PART IV PROVISIONS RELATING TO THE SCHEDULE D CHARGE
C1CHAPTER V COMPUTATIONAL PROVISIONS
Deductions
91AF1 Waste disposal: restoration payments.
1
This section applies where on or after 6th April 1989 a F11company makes a site restoration payment in the course of carrying on a trade.
2
3
Subsection (2) above shall not apply to so much of the payment as—
a
represents expenditure which has been allowed as a deduction in computing the F6profits of the trade for any period of account preceding the period of account in which the payment is made, or
b
represents capital expenditure in respect of which an allowance has been, or may be, made under the enactments relating to capital allowances.
4
For the purposes of this section a site restoration payment is a payment made—
a
in connection with the restoration of a site or part of a site, and
b
in order to comply with any condition of a relevant licence, or any condition imposed on the grant of planning permission to use the site for the carrying out of waste disposal activities, or F2any relevant obligation.
5
For the purposes of this section waste disposal activities are the collection, treatment, conversion and final depositing of waste materials, or any of those activities.
6
For the purposes of this section a relevant icence is—
a
b
a waste management licence under Part II of the Environmental Protection Act 1990 or any corresponding provision for the time being in force in Northern Ireland, F3 or
F7ba
a permit under regulations under section 2 of the Pollution Prevention and Control Act 1999, F10or a permit under regulations under Article 4 of the Environment (Northern Ireland) Order 2002, or
F47
For the purposes of this section a relevant obligation is—
a
an obligation arising under an agreement made under—
i
section 106 of the M6Town and Country Planning Act 1990, as originally enacted;
ii
F5section 75 of the Town and Country Planning (Scotland) Act 1997;
b
a planning obligation entered into under section 106 of the Act of 1990, as substituted by section 12 of the M7Planning and Compensation Act 1991, or under section 299A of the Act of 1990;
c
an obligation arising under or under an agreement made under any provision—
i
corresponding to section 106 of the M6Town and Country Planning Act 1990, as originally enacted or as substituted by the Act of 1991 or to section 299A of the Act of 1990; and
ii
for the time being in force in Northern Ireland.
8
F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
See—1979(C) s.122—election to take capital gain or loss into account when asset appropriated to stock in trade.1989 ss.67-74—employee share ownership trusts.Banking Act 1987 (c.22) s.66—contributions to the Deposit Protection Fund.