The Stamp Duty Land Tax (Consequential Amendment of Enactments) Regulations 2005

• Citation: S.I. 2005/82
• Sections: 5

Section 1 Citation and commencement

These Regulations may be cited as the Stamp Duty Land Tax (Consequential Amendment of Enactments) Regulations 2005 and shall come into force on 11th February 2005.

Section 2 Amendment of the National Health Service and Community Care Act 1990

(1) Section 61 of the National Health Service and Community Care Act 1990 (taxation: NHS bodies) is amended as follows.

(2) For subsection (3) substitute—

(3) In the case of a body falling within subsection (3A) below—

(a) where any conveyance, transfer or lease is made or agreed to be made to the body, no stamp duty shall be chargeable under Part 1 or 2, or paragraph 16, of Schedule 13 to the Finance Act 1999 on the instrument by which the conveyance, transfer, lease, or the agreement for it, is effected;

(b) where the body is the purchaser in relation to a land transaction, the land transaction is exempt from charge for the purposes of stamp duty land tax.

(3A) The bodies are—

(a) a National Health Service trust established under Part 1 of this Act or Part 1 of the National Health Service (Scotland) Act 1978;

(b) a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991;

(c) a Primary Care Trust;

(d) a Local Health Board.

(3B) Relief under subsection (3)(b) above must be claimed in a land transaction return or an amendment of such a return.

(3C) In this section—

“land transaction” has the same meaning as in Part 4 of the Finance Act 2003 (see section 43(1) of that Act);

“land transaction return” shall be construed in accordance with section 76(1) of that Act;

“purchaser” has the same meaning as in Part 4 of that Act (see section 43(4) of that Act).

Section 3 Amendment of Part 6 of the Finance Act 1994

(1) Part 6 of the Finance Act 1994 (stamp duty) is amended as follows.

(2) For the heading of the Part substitute “Stamp duty and stamp duty land tax”.

(3) In section 245 (supplementary provisions about production of documents on transfer of land in Northern Ireland) , in subsection (2)—

(a) before “any document” insert “— (a)” and

(b) after “244(2) above” insert “, or” followed by the following paragraph—

(b) any return delivered to the Commissioners under Part 4 of the Finance Act 2003 (stamp duty land tax),

Section 4 Repeal

Section 61A of the National Health Service and Community Care Act 1990 (health service bodies: stamp duty land tax)( is repealed.

Section 5 Revocation

In Part 1 of the Schedule to the Stamp Duty Land Tax (Consequential Amendment of Enactments) Regulations 2003 (consequential amendments to Acts of Parliament)( omit paragraph 15.