Finance Act, 1995

Amendment of section 49 (grant of licences and date of expiration of licences) of Finance (1909-10) Act, 1910.

115.Section 49 of the Finance (1909-10) Act, 1910 , is hereby amended in subsection (1A) (inserted by section 156 of the Finance Act, 1992 )—

(a) by the substitution of the following paragraph for paragraph (a):

“(a) Where in the case of a licence to which the proviso to subsection (1) of this section relates—

(i) an application in accordance with section 242 of the Finance Act, 1992 , for a tax clearance certificate has been made—

(I) not less than two months prior to the commencement date of such a licence, where such a commencement date is in the year ending on the 31st day of December, 1995, or

(II) not less than four months prior to the commencement date of such a licence in each subsequent year,

and a tax clearance certificate has not yet been issued or refused, or

(ii) a tax clearance certificate has been refused and an appeal against such refusal has been made and accepted in accordance with subsection (6) of the said section 242,

and in either case, the licence could, but for the provisions relating to a tax clearance certificate, have been issued, then—

(A) in a case where a licence has been granted in respect of the previous licensing period, such licence may continue in force beyond its latest expiry date pending—

(I) the issue or refusal of a tax clearance certificate, or

(II) in the case of an appeal, the final determination of that appeal, and

(B) in a case where a licence has not been granted in respect of the previous licensing period, a licence may be issued temporarily and remain in force pending—

(I) the issue or refusal of a tax clearance certificate,

or

(II) in the case of an appeal, the final determination of that appeal:

Provided that the amount of the duty that would be payable on the granting of the licence is duly deposited with the proper officer of Customs and Excise.”,

(b) by the substitution of the following paragraph for paragraph (b):

“(b) every licence issued temporarily or continued in force in accordance with paragraph (a) of this subsection shall, while it remains in force, be deemed to be a licence within the meaning of this section.”,

and

(c) by the substitution of the following paragraphs for paragraph (c):

“(c) Where—

(i) a determination is made to issue a tax clearance certificate, in respect of an application referred to in subparagraph (i) of paragraph (a), or

(ii) the final determination of an appeal referred to in subparagraph (ii) of paragraph (a) is to the effect that the application for a tax clearance certificate in relation to a licence is an acceptable application,

and where the tax clearance certificate has been issued, the licence continued in force or issued temporarily under this subsection shall expire upon the grant of a licence under this section and the duty deposited shall be set against the appropriate duty payable on the grant of the licence.

(d) Where—

(i) a determination is made to refuse a tax clearance certificate, in respect of an application referred to in subparagraph (i) of paragraph (a), or

(ii) the final determination of an appeal under subparagraph (ii) of paragraph (a) is to the effect that the refusal of an application for a tax clearance certificate in relation to a licence is a valid refusal,

the licence continued in force or issued temporarily under this subsection shall expire not later than seven days after such refusal or after the determination of such appeal, and the amount of any duty deposited in excess of the proportion of that duty attributable to the period when the licence was temporarily in force shall be repaid.”.