C1Part III Landfill Tax
Miscellaneous
62 Taxable disposals: regulations.
1
For the purposes of this Part, regulations may make provision under this section in relation to a disposal which is a taxable disposal (or would be apart from the regulations).
2
The regulations may provide that if particular conditions are fulfilled—
a
the disposal shall be treated as not being a taxable disposal, or
b
the disposal shall, to the extent found in accordance with prescribed rules, be treated as not being a taxable disposal.
3
The regulations may provide that if particular conditions are fulfilled—
a
the disposal shall be treated as made at a time which is found in accordance with prescribed rules and which falls after the time when it would be regarded as made apart from the regulations, or
b
the disposal shall, to the extent found in accordance with prescribed rules, be treated as made at a time which is found in accordance with prescribed rules and which falls after the time when it would be regarded as made apart from the regulations.
4
In finding the time when the disposal would be regarded as made apart from the regulations, section 61(1) above and any direction under section 61(3) above shall be taken into account.
5
The regulations may be framed by reference to—
a
conditions specified in the regulations or by the Commissioners or by an authorised person, or
b
any combination of such conditions;
and the regulations may specify conditions, or allow conditions to be specified, generally or with regard to particular cases.
6
The regulations may make provision under subsections (2)(b) and (3)(b) above in relation to the same disposal.
7
The regulations may only provide that a disposal is to be treated as not being a taxable disposal if or to the extent that—
F1a
the material comprised in the disposal is held temporarily pending one or more of the following—
i
the incineration or recycling of the material, or
ii
the removal of the material for use elsewhere, or
iii
the use of the material, if it is qualifying material within the meaning of section 42(3) above, for the restoration to use of the site at which the disposal takes place, or any part of that site, upon completion of waste disposal operations at the site, or as the case may be, that part of the site, or
iv
the sorting of the material with a view to its removal elsewhere or its eventual disposal, and
b
F2the material in question is held temporarily in an area designated for the purpose by an authorised person.
Pt. III (ss. 39-71 applied (29.4.1996) by 1986 c. 45, Sch. 6 paras. 3B, 8B (as inserted (29.4.1996) by 1996 c. 8, s. 60, Sch. 5 Pt. III para. 12)
Pt. III (ss. 39-71) applied (31.7.1998) by 1998 c. 36, s. 148(4)