TNAG-0171-FCO40-207-Effect-of-UK-s-economic-measures-on-exports-from-Hong-Kong-1969 — Page 139

Finance (No. 2) Act 1964

CH. 92

9

prescribe; and no application shall be made by virtue of sub- section (6)(b) above in respect of any ship or aircraft or any part thereof.

(8) An applicant shall not be eligible for a rebate by virtue of an application as respects any period unless—

(a) the export value of the goods to which the application relates (determined in accordance with Schedule 3 to this Act), or

(b) the export value of those goods, when taken with the export value of the goods (determined as aforesaid) to which any other applications made by that applicant in respect of other periods in the same year relate,

is not less than £2,000.

In this subsection references to a year are references to a year beginning with October and ending with the following September, and if regulations under subsection (2) of this section prescribe periods in respect of which applications are to be made which are periods any of which fall partly before and partly after the end of a year as so defined, the regulations may make such modifications of the foregoing provisions of this subsection as will enable those provisions to apply to whole periods.

(9) No application for rebate shall be made in respect of any goods by virtue of any such contract, sale, hiring or exporta- tion for use as is mentioned in subsection (6) above if a rebate was payable in respect of those goods on an application made by virtue of any previous such contract, sale, hiring or exporta- tion for use, or would have been so payable if such an applica- tion had been made, except that, where a rebate was or would have been payable on an application made by virtue of a previous hiring or contract of hire, the person who made or could have made that application may make a further applica- tion by virtue of any subsequent sale or hiring of those goods.

In determining for the purposes of this subsection whether a rebate was or would have been payable, subsection (8) above shall be disregarded.

(10) Any order under this section may be varied or revoked by a subsequent order and shall be made by statutory instrument subject to annulment in pursuance of a resolution of the House of Commons; and any regulations under this section shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(11) For the purposes of this section the time of exporta- tion of any goods shall be deemed to be, where the goods are exported by sea or air, the time when the ship or aircraft carry- ing them leaves the port or airport where they were loaded for

PART II