Section 11 | Power to modify application of GAAR to national insurance contributions

(1)Where a modification is made to Part 5 of the Finance Act 2013 (general anti-abuse rule) that does not apply in relation to national insurance contributions (“the tax only modification”), the Treasury may by regulations—

(a)make provision for the purpose of applying the tax only modification in relation to national insurance contributions (with or without modifications),

(b)make provision in relation to national insurance contributions corresponding to the tax only modification, or

(c)otherwise modify the general anti-abuse rule, as it has effect in relation to national insurance contributions, in consequence of, or for the purpose of making provision supplementary or incidental to, the tax only modification.

(2)Regulations under this section—

(a)may amend, repeal or revoke any provision of an Act or instrument made under an Act (whenever passed or made),

(b)may make consequential, incidental, supplementary, transitional, transitory or saving provision, and

(c)may make different provision for different cases, classes of national insurance contributions or purposes.

(3)Regulations under this section must be made by statutory instrument.

(4)A statutory instrument containing (with or without other provision) regulations under this section that amend or repeal a provision of an Act may not be made unless a draft has been laid before, and approved by a resolution of, each House of Parliament.

(5)A statutory instrument containing regulations under this section that does not have to be approved in draft under subsection (4) is subject to annulment in pursuance of a resolution of either House of Parliament.

(6)In this section—

“general anti-abuse rule” has the same meaning as in Part 5 of the Finance Act 2013;

“national insurance contributions” means contributions under either Part 1 of SSCBA 1992 or Part 1 of SSCB(NI)A 1992.