The Petroleum and Offshore Gas Storage and Unloading Licensing (Amendment) Regulations 2017

Amendments to the Offshore Gas Storage and Unloading (Licensing) Regulations 2009

3.—(1) The Schedule to the Offshore Gas Storage and Unloading (Licensing) Regulations 2009 (gas storage licences)(1) is amended as follows.

(2) In clause 24—

(a) in paragraph (5), for the text from “subsections (2)” to the end of the paragraph, substitute “for the purposes of this paragraph, whether a person has or had control of the Licensee is to be determined as if sections 450(2) to (4) and 451(1) to (5) of the Corporation Tax Act 2010 apply subject to the modifications specified in paragraph (7).”;

(b) for paragraph (7) substitute—

“(7) The modifications of sections 450(2) to (4) and 451(1) to (5) of the Corporation Tax Act 2010 referred to in paragraph (5) are—

(a) for the words “the greater part” wherever they occur in section 450(3), there are substituted the words “one-third or more”;

(b) in section 451(4) and (5), for the word “may”, there is substituted the word “must”; and

(c) in section 451(4) and (5) any reference to an associate of a person is to be construed as including only—

(i) a relative (as defined in section 448(2) of that Act) of the person;

(ii) a partner of the person; and

(iii) a trustee of a settlement (as defined in section 620 of the Income Tax (Trading and Other Income) Act 2005) of which the person is a beneficiary.”.

(1)

S.I. 2009/2813, amended by S.I. 2016/912; there is another amending instrument which is not relevant to these Regulations.