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PART 11 U.K.Administration, enforcement and supplementary powers

Judgment debtsU.K.

170Rate of interest applicable to judgment debts etc: ScotlandS

(1)This section applies if—

(a)a sum is payable to or by the Commissioners under a decree or extract issued in any court proceedings relating to a taxation matter (a “tax-related judgment debt”), and

(b)interest in relation to the tax-related judgment debt is included in or payable under the decree or extract.

(2)In a case where the rate of interest in relation to the tax-related judgment debt is stated in the decree or extract, the rate stated in relation to that debt may not exceed (and may not be capable of exceeding)—

(a)in the case of a sum payable to the Commissioners, the late payment interest rate, and

(b)in the case of a sum payable by the Commissioners, the special repayment rate.

(3)In a case where the rate of interest in relation to the tax-related judgment debt is not stated in the decree or extract but provided for by an enactment or rule of court (whenever passed or made), that enactment or rule is to have effect in relation to the debt as if for the rate for which it provides there were substituted—

(a)in the case of a sum payable to the Commissioners, the late payment interest rate, and

(b)in the case of a sum payable by the Commissioners, the special repayment rate.

(4)This section has effect in relation to interest for periods beginning on or after the day on which this Act is passed, regardless of—

(a)the date of the decree or extract in question, and

(b)whether interest begins to run on or after the day on which this Act is passed, or began to run before that date.

(5)In this section—

(6)This section extends to Scotland only.