Section 287 Orders and regulations made by the Treasury or the Board.

United Kingdom

(1)

Subject to F1subsections (2) and (2A) below, any power of the Treasury or the Board to make any order or regulations under this Act or any other enactment relating to the taxation of chargeable gains passed after this Act shall be exercisable by statutory instrument.

(2)

Subsection (1) above shall not apply in relation to any power conferred by section 288(6).

F2(2A)

Subsection (1) above shall not apply in relation to any power conferred by TIOPA 2010 (see instead section F3499 of that Act).

C1(3)

Subject to subsection (4) below and to any other provision to the contrary, any statutory instrument to which subsection (1) above applies shall be subject to annulment in pursuance of a resolution of the House of Commons.

(4)

Subsection (3) above shall not apply in relation to an order or regulations made under section F4... 265 or paragraph 1 of Schedule 9, or—

(a)

if any other Parliamentary procedure is expressly provided; or

F5(b)

if the order or regulations provide for any provision of an enactment relating to the taxation of chargeable gains to come into force or have effect in accordance with the order or regulations.

Annotations

Textual amendments

F1: Words in s. 287(1) substituted (18.3.2010) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(2)(c), Sch. 8 para. 318(2) (with Sch. 9 paras. 1-9, 22)
F2: S. 287(2A) inserted (18.3.2010) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(2)(c), Sch. 8 para. 318(3) (with Sch. 9 paras. 1-9, 22)
F3: Word in s. 287(2A) substituted (with effect in accordance with Sch. 5 para. 25(1)(2) of the amending Act) by Finance (No. 2) Act 2017 (c. 32), Sch. 5 para. 10(4)(a)
F4: Words in s. 287(4) omitted (for the tax year 2023-24 and subsequent tax years) by virtue of Finance Act 2023 (c. 1), s. 8(8)(a)(9)
F5: S. 287(4)(b) substituted (with effect in accordance with s. 125(4) of the amending Act) by Finance Act 2015 (c. 11), s. 125(1)

Modifications

C1: S. 287(3) excluded (21.7.2009) by Finance Act 2009 (c. 10), Sch. 22 para. 14(2)