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Section 35A Variation of undertakings.F1C1

United Kingdom

(1)

An undertaking given under section 30, 32 or 32A above or paragraph 5 of Schedule 5 to this Act may be varied from time to time by agreement between the Board and the person bound by the undertaking.

(2)

Where F2the tribunal is satisfied that—

(a)

the Board have made a proposal for the variation of such an undertaking to the person bound by the undertaking,

(b)

that person has failed to agree to the proposed variation within six months after the date on which the proposal was made, and

(c)

it is just and reasonable, in all the circumstances, to require the proposed variation to be made,

F3the tribunal may direct that the undertaking is to have effect from a specified date as if the proposed variation had been agreed to by the person bound by the undertaking.

(3)

The date specified by the F4tribunal must not be less than sixty days after the date of F5the tribunal's direction.

(4)

A direction under this section shall not take effect if, before the date specified by the F6tribunal, a variation different from that to which the direction relates is agreed between the Board and the person bound by the undertaking.

Annotations

Textual amendments

F1

S. 35A and sidenote inserted (31.7.1998 with effect as mentioned in Sch. 25 para. 8(4) of the amending Act) by 1998 c. 36, s. 142, Sch. 25 para. 8(1)

F2

Words in s. 35A(2) substituted (1.4.2009) by The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 3(1), Sch. 1 para. 109(2)(a)

F3

Words in s. 35A(2) substituted (1.4.2009) by The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 3(1), Sch. 1 para. 109(2)(b)

F4

Word in s. 35A(3) substituted (1.4.2009) by The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 3(1), Sch. 1 para. 109(3)(a)

F5

Words in s. 35A(3) substituted (1.4.2009) by The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 3(1), Sch. 1 para. 109(3)(b)

F6

Words in s. 35A(4) substituted (1.4.2009) by The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 3(1), Sch. 1 para. 109(4)

Modifications

C1

S. 35A extended (31.7.1998) by 1992 c. 12, s. 258(8A) (as inserted (31.7.1998 with effect as mentioned in Sch. 25 para. 9(2) of the amending Act) by 1998 c. 36, s. 142, Sch. 25 para. 9(1))

S. 35A applied (with modifications) (31.7.1998) by 1998 c. 36, s. 142, Sch. 25 para. 10

Notes on the whole Act

Textual amendments

F1

By Finance Act 1986 s. 100(1), on and after 25 July 1986 the Capital Transfer Tax Act 1984 may be cited as the Inheritance Tax Act 1984.