HC Deb 11 July 1984 vol 63 cc1330-2

Amendments made: No. 88, in page 110, line 27, leave out from 'but' to 'or' in line 29 and insert 'more than one licence under the Petroleum (Production) Act 1934 is the basis for the assessment'.

No. 89, in page 110, line 36, leave out from first 'the' to end of line 38 and insert 'amount of the tax remaining unpaid under the assessment which is attributable to the profits or gains in respect of which that licence was the basis for the assessment,'.

No. 90, in page 110, line 41, leave out from beginning to 'as' in line 6 on page 111 and insert— '(1A) For the purposes of sub-paragraph (1) above the amount of the tax remaining unpaid under the assessment which is attributable to the profits or gains in respect of which any licence in question was the basis for the assessment is such part of the total amount of that tax as bears to that total amount the same proportion'.

No. 91, in page 111, line 11, leave out from beginning to end of line 25.

No. 92, in page 111, line 28, at end insert— '( ) In paragraph 7 of that Schedule, at the end there shall be added the words "or, if the certificate is cancelled under paragraph 8 below, to any such tax which becomes due after the cancellation of the certificate in respect of profits or gains arising while the certificate is in force (referred to below in this Schedule as precancellation profits or gains)". ( ) After paragraph 7 of that Schedule, there shall be inserted the following paragraph— 7A. — (1) Paragraph 7 above is subject to the following provisions of this paragraph in any case where—

  1. (a) after the cancellation of a certificate issued to the holder of a licence under that paragraph tax is assessed as mentioned in paragraph 4(1)(a) or (b) above on the person who applied for the certificate; and
  2. (b) the relevant profits or gains include (but are not limited to) pre-cancellation profits or gains.
(2) In this paragraph "the relevant profits or gains" means—
  1. (a) in a case where the amount of the tax remaining unpaid under the assessment which, but for paragraph 7 above, the holder of the licence could be required to pay by a notice under paragraph 4 above (referred to below in this paragraph as the amount otherwise applicable in his case) is the whole of the amount remaining unpaid, all the profits or gains in respect of which the assessment was made; or
  2. (b) in a case where the amount otherwise applicable in his case falls under paragraph 4A above to be determined by reference to profits or gains in respect of which the licence was the basis for the assessment, the profits or gains in question.
 (3) In any case to which this paragraph applies, the amount the holder of the licence may be applied to pay by a notice under paragraph 4 shall be the amount otherwise applicable in his case reduced by the amount of the lax remaining unpaid under the assessment which is attributable to the pre-cancellation profits or gains, together with a corresponding proportion of any interest due as mentioned in paragraph 4(1). (4) For the purposes of sub-paragraph (3) above the amount of the tax remaining unpaid under the assessment which is attributable to the pre-cancellation profits or gains is such part of the amount otherwise applicable in the case of the holder of the licence as bears to the whole of the amount otherwise so applicable the same proportion as the proportion borne by the amount of the pre-cancellation profits or gains to the total amount of the relevant profits or gains. ( ) After paragraph 8 of that Schedule, there shall be inserted the following paragraph— 8A. —(1) For the purposes of paragraphs 4A and 7A above and this paragraph, profits or gains in respect of which an assessment is made as mentioned in paragraph 4(1)(a) or (b) above are profits or gains in respect of which any licence in question was the basis for the assessment if those profits or gains fall within paragraph 4(1)(a) or (b) by reference to that licence. (2) In determining—
  1. (a) for the purposes of paragraph 4A(1A) or 7A(4) above, the amount of the profits or gains in respect of which any licence was the basis for an assessment; or
  2. (b) for the purposes of paragraph 7A(4) above, the amount of any pre-cancellation profits or gains; the Board shall compute that amount as if for the purposes of making a separate assessment in respect of those profits or gains on the person on whom the assessment was made, making all such allocations and apportionments of receipts, expenses, allowances and deductions taken into account or made for the purposes of the actual assessment as appear to the Board to be just and reasonable in the circumstances.
 (3) A notice under paragraph 4 above as it applies by virtue of paragraph 4A or 7A above shall give particulars of the manner in which the amount required to be paid was determined. (4) References in paragraphs 4A, 7 and 7A above and in this paragraph to profits or gains include chargeable gains.".'.—[Mr. Ian Stewart.]

Mr. John Moore

On a point of order, Mr. Speaker. May I on behalf of the Government—I am sure that I speak for all hon. Members—thank, through you, all the staff of the House, the staff of your office, the refreshment areas, the cleaners, the police and Hansard. They have enabled us to continue our lengthy proceedings in such comfort and at such convenience. They have made sure that the democratic processes can continue. Again, I thank you

Mr:. Rooker

Further to that point of order, Mr.Speaker. I reiterate what the Minister said. The staff of the House have served the House as our servants extremely well and diligently over some 180 hours. Those who report our proceedings and other staff of the House will know that the Bill was scrutinised properly on behalf of their fellow citizens in Britain. We could not have done that work as legislators without your help, Mr. Speaker, and that of the rest of the staff of the House

Mr:. Speaker

I thank the hon. Member for Croydon, Central (Mr. Moore) and the hon. Member for Birmingham, Perry Barr (Mr. Rooker) most warmly. I shall ensure that their thanks are passed to the staff of the House. I am very grateful indeed.

To be read the Third time this day.