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FINANCE ACT (NORTHERN IRELAND) 1936 - SECT 9

9.(1) On the occasion of any transfer on sale of the fee simple of any land or
of any interest in land or on the grant of a lease of any land, it shall be
the duty of the person specified in sub-section (2) of this section to produce
to the Ministry of Finance the instrument by means of which the transfer or
the grant is effected or agreed to be effected, and to comply with such one of
the following requirements as he may elect to comply with, namely:

(a)to deliver with the instrument reasonable particulars thereof in a form to
be prescribed by regulations made by the said Ministry; or

(b)to deposit with the said Ministry a copy of the instrument; or

(c)to allow the instrument to be retained by the said Ministry, for such
period and under such conditions as may be prescribed by regulations made as
aforesaid.

Where a copy of the instrument is deposited with the said Ministry, or the
said Ministry is allowed to retain the instrument, the said Ministry may
abstract therefrom particulars corresponding with the particulars set out in
the form prescribed as aforesaid.

Any person producing an instrument to the Ministry of Finance for the purposes
of this sub-section who does not comply with the requirements of paragraph (a)
or paragraph (b) thereof shall be deemed to have elected to comply with the
requirements of paragraph (c) thereof.

Any particulars delivered to the Ministry of Finance, or abstracted by the
said Ministry, under this sub-section shall be available for use by the said
Ministry for the purpose of its powers in connection with... taxes, or by the
Commissioner of Valuation for the purpose of [ the Rates (Northern Ireland)
Order 1977].

(2) The transferee, in the case of a transfer on sale, and the lessor, in the
case of the grant of a lease, shall be the person upon whom the duty of
producing an instrument to the Ministry of Finance for the purposes of
sub-section (1) of this section is imposed:

Provided that if there is a written agreement or undertaking by the transferor
or lessee (as the case may be) that he will be responsible for presenting the
instrument for stamping under the provisions of the Stamp Act, 1891, then it
shall be the duty of such transferor or lessee to produce the instrument for
the purposes of the said sub-section.

(3) Any instrument to which this section applies shall not, for the purposes
of section fourteen of the Stamp Act, 1891, and notwithstanding anything in
section twelve of that Act, be deemed to be duly stamped unless it is stamped
with a stamp denoting that the requirements of this section have been complied
with.

(4) If any person upon whom the duty of producing an instrument to the
Ministry of Finance is imposed by sub-section (1) of this section fails to do
so within thirty days after the execution of the instrument, or, in the case
of an instrument first executed at any place outside Northern Ireland, after
the instrument is first received in Northern Ireland, or fails to comply with
the requirements of the said sub-section, such person shall be liable on
summary conviction to a fine not exceeding ten pounds.

(5) The Ministry of Finance may, in its discretion, mitigate or remit any fine
incurred under this section, or stay or compound any proceedings for the
recovery thereof.

(6) The Ministry of Finance may by regulations provide from time to time for
the exemption of any particular class or classes of instrument from the
requirements mentioned in sub-section (1) of this section, and an instrument
of any such class shall be deemed to have been duly stamped under the
provisions of this section.

The said Ministry may by regulations prescribe the conditions under which
there may be made available at the hearing of an appeal against a valuation
under [ the Rates (Northern Ireland) Order 1977], any particulars which have
been delivered to, or abstracted by, the said Ministry under sub-section (1)
of this section, and which the Commissioner of Valuation proposes to use on
that appeal.

(7) In this section the expression "land" includes houses and other buildings,
and the expresssion "grant of a lease" includes any agreement, guarantee or
other transaction effected by an instrument which, under the Stamp Act, 1891,
or any other enactment, is chargeable with duty as a lease.

(8) This section shall apply to instruments executed after the first day of
December, nineteen hundred and thirty-six.

Summary proceedings in revenue cases.

© 1936 Crown Copyright

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