Statute Law Repeals - Law Commission - Ministry of Justice

10.98 Schedule 21 paragraph 48 amended section 118 of FA 1994 (dealing with capital
allowances for plant and machinery expenditure). Words were substituted in
section 118(3) and a new subsection (3A) was inserted. These two provisions
were later repealed by FA 2000, ss 73(1)(a),(2), 156 and Sch 40 Pt 2(8), but the
amending provision was left in situ. Schedule 21 paragraph 48 may now be
repealed.
10.99 Schedule 36 to FA 1996 (with section 182) amended provisions in ICTA 1988
relating to controlled foreign companies. Schedule 36 paragraph 1 amended
section 747A of ICTA 1988 relating to computing chargeable profits. Section
747A was repealed by Finance Act 2005 (c.7) (“FA 2005”), ss 80(1), 104 and Sch
4 para 24 and Sch 11 Pt 2(6) for accounting periods from 16 March 2005,
together with Schedule 36 paragraph 1(3)(b),(c). However, Schedule 36
paragraph 1(1),(2),(3)(a) is also spent because it simply introduced the
amendments and provided for textual omissions. The whole of Schedule 36
paragraph 1 can now be repealed.
10.100 Schedule 36 paragraph 3(11) amended Schedule 24 paragraph 11 to ICTA 1988
in relation to the calculation of capital allowances. Schedule 24 paragraph 11 was
later repealed by FA 1998, ss 113, 165 and Sch 17 paras 22, 37(1),(2) and Sch
27 Pt 3(27). The amending provision in Schedule 36 paragraph 3(11) is now
superseded and may also be repealed.
10.101 Schedule 37 to FA 1996 (with section 198) redefined “bank” for certain purposes
in ICTA 1988. Schedule 37 paragraph 11(2)(b) inserted a new subsection (3AA)
into section 18 of the TMA 1970. The FA 2000, ss 145(5),(11), 156 and Sch 40 Pt
5 repealed section 18(3AA) of TMA 1970 from 6 April 2001 onwards, but no
repeal was made of the amending provision. Schedule 37 paragraph 11(2)(b)
may now be repealed as spent.
Finance Act 1997
10.102 Section 61 of the Finance Act 1997 (c.16) (“FA 1997”) dealt with the phasing-out
of relief for profit-related pay under Schedule E and ceased the effectiveness of
Part 5 Chapter 3 of ICTA 1988. 39 Registration was to end on 31 December 2000.
As Chapter 3 has been repealed, and the key dates in section 61 have passed,
the section can now be repealed as spent.
Finance (No. 2) Act 1997
10.103 Section 17 of the Finance (No.2) Act 1997 (c.58) (“F (No.2) A 1997”) withdrew
relief for medical insurance premiums on a phased basis starting in 1997-98.
Relief for such premiums was provided for in FA 1989, ss 54 to 57. F (No.2) A
1997, s 52 and Sch 8 Pt 2(2) repealed sections 54 to 57 for 1997-98 onwards,
subject to a saving for relief given under section 54 for payments received by an
insurer before 6 April 1999. That saving is now spent because the key date has
passed. Section 17 can be repealed.
39 Chapter 3 embraced sections 169 to 184. It was formally repealed by FA 1997, ss 61(2),
113 and Sch 18 Pt 6(3), subject to a saving relating to profit periods beginning before 1
January 2000.
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