SCHEDULES

SCHEDULE 33 Taxation provisions

Part II Public-Private Partnership Agreements

Machinery and plant

12

1

Nothing in—

F1a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

F2section 176(2) or (3) of that Act, or

c

F3sections 67 and 68. of that Act,

shall, by reason only of any provision made by or under a PPP agreement, affect the entitlement of any company to capital allowances in respect of capital expenditure incurred by it.

2

Where, in accordance with any provision made by or under a PPP agreement, any machinery or plant in respect of which a company has been entitled to allowances under F4Part 2 of the Capital Allowances Act 2001 falls to be transferred, on the expiration of the term of the PPP agreement, from the company—

a

to a relevant body, or

b

to such other body or person as a relevant body may specify in accordance with the PPP agreement,

the disposal constituted by that transfer shall be deemed for the purposes of that Part to be for a nil consideration, notwithstanding F5item 7 in the Table in section 61(2) of that Act.