[F170LPlant or machinery leased with other assets: separate derived leasesU.K.
(1)This section applies in any case where an agreement or arrangement (the “mixed lease”) at any time relates, or is to relate, or has come to relate, to both—
(a)plant or machinery of any particular description (the “relevant plant or machinery”), and
(b)other assets (whether or not also plant or machinery).
(2)A mixed lease is an “eligible mixed lease” if—
(a)under generally accepted accounting practice, it falls (or would fall) to be treated as a lease, or
(b)the relevant plant or machinery is the subject of a sale and finance leaseback, as defined in section 221, and the mixed lease is or includes the finance lease mentioned in subsection (1)(c) of that section.
(3)In the case of an agreement or arrangement that falls (or would fall) within paragraph (a) of subsection (2) immediately after the commencement of the term of the lease, the condition in that paragraph is to be taken to be met as respects any time in the pre-commencement period.
(4)For the purposes of subsection (3), the “pre-commencement period” is the period that—
(a)begins with the inception of the lease, and
(b)ends with the commencement of the term of the lease.
(5)Where this section applies—
(a)the eligible mixed lease, so far as relating to the relevant plant or machinery, and
(b)the eligible mixed lease, so far as relating to other assets,
shall be treated for the purposes of this Part (other than this section) as if they were separate agreements or arrangements.
(6)Any such notional separate agreement or arrangement is referred to in this Part as a “derived lease”.
(7)Section 70M makes further provision with respect to derived leases of plant or machinery.]
Textual Amendments
F1Pt. 2 Ch. 6A inserted (with effect in accordance with Sch. 8 para. 15 of the amending Act) by Finance Act 2006 (c. 25), Sch. 8 para. 7