Statute Law Repeals - Law Commission - Ministry of Justice

10.76 Section 138 of, and Schedule 16 paragraph 5 to, FA 1994 amended (by various
textual insertions) section 434 of ICTA 1988, which section related to franked
investment income of life assurance businesses. However, after repeal of
Schedule 16 paragraph 5(2)-(5) 34 only paragraph 5(1) remains. The purpose
behind that sub-paragraph is now redundant and it can be repealed.
10.77 Section 146 of, and Schedule 17 to, FA 1994 corrected various mistakes in ICTA
1988 by deeming provision. Schedule 17 paragraph 1 deemed certain words to
be omitted from the text of section 43(1) of ICTA 1988 (as if originally omitted).
The section related to the taxation of non-residents. It was then repealed by FA
1995, ss 40(3), 162 and Sch 29 Pt 8(16) with effect from 6 April 1996, but the
amending provision in FA 1994 was not. Schedule 17 paragraph 1 is now spent
and may be repealed.
10.78 Section 196 of, and Schedule 19 to, FA 1994 amended TMA 1970 and ICTA
1988. Schedule 19 paragraph 38, together with section 258 and Sch 26 Pt 5(23),
repealed certain words in section 203(2)(dd) of ICTA 1988, relating to Schedule
D tax and PAYE, from 1996-97 onwards.
10.79 Schedule 19 paragraphs 39 and 40 amended time limits for claims set out in
ICTA 1988, ss 534 and 537A relating to relief for copyright and design payments.
These amended sections were repealed by the Finance Act 2001 (c.9) (“FA
2001”), ss 71(3), 110 and Sch 33 Pt 2(6) for payments receivable on or after 6
April 2001. The amending provisions were not, however, repealed.
10.80 Schedule 19 paragraphs 38 to 40 are now spent and may be repealed.
Finance Act 1995
10.81 Section 42 of the Finance Act 1995 (c.4) (“FA 1995”) dealt with abolition of
interest relief for commercially-let property. Section 42(1), (2) and (6) have
already been repealed. Section 42(3), which simply gave effect to the section as
a whole, and section 42(4) and (5), which disapplied the section in certain
circumstances, and which prohibited relief for payment of interest under ICTA
1988, remain alive. However, the various statutory provisions referred to in these
subsections have each been repealed, thus undermining the purpose of the
subsections. 35 Accordingly, section 42(3) to (5) can now be repealed.
10.82 Section 57 of FA 1995 inserted new subsections into section 552 of ICTA 1988,
and made consequential amendment to the TMA 1970, s 98. These provisions
related to the duty on insurers to provide information relating to life policies. The
amendments were superseded by FA 2001, s 83(1), (3) and Sch 28 paras 18, 20
which substituted text in the respective sections of the two statutes, thus
overriding the earlier amendments. However, section 57 of FA 1995 was not
repealed. It can be now.
34 By FA 1995, s 162 and Sch 29 Pt 8(5) and by F (No.2) A 1997, s 52 and Sch 8 Pt 2(11).
35
For more detail on the provisions already repealed see our published consultation paper at
paragraphs 227 to 235.
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