C1C7C4C6C5C3Part 2 Plant and machinery allowances
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
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
Pt. 2 modified (5.10.2004) by Energy Act 2004 (c. 20) , s. 198(2) , Sch. 9 para. 21(2) (with s. 38(2) ); S.I. 2004/2575 , art. 2(1) , Sch. 1
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
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
F1Chapter 6AInterpretation of provisions about long funding leases
Pt. 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
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.
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)