Income and Corporation Taxes Act 1988

312 Interpretation of Chapter III. U.K.

(1) M1 In this Chapter—

• “associate” has the meaning given in subsections (3) and (4) of section 417 except that in those subsections “relative” shall not include a brother or sister;

• “appraisal licence” means an appraisal licence incorporating the model clauses set out in Schedule 4 to the 1984 Regulations or a Northern Ireland licence granted for the five year renewal term and includes in either case any modified appraisal licence;

• “control”, except in sections 291(7), 308(2) and 309(6)(a), shall be construed in accordance with section 416(2) to (6);

• “debenture” has the meaning given by section 744 of the M2 Companies Act 1985;

• “development licence” means a development licence incorporating the model clauses set out in Schedule 5 to the 1984 Regulations or a Northern Ireland licence granted for the 30 year renewal term and includes in either case any modified development licence;

• “director” shall be construed in accordance with section 417(5);

• “exploration licence” means an exploration licence incorporating the model clauses set out in Schedule 3 to the 1984 Regulations or a Northern Ireland licence granted for the initial term and includes in either case any modified exploration licence;

• “fixed-rate preference share capital” means share capital consisting of shares which—

  (a)

  are issued for consideration which is or includes new consideration; and

  (b)

  do not carry any right either to conversion into shares or securities of any other description or to the acquisition of any additional shares or securities; and

  (c)

  do not carry any right to dividends other than dividends which—

  (i)

  are of a fixed amount or at a fixed rate per cent. of the nominal value of the shares, and

  (ii)

  represent no more than a reasonable commercial return on the new consideration received by the company in respect of the issue of the shares; and

  (d)

  on repayment do not carry any rights to an amount exceeding that new consideration except in so far as those rights are reasonably comparable with those general for fixed dividend shares listed in the Official List of the Stock Exchange;

• “modified appraisal licence”, “modified development licence” and “modified exploration licence” mean, respectively, any appraisal licence, development licence or exploration licence in which any of the relevant model clauses have been modified or excluded by the Secretary of State or in Northern Ireland the Department of Economic Development;

• “new consideration” has the same meaning as in Part VI;

• “Northern Ireland licence” means a licence granted under the M3 Petroleum (Production) Act (Northern Ireland) 1964 and incorporating the model clauses set out in Schedule 2 to the M4 Petroleum Production (Licences) Regulations (Northern Ireland) 1965, and in relation to such a licence the references above to “the initial term”, “the 30 year renewal term” and “the five year renewal term” shall be construed in accordance with Clause 2 of Schedule 2 to those Regulations;

• “oil” and “oil extraction activities” have the same meanings as they have in Chapter V of Part XII;

• “oil exploration” means searching for oil;

• “ordinary shares” means shares forming part of a company’s ordinary share capital;

• “the relevant period” has the meaning given in section 289(12);

• “research and development” means any activity which is intended to result in a patentable invention (within the meaning of the M5 Patents Act 1977) or in a computer program;

• “the relief” and “relief”, except where the reference is to relief under Chapter II of Part IV of the Finance Act 1981, means relief under section 289 (and includes relief under Schedule 5 to the Finance Act 1983), and references to the amount of the relief shall be construed in accordance with section 289(5); and

• “unquoted company” means a company none of whose shares, stocks or debentures are listed in the Official List of the Stock Exchange or dealt in on the Unlisted Securities Market;

and “the 1984 Regulations” means the M6 Petroleum (Production) (Landward Areas) Regulations 1984.

(2) M7 Section 839 applies for the purposes of this Chapter other than section 291.

(3) References in this Chapter to a disposal of shares include references to a disposal of an interest or right in or over the shares and an individual shall be treated for the purposes of this Chapter as disposing of any shares which he is treated by virtue of section [F1 136(1) of the 1992 Act] as exchanging for other shares.

(4) References in this Chapter to the reduction of any amount include references to its reduction to nil.

(5) M8 For the purposes of this Chapter—

(a) in relation to shares issued after 18th March 1986, the market value at any time of any asset shall be taken to be the price which it might reasonably be expected to fetch on a sale at that time in the open market free from any interest or right which exists by way of security in or over it;

(b) in relation to shares issued before 19th March 1986, “market value” shall be construed in accordance with section [F1 272 of the 1992 Act].

(6) References in this Chapter to relief given to an individual in respect of eligible shares, and to the withdrawal of such relief, include respectively references to relief given to him in respect of those shares at any time after he has disposed of them and references to the withdrawal of such relief at any such time.

(7) In relation to any case falling within section 289(1)(d), any reference in that section to any licence being held by, or granted to, any person shall be read as including a reference to such a licence being held by, or (as the case may be) granted to, that person together with one or more other persons.

(8) The Treasury may by order amend any of the definitions set out in subsection (1) above which relate to licences under the M9 Petroleum (Production) Act 1934 or the M10 Petroleum (Production) Act (Northern Ireland) 1964.

Textual Amendments

F1 Words in s. 312(3)(5)(b) substituted (6.3.1992 with effect as mentioned in s. 289(1)(2) of the amending Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289, 290, Sch. 10 para. 14(18) (with ss. 60, 101(1), 171, 201(3)).

Marginal Citations

M1 Source-1981 s.67; 1983 Sch.5 20(1), (2); 1985 s.44(6); 1986 Sch.9 21(1), (2)

M2 1985 c. 6.

M3 1964 c. 28 (N.I.).

M4 S.R.& O.(N.I.) 1965 No.47.

M5 1977 c. 37.

M6 S.I. 1984/1832.

M7 Source-1981 s.67(2)-(4); 1983 Sch.5 20(1)

M8 Source-1983 Sch.5 20(3)-(6); 1986 Sch.9 21(3)

M9 1934 c. 36.

M10 1964 c. 28 (N.I.).