24
CH. 92
SCH. 3
Finance (No. 2) Act 1964
(b) costs, charges and expenses relating to the sale incurred before or on that sale shall be disregarded for the purposes of sub-paragraph (2) of this paragraph.
5.-(1) For the purposes of paragraph 4 above, a sale in th open market between buyer and seller independent of each other pre supposes
(a) that the goods are the sole consideration for the price paid,
and
(b) that the price is not influenced by any commercial, financial or other relationship, whether by contract or otherwise, between the seller or any person associated in business with him and the buyer or any person associated in business with him (other than the relationship created by the sale of the goods in question), and
(c) that neither the seller nor any person associated in business with him has provided any part of the price, and that no part of the price will be returned to the buyer or any person associated in business with him.
(2) For the purposes of this paragraph, two persons shall be deemed to be associated in business with one another if, whether directly or indirectly, either of them has any interest in the business or property of the other, or both have a common interest in any business or property, or some third person has an interest in the business or property of both of them.
6. (1) Where the relevant transaction is of the kind described in paragraph 3(1) of this Schedule the value of the goods shall be that ascertained under paragraph 4 of this Schedule or that ascer- tained under the following sub-paragraph, whichever is the less.
(2) The value of the goods under this sub-paragraph shall be taken to be the aggregate of the rental which could be obtained, at the time of the contract of hire, on a contract of hire for the period for which the goods are hired in the open market between owner and hirer independent of each other.
(3) Paragraph 4(2) and (3)(b) and paragraph 5 of this Schedule shall apply with any necessary modifications for the purposes of the last foregoing sub-paragraph.
Disputes
7.-(1) Any dispute as to the determination of any amount under this Schedule shall be referred to a referee (not being an official of any government department) appointed by the Lord Chancellor ; and the procedure on any such reference shall be such as the referee may determine.
(2) The foregoing sub-paragraph shall not have effect and any amount falling to be determined under this Schedule in relation to the rebate payable to any person shall be that fixed by the Com- missioners, unless, within three months from the time when the Commissioners' final determination of that amount is communicated to that person, or such longer time as they may allow, a notice requiring a reference under that sub-paragraph has been served on the Commissioners.