Finance Act 1986

3 (1) Section 35 of the Act of 1981 (provision for supplementing additional payments) shall be amended as follows.

(2) In paragraph (a) of subsection (1) the words "or is" shall be inserted after the word "is", where it last occurs.

(3) For paragraph (b) of that subsection there shall be substituted the following paragraph—

“(b) the deficiency is, or would be, wholly or mainly attributable to either or both of the following—

(i) excessive expenditure forming part of the expenditure by reference to which those additional payments fall to be calculated;

(ii) in the case of second category profits, the receipt of consideration for the provision of any programme which is less than that which the contractor would have received had the transaction in question been in all respects at arm's length.”

(4) In subsection (4), for the words "the accounting period to which it relates" there shall be substituted the words "the period of six months beginning with the date on which the programme contractor furnishes to the Authority, in accordance with the terms of his contract as a programme contractor, a copy of his audited accounts for the accounting period to which the order relates".

(5) After subsection (2) there shall be inserted the following subsection—

“(2A) In determining, for the purposes of subsection (1) of this section, whether in the case of a programme contractor any consideration received by him for the provision of any programme is less than that which the contractor would have received had the transaction in question been in all respects at arm's length, the Authority or the Secretary of State, as the case may be, shall have regard to such matters as they or he may consider relevant, and in particular to any available information as to—

(a) the consideration received for the provision by the contractor of the programme in other comparable markets;

(b) the consideration received by that or any other programme contractor for the provision of other comparable programmes in the same market.”