Capital Transfer Tax Bill [H.L.] (Hansard, 30 July 1984)

HL Deb 30 July 1984 vol 455 cc532-4 532

§ 2.59 p.m.

§ The Lord Chancellor (Lord Hailsham of Saint Marylebone)
My Lords, I beg to move that the Commons amendments be now considered.
Moved, That the Commons amendments be now considered.—(The Lord Chancellor.)
On Question, Motion agreed to.

§ COMMONS AMENDMENTS

§ 1Clause 16, page 9, line 33, leave out subsection (2) and insert— (2) Expressions used in subsection (1) above and in Chapter II of Part V of this Act have the same meaning in that subsection as in that Chapter.".

§ 2 Clause 115, page 77, line 20, at end insert— (3A) For the purposes of this Chapter the breeding and rearing of horses on a stud farm and the grazing of horses in connection with those activities shall he taken to be agriculture and any buildings used in connection with those activities to be farm buildings.".

§ 3 Clause 165, page 111, line 39, at end insert— (3) In any case where—

(a) payment of an amount of capital gains tax is' postponed by virtue of Schedule 14 to the Finance Act 1984, and
(b) any of that capital gains tax becomes payable in accordance with paragraph 11 of that Schedule by reason of the receipt of a capital payment by a close relative of the beneficiary, as mentioned in subparagraph(3)of that paragraph, and
(c) all or part of the capital gains tax becoming so payable is paid by the close relative,

the payment by the close relative shall be treated for the purposes of this Act as made in satisfaction of a liability of his.".

§ 4 Clauses 169, page 113, line 36, at end insert— (2) Expressions used in subsection (1) above and in Chapter II of Part V of this Act have the same meaning in that subsection as in that Chapter.".

§ The Lord Chancellor
My Lords, with the leave of the House, I beg to move that the House doth agree with the Commons in their Amendments Nos. 1 to 4 en bloc. 533 If I may, I will also speak to, though not move, Amendments Nos. 6 and 7 and 9 to 11.

§ 6Schedule 8, page 195, line 3, leave out sub-paragraph (2) and insert— (2) In subsection (3)(d)(ii) for the words "Chapter II of Part IV of the Finance Act 1982" there shall be substituted the words "any provision, apart from section 79, of chapter III of Part III of the Capital Transfer Tax Act 1984". (2A) In subsection (5)(a) after the words "Act 1976" there shall be inserted the words "or section 31 of the Capital Transfer Tax Act 1984" and for the words "section 76 of that Act" there shall be substituted the words "section 30(2) of the Capital Transfer Tax Act 1984".

§ 7Page 195, line 13, leave out sub-paragraph (2) and insert— (2) In paragraph 18(2)—

(a) after the words "section 22 of the Finance Act 1975" there shall be inserted the words "or section 4 of the Capital Transfer Tax Act 1984", for the words "that Act" there shall be substituted the words "the Finance Act 1975" and after the words "section 77 of the Finance Act 1976" there shall be inserted the words "or under section 31 of the Capital Transfer Tax Act 1984"; and
(b) in paragraph (a), for the words from "subsection (7)" to "Act 1976" there shall be substituted the words "section 32 of, or paragraph 3 of Schedule 5 to, the Capital Transfer Tax Act 1984".".

§ 9Schedule 9, page 201, column 3, leave out line 29 and insert—

"Sections 101 to 107.".

§ 10Page 201, line 31, column 3, at end insert—

"In Schedule 14, paragraph 16.".

§ 11 Page 201, column 3, leave out line 32, and insert—

"In Schedule 21, paragraphs

1 to 17, 19(b) and 20 to 26.".

§ These amendments are needed as a result of changes in the capital transfer tax regulations brought about as a result of the Finance Act 1984. Unless any noble Lord wishes me to do so, I would not propose to take up the time of the House with any further explanation of them. I therefore beg to move that the House doth agree wih the Commons in their Amendments Nos. 1 to 4 en bloc.

§ Moved, That this House doth agree with the Commons in the said amendments.—(The Lord Chancellor.)

§ On Question, Motion agreed to.

§ COMMONS AMENDMENT

§ 5Clause 220, page 142, line 37, leave out "or, in Northern Ireland, to a fine not exceeding £20.".

§ The Lord Chancellor
My Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 5. This is needed in order to take account of the provisions of the Fines and Penalties (Northern Ireland) Order 1984 which came into force on 19th July. My Lords, I beg to move.
Moved, That this House doth agree with the Commons in the said amendment.—(The Lord Chancellor.)
On Question, Motion agreed to.

§ COMMONS AMENDMENTS

§ 6 and 7 [Printed above.]

§ The Lord Chancellor
My Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 6 and 7, to which I have already spoken. My Lords, I beg to move.
534 Moved, That this House doth agree with the Commons in the said amendments.—(The Lord Chancellor.)
On Question, Motion agreed to.

§ COMMONS AMENDMENT

8 Schedule 9, page 201, line 23, column 3 at end, insert— "section 47.".

§ The Lord Chancellor
My Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 8. This inserts a missing repeal which should have been included in the original Bill. My Lords, I beg to move.
Moved, That this House doth agree with the Commons in the said amendment.—(The Lord Chancellor.)
On Question, Motion agreed to.

§ COMMONS AMENDMENTS

§ 9,10 and 11 [Printed above.]

§ The Lord Chancellor
My Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 9,10 and 11 en bloc, to which I have already spoken. My Lords, I beg to move.
Moved, That this House doth agree with the Commons in the said amendments.—(The Lord Chancellor.)
On Question, Motion agreed to.