# Government of Wales Act 2006, Section 116I: Supplemental powers to modify enactments

Extent: E+W+S+N.I.

(1) The Treasury may by order modify sections 11B and 11CB of the Income Tax Act 2007 (income charged at Welsh rates) for the purpose of altering—
(a) the definition of the income which is charged to income tax at the rates provided for under the section concerned, or
(b) the application of the section concerned in relation to a particular class of income which is so charged.
(2) The Treasury may by order modify any enactment not contained in Chapter 2 of Part 2 of the Income Tax Act 2007 (rates at which income tax is charged) so that it makes provision, in relation to a Welsh taxpayer, by reference to the Welsh basic rate, the Welsh higher rate or the Welsh additional rate, instead of the basic rate, the higher rate or the additional rate.
(2A) The Treasury may by order modify any enactment not contained in Chapter 2 of Part 2 of the Income Tax Act 2007 (rates at which income tax is charged) so that it makes provision, in relation to a Welsh taxpayer, by reference to the Welsh property basic rate, the Welsh property higher rate or the Welsh property additional rate, instead of the property basic rate, the property higher rate or the property additional rate.
(3) If the Treasury consider it necessary or expedient to do so, they may by order provide that—
(a) a Welsh rate set by the Senedd for a tax year for the purpose of calculating the Welsh basic rate, Welsh higher rate or Welsh additional rate or, as the case may be, the Welsh property basic rate, the Welsh property higher rate or the Welsh property additional rate, or
(b) the fact that a Welsh rate has not been set by the Senedd for a tax year for any one or more of those purposes,
does not require any change in the amounts repayable or deductible under PAYE regulations between the beginning of that year and such later date as may be specified in the order.
(4) The Treasury may by order make such modifications of any enactment as they consider necessary or expedient in consequence of or in connection with an order under subsection (1), (2) or (3).
(5) An order under this section may, to the extent that the Treasury consider it to be appropriate, take effect retrospectively from the beginning of the tax year in which the order is made.
(6) No order is to be made under subsection (1), (2) or (4) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the House of Commons.
(7) A statutory instrument containing an order under subsection (3) is subject to annulment in pursuance of a resolution of the House of Commons.
(8) The power under subsection (1) does not include power to provide that any income which is—
(a) savings income, or
(b) dividend income which would otherwise be charged to income tax at a rate provided for under section 13 of the Income Tax Act 2007,
is income which is charged to income tax at a rate provided for under section 11B of that Act.

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Source: https://www.legislation.gov.uk/ukpga/2006/32/section/116I (the official version)
Page: https://openlegislation.uk/government-of-wales-act-2006/section-116I
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.