nha80/s8.- National Heritage Act 1980 Section 8 Payments by Ministers to Commissioners of Inland Revenue.

PART II

PROPERTY ACCEPTED IN SATISFACTION OF TAX

8. - (1) Where under paragraph 17 of Schedule 4 to the Finance Act 1975 [or section 230 of the Inheritance Tax Act 1984 ¹ ] the Commissioners of Inland Revenue have accepted any property in satisfaction of any amount of [inheritance tax ² ], [the Ministers ³ ] may pay to the Commissioners a sum equal to that amount.

(2) Any sums paid to the Commissioners under this section shall be dealt with by them as if they were payments on account of [inheritance tax ² ].

(3) Subsections (1) and (2) above shall apply in relation to estate duty chargeable on a death occurring before the passing of the said Act of 1975 as they apply in relation to [inheritance tax ² ]; and for that purpose the reference in subsection (1) to paragraph 17 of Schedule 4 to that Act shall be construed as a reference to -

1910 c.8.

(a) section 56 of the Finance (1909-1910) Act 1910;

1953 c.34.
1954 c.3 (N.I.)

(b) section 30 of the Finance Act 1953 and section 1 of the Finance (Miscellaneous Provisions) Act (Northern Ireland) 1954; and

1956 c.54.
1973 c.51. S.I.
1972/1100
S.I. 1973/1323

(c) section 34(1) of the Finance Act 1956, section 46 of the Finance Act 1973, Article 10 of the Finance (Northern Ireland) Order 1982 and Article 5 of the Finance (Miscellaneous Provisions) (Northern Ireland) Order 1973.

(4) References in this Part of this Act to property accepted in satisfaction of tax are to property accepted by the Commissioners under the provisions mentioned in this section.

Disposal of
property
accepted by
Commissioners.

9. - (1) Any property accepted in satisfaction of tax shall be disposed of in such manner as [either of the Ministers ⁴ ] may direct.

(2) Without prejudice to the generality of subsection (1) above, [either Minister ⁴ ] may in particular direct that any such property shall, on such conditions as he may direct, be transferred to any institution or body falling within section 3(6)(a), (b) or (c) above which is willing to accept it, to the National Art Collections Fund or to the Friends of the National Libraries if they are willing to accept it, to the Secretary of State or to the Department of the Environment for Northern Ireland.

(3) Where [either of the Ministers ⁴ ] has determined that any property accepted in satisfaction of tax is to be disposed of under this section to any such institution or body as is mentioned in subsection (2) above or to any other person who is willing to accept it, he may direct that the disposal shall be effected by means of a transfer direct to that institution or body or direct to that other person instead of being transferred to the Commissioners.

(4) [Either of the Ministers ⁴ may in any case direct that any property accepted in satisfaction of tax shall, instead of being transferred to the Commissioners, be transferred to a person nominated by [the Ministers ⁴ ] and where property is so transferred the person to whom it is transferred shall, subject to any directions subsequently given under subsection (1) or (2) above, hold the property and manage it in accordance with such directions as may be given by [the Minister ⁴ ].

(5) In exercising their powers under this section in respect of an object or collection or group of objects having a significant association with a particular place, [the Ministers ⁴ ] shall consider whether it is appropriate for the object, collection or group to be, or continue to be, kept in that place, and for that purpose [the Ministers ⁴ ] shall obtain such expert advice as appears to [them ⁴ ] to be appropriate.

(6) The Ministers ⁴ ] shall lay before Parliament as soon as may be after the end of each financial year a statement giving particulars of any disposal or transfer made in that year in pursuance of directions given earlier under this section.

(7) Reference in this section to the disposal or transfer of any property include references to leasing, sub-leasing or lending it for any period and on any terms.

1 Inserted by CTTA Sch.98 para. 13, with effect from 1 January 1985. By 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.

2 See 1986 s.100 (1) and (2) - for any liability to tax arising on and after 25 July 1986 any reference in the legislation to capital transfer tax has effect as a reference to inheritance tax.

3 Substituted by Transfer of Functions (Arts, Libraries and National Heritage) Order 1983, S.I. 1983 No. 879, Sch. 2, with effect from 1 July 1983. Previously "the Secretary of State".

4 Substituted by Transfer of Functions (Arts, Libraries and National Heritage) Order 1983, S.I. 1983 No. 879, Sch. 2, with effect from 1 July 1983. Previously "the Secretary of State"; "him".