keep The Income Tax (Pay As You Earn) (Amendment No. 3) Regulations 2015
These Regulations amend the Income Tax (Pay As You Earn) Regulations 2003 to implement the Scottish rate of income tax following the Scotland Act 2012. They add definitions for 'Scottish rate', 'Scottish taxpayer', and 'S code', and modify the definitions of basic, higher, and additional rates to distinguish between Scottish taxpayers and other UK employees. The changes allow PAYE deductions to be calculated at the correct rates for Scottish taxpayers.
Deleting this regulation would cause significant harm to Scottish taxpayers and employers. Without these definitions and modifications, the PAYE system could not correctly implement the Scottish variable rate of income tax set by the Scottish Parliament under the Scotland Act 2012. Employees could have incorrect tax deductions, employers would lack guidance on which rates to apply, and HMRC would face administrative chaos. While I support deregulation generally, this regulation is functional infrastructure implementing a constitutionally legitimate policy decision — the Scottish Parliament's power to set a variable rate. The unintended consequences of deletion (incorrect tax deductions, employer confusion, potential over/under-taxation of Scottish workers) clearly outweigh any regulatory reduction benefit.