Finance Act 2001
2001 c. 9
An Act to grant certain duties, to alter other duties, and to amend the law relating to the National Debt and the Public Revenue, and to make further provision in connection with Finance.
[11th May 2001]
Most Gracious Sovereign,
We, Your Majesty’s most dutiful and loyal subjects, the Commons of the United Kingdom in Parliament assembled, towards raising the necessary supplies to defray Your Majesty’s public expenses, and making an addition to the public revenue, have freely and voluntarily resolved to give and grant unto Your Majesty the several duties hereinafter mentioned; and do therefore most humbly beseech Your Majesty that it may be enacted, and be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
(1) In section 6(1A) of the Hydrocarbon Oil Duties Act 1979 (c. 5) (rates of duty on hydrocarbon oil)—
(a) in paragraph (a) (ultra-low sulphur petrol), for “£0.4782” substitute “ £0.4582 ”; and
(b) in paragraph (c) (ultra-low sulphur diesel), for “£0.4882” substitute “ £0.4582 ”.
(2) That subsection shall have effect until midnight on 14th June 2001 as if for paragraph (b) (other light oil) there were substituted—
(ba) £0.5268 in the case of unleaded petrol other than ultra low sulphur petrol;
(bb) £0.5468 in the case of light oil not within paragraph (a) or (ba) above;
.
After that, paragraph (b) shall have effect as it did before.
(3) In section 8(3) of the Hydrocarbon Oil Duties Act 1979 (c. 5) (rate of duty on road fuel gas) for “£0.1500” substitute “ £0.0900 ”.
(4) This section shall be deemed to have come into force at 6 o’clock in the evening of 7th March 2001.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) In paragraph 1(1) of Schedule 2A to that Act (converting unleaded petrol into leaded petrol)—
(a) for paragraphs (a) and (b) substitute—
(ab) adding lead to unleaded petrol in respect of which a rebate has been allowed under section 13A;
;
and
(b) in paragraph (c)—
(i) for “paragraph (a)” substitute “ paragraph (aa) ”, and
(ii) for “paragraph (b)” substitute “ paragraph (ab) ”.
(3) For paragraph 2A of that Schedule (mixing different kinds of unleaded petrol) substitute—
2A (1) A mixture which is unleaded petrol is produced in contravention of this paragraph if the mixture is produced by mixing—
(a) petrol on which duty has been paid at the rate specified in section 6(1A)(a), and
(b) petrol in respect of which a rebate has been allowed under section 13A,
and the mixture produced is unleaded petrol that is not ultra low sulphur petrol.
(2) This paragraph is subject to any direction given under paragraph 3.
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(4) In paragraph 8 of that Schedule (rate of duty on mixtures of light oil), for sub-paragraph (3A) substitute—
(3A) In the case of a mixture produced in contravention of paragraph 2A above, the rate is that produced by deducting from the rate in force under section 6(1A)(b) at the time the mixture is produced the rebate which at that time is in force under section 13A.
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(5) This section shall be deemed to have come into force at 6 o’clock in the evening of 7th March 2001.
(1) In the Hydrocarbon Oil Duties Act 1979 (c. 5), after section 20AA insert—
Power to allow reliefs for fuel testing etc
20AB (1) The Commissioners may by regulations make provision allowing reliefs as regards excise duty charged in respect of experimental fuel where—
(a) the fuel is, or is to be, used for the purposes of a fuel-testing project that is approved by the Commissioners,
(b) the project is approved for the purposes of the development of the fuel (see subsection (8)(a) below), and
(c) the use takes place, or is to take place, during the period that, for the purposes of the project, is the relief period for the fuel (see subsection (8)(b) below).
(2) In this section “experimental fuel” means a substance of a description specified in regulations made by the Commissioners.
(3) For each experimental fuel, the Commissioners shall by regulations make provision specifying—
(a) the beginning and end of the period that is the experimental period for that fuel; and
(b) the form that (subject to any directions under subsection (9)(a) below) is to be taken by relief under this section as regards excise duty chargeable on that fuel.
(4) A form of relief specified under subsection (3)(b) above must be an authorised form; and for the purposes of this section “an authorised form” is—
(a) a repayment, or
(b) a rebate (or extra rebate).
(5) Relief under this section shall be allowed—
(a) to the extent specified in, or determined in accordance with, regulations under subsection (1) above, and
(b) subject to—
(i) such conditions as the Commissioners may impose, and
(ii) any directions under subsection (9)(b) below.
(6) The conditions that may be imposed under subsection (5)(b)(i) above include, in particular, conditions in connection with—
(a) the collection, keeping, compilation or analysis, or
(b) the supply to the Commissioners or other persons,
of data, or information, relating to the production, use or performance of an experimental fuel.
(7) Subsections (8) and (9) below apply where the Commissioners have approved a fuel-testing project.
(8) The Commissioners shall give directions specifying—
(a) each experimental fuel for the purposes of whose development the project is approved;
(b) for each fuel specified under paragraph (a) above, the beginning and end of the period that, for the purposes of the project, is (in accordance with subsection (10) below) the relief period for the fuel; and
(c) any conditions imposed under subsection (5)(b)(i) above that apply to the allowance under this section of relief as regards excise duty chargeable in respect of an experimental fuel used, or to be used, for the purposes of the project.
(9) The Commissioners may give directions—
(a) providing for relief as regards excise duty chargeable in respect of an experimental fuel used, or to be used, for the purposes of the project to take an authorised form different to the form specified under subsection (3)(b) above;
(b) as to administration in connection with allowing reliefs under this section as regards excise duty chargeable in respect of an experimental fuel used, or to be used, for the purposes of the project.
(10) For the purposes of subsection (8)(b) above—
(a) the beginning of the relief period for a fuel may not be earlier than the beginning of the experimental period for that fuel; and
(b) the end of the relief period for a fuel may not be later than the end of the experimental period for that fuel.
(11) In this section—
“excise duty” means—
excise duty chargeable by virtue of this Act, or
any addition to such duty by virtue of section 1 of the Excise Duties (Surcharges or Rebates) Act 1979 (c. 8);
“fuel-testing project” means a pilot project connected with the technological development of environment-friendly fuels.
(12) Regulations under this section may make different provision for different cases.
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(2) In section 24(1) of the Hydrocarbon Oil Duties Act 1979 (c. 5) (regulations for the purposes of provisions providing for rebates etc.), after “section 19A” insert “ , section 20AB ”.
(3) In section 27(1) of the Hydrocarbon Oil Duties Act 1979 (interpretation), in the definition of “rebate”, for “or 14” substitute “ , 14 or 20AB ”.
(4) In section 12B(1)(h) of the Finance Act 1994 (c. 9) (excise duty reliefs that may be recovered under section 12A when wrongly given), after “allowed to a person by virtue of section 20AA” insert “ or 20AB ”.
(1) For the Table of rates of duty in Schedule 1 to the Tobacco Products Duty Act 1979 (c. 7) substitute—
TABLE
1. Cigarettes | An amount equal to 22 per cent. of the retail price plus 92.25 per thousand cigarettes.
2. Cigars | 134.69 per kilogram.
3. Hand-rolling tobacco | 96.81 per kilogram.
4. Other smoking tobacco and chewing tobacco | 59.21 per kilogram.
(2) This section shall be deemed to have come into force at 6 o’clock in the evening of 7th March 2001.
In section 62(5) of the Alcoholic Liquor Duties Act 1979 (c. 4) (regulations providing for the management of the duty on cider), after paragraph (d) insert—
(e) regulating and, in such circumstances as may be prescribed in the regulations, prohibiting the addition of substances to, the mixing of, or the carrying out of other operations on or in relation to, cider.
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(1) Schedule 1 to this Act (which makes provision about general betting duty) has effect.
(2) This section shall come into force in accordance with such provision as the Commissioners of Customs and Excise may make by order made by statutory instrument.
(1) For the table in section 11(2) of the Finance Act 1997 (c. 16) (rates of gaming duty) substitute—
TABLE
Part of gross gaming yield | Rate
The first £484,500 | 2.5 per cent.
The next £1,076,000 | 12.5 per cent.
The next £1,076,000 | 20 per cent.
The next £1,883,500 | 30 per cent.
The remainder | 40 per cent.
(2) This section has effect in relation to accounting periods beginning on or after 1st April 2001.
(1) In paragraph 1 of Schedule 1 to the Vehicle Excise and Registration Act 1994 (c. 22) (rate of duty applicable where no other rate specified), in sub-paragraphs (2) and (2A) for “1,200 cubic centimetres” (the reduced rate threshold) substitute “ 1,549 cubic centimetres ”.
This amendment applies to licences issued on or after 1st July 2001.
(2) Refunds shall be made by the Secretary of State, in accordance with the following provisions of this section, in respect of licences—
(a) issued in the period beginning with 1st November 2000 and ending with 30th June 2001, and
(b) not surrendered before the end of that period,
where the amount of vehicle excise duty chargeable on the licence would have been less if the amendment in subsection (1) had applied.
(3) The amount of the refund is—
(a) £55 for a 12 month licence, and
(b) £27.50 for a 6 month licence.
(4) The person entitled to the refund is—
(a) in the case of a licence in force on 30th June 2001, the keeper of the vehicle on that date;
(b) in the case of a licence that has ceased to be in force before that date, the keeper of the vehicle when the licence expired.
(5) For the purposes of subsection (4) the keeper of the vehicle shall be taken to be—
(a) the person registered as keeper of the vehicle on the date in question, or
(b) if the Secretary of State has received notification of a change of ownership of the vehicle as a result of which another person is on that date entitled to be registered as the new keeper of the vehicle, that person.
(6) A refund shall only be made if an application is made for it in such form, and containing such particulars and supported by such documents, as the Secretary of State may require.
(7) The Secretary of State shall give notice in writing to any person appearing to him to be entitled to a refund—
(a) informing him that he appears to be entitled to a refund,
(b) enclosing an application form, and
(c) specifying the particulars and supporting documents to be provided.
(8) An application for, or the making of, a refund under this section in respect of a licence does not affect the validity of the licence.
(9) For the purposes of section 19 of the Vehicle Excise and Registration Act 1994 (c. 22) (surrender of licences) as it applies to the surrender on or after 1st July 2001 of a licence in respect of which a refund under this section has been made, or applied for, the annual rate of duty chargeable on the licence shall be taken to be that which would have been chargeable if the amendment in subsection (1) above had applied.
(10) Section 45 of that Act (offence of false or misleading declaration) applies to a declaration in connection with an application for a refund under this section as it applies to a declaration in connection with an application for a vehicle licence.
(11) In the application of this section to Northern Ireland, references to registration as the keeper of a vehicle shall be read as references to registration as the owner of the vehicle.
(12) This section shall come into force on 1st July 2001.
(1) Schedule 2 to this Act (which makes provision for new rates of vehicle excise duty for goods vehicles etc.) has effect.
(2) The provisions of that Schedule apply in relation to licences issued on or after 1st December 2001.
10 Rates of duty for vehicles used for exceptional loads
(1) Part 6 of Schedule 1 to the Vehicle Excise and Registration Act 1994 (annual rates of vehicle excise duty: vehicles used for exceptional loads) is amended as follows.
(2) In paragraph 6(2A)(a) (vehicles not satisfying reduced pollution requirements), for “£5,170” substitute “ £2,585 ”.
(3) In paragraph 6(2A)(b) (vehicles satisfying reduced pollution requirements), for “£4,170” substitute “ £2,085 ”.
(4) The provisions of this section apply in relation to licences issued on or after 1st December 2001.
(1) In Part 5 of Schedule 1 to the Vehicle Excise and Registration Act 1994 (c. 22) (annual rates of vehicle excise duty: recovery vehicles), paragraph 5(1) is amended as follows.
(2) For paragraphs (a) and (b) substitute—
(a) if it has a revenue weight exceeding 3,500 kilograms and not exceeding 25,000 kilograms, the same as the basic goods vehicle rate;
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(3) In paragraph (c) (vehicle with revenue weight exceeding 25,000 kilograms charged at 500 per cent of basic goods vehicle rate), for “500” substitute “ 250 ”.
(4) The provisions of this section apply in relation to licences issued on or after 1st December 2001.
(1) Part 4 of Schedule 1 to the Vehicle Excise and Registration Act 1994 (annual rates of duty: special vehicles) is amended as follows.
(2) In paragraph 4(2), after paragraph (d) insert—
(dd) mobile pumping vehicle,
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(3) In paragraph 4, after sub-paragraph (5) insert—
(5A) In sub-paragraph (2)(dd) “mobile pumping vehicle” means a vehicle—
(a) which is constructed or adapted for use and used for the conveyance of a pump and a jib satisfying the requirements specified in sub-paragraph (5B),
(b) which is used on public roads only—
(i) when the vehicle is stationary and the pump is being used to pump material from a point in the immediate vicinity to another such point, or
(ii) for the purpose of proceeding to and from a place where the pump is to be or has been used, and
(c) which, when so proceeding, does not carry—
(i) the material that is to be or has been pumped, or
(ii) any other load except such as is necessary for the propulsion or equipment of the vehicle or for the operation of the pump.
(5B) The requirements are that each of the pump and the jib is—
(a) built in as part of the vehicle, and
(b) designed so that material pumped by the pump is delivered to a desired height or depth through piping that—
(i) is attached to the pump and the jib, and
(ii) is raised or lowered to that height or depth by operation of the jib.
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(4) In paragraph 1A (old vehicles) of Schedule 2 to the Vehicle Excise and Registration Act 1994 (exempt vehicles)—
(a) in sub-paragraph (2)(b)(ii) (mobile cranes etc. not exempt vehicles under paragraph 1A), after “mobile crane,” insert “ mobile pumping vehicle, ”, and
(b) in sub-paragraph (5) (definitions), after “mobile crane” insert “ , mobile pumping vehicle ”.
(5) The amendments made by subsections (2) to (4) apply to licences issued after the day on which this Act is passed.
(6) Where—
(a) a licence was issued on or before that day for a mobile pumping vehicle (within the meaning given by the paragraph 4(5A) inserted by subsection (3)) on the basis that the vehicle was a mobile crane (within the meaning given by paragraph 4(5) of Schedule 1 to the Vehicle Excise and Registration Act 1994 (c. 22)), and
(b) vehicle excise duty was paid accordingly,
the vehicle shall be deemed to have been a mobile crane at any time on or before that day when the licence was in force (but this does not affect proceedings in any court that were concluded on or before that day).
(1) In Schedule 2 to the Vehicle Excise and Registration Act 1994 (exempt vehicles), after paragraph 20A insert—
Tractors
20B (1) A vehicle is an exempt vehicle if it is—
(a) an agricultural tractor, or
(b) an off-road tractor.
(2) In sub-paragraph (1) “agricultural tractor” means a tractor used on public roads solely for purposes relating to agriculture, horticulture, forestry or activities falling within sub-paragraph (3).
(3) The activities falling within this sub-paragraph are—
(a) cutting verges bordering public roads;
(b) cutting hedges or trees bordering public roads or bordering verges which border public roads.
(4) In sub-paragraph (1) “off-road tractor” means a tractor which is not an agricultural tractor (within the meaning given by sub-paragraph (2)) and which is—
(a) designed and constructed primarily for use otherwise than on roads, and
(b) incapable by reason of its construction of exceeding a speed of twenty-five miles per hour on the level under its own power.
Light agricultural vehicles
20C (1) A vehicle is an exempt vehicle if it is a light agricultural vehicle.
(2) In sub-paragraph (1) “light agricultural vehicle” means a vehicle which—
(a) has a revenue weight not exceeding 1,000 kilograms,
(b) is designed and constructed so as to seat only the driver,
(c) is designed and constructed primarily for use otherwise than on roads, and
(d) is used solely for purposes relating to agriculture, horticulture or forestry.
Agricultural engines
20D An agricultural engine is an exempt vehicle.
Mowing machines
20E A mowing machine is an exempt vehicle.
Steam powered vehicles
20F A steam powered vehicle is an exempt vehicle.
Electrically propelled vehicles
20G An electrically propelled vehicle is an exempt vehicle.
Snow ploughs
20H A vehicle is an exempt vehicle when it is—
(a) being used,
(b) going to or from the place where it is to be or has been used, or
(c) being kept for use,
for the purpose of clearing snow from public roads by means of a snow plough or similar device (whether or not forming part of the vehicle).
Gritters
20J A vehicle is an exempt vehicle if it is constructed or adapted, and used, solely for the conveyance of machinery for spreading material on roads to deal with frost, ice or snow (with or without articles or material used for the purposes of the machinery).
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(2) In Part 2 of Schedule 1 to the Vehicle Excise and Registration Act 1994 (c. 22) (annual rates of duty: motorcycles), paragraph 2 is amended as follows—
(a) in sub-paragraph (1)(a) (rate of duty for electrically propelled motorcycles etc.), omit “or the motorcycle is an electrically propelled vehicle”, and
(b) in sub-paragraph (3), in the definition of “motorcycle”, after “motortricycle” insert “ but does not include an electrically propelled vehicle ”.
(3) Part 4A of Schedule 1 to the Vehicle Excise and Registration Act 1994 (annual rates of duty: special concessionary vehicles) shall cease to have effect.
(4) The amendments made by subsections (1) to (3) and (13) apply to licences issued on or after 1st April 2001.
(5) Subsection (6) applies where a licence—
(a) is issued before 1st April 2001 for a relevant vehicle, and
(b) is in force on 1st April 2001 or comes into force after 1st April 2001.
(6) The licence shall, during the period—
(a) beginning with the later of 1st April 2001 and the day when it comes into force, and
(b) ending with the expiry of the period for which it is issued,
be deemed to be a nil licence for the purposes of the Vehicle Excise and Registration Act 1994 (c. 22).
(7) A refund shall be made by the Secretary of State, in accordance with the following provisions of this section, in respect of a licence for a relevant vehicle that—
(a) is issued before 1st March 2001, in force on 1st March 2001 and not surrendered before 1st April 2001,
(b) is issued before 1st March 2001, comes into force after 1st March 2001 and is not surrendered before 1st April 2001, or
(c) is issued in March 2001 and not surrendered before 1st April 2001.
(8) The amount of the refund is one-twelfth of the annual rate of duty chargeable on the licence for—
(a) in the case of a licence issued before 1st March 2001, each whole month after February 2001 that forms part of the period for which the licence was issued, and
(b) in the case of a licence issued on or after 1st March 2001, each whole month of the period for which the licence is issued.
(9) The person entitled to the refund is the person registered as the keeper of the relevant vehicle on 30th April 2001.
(10) The provisions of sections 10(2) and 19 of the Vehicle Excise and Registration Act 1994 (surrender of licences) do not apply to a licence in respect of which a person is entitled to a refund under this section.
(11) In the application of this section to Northern Ireland, references to registration as the keeper of a vehicle shall be read as references to registration as the owner of the vehicle.
(12) In subsections (5) to (9) “relevant vehicle” means a vehicle of any of the descriptions mentioned in the paragraphs 20B to 20J inserted by subsection (1).
(13) For section 16(1) of the Finance Act 1996 (c. 8) substitute—
(1) Schedule 1 to the Vehicle Excise and Registration Act 1994 (annual rates of duty) is amended as follows.
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(14) This section shall be deemed to have come into force on 1st April 2001.
15 Payments by Commissioners in case of error or delay
Schedule 3 to this Act (which allows or requires the Commissioners of Customs and Excise to make payments in cases of error or delay in relation to excise duty) has effect.
(1) A tax, to be known as aggregates levy, shall be charged in accordance with this Part on aggregate subjected to commercial exploitation.
(2) The charge to the levy shall arise whenever a quantity of taxable aggregate is subjected, on or after the commencement date, to commercial exploitation in England, Wales or Northern Ireland.
(3) The person charged with the levy arising on any occasion on a quantity of aggregate subjected to commercial exploitation shall be the person responsible for its being so subjected on that occasion.
(4) The levy shall be charged at the rate of £2.16 per tonne of aggregate subjected to commercial exploitation; and the amount of levy charged on a part of a tonne of aggregate shall be the proportionately reduced amount.
(5) The levy shall be under the care and management of the Commissioners of Customs and Excise (in this Part referred to as “the Commissioners”).
(6) In this Part “the commencement date” means such date as the Treasury may by order made by statutory instrument appoint for the purposes of this section.
17 Meanings of “aggregate” and “taxable aggregate”
(1) In this Part “aggregate” means (subject to section 18 below) any rock, gravel or sand, together with whatever substances are for the time being incorporated in the rock, gravel or sand or naturally occur mixed with it.
(2) For the purposes of this Part any quantity of aggregate is, in relation to any occasion on which it is subjected to commercial exploitation, a quantity of taxable aggregate except to the extent that—
(a) it is exempt under this section;
(b) it has previously been used for construction purposes (whether before or after the commencement date);
(c) it is, or derives from, any aggregate that has already been subjected to a charge to aggregates levy;
(ca) it has on or after the day appointed under section 18(4) of the Scotland Act 2016 (and prior to being moved to England, Wales or Northern Ireland) been removed from a relevant Scottish site to premises in Scotland of a person carrying on a business in Scotland;
(cb) it has—
(i) on or after the day appointed under section 18(4) of the Scotland Act 2016 been removed from a site in England, Wales or Northern Ireland that falls within section 19(2) in relation to that quantity of aggregate, and
(ii) subsequently been moved to premises in Scotland of a person carrying on a business in Scotland, prior to being moved to the place in England, Wales or Northern Ireland where it is subjected to commercial exploitation;
(d) it is aggregate that on the commencement date is on a site other than-
(i) its originating site, or
(ii) a site that is required to be registered under the name of a person who is the operator, or one of the operators, of that originating site.
(3) For the purposes of this Part aggregate is exempt under this section if—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) it consists wholly of aggregate won—
(i) by being removed from the bed of any river, canal or watercourse (whether natural or artificial) or of any channel in or approach to any port or harbour (whether natural or artificial); and
(ii) in the course of the carrying out of any dredging undertaken exclusively for the purpose of creating, restoring, improving or maintaining that river, canal, watercourse, channel or approach;
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(da) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) it consists wholly of the spoil, waste or other by-products , not including the overburden, resulting from the extraction or other separation from any quantity of aggregate of any china clay or ball clay; ...
(f) it consists wholly of the spoil from any process by which—
(i) coal, lignite or slate ..., or
(ii) a substance listed in section 18(3) below,
has been separated from other rock after being extracted or won with that other rock ; or
(g) it consists wholly of aggregate won by being removed from the ground on the site of any or any proposed structure, or the site of any or any proposed infrastructure relating to transportation or utilities, in the course of excavations lawfully carried out—
(i) in connection with, and necessary for, the construction, modification, maintenance or improvement of the structure or infrastructure, and
(ii) not for the purpose of extracting that aggregate.
(3A) In subsection (2)(ca) the reference to premises in Scotland does not include any premises located at a site that is a relevant Scottish site in relation to the quantity of aggregate.
(4) For the purposes of this Part a quantity of any aggregate shall be taken to be a quantity of aggregate that is exempt under this section if it consists wholly or mainly of any one or more of the following, or is part of anything so consisting, namely—
(a) coal, lignite or slate ...;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) the spoil or waste from, or other by-products of—
(i) any industrial combustion process, or
(ii) the smelting or refining of metal;
(d) the drill-cuttings resulting from any operations carried out in accordance with a licence granted under the Petroleum Act 1998 (c. 17) or the Petroleum (Production) Act (Northern Ireland) 1964...;
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f) clay, soil or vegetable or other organic matter.
(5) For the purposes of this section aggregate subjected to exploitation in England, Wales or Northern Ireland is aggregate that has already been subjected to a charge to aggregates levy if, and only if—
(a) there has been a previous occasion on which a charge to aggregates levy on that aggregate has arisen; and
(b) at least some of the aggregates levy previously charged on that aggregate is either—
(i) levy in respect of which there is or was no entitlement to a tax credit; or
(ii) levy in respect of which any entitlement to a tax credit is or was an entitlement to a tax credit of an amount less than the amount of the levy charged on it.
(6) For the purposes of subsection (5)(b) above, any credit the entitlement to which arises in a case which—
(a) falls within section 30(1)(c) below , 30A or 30B, and
(b) is prescribed for the purposes of this subsection,
shall be disregarded.
(7) In this section—
“coal” has the same meaning as in the Coal Industry Act 1994 (c. 21); and
...
“relevant Scottish site”, in relation to a quantity of aggregate, means a site in Scotland that falls within section 19(2) in relation to that quantity of aggregate, or would so fall if in section 20(1)(a)—
the reference to England, Wales or Northern Ireland included Scotland, and
the reference to relevant waters included Scottish waters.
(1) In this Part references to aggregate—
(a) include references to the spoil, waste, off-cuts and other by-products resulting from the application of any exempt process to any aggregate; but
(b) do not include references to anything else resulting from the application of any such process to any aggregate.
(2) In this Part “exempt process” means—
(a) the cutting of any rock to produce stone with one or more flat surfaces;
(b) any process by which a relevant substance is extracted or otherwise separated (whether as part of the process of winning it from any land or otherwise) from any aggregate;
(c) any process for the production of lime or cement from limestone or from limestone and anything else.
(ca) in the case of aggregate consisting of shale, any process consisting of a use of the shale that—
(i) is not a use of it as material or support in the construction or improvement of any structure, and
(ii) is not mixing it with anything as part of the process of producing mortar, concrete, tarmacadam, coated roadstone or any similar construction material.
(3) In this section “relevant substance” means any of the following—
(a) anhydrite;
(b) ball clay;
(c) barytes;
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) china clay;
(f) feldspar;
(g) fireclay;
(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(i) fluorspar;
(j) fuller’s earth;
(k) gems and semi-precious stones;
(l) gypsum;
(m) any metal or the ore of any metal;
(n) muscovite;
(o) perlite;
(p) potash;
(q) pumice;
(r) rock phosphates;
(s) sodium chloride;
(t) talc;
(u) vermiculite.
(4) The Treasury may by order made by statutory instrument—
(a) modify the list of substances in subsection (3) above by adding any substance to that list or by removing any substance from it; and
(b) make any such transitional provision in connection with the modification of that list under this subsection as they may think fit.
(5) The Treasury shall not make an order under subsection (4) above by virtue of which any substance ceases to be a relevant substance unless a draft of the order has been laid before Parliament and approved by resolution of the House of Commons.
(6) A statutory instrument containing an order under subsection (4) above that has not had to be approved in draft for the purposes of subsection (5) above shall be subject to annulment in pursuance of a resolution of the House of Commons.
(1) For the purposes of this Part a quantity of aggregate is subjected to exploitation if, and only if—
(a) it is removed from a site in England, Wales or Northern Ireland falling within subsection (2) below;
(aa) it is removed to a place in England, Wales or Northern Ireland from a site in Scotland that falls within subsection (2) below, or would fall within that subsection if in subsection (1)(a) of section 20 (originating sites)—
(i) the reference to England, Wales or Northern Ireland included Scotland, and
(ii) the reference to relevant waters were to United Kingdom waters.
(b) it becomes subject to an agreement to supply it to any person;
(c) it is used for construction purposes; or
(d) it is mixed, otherwise than in permitted circumstances, with any material or substance other than water.
(2) The sites which, in relation to any quantity of aggregate, fall within this subsection are—
(a) the originating site of the aggregate;
(b) any site which is not the originating site of the aggregate but is registered under the name of a person under whose name that originating site is also registered;
(c) any site not falling within paragraph (a) or (b) above to which the quantity of aggregate had been removed for the purpose of having an exempt process applied to it on that site but at which no such process has been applied to it.
(3) For the purposes of this Part the exploitation to which a quantity of aggregate is subjected shall be taken to be commercial exploitation if, and only if—
(a) it is subjected to exploitation in the course or furtherance of a business carried on by the person, or one of the persons, responsible for subjecting it to exploitation;
(b) the exploitation to which it is subjected does not consist in its removal from one registered site to another in a case where both sites are registered under the name of the same person;
(c) the exploitation to which it is subjected does not consist in or require its removal to a registered site for the purpose of having an exempt process applied to it on that site;
(d) the exploitation to which it is subjected does not consist in or require its removal to any premises for the purpose of having china clay or ball clay extracted or otherwise separated from it on that site; and
(e) the exploitation to which it is subjected is not such that, as a result and without its being subjected to any process involving its being mixed with any other substance or material (apart from water), it again becomes part of the land at the original site by virtue of it being used for a purpose connected with winning aggregate or other minerals from the site.
(3A) For the purposes of subsection (3)(a) above “business” includes any activity of a Government department, local authority or charity.
(3B) For the purposes of subsection (3)(e), in relation to a quantity of aggregate, “the original site” means the site from which it was won.
(4) Subsection (4A) applies where, at the time when any aggregate is won from any site, a person (“P”) is in occupation for relevant purposes of—
(a) that site, or
(b) that site and other land.
(4A) Where this subsection applies, so long as the site mentioned in subsection (4), or that site and the other land, continue to be occupied by P for relevant purposes, subsection (3)(e) has effect as if—
(a) (where relevant) the reference to the land at the original site included the other land, and
(b) the words “by virtue of it being used for a purpose connected with winning aggregate or other minerals from the site” were omitted.
(4B) For the purposes of subsections (4) and (4A) relevant purposes are—
(a) the purposes of the carrying on of any agricultural business, or
(b) the purposes of the carrying on of any forestry business or otherwise for the purposes of forestry.
(5) For the purposes of this Part where a quantity of aggregate is subjected to exploitation, the exploitation shall be taken to be in England, Wales or Northern Ireland if, and only if—
(a) the aggregate is in England, Wales or Northern Ireland or relevant waters when it is subjected to exploitation , or
(b) the exploitation falls within subsection (1)(aa).
(5A) The Treasury may by regulations made by statutory instrument make further provision with regard to the circumstances in which the subjection of a quantity of aggregate to commercial exploitation is to be taken to occur in England, Wales or Northern Ireland, including provision amending this section or any other provision of this Part.
(6) For the purposes of this section a quantity of aggregate becomes subject to an agreement to supply it to any person—
(a) except to the extent that it is not separately identifiable at the time when the agreement is entered into, at that time; and
(b) to that extent, at the time when it is appropriated to the agreement;
but references in this Part to the supply of a quantity of aggregate do not include references to any supply which is effected, or is to be effected, by the transfer or creation of any interest or right in or over land.
(7) For the purposes of this section a quantity of aggregate is mixed with a material or substance in permitted circumstances if—
(a) the material or substance with which it is mixed consists wholly of a quantity of taxable aggregate that has not previously been subjected to commercial exploitation in England, Wales or Northern Ireland; and
(b) the mixing takes place on a site which, in a case where it falls within subsection (2) above in relation to any part of the aggregate included in the mixture, so falls in relation to every part of it.
(8) A statutory instrument containing regulations under subsection (5A) may not be made unless a draft of the instrument has been laid before and approved by a resolution of the House of Commons.
(1) In this Part references, in relation to any aggregate, to its originating site are references (subject to subsection (2) below)—
(a) in the case of aggregate which has been won from the seabed of any area of sea in England, Wales or Northern Ireland or relevant waters . . ., to the site where it is first landed after being so won;
(b) in the case of aggregate which results from the application of an exempt process to any aggregate . . ., to the site where that process was so applied;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) in any other case, to the site from which the aggregate was won or, as the case may be, from which it was most recently won.
(2) Where any aggregate which is on its originating site on the commencement date has been mixed before that date with aggregate the originating site of which would (but for this subsection) be different, the site where the mixture is situated on that date shall be deemed for the purposes of this Part to be the originating site of all the aggregate comprised in the mixture.
(1) For the purposes of this Part the persons operating a site are each of the following—
(a) the person who occupies the site; and
(b) if a person other than the occupier exercises any right to exercise control over aggregate on that site, that other person;
and “operator”, in relation to a site, shall be construed accordingly.
(2) In subsection (1) above the reference to exercising control over aggregate on a site is a reference to doing any of the following, that is to say—
(a) winning aggregate from land at that site;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) carrying out any exempt process at that site;
(d) storing aggregate at that site.
(1) Subject to subsection (2) below, the persons who shall be taken for the purposes of this Part to be responsible for subjecting a quantity of aggregate to exploitation are each of the following—
(a) in a case of the exploitation of a quantity of aggregate by its removal from its originating site or from a connected site, the operator of that site;
(b) in a case of the exploitation of a quantity of aggregate by its removal from a site falling within section 19(2)(c) above, the operator of the site and (if different) the owner of the aggregate at the time when the removal takes place;
(c) in a case of the exploitation of a quantity of aggregate—
(i) by its being subjected, at a time when it is not on its originating site or a connected site, to any agreement, or
(ii) by its being used at such a time for construction purposes,
the person agreeing to supply it or using it for construction purposes;
(d) in a case of the exploitation of a quantity of aggregate—
(i) by its being subjected, at a time when it is on its originating site or a connected site, to any agreement, or
(ii) by its being used at such a time for construction purposes,
the person mentioned in paragraph (c) above and (if different) the operator of that site;
(e) in a case of the exploitation of a quantity of aggregate by its being mixed at premises that are not comprised in its originating site or a connected site with any material or substance, the owner of the aggregate at the time when the mixing takes place and the occupier of the premises where it takes place;
(f) in a case of the exploitation of a quantity of aggregate by its being mixed at its originating site or a connected site with any material or substance, the owner of the aggregate at the time when the mixing takes place and (if different) the operator of the site.
(2) A person who is responsible for subjecting a quantity of aggregate to exploitation shall not be taken for the purposes of this Part to be responsible for subjecting it to commercial exploitation unless that takes place in the course or furtherance of a business carried on by him. For the purposes of this subsection “business” includes any activity of a Government department, local authority or charity.
(3) Where by virtue of this section more than one person is charged with aggregates levy, their liabilities under this Part as persons charged with the levy shall be joint and several.
(4) In this section “connected site”, in relation to any quantity of aggregate, means any site that falls in relation to that quantity of aggregate within section 19(2)(b).
(1) The Commissioners may make regulations for determining the weight of any aggregate for the purposes of aggregates levy.
(2) The regulations may—
(a) prescribe rules for determining the weight;
(b) authorise rules for determining the weight to be specified by the Commissioners in a prescribed manner;
(c) authorise rules for determining the weight to be agreed between the person charged with the levy and a person acting under the authority of the Commissioners.
(3) The regulations may, in particular, provide for the rules prescribed or authorised under the regulations to include rules about—
(a) the method by which the weight is to be determined;
(b) the time by reference to which the weight is to be determined;
(c) the discounting of constituents (such as water).
(4) The regulations may include provision that rules specified by virtue of subsection (2)(b) above—
(a) are to have effect only in such cases as may be described in the rules; and
(b) are not to have effect in particular cases unless the Commissioners are satisfied that such conditions as may be set out in the rules are met in those cases.
(5) Conditions for which provision is made by virtue of subsection (4)(b) above may be framed by reference to such factors as the Commissioners think fit (such as the consent, in a particular case, of a person acting under the authority of the Commissioners).
(6) The regulations may include provision that—
(a) where rules are agreed as mentioned in subsection (2)(c) above, and
(b) the Commissioners believe that they should no longer be applied (whether because they do not give an accurate indication of the weight or are not being fully observed or for some other reason),
the Commissioners may direct that the agreed rules shall no longer have effect.
(1) It shall be the duty of the Commissioners to establish and maintain a register of persons who are required to be registered for the purposes of aggregates levy.
(2) A person is required to be registered for the purposes of aggregates levy if he—
(a) carries out taxable activities, and
(b) is not exempted from registration by regulations under subsection (4) below.
(3) For the purposes of subsection (2) above a person carries out a taxable activity if a quantity of aggregate is subjected to commercial exploitation in England, Wales or Northern Ireland in circumstances in which he is responsible for its being so subjected.
(4) The Commissioners may by regulations provide for persons carrying out taxable activities to be, to such extent and subject to such conditions or restrictions as may be prescribed, either—
(a) exempt from the requirement of registration; or
(b) exempt from such obligations or liabilities imposed by or under this Part on persons required to be registered for the purposes of aggregates levy as may be prescribed.
(5) The Commissioners shall keep such information in the register as they consider it appropriate so to keep for the purposes of the care and management of aggregates levy.
(6) In particular, where it appears to the Commissioners that any person is operating or using any premises, or intends to operate or use any premises—
(a) for winning any aggregate,
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) for applying an exempt process to any aggregate,
(ca) for mixing, otherwise than in permitted circumstances (within the meaning given by section 19(7)), any aggregate with any material or substance other than water,
(d) for storing any aggregate, or
(e) for the first landing in England, Wales or Northern Ireland of aggregate won from the seabed of any area of sea in the United Kingdom or United Kingdom waters,
they may, if they think fit, register those premises, in any entry relating to that person and under his name, as a registered site.
(7) Where any premises are registered in accordance with subsection (6) above as a registered site, the particulars included in the register shall set out as the boundaries of the site such boundaries as appear to the Commissioners best to secure that avoidance of levy is not facilitated by the registration of any part of any premises that is not used or operated as mentioned in subsection (6) above.
(8) Where any entry in the register at any time specifies that any premises registered under a person’s name as a registered site are to be taken to be the originating site of—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) any aggregate resulting from the carrying out of any exempt process there, or
(c) any aggregate won or landed there,
any question for the purposes of this Part as to the boundaries at that time of the originating site of any such aggregate shall be conclusively determined in accordance with that entry.
(9) Schedule 4 to this Act (provisions with respect to registration for the purposes of aggregates levy) shall have effect.
(10) The preceding provisions of this section and the provisions of Schedule 4 to this Act shall come into force on such date as the Treasury may by order made by statutory instrument appoint; and different days may be appointed under this subsection for different purposes.
(1) The Commissioners may by regulations make provision—
(a) for persons charged with aggregates levy to be liable to account for it by reference to such periods (“accounting periods”) as may be determined by or under the regulations;
(b) for persons who are or are required to be registered for the purposes of aggregates levy to be subject to such obligations to make returns for those purposes for such periods, at such times and in such form as may be so determined; and
(c) for persons who are required to account for aggregates levy for any period to become liable to pay the amounts due from them at such times and in such manner as may be so determined.
(2) Without prejudice to the generality of the powers conferred by subsection (1) above, regulations under this section may contain provision—
(a) for aggregates levy falling in accordance with the regulations to be accounted for by reference to one accounting period to be treated in prescribed circumstances, and for prescribed purposes, as levy due for a different period;
(b) for the correction of errors made when accounting for aggregates levy by reference to any period;
(c) for the entries to be made in any accounts in connection with the correction of any such errors and for the financial adjustments to be made in that connection;
(d) for a person, for purposes connected with the making of any such entry or financial adjustment, to be required to provide to any prescribed person, or to retain, a document in the prescribed form containing prescribed particulars of the matters to which the entry or adjustment relates;
(e) for enabling the Commissioners, in such cases as they may think fit, to dispense with or relax a requirement imposed by regulations made by virtue of paragraph (d) above;
(f) for the amount of levy which, in accordance with the regulations, is treated as due for a later period than that by reference to which it should have been accounted for to be treated as increased by an amount representing interest at the rate applicable under section 197 of the Finance Act 1996 (c. 8) for such period as may be determined in accordance with the regulations.
(3) Subject to the following provisions of this section, if any person (“the taxpayer”) fails—
(a) to comply with so much of any regulations under this section as requires him, at or before a particular time, to make a return for any accounting period, or
(b) to comply with so much of any regulations under this section as requires him, at or before a particular time, to pay an amount of aggregates levy due from him,
he shall be liable to a penalty of £250.
(4) Liability to a penalty under subsection (3) above shall not arise if the taxpayer satisfies the Commissioners or, on appeal, an appeal tribunal—
(a) that there is a reasonable excuse for the failure to make the return or to pay the levy in accordance with regulations; and
(b) that there is not an occasion after the last day on which the return or payment was required by the regulations to be made when there was a failure without reasonable excuse to make it.
(5) Where, by reason of any failure falling within paragraph (a) or (b) of subsection (3) above—
(a) a person is convicted of an offence (whether under this Act or otherwise), or
(b) a person is assessed to a penalty under paragraph 7 of Schedule 6 to this Act (penalty for evasion) or a penalty for a deliberate inaccuracy under Schedule 24 to the Finance Act 2007 (penalties for errors),
that person shall not, by reason of that failure, be liable also to a penalty under that subsection (3).
(6) In subsection (1)(b) above the reference to a person who is required to be registered for the purposes of aggregates levy includes a reference to a person who would be so required but for any exemption conferred by regulations under section 24(4) above.
(1) Where it appears to the Commissioners necessary to do so for the protection of the revenue they may require any person who is or is required to be registered to give security, or further security, for the payment of any aggregates levy which is or may become due from him.
(2) The power of the Commissioners to require any security, or further security, under this section shall be a power to require security, or further security, of such amount and in such manner as they may determine.
(3) A person who is responsible for any aggregate being subjected to commercial exploitation in England, Wales or Northern Ireland is guilty of an offence if, at the time it is so subjected—
(a) he has been required to give security under this section; and
(b) he has not complied with that requirement.
(4) A person guilty of an offence under this section shall be liable, on summary conviction, to a penalty of level 5 on the standard scale£20,000.
(5) Sections 145 to 155 of the Customs and Excise Management Act 1979 (c. 2) (proceedings for offences, mitigation of penalties and certain other matters) shall apply in relation to an offence under this section as they apply in relation to offences and penalties under the customs and excise Acts.
(6) In subsection (1) above the reference to a person who is required to be registered for the purposes of aggregates levy includes a reference to a person who would be so required but for any exemption conferred by regulations under section 24(4) above.
Schedule 5 to this Act (which makes provision for the recovery of amounts of aggregates levy due from any person and for the interest payable on such amounts) shall have effect.
Schedule 6 to this Act (which makes provision for and in connection with the imposition of criminal and civil penalties for the evasion of aggregates levy and for related misconduct) shall have effect.
Schedule 7 to this Act (which provides for the supply of information to the Commissioners, for the powers under which the Commissioners may collect information for enforcement purposes and about evidence) shall have effect.
(1) The Commissioners may, in accordance with the following provisions of this section, by regulations make provision in relation to cases where, after a charge to aggregates levy has arisen on any quantity of aggregate—
(a) any of that aggregate is exported from the United Kingdom , from a place in England, Wales or Northern Ireland, in the form of aggregate;
(aa) any of that aggregate is moved to Scotland, or to the sea adjacent to Scotland, in the form of aggregate;
(b) an exempt process is applied to any of that aggregate;
(c) any of that aggregate is used in a prescribed industrial or agricultural process;
(d) any of that aggregate is disposed of (by dumping or otherwise) in such manner not constituting its use for construction purposes as may be prescribed; or
(e) the whole or any part of a debt due to a person responsible for subjecting the aggregate to commercial exploitation is written off in his accounts as a bad debt.
(2) The provision that may be made in relation to any such case as is mentioned in subsection (1) above is provision—
(a) for such person as may be specified in the regulations to be entitled to a tax credit in respect of any aggregates levy charged on the aggregate in question;
(b) for a tax credit to which any person is entitled under the regulations to be brought into account when he is accounting for aggregates levy due from him for such accounting period or periods as may be determined in accordance with the regulations; and
(c) for a person entitled to a tax credit to be entitled, in any prescribed case where he cannot bring the tax credit into account so as to set it against a liability to aggregates levy, to a repayment of levy of an amount so determined.
(3) Regulations under this section may contain any or all of the following provisions—
(a) provision making any entitlement to a tax credit conditional on the making of a claim by such person, within such period and in such manner as may be prescribed;
(b) provision making entitlement to bring a tax credit into account, or to receive a repayment in respect of such a credit, conditional on compliance with such requirements as may be determined in accordance with the regulations;
(c) provision requiring a claim for a tax credit to be evidenced and quantified by reference to such records and other documents as may be so determined;
(d) provision requiring a person claiming any entitlement to a tax credit to keep, for such period and in such form and manner as may be so determined, those records and documents and a record of such information relating to the claim as may be so determined;
(e) provision for the withdrawal of a tax credit where any requirement of the regulations is not complied with;
(f) provision for interest at the rate applicable under section 197 of the Finance Act 1996 (c. 8) to be treated as added, for such period and for such purposes as may be prescribed, to the amount of any tax credit;
(g) provision for anything falling to be determined in accordance with the regulations to be determined by reference to a general or specific direction given in accordance with the regulations by the Commissioners.
(4) Without prejudice to the generality of the preceding provisions of this section, regulations under this section may also contain—
(a) provision for ascertaining whether, when and to what extent an amount is to be taken for the purposes of any regulations under this section to have been written off in any accounts as a bad debt;
(b) provision requiring a person who for the purposes of any such regulations is taken to have written off any amount as a bad debt to keep, for such period and in such form and manner as may be prescribed, information relating to anything subsequently paid in respect of the amount written off;
(c) provision for the withdrawal of the whole or an appropriate part of any tax credit relating to an amount taken to have been written off as a bad debt where the whole or any part (or further part) of the amount written off is subsequently paid;
(d) provision for ascertaining whether, and to what extent, anything received by any person is to be taken as a payment of, or of a part of, an amount taken, for the purposes of any regulations under this section, to have been written off;
(e) provision for determining the value for the purposes of provision made by virtue of paragraph (d) above of things received otherwise than in the form of money.
(5) Regulations made under this section shall have effect subject to the provisions of section 32 below.
(6) In subsection (1)(aa) the reference to the sea adjacent to Scotland is to so much of the territorial sea adjacent to the United Kingdom as is to be treated as adjacent to Scotland for the purposes of the Scotland Act 1998 (see section 126(2) of that Act).
(1) The Commissioners may by regulations make provision of the kind described in section 30(2) above (entitlement to tax credit) in relation to cases within subsection (2) below.
(2) The cases are those where a charge to aggregates levy has arisen on a quantity of aggregate which has been subjected to commercial exploitation during a prescribed period.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) The amount of a tax credit to which a person is entitled under the regulations must not be more than 80% of any aggregates levy charged on the aggregate in question.
(5) Regulations under this section may in particular make provision—
(a) for a person to be entitled to a tax credit under the regulations in respect of aggregate originating from a site in respect of which any person holds an aggregates levy credit certificate which has not been withdrawn;
(b) for an aggregates levy credit certificate to be issued to a person in respect of a site only if an aggregates levy credit agreement is in force in respect of the site;
(c) for the withdrawal of an aggregates levy credit certificate where the aggregates levy credit agreement in respect of which it was issued is no longer in force;
(d) for the form and content of aggregates levy credit certificates and aggregates levy credit agreements.
(6) Regulations under this section which make provision such as is mentioned in subsection (5)(d) above may be framed by reference to any provisions of a notice published by the Commissioners in pursuance of the regulations and not withdrawn by a further notice.
(7) If regulations under this section make provision such as is mentioned in subsection (5) above, the Commissioners or the Northern Ireland Department may—
(a) enter into aggregates levy credit agreements;
(b) issue and withdraw aggregates levy credit certificates;
(c) take such other steps as the Commissioners or the Northern Ireland Department consider appropriate in relation to aggregates levy credit agreements and aggregates levy credit certificates.
(8) Regulations under this section which make provision such as is mentioned in subsection (5) above must include provision requiring the Northern Ireland Department to inform the Commissioners if the Northern Ireland Department issues or withdraws an aggregates levy credit certificate.
(9) Subsections (3) to (5) of section 30 above apply to regulations under this section as they apply to regulations under that section.
(10) The Treasury may by order made by statutory instrument amend subsection (4) above by substituting for the percentage for the time being specified in that subsection a percentage lower than 80%.
(11) An order under subsection (10) above shall not be made unless a draft of the order has been laid before Parliament and approved by a resolution of the House of Commons.
(12) Any expenses of the Northern Ireland Department under this section shall be charged on the Consolidated Fund of Northern Ireland.
(13) In this section—
“aggregates levy credit agreement” means an agreement entered into in respect of a site by the person operating the site and the Commissioners or the Northern Ireland Department;
“aggregates levy credit certificate” means a certificate issued to the person operating a site by the Commissioners or the Northern Ireland Department as evidence of the fact that an aggregates levy credit agreement has been entered into in respect of the site;
“the Northern Ireland Department” means the Department of the Environment in Northern Ireland.
(1) The Commissioners may by regulations make provision of the kind described in section 30(2) (entitlement to tax credit) in relation to cases within subsection (3) below.
(2) Tax credit to which a person is entitled under the regulations is referred to in this section as “special tax credit”.
(3) The cases are where—
(a) a person has been charged with, and has fully accounted for, aggregates levy in respect of the commercial exploitation of a quantity of aggregate, and
(b) the exploitation was of imported aggregate and occurred in Northern Ireland in the period defined in subsection (5).
(4) For this purpose aggregate is “imported” if it was won from a site in a member State other than the United Kingdom.
(5) The period mentioned in subsection (3)(b)—
(a) begins with 1 April 2004, and
(b) ends with 30 November 2010.
(6) Regulations may in particular—
(a) provide that a person is not entitled to special tax credit unless the Department of the Environment in Northern Ireland (“the Department”) has certified under section 30D(4) that it is satisfied that specified requirements were met in relation to the site from which the aggregate originates during a period which includes the time when the aggregate was won from the site (and the certification has not been revoked);
(b) specify further conditions for entitlement to special tax credit;
(c) make provision about the rate at which special tax credit is to be given (including provision restricting the amount of special tax credit in cases where entitlement to a tax credit has already arisen);
(d) provide for compound interest at the applicable rate (see section 30C) to be treated as added, for such period and for such purposes as may be prescribed, to the amount of any special tax credit;
(e) authorise the Commissioners to adjust a person's claim for special tax credit in specified circumstances.
(7) Regulations under subsection (6)(a) may specify the requirements in question by reference to any provisions of a notice published by the Department in pursuance of the regulations and not withdrawn by a further notice.
(8) Subsection (3) of section 30 (except paragraph (f) of that subsection) applies to regulations under this section as it applies to regulations under that section.
(9) Section 32(1) (time limit for claims) does not apply to a claim for repayment of aggregates levy made under regulations under this section.
30C Special tax credit: applicable rate of interest
(1) The reference in section 30B(6)(d) to the applicable rate is to a rate provided for in regulations made by the Treasury.
(2) Regulations under this section may—
(a) provide for the rate to be determined, and to change from time to time, by reference to a rate referred to in the regulations;
(b) include provision for different rates to apply at different times in a period for which interest is due to a person.
(3) Regulations under this section are to be made by statutory instrument.
(4) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of the House of Commons.
30D Special tax credit: certification by Department
(1) A person may, for the purpose of making a claim for special tax credit, apply to the Department for a certification under subsection (4)(a).
(2) The application must specify—
(a) a site, and
(b) a time (“the relevant time”).
(3) Where a certification relating to a site has been wholly or partly revoked by virtue of subsection (7)(b), an application specifying that site may not specify a time falling within the period with respect to which the revocation has effect.
(4) Where an application is made and the Department has not previously made a certification under paragraph (a) relating to both the specified site and a period that includes the relevant time, the Department must either—
(a) certify that it is satisfied that any requirements specified by virtue of section 30B(6)(a) were met in relation to the site during a period (specified in the certification) that includes the relevant time, or
(b) refuse the application.
(5) If the Department makes a certification under subsection (4)(a) (a “special tax credit certification”) it must give a written notice of the certification to—
(a) the applicant, and
(b) HMRC.
(6) Where an application is made and the Department has previously made a special tax credit certification relating to both the specified site and a period that includes the relevant time, the Department must give the applicant a written notice of that certification.
(7) The Commissioners may by regulations—
(a) make provision about the time within which an application under subsection (1) must be made and the form and content of such an application;
(b) authorise the Department to revoke a special tax credit certification with respect to the whole or part of the period to which the certification relates if the Department is satisfied that its decision as regards the meeting of the relevant requirements (or that decision, so far as relating to the relevant part of that period) was not correct;
(c) make any other provision that is necessary in connection with paragraph (b) and subsection (8);
(d) provide that a revocation by virtue of paragraph (b) may not be made after a specified date.
(8) A special tax credit certification is to be treated as never having had effect in relation to any period with respect to which it is revoked by virtue of subsection (7)(b).
(9) Regulations under this section which make provision such as is mentioned in subsection (7)(b) must require the Department to inform the Commissioners, and any other person to whom the Department has given a written notice of the certification, if the Department revokes a special tax credit certification.
(10) Any expenses of the Department under or by virtue of this section or section 30B are to be appropriated from the Consolidated Fund of Northern Ireland by Act of the Northern Ireland Assembly.
(11) In this section “the Department” and “special tax credit” have the same meaning as in section 30B.
(1) Where a person has paid an amount to the Commissioners by way of aggregates levy which was not levy due to them, they shall be liable to repay the amount to him.
(2) The Commissioners shall not be liable to repay an amount under this section except on the making of a claim for that purpose.
(3) A claim under this section must be made in such form and manner, and must be supported by such documentary evidence, as may be required by regulations made by the Commissioners.
(4) The preceding provisions of this section are subject to the provisions of section 32 below.
(5) Except as provided by this section, the Commissioners shall not, by virtue of the fact that it was not levy due to them, be liable to repay any amount paid to them by way of aggregates levy.
(1) The Commissioners shall not be liable, on any claim for a repayment of aggregates levy, to repay any amount paid to them more than 4 years before the making of the claim.
(2) In the case of any claim for a repayment of an amount of aggregates levy other than a claim to a repayment to which a person is entitled by virtue of tax credit regulations, it shall be a defence to that claim that the repayment of that amount would unjustly enrich the claimant.
(3) Subsection (4) below applies for the purposes of subsection (2) above where—
(a) there is an amount paid by way of aggregates levy which (apart from subsection (2) above) would fall to be the subject of a repayment of aggregates levy to any person (“the taxpayer”); and
(b) the whole or a part of the cost of the payment of that amount to the Commissioners has, for practical purposes, been borne by a person other than the taxpayer.
(4) Where, in a case to which this subsection applies, loss or damage has been or may be incurred by the taxpayer as a result of mistaken assumptions made in his case about the operation of any provisions relating to aggregates levy, that loss or damage shall be disregarded, except to the extent of the quantified amount, in the making of any determination as to—
(a) whether or to what extent the repayment of an amount to the taxpayer would enrich him; or
(b) whether or to what extent any enrichment of the taxpayer would be unjust.
(5) In subsection (4) above “the quantified amount” means the amount (if any) which is shown by the taxpayer to constitute the amount that would appropriately compensate him for loss or damage shown by him to have resulted, for any business carried on by him, from the making of the mistaken assumptions.
(6) The reference in subsection (4) above to provisions relating to aggregates levy is a reference to any provisions of—
(a) any enactment or subordinate legislation (whether or not still in force) which relates to that levy or to any matter connected with it; or
(b) any notice published by the Commissioners under or for the purposes of any enactment or subordinate legislation relating to aggregates levy.
(7) Schedule 8 to this Act (which contains further provision about payments and repayments by the Commissioners and about the setting off of amounts due to or from the Commissioners under this Part and the setting of other amounts against such amounts) shall have effect.
(1) The Commissioners may by regulations make provision for securing that every non-resident taxpayer has a person resident in the United Kingdom to act as his tax representative for the purposes of aggregates levy.
(2) Regulations under this section may, in particular, contain any or all of the following—
(a) provision requiring notification to be given to the Commissioners where a person becomes a non-resident taxpayer;
(b) provision requiring the appointment of tax representatives by non-resident taxpayers;
(c) provision for the appointment of a person as a tax representative to take effect only where the person appointed is approved by the Commissioners;
(d) provision authorising the Commissioners to give a direction requiring the replacement of a tax representative;
(e) provision authorising the Commissioners to give a direction requiring a person specified in the direction to be treated as the appointed tax representative of a non-resident taxpayer so specified;
(f) provision about the circumstances in which a person ceases to be a tax representative and about the withdrawal by the Commissioners of their approval of a tax representative;
(g) provision enabling a tax representative to act on behalf of the person for whom he is the tax representative through an agent of the representative;
(h) provision for the purposes of any provision made by virtue of paragraphs (a) to (g) above regulating the procedure to be followed in any case and imposing requirements as to the information and other particulars to be provided to the Commissioners;
(i) provision as to the time at which things done under or for the purposes of the regulations are to take effect.
(3) Subject to subsection (4) below, a person who—
(a) becomes subject, in accordance with any regulations under this section, to an obligation to request the Commissioners’ approval for any person’s appointment as his tax representative, but
(b) fails (with or without making the appointment) to make the request as required by the regulations,
shall be liable to a penalty of £10,000.
(4) A failure such as is mentioned in subsection (3) above shall not give rise to liability to a penalty under this section if the person concerned satisfies the Commissioners or, on appeal, an appeal tribunal that there is a reasonable excuse for the failure.
(1) The tax representative of a non-resident taxpayer shall be entitled to act on the non-resident taxpayer’s behalf for the purposes of any provision made by or under this Part.
(2) The tax representative of a non-resident taxpayer shall be under a duty, except to such extent as the Commissioners by regulations otherwise provide, to secure the non-resident taxpayer’s compliance with, and discharge of, the obligations and liabilities to which the non-resident taxpayer is subject by virtue of any provision made by or under this Part (including obligations and liabilities arising or incurred before he became the non-resident taxpayer’s tax representative).
(3) A person who is or has been the tax representative of a non-resident taxpayer shall be personally liable—
(a) in respect of any failure while he is or was the non-resident taxpayer’s tax representative to secure compliance with, or the discharge of, any obligation or liability to which subsection (2) above applies, and
(b) in respect of anything done in the course of, or for purposes connected with, acting on the non-resident taxpayer’s behalf,
as if the obligations and liabilities to which subsection (2) above applies were imposed jointly and severally on the tax representative and the non-resident taxpayer.
(4) A tax representative shall not be liable by virtue of this section to be registered for the purposes of aggregates levy; but the Commissioners may by regulations—
(a) require the registration of the names of tax representatives against the names of the non-resident taxpayers of whom they are the representatives;
(b) make provision for the deletion of the names of persons who cease to be tax representatives.
(5) A tax representative shall not by virtue of this section be guilty of any offence except in so far as—
(a) he has consented to, or connived in, the commission of the offence by the non-resident taxpayer;
(b) the commission of the offence by the non-resident taxpayer is attributable to any neglect on the part of the tax representative; or
(c) the offence consists in a contravention by the tax representative of an obligation which, by virtue of this section, is imposed both on the tax representative and on the non-resident taxpayer.
(1) Schedule 9 to this Act (which provides for two or more bodies corporate to be treated as members of the same group for the purposes of this Part) shall have effect.
(2) Any aggregates levy with which a body corporate is charged in respect of aggregate subjected to commercial exploitation at a time when the body is a member of a group shall be treated for the purposes of this Part as if it were the representative member for that group (instead of that body) which is charged with the levy.
(3) All the bodies corporate who are members of a group when any aggregates levy becomes due from the representative member, together with any bodies corporate who become members of the group while any such levy remains unpaid, shall be jointly and severally liable for any aggregates levy due from the representative member.
(4) Subject to subsections (2) and (3) above, the Commissioners may by regulations make such provision as they consider appropriate about—
(a) the person by whom any obligation or liability imposed by or under this Part is to be performed or discharged, and
(b) the manner in which it is to be performed or discharged,
in a case where the person who (apart from the regulations) would be subject to the obligation or liability is one of a number of bodies corporate registered in the name of the representative member for a group.
(5) References in this section to aggregates levy being or becoming due from the representative member include references to any amounts being or becoming recoverable as if they were aggregates levy due from that member.
(6) For the purposes of this Part—
(a) a body corporate is a member of a group at any time in relation to which it falls to be treated as such a member in accordance with Schedule 9 to this Act; and
(b) the body corporate which is to be taken to be the representative member for a group at any time is the member of the group which in relation to that time is the representative member under that Schedule in the case of that group.