C2

C1C7C4C6C5C3Part 2 Plant and machinery allowances

Annotations:
Modifications etc. (not altering text)
C1

Pt. 2 modified (24.2.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 10 para. 12 (with Sch. 10 para. 17(1)); S.I. 2003/120, art. 2, Sch. (with arts. 34) (as amended (20.2.2003) by S.I. 2003/333, art. 14)

C7

Pt. 2 restricted (5.10.2004) by Energy Act 2004 (c. 20) , s. 198(2) , Sch. 9 paras. 10, 22 (with s. 38(2) ); S.I. 2004/2575 , art. 2(1) , Sch. 1

C4

Pt. 2 modified (5.10.2004) by Energy Act 2004 (c. 20) , s. 198(2) , Sch. 9 paras. 9(2), 21(2) (with s. 38(2)); S.I. 2004/2575, art. 2(1) , Sch. 1

C5

Pt. 2 restricted (5.10.2004) by Energy Act 2004 (c. 20) , s. 198(2) , Sch. 9 para. 10 (with s. 38(2) ); S.I. 2004/2575 , art. 2(1) , Sch. 1

C3

Pt. 2 restricted (5.10.2004) by Energy Act 2004 (c. 20) , s. 198(2) , Sch. 4 para. 4 ; S.I. 2004/2575 , art. 2(1) , Sch. 1

Chapter 14 Fixtures

Introduction

174 Meaning of “equipment lease” and “lease”

1

In this Chapter “equipment lease” means—

a

an agreement entered into in the circumstances given in subsection (2), or

b

a lease entered into under or as a result of such an agreement.

2

The circumstances are that—

a

a person incurs capital expenditure on the provision of plant or machinery for leasing,

b

an agreement is entered into for the lease, directly or indirectly from that person, of the plant or machinery to another person,

c

the plant or machinery becomes a fixture, and

d

the agreement is not an agreement for the plant or machinery to be leased as part of the relevant land.

3

In this Chapter—

  • equipment lessor” means the person from whom (directly or indirectly) the equipment lease provides for the plant or machinery to be leased, and

  • equipment lessee” means the person to whom the equipment lease provides for the plant or machinery to be leased.

4

Except in the context of leasing plant or machinery, any reference in this Chapter to a lease is to—

a

any leasehold estate in or, in Scotland, lease of, the land (whether in the nature of a head-lease, sub-lease or under-lease), or

b

any agreement to acquire such an estate or, in Scotland, lease;

and, in relation to such an agreement, “grant” is to be read accordingly.