SCHEDULES

SCHEDULE 10Sale etc of lessor companies etc

Part 4Miscellaneous

Definitions for purposes of Schedule

41

1

This paragraph applies for the purposes of this Schedule.

2

Company” means a body corporate.

3

Excluded lease of background plant or machinery for a building” has the meaning given in Chapter 6A of Part 2 of CAA 2001.

4

“Finance lease”, in the case of any person, means a lease which, under generally accepted accounting practice, falls or (would fall) to be treated as a finance lease or loan in the accounts of that person.

5

“Fixture”—

a

means any plant or machinery that is so installed or otherwise fixed in or to a building or other description of land as to become, in law, part of that building or other land, and

b

includes any boiler or water-filled radiator installed in a building as part of a space or water heating system.

F15A

Long funding finance lease”, “long funding lease” and “long funding operating lease” have the same meaning as in Part 2 of CAA 2001 (see section 70YI of that Act).

6

Plant or machinery” has the same meaning as in Part 2 of CAA 2001.

7

Plant or machinery lease” has the meaning given in Chapter 6A of that Part.

8

The market value of any plant or machinery at any time is to be determined on the assumption of a disposal by an absolute owner free from—

a

all leases (including any agreement or arrangement which is or includes a plant or machinery lease), and

b

other encumbrances.

9

Section 839 of ICTA (connected persons) applies.