Modifications etc. (not altering text)
C1 S. 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. 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. 3 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)
C3 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 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
C6 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
C7 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
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
(1)This section applies in any case where the following conditions are met—
(a)a person (the “old lessor”) is lessor of plant or machinery under a plant or machinery lease (the “old lease”),
(b)during the term of the lease, the old lessor transfers the plant or machinery to another person (the “new lessor”),
(c)the transfer is not the grant of a plant or machinery lease by the old lessor,
(d)immediately after the transfer, the new lessor is the lessor of the plant or machinery under a lease (“the new lease”) (whether or not the same lease as the old lease).
(2)If it is not otherwise the case,—
(a)the old lessor is to be treated as if the old lease terminated immediately before the transfer, and
(b)the new lessor is to be treated as if the new lease had been entered into immediately after the transfer.
(3)The new lessor is also to be treated as if the date of the transfer were the date of both—
(a)the inception of the new lease, and
(b)the commencement of the term of the new lease,
if it is not otherwise the case.
(4)If, immediately before the transfer, the old lease was (or was treated by virtue of this subsection as being) in the case of the old lessor a lease of either of the following descriptions—
(a)a long funding lease, or
(b)a lease which is not a long funding lease,
the new lease is to be treated in the case of the new lessor as being a lease of the same description, if the conditions in subsection (5) are met.
(5)The conditions are that—
(a)the term of the new lease is the unexpired portion of the term of the old lease, and
(b)the amounts receivable under the new lease are the same as would have been receivable under the old lease, assuming it to have continued in effect.
(6)If—
(a)it is not otherwise the case, and
(b)the conditions in subsection (5) are met,
the lessee is to be treated as if the old lease and the new lease were the same continuing lease.
(7)Any reference in this section to a transfer of plant or machinery by a person includes a reference to—
(a)any kind of disposal of, or of the person's interest in, the plant or machinery,
(b)any arrangements under which the person's interest in the plant or machinery is terminated and another person becomes lessor of the plant or machinery,
(c)in a case where the plant or machinery is a fixture and the person is treated under section 176 as the owner, any cessation of ownership under section 188, 190, 191, 192 or 192A.]