making by him of qualifying supplies while he is a participant in the special scheme.

    (3) The following provisions shall be omitted.

    (4) The first provision is that which gives effect to Article 1(1) of the 1986 VAT Refund Directive, so far as it requires a member State to prevent a person who is deemed to have supplied services in that member State during a period from being granted a refund of VAT for that period (as at 9th April 2003, see regulation 188(2)(b) of the Value Added Tax Regulations 1995).

    (5) The second provision is that which gives effect to Article 2(2) of the 1986 VAT Refund Directive (which permits member States to make refunds conditional upon the granting by third States of comparable advantages regarding turnover taxes: as at 9th April 2003, see regulation 188(1) of the Value Added Tax Regulations 1995).

    (6) The third provision is that which gives effect to Article 2(3) of the 1986 VAT Refund Directive (which permits member States to require the appointment of a tax representative: as at 9th April 2003, see regulation 187 of the Value Added Tax Regulations 1995).

    (7) The fourth provision is that which gives effect to Article 4(2) of the 1986 VAT Refund Directive (which permits member States to provide for the exclusion of certain expenditure and to make refunds subject to additional conditions).

    (8) In this paragraph "the 1986 VAT Refund Directive" means the Thirteenth Council Directive of 17th November 1986 on the harmonisation of the laws of the member States relating to turnover taxes-arrangements for the refund of value added tax to taxable persons not established in Community territory (86/560/EEC).

PART 5

SUPPLEMENTARY

    Interpretation

    23 (1) In this Schedule-

    "the 1977 VAT Directive" means the Sixth Council Directive of 17 May 1977 on the harmonisation of the laws of the member States relating to turnover taxes-common system of value added tax: uniform basis of assessment (77/388/EEC);

    "the 2002 VAT Directive" means the Council Directive of 7 May 2002 amending and amending temporarily the 1977 VAT Directive as regards the value added tax arrangements applicable to radio and television broadcasting services and certain electronically supplied services (2002/38/EC);

    "Article 26c" has the meaning given by paragraph 2(7) above;

    "the Controller" has the meaning given by paragraph 11(7) above;

    "participant in the special scheme" has the meaning given by paragraph 16(5) above;

    "qualifying supply" has the meaning given by paragraph 3 above;

    "registration number" means the number allocated to a person on his registration under this Schedule in accordance with paragraph 6(a) above;

    "registration request" is to be construed in accordance with paragraph 4(1)(b) above;

    "reporting period" is to be construed in accordance with paragraph 11(2) above;

    "special accounting return" is to be construed in accordance with paragraph 11(1) above.

    (2) References in this Schedule to a qualifying supply being "treated as made" in a member State are references to its being treated as made-

      (a) in the United Kingdom, by virtue of any provision which gives effect in the United Kingdom to Article 9(2)(f) of the 1977 VAT Directive (which is inserted by Article 1(1)(b) of the 2002 VAT Directive), or

      (b) in another member State, by virtue of any provision of the law of that member State which gives effect to that Article.

    (3) The provision which, as at 9th April 2003, is to give effect in the United Kingdom to Article 9(2)(f) of the 1977 VAT Directive (as mentioned in sub-paragraph (2)(a) above) is article 16A of the Value Added Tax (Place of Supply of Services) Order 1992 (which is prospectively inserted by article 3 of the Value Added Tax (Place of Supply of Services) (Amendment) Order 2003).".

    (5) The amendments made by this Resolution have effect in relation to qualifying supplies made on or after 1st July 2003.

    And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968;

    The House divided.

    Tellers for the Ayes, Gillian Merron, Mr Jim Murphy: 364.

    Tellers for the Noes, Hugh Robertson, Mr Desmond Swayne: 132.

    So the Question was agreed to.

    20. Stamp duty land tax

    The Question being put, That provision may be made for and in connection with the taxation of transactions involving the acquisition of-

    (a) an estate, interest right or power in or over land in the United Kingdom, or

    (b) the benefit of an obligation, restriction or condition affecting the value of any such estate, interest, right or power;

    The House divided.

    Tellers for the Ayes, Gillian Merron, Mr Jim Murphy: 318.

    Tellers for the Noes, Mr Robert Syms, Mr Laurence Robertson: 175.

    So the Question was agreed to.

    21. Stamp duty (withdrawal of group relief)

    Resolved, That the following provisions shall have effect for the period beginning with 15th April 2003 and ending 31 days after the earliest of the dates mentioned in section 50(2) of the Finance Act 1973-

    (1) Section 111 of the Finance Act 2002 shall be amended as follows.

    (2) In subsection (1)(b) for "two years" there shall be substituted "three years".

    (3) In subsection (1)(c)-

      (a) in the opening words-

      (i) for "it ceases" there shall be substituted "the transferee company ceases", and

      (ii) for "it holds" there shall be substituted "it or a relevant associated company holds";

      (b) in sub-paragraph (i) for "to it" there shall be substituted "to the transferee company"; and

      (c) for the closing words there shall be substituted "and that has not subsequently been transferred at market value by a duly stamped instrument on which ad valorem duty was paid and in respect of which group relief was not claimed".

    (4) In subsection (3)-

      (a) after "transferred" there shall be inserted "to the transferee company", and

      (b) for "what the transferee company holds at the time it ceases to be a member" there shall be substituted "what is held by that company or, as the case may be, that company and any relevant associated companies, at the time it or they cease to be members".

    (5) After subsection (4) there shall be inserted-

    "(4A) In this section "relevant associated company", in relation to the transferee company, means a company that-

      (a) is a member of the same group as the transferee company immediately before that company ceases to be a member of the same group as the transferor company, and

      (b) ceases to be a member of the same group as the transferor company in consequence of the transferee company so ceasing.".

    (6) In paragraph 4(3) of Schedule 34 to the Finance Act 2002, in paragraph (b)-

      (a) in the opening words-

      (i) for "it ceases" there shall be substituted "the transferee company ceases", and

      (ii) for "it holds" there shall be substituted "it or a relevant associated company (as defined in sub-paragraph (4) below) holds";

      (b) in sub-paragraph (i) for "to it" there shall be substituted "to the transferee company"; and

      (c) for the closing words there shall be substituted "and that has not subsequently been transferred at market value by a duly stamped instrument on which ad valorem duty was paid and in respect of which group relief was not claimed".

    (7) In the closing words of that sub-paragraph, for the words from "as if" to the end there shall be substituted "as if the transferee had then ceased to be a member of the same group as the transferor company and had then held the estate or interest referred to in paragraph (b).".

    (8) After that sub-paragraph there shall be inserted-

      "(4) In sub-paragraph (3)(b) "relevant associated company", in relation to the transferee company, means a company that is in the same group as the transferee company immediately before the transferee company ceases to be a member of the new group and which ceases to be a member of the new group in consequence of the transferee company so ceasing.".

    (9) This Resolution shall apply to instruments executed after 14th April 2003.

    (10) But this Resolution shall not apply to an instrument giving effect to a contract made on or before 9th April 2003, unless-

      (a) the instrument is made in consequence of the exercise after that date of any option, right of pre-emption or similar right, or

      (b) the instrument transfers the property in question to, or vests it in, a person other than the purchaser under the contract because of an assignment (or, in Scotland, assignation) or further contract made after that date.

    (11) This Resolution shall come into force on 15th April 2003.

    And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of section 50 of the Finance Act 1973.

    22. Stamp duty (withdrawal of relief for company acquisitions)

    Resolved, That the following provisions shall have effect for the period beginning with 15th April 2003 and ending 31 days after the earliest of the dates mentioned in section 50(2) of the Finance Act 1973-

    (1) Section 113 of the Finance Act 2002 shall be amended as follows.

    (2) In subsection (1)(b) for "two years" there shall be substituted "three years".

    (3) In subsection (1)(c)-

      (a) in the opening words, after "the acquiring company" there shall be inserted "or a relevant associated company";

      (b) in sub-paragraph (i) for "to it" there shall be substituted "to the acquiring company"; and

      (c) for the closing words there shall be substituted "and that has not subsequently been transferred at market value by a duly stamped instrument on which ad valorem duty was paid and in respect of which section 76 relief was not claimed".

    (4) In subsection (3) for "what the acquiring company holds" there shall be substituted "what is held by that company or, as the case may be, by that company and any relevant associated companies".

    (5) After subsection (3) there shall be inserted-

      "(3A) In this section "relevant associated company", in relation to the acquiring company, means a company-

      (a) that is controlled by the acquiring company immediately before the control of that company changes, and

      (b) of which control changes in consequence of the change of control of that company.".

    (6) In Schedule 35 to the Finance Act 2002, in paragraphs 3(3)(b) and 4(3)(b)-

      (a) in the opening words, after "the acquiring company" there shall be inserted "or a relevant associated company",

      (b) in sub-paragraph (i) for "to it" there shall be substituted "to the acquiring company", and

      (c) for the closing words there shall be substituted "and that has not subsequently been transferred at market value by a duly stamped instrument on which ad valorem duty was paid and in respect of which section 76 relief was not claimed".

    (7) This Resolution shall apply to instruments executed after 14th April 2003.

    (8) But this Resolution shall not apply to an instrument giving effect to a contract made on or before 9th April 2003, unless-

      (a) the instrument is made in consequence of the exercise after that date of any option, right of pre-emption or similar right, or

      (b) the instrument transfers the property in question to, or vests it in, a person other than the purchaser under the contract because of an assignment (or, in Scotland, assignation) or further contract made after that date.

    (9) This Resolution shall come into force on 15th April 2003.

    And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of section 50 of the Finance Act 1973.

    23. Income tax (charge and rates for 2003-04)

    The Question being put, That income tax shall be charged for the year 2003-04, and for that year-

      (a) the starting rate shall be 10%;

      (b) the basic rate shall be 22%;

      (c) the higher rate shall be 40%.

    And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968;

    The House divided.

      Tellers for the Ayes, Mr Nick Ainger, Charlotte Atkins: 309.

      Tellers for the Noes, Mr Robert Syms, Annette Brooke: 171.

    So the Question was agreed to.

    24. Indexed rate bands for 2003-04: PAYE deductions etc

    Resolved, That for the year 2003-04 section 1(5A) of the Income and Corporation Taxes Act 1988 shall have effect as if "14th June" were substituted for "17th May".

    And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968.

    25. Corporation tax (charge and rate for 2004)

    The Question being put, That corporation tax shall be charged for the financial year 2004 at the rate of 30%;

    The House divided.

      Tellers for the Ayes, Mr Nick Ainger, Charlotte Atkins: 337.

      Tellers for the Noes, Pete Wishart, Hywel Williams: 13.

    So the Question was agreed to.

    26. Corporation tax (small companies' rate for 2003)

    Resolved, That for the financial year 2003-

      (a) the small companies' rate shall be 19%, and

      (b) the fraction mentioned in section 13(2) of the Income and Corporation Taxes Act 1988 shall be 11/400ths.

    And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968.

    27. Corporation tax (starting rate for 2003)

    Resolved, That for the financial year 2003-

      (a) the corporation tax starting rate shall be 0%, and

      (b) the fraction mentioned in section 13AA of the Income and Corporation Taxes Act 1988 shall be 19/400ths.

    And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968.

    28. Employment income (provision of services through intermediary)

    The Question being put, That-

    (1) In section 49(1)(a) of the Income Tax (Earnings and Pensions) Act 2003, for "for the purposes of a business carried on by another person" there shall be substituted "for another person".

    (2) Section 49(2) of that Act shall be omitted.

    (3) In section 56(7) of that Act-

      (a) at the end of paragraph (a) there shall be inserted ", and";

      (b) paragraph (c) and the word "and" preceding it shall be omitted.

    (4) This Resolution shall apply in relation to services performed or due to be performed on or after 10th April 2003.

    And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968;

    The House divided.

      Tellers for the Ayes, Mr Nick Ainger, Charlotte Atkins: 338.

      Tellers for the Noes, Mr Desmond Swayne, Mr Mark Francois: 128.

    So the Question was agreed to.

    29. CSOP schemes

    Resolved, That-

    (1) Section 524 of the Income Tax (Earnings and Pensions) Act 2003 shall be amended as follows.

    (2) For subsection (1)(b) there shall be substituted-

      "(b) Condition A or B is met.".

    (3) For subsections (2) and (3) there shall be substituted-

      "(2) Condition A is that the option is exercised-

      (a) on or after the third anniversary of the date on which it was granted, but

      (b) not later than the tenth anniversary of that date.

      (2A) Condition B is that the option-

      (a) is exercised before the third anniversary of the date on which it was granted, and

      (b) is so exercised by virtue of a provision included in the scheme under paragraph 24 of Schedule 4 (exercise of options after ceasing to be director or employee) in circumstances in which subsection (2B) applies.

      (2B) This subsection applies if the individual exercising the option-

      (a) has ceased to be a full-time director or qualifying employee of the scheme organiser (or, in the case of a group scheme, a constituent company) because of injury, disability, redundancy or retirement, and

      (b) exercises the option within 6 months of the day on which he ceases to be such a director or employee.

      (2C) In subsection (2B)-

      "redundancy" means redundancy within the meaning of ERA 1996 or ER(NI)O 1996, and

      "retirement" means retirement on or after reaching the retirement age specified in the scheme.".

    (4) For section 525(1)(b) there shall be substituted-

      "(b) Condition A or B (as set out in section 524(2) or (2A)) is met.".

    (5) Section 701(2)(c) of the Income Tax (Earnings and Pensions) Act 2003 shall be amended as follows.

    (6) In sub-paragraph (i), "or 4 (approved CSOP schemes)" shall be omitted.

    (7) After that sub-paragraph there shall be inserted-

      "(ia) any shares acquired by the employee (whether or not as a result of the exercise of a right to acquire shares) under a scheme approved under Schedule 4 (approved CSOP schemes), other than shares acquired as a result of the exercise of the right before the third anniversary of the date on which it was granted or later than the tenth anniversary of that date;".

    (8) In sub-paragraph (ii), for "such a scheme" there shall be substituted "a scheme such as is mentioned in sub-paragraph (i) or (ia)".

    (9) The amendments made by paragraphs (1) to (4) of this Resolution shall have effect in relation to the exercise of an option on or after 9th April 2003 and the other amendments made by this Resolution shall have effect in relation to shares acquired on or after that date.

    And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968.

    30. Employee securities and options

    Resolved, That provision may be made about securities, and options to acquire securities, acquired pursuant to a right or opportunity available by reason of employment.

    31. Payments to third parties for the benefit of employees

    Resolved, That provision (including provision having retrospective effect) may be made about the allowability of deductions for payments made by employers to third parties for the benefit of employees.

    32. PAYE (regulations and notional deductions)

    Resolved, That provision may be made-

    (a) as to the matters that may be provided for by regulations under section 684 of the Income Tax (Earnings and Pensions) Act 2003;

    (b) amending section 710 of that Act.

    33. Interest on late payment of amounts required to be deducted from pay

    Resolved, That provision may be made about the tax treatment of interest on amounts payable under regulations made under-

    (a) section 566 of the Income and Corporation Taxes Act 1988,

    (b) paragraph 6 of Schedule 1 to the Social Security Contributions and Benefits Act 1992 or the Social Security Contributions and Benefits (Northern Ireland) Act 1992, or

    (c) section 22 of the Teaching and Higher Education Act 1998 or Article 3 of the Education (Student Support) (Northern Ireland) Order 1998.

    34. Corporation tax (permanent establishments of non-resident companies)

    Resolved, That provision (including provision having retrospective effect) may be made-

    (a) about the taxation of companies that are not resident in the United Kingdom;

    (b) about the taxation of profits of UK-resident companies attributable to permanent establishments elsewhere;

    (c) replacing references to a branch, or branch or agency, of a company with references to a permanent establishment.

    35. Life insurance policies and deferred annuity contracts

    Resolved, That provision may be made about chargeable gains on a disposal of, or of an interest in, the rights conferred by a policy of insurance or contract for a deferred annuity on the life of any person.

    36. Exercise of options and the market value rule

    Resolved, That provision may be made about the application of section 17(1) of the Taxation of Chargeable Gains Act 1992 in relation to the exercise of options.

    37. Chargeable gains (earn-out rights)

    Resolved, That provision may be made amending section 138A of the Taxation of Chargeable Gains Act 1992.

    38. Chargeable gains (attribution of gains to beneficiaries and settlors)

    Resolved, That provision may be made amending the Taxation of Chargeable Gains Act 1992 with respect to the attribution of chargeable gains to beneficiaries and settlors.

    39. Capital allowances (avoidance affecting proceeds of balancing event)

    Resolved, That-

    (1) The following section shall be inserted after section 570 of the Capital Allowances Act 2001-

      "570A Avoidance affecting proceeds of balancing event

      (1) This section applies where an event occurs in relation to an asset (a "balancing event") as a result of which a balancing allowance would (but for this section) fall to be made to a person ("the taxpayer") under Part 3, 4, 4A, 5 or 10.

      (2) The taxpayer is not entitled to any balancing allowance if, as a result of a tax avoidance scheme, the amount to be brought into account as the proceeds from the event is less than it would otherwise have been.

      (3) In subsection (2) a "tax avoidance scheme" means a scheme or arrangement the main purpose, or one of the main purposes, of which is the obtaining of a tax advantage by the taxpayer.

      (4) Where this section applies to deny a balancing allowance, the residue of qualifying expenditure immediately after the balancing event is nevertheless calculated as if the balancing allowance had been made.

      (5) In this section as it applies for the purposes of Part 5 (mineral extraction allowances)-

      (a) the references to the proceeds from the balancing event that are to be brought into account shall be read as references to the disposal value to be brought into account, and

      (b) the reference to the residue of qualifying expenditure shall be read as a reference to the unrelieved qualifying expenditure.".

    (2) This Resolution shall apply in relation to any balancing event (within the meaning of section 570A, inserted by paragraph (1) above) occurring on or after 27th November 2002, except where the event-

      (a) occurs in pursuance of a contract entered into before that date, and

      (b) does not occur in consequence of the exercise on or after that date of an option, right of pre-emption or similar right.

    And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968.

    40. Capital allowances (expenditure on software for sub-licensing)

    Resolved, That-

    (1) In subsection (1) of section 45 of the Capital Allowances Act 2001, at the end of paragraph (d) there shall be inserted "or subsection (4) below".

    (2) After subsection (3) of that section there shall be inserted-

      "(4) Expenditure on an item within Class C is not first-year qualifying expenditure under this section if the person incurring it does so with a view to granting to another person a right to use or otherwise deal with any of the software in question.".

    (3) This Resolution shall apply in relation to expenditure incurred on or after 26th March 2003.

    And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968.

    41. Research and development (staffing costs)

    Resolved, That provision may be made amending paragraph 5 of Schedule 20 to the Finance Act 2000.

    42. Tonnage tax (extension of capital allowances restriction on lessors of ships)

    Resolved, That provision (including provision having retrospective effect) may be made about the entitlement to capital allowances of a person leasing a ship to a company within tonnage tax.

    43. Insurance companies

    Resolved, That provision (including provision having retrospective effect) may be made about the taxation of insurance companies, including companies which have ceased to be insurance companies after a transfer of business.

    44. Life policies etc

    Resolved, That provision may be made in relation to policies of life insurance, contracts for life annuities and capital redemption policies.

    45. Personal pension schemes (limits on contributions)

    Resolved, That-

    (1) In section 640A(1) of the Income and Corporation Taxes Act 1988 for "for the purposes of section 640 above" there shall be substituted "for the purposes of section 638 or 640 above".

    (2) In determining "the permitted maximum" for the purposes of any provision of an existing approved scheme designed to meet the requirements of section 638(3) of that Act, a member's net relevant earnings for the year shall be taken to be the amount of his net relevant earnings after applying section 640A of that Act.

    An "existing approved scheme" means a personal pension scheme approved under Chapter 4 of Part 14 of that Act before 9th April 2003.

    (3) In section 641A(1) of that Act, for "A person who pays a contribution under approved personal pension arrangements" there shall be substituted "An individual who under approved personal pension arrangements made by him pays a contribution".

    (4) This Resolution shall have effect in relation to contributions paid on or after 9th April 2003.

    And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968.

    46. Charges under life insurance policies etc for exceptional risk of disability

    Resolved, That provision may be made about variations in insurance policies in connection with exceptional risks of disability.

    47. Currency contracts and currency options

    Resolved, That provision (including provision having retrospective effect) may be made in relation to currency contracts and currency options, as defined in Chapter 2 of Part 4 of the Finance Act 1994.

    48. Loan relationships etc

    Resolved, That provision (including provision having retrospective effect) may be made for the purposes of corporation tax in relation to-

    (a) loan relationships; and

    (b) other relationships where a company stands, or is treated as standing, in the position of a creditor or debtor in relation to a debt.

    49. Derivative contracts

    Resolved, That provision may be made for the purposes of corporation tax in relation to derivative contracts.

    50. Sale and repurchase of securities

    Resolved, That provision may be made in relation to the sale and repurchase of securities.

    51. Relevant discounted securities

    Resolved, That-

    (1) In paragraph 1 of Schedule 13 to the Finance Act 1996-

      (a) at the end of sub-paragraph (2)(b) there shall be inserted "(no account being taken of any costs incurred in connection with the transfer or redemption of the security or its acquisition)";

      (b) in sub-paragraph (3)(a) the words "reduced by the amount of any relevant costs" shall be omitted;

      (c) sub-paragraph (4) shall be omitted.

    (2) Paragraph 2 of that Schedule shall be omitted.

    (3) In paragraph 6(3) of that Schedule, for "paragraphs 1(1) and 2(1) above do not apply" there shall be substituted "paragraph 1(1) above does not apply".

    (4) Paragraphs 6(4) to (6), 7, 9A and 11 of that Schedule shall be omitted.

    (5) In paragraph 14 of that Schedule-

      (a) for the heading there shall be substituted "Strips of government securities";

      (b) in sub-paragraphs (2) and (3), the words "gilt-edged" shall be omitted;

      (c) in sub-paragraph (4), the words after paragraph (c) shall be omitted.

    (6) After that paragraph there shall be inserted-

      "Strips of government securities: losses

      14A(1) A person who sustains a loss in any year of assessment from the discount on a strip shall be entitled to relief from income tax on an amount of his income for that year equal to the amount of the loss.

      (2) The relief is due only if the person makes a claim before the end of twelve months from the 31st January following that year.

      (3) For the purposes of this paragraph a person sustains a loss from the discount on a strip where-

      (a) he transfers the strip or becomes entitled, as the person holding it, to any payment on its redemption, and

      (b) the amount paid by him for the strip exceeds the amount payable on the transfer or redemption (no account being taken of any costs incurred in connection with the transfer or redemption of the strip or its acquisition).

      The loss shall be taken to be equal to the amount of the excess, and to be sustained in the year of assessment in which the transfer or redemption takes place.

      (4) In sub-paragraph (3) above the reference to a transfer in paragraph (a) includes a reference to a deemed transfer under paragraph 14(4) above (and paragraph (b) shall be read accordingly).

      (5) This paragraph does not apply in the case of-

      (a) any transfer of a strip for the time being held under a settlement the trustees of which are not resident in the United Kingdom, or

      (b) any redemption of a strip which is so held immediately before its redemption.".

    (7) In the definition of "strip" in paragraph 15(1) of that Schedule, for "is a strip of a gilt-edged security" there shall be substituted "is a strip of a security, or would be if that section had effect with the substitution in subsection (1B) of "issued by or on behalf of the government of any territory" for "issued under the National Loans Act 1968"".

    (8) In section 710(3) of the Taxes Act 1988, after paragraph (e) there shall be inserted-

      "(f) any relevant discounted security within the meaning of Schedule 13 to the Finance Act 1996 (see paragraphs 3 and 14(1) of that Schedule).".

    (9) Subject to paragraph (10) below-

      (a) the amendments made by paragraphs (1) and (5)(c) of this Resolution shall apply in relation to costs incurred on or after 27th March 2003;

      (b) the amendments made by paragraphs (2), (3), (4), (6) and (8) of this Resolution shall apply in relation to any loss sustained from the discount on a relevant discounted security transferred or redeemed on or after that date;

      (c) the amendments made by paragraphs (5)(a) and (b) and (7) of this Resolution shall apply in relation to any security acquired on or after that date.

    (10) The amendments mentioned in paragraph (9)(a) and (b) above shall not apply in relation to costs incurred, or losses sustained, on the transfer or redemption of a relevant discounted security if-

      (a) the person transferring or redeeming the security held it continuously since a time before 27th March 2003, and

      (b) the security was listed on a recognised stock exchange at any time before that date.

    (11) No losses may be carried forward under paragraph 6(6) of Schedule 13 to the Finance Act 1996 to any year of assessment after 2002-03.

    And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968.

    52. Foster carers

    Resolved, That provision may be made in relation to income tax and capital allowances in the case of individuals who provide foster care.

    53. Court common investment funds

    Resolved, That provision may be made amending section 469A of the Income and Corporation Taxes Act 1988.

    54. Rate of landfill tax for year beginning 1st April 2003

    Resolved, That-

    (1) For the amount specified in subsection (1)(a) of section 42 of the Finance Act 1996, and the corresponding amount in subsection (2) of that section, there shall be substituted "£14".

    (2) This Resolution shall apply in relation to taxable disposals made, or treated as made, on or after 1st April 2003 and before 1st April 2004.

    And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968.

    55. Rate of landfill tax from 1st April 2004

    Resolved, That, in relation to taxable disposals made, or treated as made, on or after 1st April 2004, for the amount specified in subsection (1)(a) of section 42 of the Finance Act 1996, and the corresponding amount in subsection (2) of that section, there shall be substituted "£15".

    56. Climate change levy (miscellaneous amendments)

    Resolved, That provision may be made amending Schedule 6 to the Finance Act 2000 in relation to-

    (a) combined heat and power stations;

    (b) taxable supplies made on the basis that they are not taxable;

    (c) supplies of gas that are deemed to be made under paragraph 24 of that Schedule;

    (d) the way in which climate change levy is to be accounted for; and

    (e) assessments of climate change levy.

    57. Climate change levy (deemed supplies of electricity)

    Resolved, That-

    (1) In paragraph 5(3) of Schedule 6 to the Finance Act 2000, for "paragraph 23(3)" there shall be substituted "paragraph 20(6)(a), 20B(6)(a), 23(3) or 24".

    (2) This Resolution shall have effect in relation to supplies deemed to be made on or after 31st March 2003.

    And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968.

    58. Climate change levy (electricity from renewable sources etc)

    Resolved, That-

    (1) For sub-paragraphs (6) to (8) of paragraph 20 of Schedule 6 to the Finance Act 2000 there shall be substituted-

      "(6) If the total mentioned in sub-paragraph (3)(b) exceeds that mentioned in sub-paragraph (3)(a), then-

      (a) in a case where, at the time when the balancing period ends, an averaging period also ends because of sub-paragraph (2)(f) or (g), the supplier is for the purposes of this Schedule deemed to make at that time a taxable supply of a quantity of electricity equal to the excess;

      (b) in any other case, a balancing debit equal to the excess is carried forward to the next balancing period.".

    (2) For sub-paragraphs (6) to (8) of paragraph 20B of that Schedule there shall be substituted-

      "(6) If the total mentioned in sub-paragraph (3)(b) exceeds that mentioned in sub-paragraph (3)(a), then-

      (a) in a case where, at the time when the balancing period ends, an averaging period also ends because of sub-paragraph (2)(f) or (g), the supplier is for the purposes of this Schedule deemed to make at that time a taxable supply of a quantity of electricity equal to the excess;

      (b) in any other case, a balancing debit equal to the excess is carried forward to the next balancing period.".

    (3) The amendment made by paragraph (1) of this Resolution shall have effect where the end of the balancing period referred to in paragraph (a) of the sub-paragraph (6) substituted by that provision falls on or after 31st March 2003.

    (4) The amendment made by paragraph (2) of this Resolution shall have effect where the end of the balancing period referred to in paragraph (a) of the sub-paragraph (6) substituted by that provision falls on or after 1st April 2003.

    And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968.

    59. Insurance premium tax (treatment of divided companies)

    Resolved, That provision may be made for the purposes of insurance premium tax with respect to companies that are divided so that members and creditors of the company have rights only, or primarily, in relation to particular assets of the company.

    60. Stamp duty (company's acquisition of own shares)

    Resolved, That provision may be made amending section 66 of the Finance Act 1986.

    61. Companies in administration

    Resolved, That provision may be made, for the purposes of corporation tax, about companies which enter, are in or cease to be in administration under Schedule B1 to the Insolvency Act 1986 and companies in respect of which any corresponding event occurs, or which are subject to any corresponding procedure, otherwise than under that Act.

    62. Controlled foreign companies

    Resolved, That provision (including provision having retrospective effect) may be made amending Chapter 4 of Part 17 of the Income and Corporation Taxes Act 1988.

    63. Deduction of tax from interest (recognised clearing houses etc)

    Resolved, That-

    (1) Section 349 of the Income and Corporation Taxes Act 1988 shall be amended as follows.

    (2) In subsection (3), at the end there shall be inserted "or-

      (j) to interest paid by a recognised clearing house or recognised investment exchange carrying on business as provider of a central counterparty clearing service, in the ordinary course of that business, on margin or other collateral deposited with it by users of the service; or

      (k) to interest treated by virtue of section 730A(2)(a) or (b) (repos) as paid by a recognised clearing house or recognised investment exchange in respect of contracts made by it as provider of a central counterparty clearing service.".

    (3) In subsection (6), at the appropriate places there shall be inserted-

      ""central counterparty clearing service" means the service provided by a clearing house or investment exchange to the parties to a transaction where there are contracts between each of the parties and the clearing house or investment exchange (in place of, or as an alternative to, a contract directly between the parties);";

      ""recognised clearing house" and "recognised investment exchange" have the same meaning as in the Financial Services and Markets Act 2000 (see section 285 of that Act);".

    (4) The provisions of this Resolution shall have effect in relation to the payment of interest on or after 14th April 2003.

    And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968.

    64. Mandatory use of electronic means of payment

    Resolved, That provision may be made for requiring the use of electronic or other means for making payments under legislation relating to taxation matters.

    65. Relief from tax (incidental and consequential charges)

    Resolved, That it is expedient to authorise any incidental or consequential charges to any duty or tax (including charges having retrospective effect) that may arise from provisions designed in general to afford relief from taxation.

    Procedure (VAT on Electronic Services Supplied in any Member State),-Resolved, That, notwithstanding anything to the contrary in the practice of the House relating to the matters that may be included in Finance Bills, any Finance Bill of the present Session may include provision for and in connection with giving effect to Article 26c of Council Directive 77/388/EEC as inserted by Council Directive 2002/38/EC.

    Procedure (Donations to Charity),-Resolved, That, notwithstanding anything to the contrary in the practice of the House relating to the matters that may be included in Finance Bills, any Finance Bill of the present Session may contain provision for the payment by the Commissioners of Inland Revenue of supplements on sums falling to be paid to charities and other bodies in accordance with schemes approved under section 202 of the Income and Corporation Taxes Act 1988.

    Procedure (Exchange of Information between United Kingdom and other States or Territories),-Resolved, That, notwithstanding anything to the contrary in the practice of the House relating to the matters that may be included in Finance Bills, any Finance Bill of the present Session may include provision about-

      (a) the giving of information in relation to taxation matters, in pursuance of Community obligations, by the Commissioners of Inland Revenue or the Commissioners of Customs and Excise to tax authorities of other member States;

      (b) arrangements for the exchange of information relevant to the administration or enforcement of the tax laws of the United Kingdom and the territory to which the arrangements relate.

    Procedure (Savings Income),-Resolved, That, notwithstanding anything to the contrary in the practice of the House relating to the matters that may be included in Finance Bills, any Finance Bill of the present Session may contain provision authorising the making of regulations for implementing and for dealing with matters arising out of or related to-

      (a) any Community obligation created with a view to ensuring the effective taxation of savings income under the law of the United Kingdom and the laws of the other member States, or

      (b) any arrangements made with a territory other than a member State with a view to ensuring the effective taxation of savings income under the law of the United Kingdom and the law of the other territory.

    Procedure (Future Taxation),-Resolved, That, notwithstanding anything to the contrary in the practice of the House relating to the matters that may be included in Finance Bills, any Finance Bill of the present Session may contain the following provisions taking effect in a future year-

      (a) provision for corporation tax to be charged for the year 2004-05;

      (b) provision relating to the lower threshold in section 139(4) of the Income Tax (Earnings and Pensions) Act 2003;

      (c) provision about assets qualifying as business assets for the purposes of taper relief under Schedule A1 to the Taxation of Chargeable Gains Act 1992;

      (d) provision about gains treated as arising under Chapter 2 of Part 13 of the Income and Corporation Taxes Act 1988;

      (e) provision about the rate of landfill tax.

    Finance [Money],-Her Majesty's Recommendation having been signified to the proposed Motion relating to Finance [Money];

    Resolved, That, for the purposes of any Act of the present Session relating to finance ("the Act"), it is expedient to authorise-

    (a) the deduction from money or securities for money collected or received for or on account of value added tax of sums required by the department of the Commissioners of Customs and Excise for making payments pursuant to Article 9e of Council Regulation 218/92/EEC as inserted by Council Regulation 792/2002/EC;

    (b) the payment out of money provided by Parliament of such amounts as are required by the Commissioners of Inland Revenue to make payments under provisions of the Act relating to charities;

    (c) any increase, attributable to any provisions of the Act relating to Schedule 20 to the Finance Act 2000, in the sums deducted from the gross revenues of the department of the Commissioners of Inland Revenue for the purpose of the payment of R&D tax credits;

    (d) any increase, attributable to any provisions of the Act relating to Schedule 13 to the Finance Act 2002, in the sums deducted from the gross revenues of the department of the Commissioners of Inland Revenue for the purpose of the payment of tax credits under that Schedule.

    Ordered, That a Bill be brought in upon the foregoing Resolutions, and that the Chairman of Ways and Means, Mr Chancellor of the Exchequer, Mr Secretary Prescott, Mr Secretary Blunkett, Mr Secretary Milburn, Mr Secretary Smith, Ms Secretary Hewitt, Mr Secretary Clarke, Mr Paul Boateng, Dawn Primarolo, Ruth Kelly and John Healey do prepare and bring it in.

4    Finance Bill,-Dawn Primarolo accordingly presented a Bill 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: And the same was read the first time; and ordered to be read a second time on Monday 28th April and to be printed [Bill 94].

5    Electricity,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the draft Electricity and Gas (Energy Efficiency Obligations) (Amendment) Order 2003, which was laid before this House on 13th March, be approved-(Derek Twigg):-It was agreed to.

6    Local Government Finance,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 118 (Standing Committees on Delegated Legislation), That the Local Government Finance (England) Special Grant Report (No. 117) (House of Commons Paper No. 537) on 2003-04 Special Grant for Driving Local Authority Planning Performance, which was laid before this House on 20th March, be approved-(Derek Twigg):-It was agreed to.

7    Regulatory Reform,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 18 (Consideration of draft regulatory reform orders), That the draft Regulatory Reform (Sugar Beet Research and Education) Order 2003, which was laid before this House on 17th March, be approved-(Derek Twigg):-It was agreed to.

8    Security of Energy Supply,-A Motion was made, and the Question being put forthwith, pursuant to Standing Order No. 119 (European Standing Committees), That this House takes note of European Union Document No. 12228/02, Commission Communication, draft Directives and draft Council Decision relating to security of energy supply; and supports the Government's aim of securing practical and proportionate legislation which takes into account the Government's international obligations in the petroleum sector and contributes to the security of gas supplies within the context of a single energy market-(Derek Twigg):-It was agreed to.

9    Public Petitions,-Public Petitions from-

    (1) residents of York against the unrestricted opening of pharmacies able to dispense NHS prescriptions,

    (2) residents of pharmacists and their customers in the Tiverton and Honiton Constituency against the unrestricted opening of pharmacies able to dispense NHS prescriptions,

    (3) residents of Wooton Basset and others against the unrestricted opening of pharmacies able to dispense NHS prescriptions, and

    (4) residents of Thanet for a fast rail service between Thanet and London,

    were presented and read; and ordered to lie upon the Table and to be printed.

10    Adjournment,-A Motion was made, and the Question being proposed, That this House do now adjourn-(Derek Twigg);

    Tuesday 15th April 2003

    And the Question being put;

    Resolved, That this House do now adjourn.

    And accordingly the House, having continued to sit till nine minutes past Twelve o'clock on Tuesday morning, adjourned till Monday 28th April, pursuant to Resolution [1st April].

[Adjourned at 12.09 a.m.

Michael J. Martin
Speaker


Mr Speaker will take the Chair at half-past Two o'clock on Monday 28th April.


APPENDIX I

Papers presented or laid upon the Table:

Papers subject to Affirmative Resolution:

    1    Local Government Finance,-(1) Local Government Finance (England) Special Grant Report (No. 118) on Special Grant for Local Authorities Rated Excellent and 3* Education Performers under the Audit Commission's 2002 Comprehensive Performance Assessment, and

    (2) Local Government Finance (England) Special Grant Report (No. 119) on Special Grant for the Excellence in Cities and Excellence Cluster Programmes

    [by Act]; to be printed [Nos. 534 and 535] [Mr Secretary Clarke].

Papers subject to Negative Resolution:

    2    Education,-New School (Admissions) (England) Regulations 2003 (S.I., 2003, No. 1041), dated 7th April 2003 [by Act] [Mr Secretary Clarke].

    3    Police,-Police (Northern Ireland) Act 2000 (Designated Places of Detention) Order 2003 (S.R. (N.I.), No. 232), dated 11th April 2003 [by Act] [Mr Secretary Murphy].

    4    Social Security,-(1) Social Security and Child Support (Miscellaneous Amendments) Regulations 2003 (S.I., 2003, No. 1050), dated 7th April 2003, and

    (2) Social Security (Incapacity Benefit) (Her Majesty's Forces) (Amendment) Regulations 2003 (S.I., 2003, No. 1068), dated 10th April 2003

    [by Act] [Mr Secretary Smith].

Other Papers:

    5    Education and Skills,-Department for Education and Skills Minute, dated 14th April 2003, concerning a contingent liability in respect of arrangements to allow the appointment of a receiver to manage the affairs of former Training and Enterprise Councils [by Command] [Mr Secretary Clarke].

APPENDIX II

Standing Committees

    1    Anti-social Behaviour Bill,-The Speaker has appointed Mr Bill O'Brien Chairman of Standing Committee G in respect of the Bill.

    2    Anti-social Behaviour Bill (Programming Sub-Committee),-The Speaker has appointed Mr Bob Ainsworth, Annette Brooke, Paul Clark, Caroline Flint, Mr Mark Francois, Mr John Heppell and Mr James Paice members of the Programming Sub-Committee of Standing Committee G in respect of the Bill.

APPENDIX III

Reports from Select Committees

    1    Home Affairs,-Fourth Report from the Home Affairs Committee [Asylum Removals], together with Appendices to the Minutes of Evidence taken before the Committee; to be printed, with the Minutes of Proceedings of the Committee relating to the Report [No. 654] [Mr Chris Mullin].

    2    Northern Ireland Affairs,-(1) Minutes of Evidence taken before the Northern Ireland Affairs Committee on 7th April [Peace II]; to be printed [No. 653-i]; and

    (2) Minutes of evidence taken before the Committee on 8th April [The Illegal Drugs Trade and Drug Culture in Northern Ireland]; to be printed [No. 353-v]

    [Mr Michael Mates].

    3    Treasury,-(1) Fourth Special Report from the Treasury Committee [Responses to the Third Report from the Committee, on Split Capital Investment Trusts]; to be printed [No. 651]; and

    (2) Minutes of Evidence taken before the Committee [The 2003 Budget]; to be printed [Nos. 652-i and -ii]

    [Mr John McFall].



 
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