HC Deb 25 March 1985 vol 76 cc147-8

Motion made, and Question, That the following provisions shall have effect for the period beginning 26th March 1985 and ending 31 days after the earliest of the dates mentioned in section 50(2) of the Finance Act 1973— (1) Stamp duty under the heading "Conveyance or Transfer on Sale" in Schedule 1 to the Stamp Act 1891 shall not be chargeable on an instrument by which property is conveyed or transferred from one party to a marriage to the other if the instrument—

  1. (a) is executed in pursuance of an order of a court made on granting in respect of the parties a decree of divorce, nullity of marriage or judicial separation, or
  2. (b) is executed in pursuance of an order of a court which is made in connection with the dissolution or annulment of the marriage or the parties' judicial separation and which is made at any time after the granting of such a decree, or
  3. (c) is executed at any time in pursuance of an agreement of the parties made in contemplation of or otherwise in connection with the dissolution or annulment of the marriage or their judicial separation.
(2) An instrument in respect of which stamp duty is not chargeable under the heading mentioned in paragraph (1) above by virtue of that paragraph shall be chargeable under the paragraph with stamp duty of 50p. (3) Paragraphs (1) and (2) above shall apply to instruments executed on or after 26th March 1985. 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. — [Mr. Lawson.] put forthwith pursuant to Standing Order No. 114 (Ways and Means motions), and agreed to.