Finance Bill - continued        House of Lords

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SCHEDULE 3
 
  VEHICLE EXCISE DUTY ON NEW CARS AND VANS
      After Part I of Schedule 1 to the Vehicle Excise and Registration Act 1994, insert-
 
 
"PART IA
  LIGHT PASSENGER VEHICLES: GRADUATED RATES OF DUTY
 
Vehicles to which this Part applies
     1A. - (1) This Part of this Schedule applies to a vehicle which-
 
 
    (a) is first registered on or after 1st March 2001, and
 
    (b) is so registered on the basis of an EC certificate of conformity or UK approval certificate that-
 
      (i) identifies the vehicle as having been approved as a light passenger vehicle, and
 
      (ii) specifies a CO2 emissions figure in terms of grams per kilometre driven.
      (2) In sub-paragraph (1)(b)(i) a "light passenger vehicle" means a vehicle within Category M1 of Annex II to Council Directive 70/156/EEC (vehicle with at least four wheels used for carriage of passengers and comprising no more than 8 seats in addition to the driver's seat).
 
      (3) For the purposes of this Part of this Schedule "the applicable CO2 emissions figure" is-
 
 
    (a) where the EC certificate of conformity or UK approval certificate specifies only one CO2 emissions figure, that figure, and
 
    (b) where it specifies more than one, the figure specified as the CO2 emissions (combined) figure.
      (4) Where the car is registered on the basis of an EC certificate of conformity, or UK approval certificate, that specifies separate CO2 emissions figures in terms of grams per kilometre driven for different fuels, "the applicable CO2 emissions figure" is the lowest figure specified or, in a case within sub-paragraph (3)(b), the lowest CO2 emissions (combined) figure specified.
 
      (5) If a vehicle is on first registration a vehicle to which this Part of this Schedule applies-
 
 
    (a) its status as such a vehicle, and
 
    (b) the applicable CO2 emissions figure,
       are not affected by any subsequent modification of the vehicle.
 
 
Graduated rates of duty
     1B. The annual rate of vehicle excise duty applicable to a vehicle to which this Part of this Schedule applies shall be determined in accordance with the following table by reference to-
 
 
    (a) the applicable CO2 emissions figure, and
 
    (b) whether the vehicle qualifies for the reduced rate of duty, or is liable to the standard rate or the premium rate of duty.
 
 
CO2 emissions figure 
 
Rate
 
(1)
 
(2)
 
(3)
 
(4)
 
(5)
 
(6)
 
Exceeding
 
Not Exceeding
 
Reduced rate
 
Standard rate
 
Premium rate
 
g/km
 
g/km
 
£
 
£
 
£
 
-
 
150
 
90
 
100
 
110
 
150
 
165
 
110
 
120
 
130
 
165
 
185
 
130
 
140
 
150
 
185
 
-
 
150
 
155
 
160
 
The reduced rate
     1C. - (1) A vehicle qualifies for the reduced rate of duty if condition A, B or C below is met.
 
      (2) Condition A is that the vehicle is constructed or modified-
 
 
    (a) so as to be propelled by a prescribed type of fuel, or
 
    (b) so as to be capable of being propelled by any of a number of prescribed types of fuel,
       and complies with any other requirements prescribed for the purposes of this condition.
 
      (3) Condition B is that the vehicle-
 
 
    (a) incorporates before its first registration equipment enabling it to meet such vehicle emission standards as may be prescribed for the purposes of this condition, and
 
    (b) has incorporated such equipment since its first registration.
      (4) Condition C is that the vehicle is of a description certified by the Secretary of State, before the vehicle's first registration, as meeting such vehicle emission standards as may be prescribed for the purposes of this condition.
 
      (5) The Secretary of State may make provision by regulations-
 
 
    (a) for the making of an application to the Secretary of State for the issue of a certificate under sub-paragraph (4);
 
    (b) for the manner in which any determination of whether to issue such a certificate on such an application is to be made;
 
    (c) for the examination of one or more vehicles of the description to which the application relates, for the purposes of the determination mentioned in paragraph (b), by such persons, and in such manner, as may be prescribed;
 
    (d) for a fee to be paid for such an examination;
 
    (e) for the form and content of such a certificate;
 
    (f) for the revocation, cancellation or surrender of such a certificate;
 
    (g) for the fact that such a certificate is, or is not, in force in respect of a description of vehicle to be treated as having conclusive effect for the purposes of this Act as to such matters as may be prescribed; and
 
    (h) for appeals against any determination not to issue such a certificate.
 
The standard rate
     1D. A vehicle is liable to the standard rate of duty if it does not qualify for the reduced rate and is not liable to the premium rate.
 
 
The premium rate
     1E. - (1) A vehicle is liable to the premium rate of duty if-
 
 
    (a) it is constructed or modified so as to be propelled solely by diesel, and
 
    (b) it is not of a prescribed description.
      (2) In sub-paragraph (1)(a) "diesel" means any diesel fuel within the definition in Article 2 of Directive 98/70/EC of the European Parliament and of the Council.
 
 
Meaning of "prescribed"
     1F. In this Part of this Schedule "prescribed" means prescribed by regulations made by the Secretary of State with the consent of the Treasury.
 
 
Meaning of "EC certificate of conformity" and "UK approval certificate"
     1G. - (1) References in this Part of this Schedule to an "EC certificate of conformity" are to a certificate of conformity issued by a manufacturer under any provision of the law of a Member State implementing Article 6 of Council Directive 70/156/EEC, as amended.
 
      (2) References in this Part of this Schedule to a "UK approval certificate" are to a certificate issued under-
 
 
    (a) section 58(1) or (4) of the Road Traffic Act 1988, or
 
    (b) Article 31A(4) or (5) of the Road Traffic (Northern Ireland) Order 1981.
  PART IB
  LIGHT GOODS VEHICLES
 
Vehicles to which this Part applies
     1H. - (1) This Part of this Schedule applies to a vehicle which-
 
 
    (a) is first registered on or after 1st March 2001, and
 
    (b) is so registered on the basis of an EC certificate of conformity or UK approval certificate that identifies the vehicle as having been approved as a light goods vehicle.
      (2) In sub-paragraph (1)(b) a "light goods vehicle" means a vehicle within Category N1 of Annex II to Council Directive 70/156/EEC (vehicle with four or more wheels used for carriage of goods and having a maximum mass not exceeding 3.5 tonnes).
 
      (3) If a vehicle is on first registration a vehicle to which this Part of this Schedule applies its status as such a vehicle is not affected by a subsequent modification of the vehicle.
 
      (4) In this paragraph "EC certificate of conformity" and "UK approval certificate" have the same meaning as in Part IA of this Schedule.
 
 
Annual rate of duty
     1J. The annual rate of vehicle excise duty applicable to a vehicle to which this Part of this Schedule applies is £160.".
 
 
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