Finance (No. 2) Bill [Ways and Means] — Schedule 20 — Inheritance tax: rules for trusts etc — 4 Jul 2006 at 18:00
Chris Grayling MP, Epsom and Ewell voted in the minority (Aye).
Amendments made: No. 70, page 384, line 38, at end insert-
'(2) For the purposes of sections 71A to 71G above, a deceased individual ("D") shall be taken to have been a parent of another individual ("Y") if, immediately before D died, D had-
(a) parental responsibility for Y under the law of England and Wales,
(b) parental responsibilities in relation to Y under the law of Scotland, or
(c) parental responsibility for Y under the law of Northern Ireland.
(3) In subsection (2)(a) above "parental responsibility" has the same meaning as in the Children Act 1989.
(4) In subsection (2)(b) above "parental responsibilities" has the meaning given by section 1(3) of the Children (Scotland) Act 1995.
(5) In subsection (2)(c) above "parental responsibility" has the same meaning as in the Children (Northern Ireland) Order 1995.".'.
No. 71, page 386, line 29, leave out '("B")'.
No. 72, page 386, line 30, leave out '("the current interest")'.
No. 73, page 386, line 33, leave out
'the following conditions are met'
'section 49BA or 49BB below so provides'.
No. 74, page 386, line 34, at end insert-
'49BA Transitional serial interest: interest to which person becomes entitled during period 22nd March 2006 to 5th April 2008
(1) Where a person ("B") is beneficially entitled to an interest in possession in settled property ("the current interest"), that interest is a transitional serial interest for the purposes of this Chapter if the following conditions are met.'.
No. 75, page 387, line 6, at end insert-
'49BB Transitional serial interest: interest to which person becomes entitled on death of spouse or civil partner on or after 6th April 2008
(1) Where a person ("E") is beneficially entitled to an interest in possession in settled property ("the successor interest"), that interest is a transitional serial interest for the purposes of this Chapter if the following conditions are met.
(2) Condition 1 is that-
(a) the settlement commenced before 22nd March 2006, and
(b) immediately before 22nd March 2006, the property then comprised in the settlement was property in which a person other than E was beneficially entitled to an interest in possession ("the previous interest").
(3) Condition 2 is that the previous interest came to an end on or after 6th April 2008 on the death of that other person ("F").
(4) Condition 3 is that, immediately before F died, F was the spouse or civil partner of E.
(5) Condition 4 is that E became beneficially entitled to the successor interest on F's death.
(6) Condition 5 is that-
(a) section 71A below does not apply to the property in which the successor interest subsists, and
(b) the successor interest is not a disabled person's interest.'.
No. 76, page 387, line 47, leave out '49B(1)(a)' and insert '49BA'.
No. 77, page 388, line 4, leave out '49B(1)(a)' and insert '49BA'.- [Dawn Primarolo.]
Amendment proposed: No. 5, page 388, line 18, at beginning insert-
'6 (1) In section 89 (trusts for disabled persons)-
(a) in subsection (4)(a) at end insert-
"(aa) a person who lacked capacity within the meaning of section 272 below, or";
(b) in subsection (4)(c), leave out "or middle" and insert "middle or lower"; and
(c) after subsection (4)(c) at end insert-
"(d) a person who satisfies the Commissioners for Her Majesty's Revenue and Customs that he had a condition that it was at that time reasonable to expect would have such effects on him as to lead to him becoming a person-
(i) falling within subsection (4)(a) or (aa) above, or
(ii) in receipt of an attendance allowance mentioned in subsection (4)(b) above, or
(iii) in receipt of a disability living allowance mentioned in subsection (4)(c) above.".'.- [Mrs. Villiers.]
Question put, That the amendment be made:-
The House divided: Ayes 215, Noes 276.
Votes by party, red entries are votes against the majority for that party.
What is Tell? '+1 tell' means that in addition one member of that party was a teller for that division lobby.
What are Boths? An MP can vote both aye and no in the same division. The boths page explains this.
What is Turnout? This is measured against the total membership of the party at the time of the vote.
|Party||Majority (No)||Minority (Aye)||Both||Turnout|
|Con||0||158 (+2 tell)||0||81.6%|
|Lab||276 (+2 tell)||0||0||78.8%|