2(1)Sub-paragraph (2) below applies where a person makes a disposal of an asset acquired by him on or after 6th April 1988 in circumstances in which section F1... 171 applied.U.K.
(2)Where this sub-paragraph applies—
(a)an election under section 35(5) by the person making the disposal shall not cover the disposal, but
(b)the making of such an election by the person from whom the asset was acquired shall cause the disposal to fall outside subsection (3) of that section (so that subsection (2) of that section is not excluded by it) whether or not the person making the disposal makes such an election.
(3)Where the person from whom the asset was acquired by the person making the disposal himself acquired it on or after 6th April 1988 in circumstances in which section F2... 171 applied, an election made by him shall not have the effect described in sub-paragraph (2)(b) above but an election made by—
(a)the last person by whom the asset was acquired after 5th April 1988 otherwise than in such circumstances, or
(b)if there is no such person, the person who held the asset on 5th April 1988,
shall have that effect.
Textual Amendments
F1Words in Sch. 3 para. 2(1) omitted (with effect in accordance with Sch. 2 para. 71 of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 2 para. 65(3)
F2Words in Sch. 3 para. 2(3) omitted (with effect in accordance with Sch. 2 para. 71 of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 2 para. 65(3)