Part 2 Plant and machinery allowances

F1Chapter 6AInterpretation of provisions about long funding leases

Excluded leases of background plant or machinery for a building

70RExcluded leases of background plant or machinery for a building

(1)

Construe references to an excluded lease of background plant or machinery for a building in accordance with this section.

(2)

This section applies where—

(a)

plant or machinery is affixed to, or otherwise installed in or on, any land which consists of or includes a building,

(b)

the plant or machinery is background plant or machinery for the building (see subsections (4) and (5)),

(c)

the plant or machinery is leased with the land under a mixed lease, and

(d)

none of the disqualifications set out in section 70S applies.

(3)

In any such case, the derived lease of the plant or machinery is an excluded lease of background plant or machinery for a building.

(4)

The background plant or machinery for a building is any plant or machinery—

(a)

which is of such a description that plant or machinery of that description might reasonably be expected to be installed in, or in or on the sites of, a variety of buildings of different descriptions, and

(b)

whose sole or main purpose is to contribute to the functionality of the building or its site as an environment within which activities can be carried on.

(5)

Subsection (4) has effect subject to the provisions of any order under section 70T.

70SThe disqualifications

(1)

This section sets out the disqualifications mentioned in subsection (2)(d) of section 70R and is to be construed as one with that section.

(2)

Disqualification A is that the amounts payable—

(a)

under the mixed lease, or

(b)

under any other arrangement,

vary, or may be varied, by reference to the value from time to time to the lessor of allowances under this Act in respect of expenditure incurred by him in the provision of the background plant or machinery for the building.

(3)

Disqualification B is that the main purpose, or one of the main purposes, of entering into—

(a)

the mixed lease,

(b)

a series of transactions of which the mixed lease is one, or

(c)

any of the transactions in such a series,

is to secure that allowances under this Act are available to the lessor in respect of expenditure incurred in the provision of background plant or machinery for a building.

70TOrders relating to background plant or machinery for a building

(1)

This section supplements section 70R and is to be construed as one with it.

(2)

The Treasury may by order prescribe—

(a)

descriptions of plant or machinery to be used as examples of the kinds of plant or machinery that may be regarded as falling within the definition of background plant or machinery for a building in determining whether any particular plant or machinery does or does not fall within that definition;

(b)

descriptions of plant or machinery to be deemed to be background plant or machinery for a building;

(c)

descriptions of plant or machinery to be deemed not to be background plant or machinery for a building.

(3)

An order under this section—

(a)

may make different provision for different cases (including different descriptions of building),

(b)

may contain incidental, consequential, supplemental, or transitional provision or savings.

(4)

The first order made under this section may include provisions having effect in relation to times before the making of the order (but not times earlier than 1st April 2006).