Modifications etc. (not altering text)
C1S. 45H(2) modified (with effect in accordance with s. 167 of the amending Act) by Finance Act 2003 (c. 14), Sch. 30 para. 7
Modifications etc. (not altering text)
C2Pt. 3 modified (24.2.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 10 para. 18 (with Sch. 10 para. 21); S.I. 2003/120, art. 2, Sch. (with arts. 3 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)
C3 Pt. 3 modified (5.10.2004) by Energy Act 2004 (c. 20) , s. 198(2) , Sch. 4 para. 5 ; S.I. 2004/2575 , art. 2(1) , Sch. 1
(1)For the purposes of this Part the carrying on of a highway undertaking is to be treated as the carrying on of an undertaking by way of trade; and accordingly references in this Part (except sections 274 and 276) to a trade include a highway undertaking.
(2)For the purposes of this Part a person carrying on a highway undertaking is to be treated as occupying, for the purposes of the undertaking, any road in relation to which it is carried on.
(3)In this Chapter “highway undertaking” has the meaning given in item 6 of Table B in section 274.
(4)In that item and this Chapter “highway concession”, in relation to a road, means—
(a)a right to receive sums from [F1the relevant authority] because the road is or will be used by the general public, or
(b)if the road is a toll road, the right to charge tolls in respect of the road.
[F2(5) In subsection (4) “ the relevant authority ” means—
(a)the Secretary of State,
(b)the Scottish Ministers,
(c)the National Assembly for Wales, or
(d)the Department for Regional Development in Northern Ireland.]
Textual Amendments
F1Words in s. 341(4) substituted (with effect as mentioned in s. 69(2) of the amending Act) by Finance Act 2001 (c. 9), s. 69(1), Sch. 21 para. 6(1)
F2S. 341(5) inserted (with effect as mentioned in s. 69(2) of the amending Act) by Finance Act 2001 (c. 9), s. 69(1), Sch. 21 para. 6(2)