The Value Added Tax (Refund of Tax to Museums and Galleries) (Amendment) Order 2012 No. 2731


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United Kingdom Statutory Instruments


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Statutory Instruments

2012 No. 2731

Value Added Tax

The Value Added Tax (Refund of Tax to Museums and Galleries) (Amendment) Order 2012

Made

30th October 2012

Laid before the House of Commons

31st October 2012

Coming into force

1st December 2012

The Treasury, in exercise of the powers conferred by section 33A(9) of the Value Added Tax Act 1994(1), makes the following Order:

Citation and commencement

1. This Order may be cited as the Value Added Tax (Refund of Tax to Museums and Galleries) (Amendment) Order 2012 and comes into force on 1st December 2012.

Amendments to the Value Added Tax (Refund of Tax to Museums and Galleries) Order 2001

2. The Schedule to the Value Added Tax (Refund of Tax to Museums and Galleries) Order 2001(2) is amended as set out in the Schedule to this Order.

Stephen Crabb

Anne Milton

Two of the Lords Commissioners of Her Majesty's Treasury

30th October 2012

Article 2

SCHEDULE

Amendments (shown in bold) made to the Schedule to the Value Added Tax (Refund of Tax to Museums and Galleries) Order 2001 ("the Schedule") by this Order.

Column 1Column 2Column 3

Insertions (shown in bold) to columns 1, 2 and 3, inserted at the end of the Schedule below the entry for University of the Arts London(3)

University of Leeds

The Stanley and Audrey Burton Gallery

University of Leeds Parkinson Building

Woodhouse Lane

Leeds LS2 9JT

3 March 2008

UK Border Agency National Museum

Seized! The Borders and Customs Uncovered Basement of Merseyside Maritime Museum

Albert Dock

Liverpool L1 4AQ

1 December 2012

Insertions (shown in bold) to columns 2 and 3 of the Schedule

Opposite the entry in column 1 for University of Oxford(4) and below the entry in column 2 for Museum of the History of Science

The Weston Library (New Bodleian)

Bodleian Libraries

Broad Street

Oxford OX1 3EG

(in respect of the historical collections in its galleries, temporary exhibitions and other related public programmes and events)

14 September 2010
Opposite the entry in column 1 for National Maritime Museum and below the entry in column 2 for National Maritime Museum

The Royal Observatory Astronomy Centre

Blackheath Avenue

London SE10 8JX

3 March 2008

The Queen's House

Romney Road

London SE10 9NF

3 March 2008
Opposite the entry in column 1 for National Football Museum(5) and below the entry in column 2 for National Football Museum

National Football Museum

Urbis Building

Cathedral Gardens

Manchester M4 3BG

1 December 2012

Deletions (shown in bold) from columns 1, 2 and 3 of the Schedule

School of Oriental and African Studies(6)

Percival David Foundation of Chinese Art

53 Gordon Square

London WC1H 0PD

1 August 2004
Middlesex University(7)

Museum of Domestic Design and Architecture

Cat Hill

Barnet

Hertfordshire EN4 8HT

1 August 2004

Deletions (shown in bold) from columns 2 and 3 of the Schedule

Opposite the entry in column 1 for University of Newcastle upon Tyne(8)

Museum of Antiquities

University of Newcastle upon Tyne

Newcastle upon Tyne NE1 7RU

1 August 2004

Shefton Museum of Greek Art and Archaeology

University of Newcastle upon Tyne

Newcastle upon Tyne NE1 7RU

1 August 2004

Opposite the entry in column 1 for National Museums of Scotland

National War Museum of Scotland

Edinburgh Castle

Edinburgh

Opposite the entry in column 1 for University of Manchester(9)

Labour History Archive and Study Centre

People's History Museum

Head Office

103 Princess Street

Manchester M1 6DD

1 August 2004
Opposite the entry in column 1 for National Museums and Galleries on Merseyside(10)

HM Revenue and Customs National Museum Merseyside Maritime Museum

Albert Dock

Liverpool L3 4AQ

1 December 2004

Change of name and/or address in columns 1 and 2 of the Schedule (original in italics, replacement entry in bold)

From:

University of Wales Aberystwyth(11)

To:

Aberystwyth University

From:

Ceramics Gallery

The University of Wales

Buarth Mawr

Aberystwyth

Ceredigion SY23 1NG

To:

Ceramics Gallery

Aberystwyth University

Buarth Mawr

Aberystwyth

Ceredigion SY23 1NG

From:

School of Art Gallery and Museum

The University of Wales

Buarth Mawr

Aberystwyth

Ceredigion SY23 1NG

To:

School of Art Gallery and Museum

Aberystwyth University

Buarth Mawr

Aberystwyth

Ceredigion SY23 1NG

Opposite the entry in column 1 for University of Bristol(12)

From:

University of Bristol Theatre Collection

Cantocks Close

Bristol BS8 1UP

To:

University of Bristol Cartoon Archive

Cantocks Close

Bristol BS8 1UP

Opposite the entry in column 1 for People's History Museum(13)

From:

People's History Museum

The Pump House

Bridge Street

Manchester M3 3ER

To:

People's History Museum

Left Bank

Spinningfields

Manchester M3 3ER

Opposite the entry in column 1 for University of Newcastle upon Tyne

From:

Hancock Museum

Barras Bridge

Newcastle upon Tyne NE2 4PT

To:

GNM Hancock

Barras Bridge

Newcastle upon Tyne NE2 4PT

From:

Hatton Gallery

University of Newcastle upon Tyne

Newcastle upon Tyne NE1 7RU

To:

Hatton Gallery

University of Newcastle upon Tyne

Newcastle upon Tyne NE1 4JA

Opposite the entry in column 1 for University of Aberdeen(14)

From:

Marischal Museum

University of Aberdeen

Marischal College

Broad Street

Aberdeen

Scotland AB10 1YS

To:

Marischal Museum

University of Aberdeen

King's College

Aberdeen

Scotland AB24 3SW

Opposite the entry in column 1 for National Museums and Galleries on Merseyside(15)

From:

National Conservation Centre

Whitechapel

Liverpool L1 6HZ

To:

Collections Management Division/Development Office

National Museums Liverpool Midland Railway Building

1 Peter Street

Liverpool L1 6BL

Opposite the entry in column 1 for Science Museum(16)

From:

National Museum of Photography Film and Television

Bradford

West Yorkshire BD1 1LQ

To:

National Media Museum

Bradford

West Yorkshire BD1 1LQ

EXPLANATORY NOTE

(This note is not part of the Order)

This Order, which comes into force on 1st December 2012, amends the Value Added Tax (Refund of Tax to Museums and Galleries) Order 2001 S.I. 2001/2879 ("the 2001 Order"). The 2001 Order specifies the bodies that are entitled, under section 33A of the Value Added Tax Act 1994 (c. 23) ("section 33A"), to claim a refund of the VAT incurred by them that is attributable to the provision of free admission to specified museums and galleries which they operate.

Article 2 provides for further amendments to be made to the Schedule to the 2001 Order ("the 2001 Schedule") as set out in the Schedule to this Order.

The 2001 Schedule specifies dates which are the earliest respective dates that a supply can have been made, or an importation can have taken place, for the VAT on that supply or importation to be the subject of a valid claim for a refund. The specified dates for four of the museums and galleries added to the 2001 Schedule by this Order are prior to the date on which this Order was made. This means that claims for refunds will be permitted in respect of VAT incurred before the dates on which this Order was made, laid and came into force. The authority for this is in section 33A(1)(c) and (9).

A Tax Information and Impact Note covering this instrument was published on 21st September 2012 alongside the draft Value Added Tax (Refund of Tax to Museums and Galleries)(Amendment) Order 2012 and is available on the HMRC website at http://www.hmrc.gov.uk/thelibrary/tiins.htm. It remains an accurate summary of the impacts that apply to this instrument.

(1)

1994 c. 23: section 33A was inserted by section 98 of the Finance Act 2001 (c. 9) and amended by section 118 of, and paragraphs 32 and 33 of Schedule 39 to, the Finance Act 2008 (c. 9) and S.I. 2009/403.

(2)

S.I. 2001/2879, amended by 2004/1709, 2005/1993, 2008/1339 and 2010/608.

(3)

Inserted by S.I. 2010/608.

(4)

Inserted by S.I. 2005/1993 and amended by 2008/1339.

(5)

Inserted by S.I. 2008/1339.

(6)

Inserted by S.I. 2005/1993.

(7)

Inserted by S.I. 2005/1993.

(8)

Inserted by S.I. 2005/1993.

(9)

Inserted by S.I. 2005/1993.

(10)

Related entries in column 2 amended by S.I. 2008/1339.

(11)

Inserted by S.I. 2005/1993.

(12)

Inserted by S.I. 2005/1993.

(13)

Inserted by S.I. 2008/1339.

(14)

Inserted by S.I. 2005/1993.

(15)

Related entries in column 2 amended by S.I.2008/1339.

(16)

Related entries in column 2 amended by S.I. 2004/1709.


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