Schedule 7 Finance Act 2005
Flagging: provisions supplementing paragraphs 22A and 22B
22C (1) An order under paragraph 22B(2) designating a financial year shall be made if-
(a) the Treasury are satisfied, on the basis of the information available to them, that the percentage of the tonnage tax fleet which is Community-flagged has not decreased on average over a prescribed three year period, and
(b) the order is made before the beginning of that financial year.
(2) The Treasury may make provision by regulations for or in connection with-
(a) specifying the meaning, for the purposes of sub-paragraph (1)(a), of the percentage of the tonnage tax fleet which is Community-flagged;
(b) specifying the way in which an average is to be calculated for those purposes;
(c) requiring any tonnage tax company or tonnage tax group to provide prescribed information for the purposes of enabling the Treasury to determine whether the condition in sub-paragraph (1)(a) is met;
(d) imposing penalties in respect of a failure to comply with a provision of the regulations made by virtue of paragraph (c) (including, in prescribed cases or circumstances, the exclusion of a company or group from tonnage tax).
(3) Section 828(3) of the Taxes Act 1988 shall not apply in relation to an order under paragraph 22B(2).
(4) The Treasury may make provision by regulations as to the way in which the percentage of a company’s total tonnage which is Community-flagged is to be calculated for the purposes of paragraph 22A.
(5) The provision that may be made by regulations under sub-paragraph (4) includes provision for or in connection with-
(a) determining the percentage of a company’s total tonnage which is Community- flagged on average over a period;
(b) specifying the basis on which the tonnage of a ship is to be determined;
(c) treating ships which would, but for the regulations, be relevant ships for the purposes of paragraph 22B(3) as not being relevant ships for those purposes;
(d) including in the calculation set out in paragraph 22B(3) only such proportion of the tonnage of a relevant ship as may be prescribed.
(6) Regulations under this paragraph-
(a) may make different provision for different cases or circumstances, and
(b) may contain such supplementary, incidental, consequential and transitional provisions as appear to the Treasury to be necessary or expedient.
(7) In this paragraph “prescribed” means-
(a) specified in, or
(b) determined in accordance with, regulations under this paragraph.”.