SCHEDULES

SCHEDULE 22 REMEDIATION OF CONTAMINATED LAND

C1Part 1 DEDUCTION FOR CAPITAL EXPENDITURE

Annotations:
Modifications etc. (not altering text)
C1

Sch. 22 Pt. I applied (11.5.2001) by 1988 c. 1, s. 21A(5) (as inserted (11.5.2001) by 2001 c. 9, s. 70, Sch. 23 para. 1)

4Relevant land remediation

1

For the purposes of this Schedule relevant land remediation, in relation to land acquired by a company, means—

a

activities falling within sub-paragraph (2), and

b

if there are such activities, preparatory activity falling within sub-paragraph (4) which satisfies the condition in sub-paragraph (5).

2

The activities referred to in sub-paragraph (1)(a) are the doing of any works, the carrying out of any operations or the taking of any steps in relation to—

a

the land in question,

b

any controlled waters affected by that land, or

c

any land adjoining or adjacent to that land,

for the purpose described in sub-paragraph (3).

3

The purpose referred to in sub-paragraph (2) is that of—

a

preventing or minimising, or remedying or mitigating the effects of, any harm, or any pollution of controlled waters, by reason of which the land is in a contaminated state; or

b

restoring the land or waters to their former state.

4

The preparatory activity referred to in sub-paragraph (1)(b) is the doing of anything for the purpose of assessing the condition of—

a

the land in question,

b

any controlled waters affected by that land, or

c

any land adjoining or adjacent to that land.

5

Preparatory activity satisfies the condition referred to in sub-paragraph (1)(b) if it is activity connected to such activities falling within sub-paragraph (2) as are undertaken by the company (whether directly or on its behalf).

6

For the purposes of this paragraph, controlled waters are “affected by” land in a contaminated state if, and only if, the land in question is in such a condition, by reason of substances in, on or under the land, that pollution of those waters is being, or is likely to be, caused.