Finance Act 1958
| Jurisdiction | UK Non-devolved |
| Citation | 1958 c. 56 |
Finance Act , 1958
(6 & 7 Eliz. 2) CHAPTER 56
An Act to grant certain duties, to alter other duties, and to amend the law relating to the National Debt and the Public Revenue, and to make further provision in connection with Finance.
Most Gracious Sovereign,
W e , Your Majesty's most dutiful and loyal subjects, the Commons of the United Kingdom in Parliament assembled, towards raising the necessary supplies to defray Your Majesty's public expenses, and making an addition to the public revenue, have freely and voluntarily resolved to give and grant unto Your Majesty the several duties hereinafter mentioned; and do therefore most humbly beseech Your Majesty that it may be enacted, and be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part I
Purchase Tax
1 Rates of tax, and descriptions of chargeable goods.
(1) Subject to any order of the Treasury made after the passing of this Act under section twenty-one of the Finance Act, 1948, there shall be made the changes in purchase tax provided for by the First Schedule to this Act.
(2) Accordingly Part I of the Second Schedule to this Act (which reproduces with the said changes the effect of Part I of the Eighth Schedule to the Finance Act, 1948, as set out in the Purchase Tax (Consolidation) Order, 1956, and subsequently amended) shall have effect for determining what goods are chargeable goods for the purposes of purchase tax and the rates of purchase tax chargeable in respect of goods of any class; and Part II of the said Second Schedule shall have effect for the purpose of adapting references to Part I of the Eighth Schedule to the said Act of 1948.
(3) Subsection (1) of this section and the First Schedule to this Act shall be deemed to have had effect from the sixteenth day of April, nineteen hundred and fifty-eight, save as otherwise provided in that Schedule, but subsection (2) and the Second Schedule shall not have effect until the beginning of October, nineteen hundred and fifty-eight (except as respects the making of orders by the Treasury).
2 Meaning of ‘business’.
(1) For the purposes of the enactments relating to purchase tax, and in particular of section eighteen of the Finance Act, 1946 (which, among other things, requires the registration of a person applying a chargeable process in the course of or for the purposes of his business), the performance by a local authority of the functions of the authority and the carrying out by any other body of persons, whether incorporated or not, of the objects of that body shall be deemed to constitute a business of the authority or body.
(2) This section shall be deemed to have had effect from the sixteenth day of April, nineteen hundred and fifty-eight.
Part II
Customs and Excise
3 Entertainments duty.
(1) Subject to subsection (2) of section one of the Entertainments Duty Act, 1958 (which provides for a reduced rate of duty in the case of certain mixed entertainments), the amount of entertainments duty chargeable on any payment for admission to an entertainment given after the third day of May, nineteen hundred and fifty-eight, shall be one-third of the amount, if any, by which the total amount of the payment (not excluding the amount of the duty) exceeds one shilling and six pence; and if before the date of the passing of this Act duty has been charged on any such payment, and by virtue of this subsection a less amount of duty or no duty should have been charged, the person by whom the duty was paid shall be entitled to repayment of the overcharge.
(2) In the case of entertainments given after the fourth day of October, nineteen hundred and fifty-eight, entertainments duty shall not be paid by means of stamps, but shall in all cases be accounted for and paid by the proprietor of the entertainment in accordance with regulations of the Commissioners of Customs and Excise made under section six of the Entertainments Duty Act, 1958; and as respects entertainments so given those regulations may in particular include provision for all or any of the following matters—
( a ) for ascertaining the amounts of duty chargeable, for regulating and recording admissions to chargeable entertainments, and for requiring security for the payment of duty;
( b ) for requiring the proprietor of an entertainment to give the Commissioners prior notice of it, and to furnish such other information about it as may be required of him, to keep and produce records and make returns of admissions to the entertainment and of payments for admission, and to display notices stating the prices of admission.
(3) For any failure to comply with an obligation under the regulations to account for or pay the duty chargeable in respect of any payment for admission, the penalty under subsection (3) of the said section six shall be fifty pounds or three times the amount of the duty, whichever is the greater.
(4) Section seven of the Entertainments Duty Act, 1958 (which authorises the Commissioners to delegate their powers with respect to entertainments and entertainments duty to local authorities and police authorities), shall cease to have effect.
(5) In section nine of the Entertainments Duty Act, 1958 (which relates to the interpretation of that Act), any reference to that Act shall include a reference to this section and any other enactment relating to entertainments duty.
4 Wines.
(1) In lieu of the duties of customs charged on wines under section four of the Finance Act, 1949, there shall be charged on wines imported into the United Kingdom duties of customs at the rates set out in the Third Schedule to this Act, the rates specified in the second column of that Schedule applying to wines which do not qualify for Commonwealth preference and those specified in the third column to wines which do:
Provided that each of the rates specified in that Schedule for light wines which qualify for Commonwealth preference shall be increased by one shilling, unless the Treasury by order direct otherwise.
(2) Subsections (2) to (9) of section two of the Import Duties Act, 1958 (which define the goods qualifying for Commonwealth preference under that Act), shall apply for the purposes of this section as they apply for the purposes of that section; and subsections (1) to (4) of section thirteen of that Act (which relate to the making, revocation, annulment and approval of orders under that Act) shall apply in relation to orders under subsection (1) of this section as they apply in relation to orders under that Act.
(3) For the purposes of this section ‘wine’ includes the lees of wine.
(4) The foregoing provisions of this section shall have effect from the beginning of the year nineteen hundred and fifty-nine; and as respects the period between the fifteenth day of April, nineteen hundred and fifty-eight, and the coming into force of those provisions section four of the Finance Act, 1949, shall have and be deemed to have had effect as if the rates of duty specified in the second and third columns of the Second Schedule to that Act for wines other than light wines had been those specified in the second and third columns of the Third Schedule to this Act.
5 Sweets.
(1) There shall be charged on sweets, in lieu of the duty charged under section six of the Finance Act, 1927, a duty of excise at the rates shown in the Fourth Schedule to this Act.
(2) This section shall be deemed to have had effect as from the sixteenth day of April, nineteen hundred and fifty-eight.
6 Repeal of spirits duty on certain methyl alcohol.
(1) Methyl alcohol, notwithstanding that it is so purified or prepared as to be potable, shall not he deemed for the purposes of the Customs and Excise Act, 1952, to be spirits nor be chargeable with the customs and excise duties on spirits, nor shall naphtha or any mixture or preparation containing naphtha or methyl alcohol and not containing spirits within the meaning of that Act.
(2) Methyl alcohol shall be included among the alcohols mentioned in subsection (2) of section one hundred and fifteen of that Act (which empowers the Commissioners of Customs and Excise for the purpose of protecting the revenue arising from the said duties to make regulations relating to those alcohols).
(3) This section shall have effect as from the first day of August, nineteen hundred and fifty-eight.
7 Date and periods of road vehicle licences.
(1) Subject to the provisions of this section, licences under the Vehicles (Excise) Act, 1949 (other than the annual licence provided for by section one of that Act and other than trade licences), may be taken out for such periods as may be prescribed by order of the Minister of Transport and Civil Aviation, being periods of a fixed number of months (not exceeding fifteen) running from the beginning of the month in which the licence first has effect.
(2) A licence for any period prescribed by an order under the foregoing subsection shall be taken out on payment of duty at such rate as may be so prescribed:
Provided that—
( a ) the rate of duty on any licence taken out for a period of twelve months shall be the same...
To continue reading
Request your trial