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Energy Act 2004

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Changes over time for: Section 30

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Version Superseded: 19/07/2006

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Point in time view as at 01/03/2005. This version of this provision has been superseded. Help about Status

Changes to legislation:

Energy Act 2004, Section 30 is up to date with all changes known to be in force on or before 03 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

30Disregard for tax purposes of provisions recognised by NDAU.K.
This section has no associated Explanatory Notes

(1)This section applies where—

(a)by virtue of a direction under section 3 the NDA acquires the responsibility for securing the cleaning-up of a site falling within subsection (2), or the decommissioning of an installation or facility in or on such a site;

(b)that responsibility includes the financial responsibility under section 21; and

(c)on the coming into force of the direction mentioned in paragraph (a), the NDA recognises in its accounts, in accordance with generally accepted accounting practice, a relevant provision that relates to that responsibility.

(2)A site falls within this subsection if—

(a)at the time the direction mentioned in subsection (1)(a) comes into force there is a nuclear site licence in force in relation to the site; and

(b)the holder of that licence at that time is a BNFL company that is publicly owned.

(3)In computing the profits, gains or losses of the NDA for the purposes of corporation tax, no amount shall be brought into account in connection with the recognition of the relevant provision in the accounts of the NDA.

(4)But subsection (3) shall not affect the amount (if any) to be brought into account in computing the profits, gains or losses of the NDA in connection with an adjustment at a time after the first recognition of the relevant provision in the accounts of the NDA.

(5)In this section—

  • BNFL company” means BNFL or a wholly-owned subsidiary of BNFL;

  • relevant provision” means a provision for liabilities or charges as defined in paragraph 89 of Schedule 4 to the Companies Act 1985.

(6)This section is to be construed as one with the Corporation Tax Acts.

Commencement Information

I1S. 30 in force at 5.10.2004 by S.I. 2004/2575, art. 2(1), Sch. 1

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