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

F1Chapter 6AInterpretation of provisions about long funding leases

Annotations:
Amendments (Textual)
F1

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.