Modifications etc. (not altering text)
C1S. 45H(2) modified (with effect in accordance with s. 167 of the amending Act) by Finance Act 2003 (c. 14), Sch. 30 para. 7
Modifications etc. (not altering text)
C2Pt. 3 modified (24.2.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 10 para. 18 (with Sch. 10 para. 21); S.I. 2003/120, art. 2, Sch. (with arts. 3 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)
C3 Pt. 3 modified (5.10.2004) by Energy Act 2004 (c. 20) , s. 198(2) , Sch. 4 para. 5 ; S.I. 2004/2575 , art. 2(1) , Sch. 1
(1)A building is not in use for the purposes of a qualifying trade if it is in use as, or as part of, or for any purpose ancillary to the purposes of—
(a)a dwelling-house;
(b)a retail shop, or premises of a similar character where a retail trade or business (including repair work) is carried on;
(c)a showroom;
(d)a hotel;
(e)an office.
(2)Subsection (3) is about buildings constructed for occupation by, or for the welfare of persons employed—
(a)on, or in connection with, working land outside the United Kingdom which is used as described in item 5 of Table A in section 274 (foreign plantations), or
(b)at, or in connection with, working a source of mineral deposits as defined in item 7 of Table A (mineral extraction).
(3)Subsection (1) does not apply to a building which this subsection is about if the building—
(a)is likely to be of little or no value to the person carrying on the trade when the land or source is no longer worked, or
(b)will cease to be owned by that person on the ending of a foreign concession under which the land or source is worked.
(4)“Foreign concession” means a right or privilege granted by the government of, or any municipality or other authority in, a territory outside the United Kingdom.
(5)Subsection (1) is subject to section 283 (non-industrial part of building disregarded).