SCHEDULES
SCHEDULE 7Contaminated and derelict land
Part 1Amendments of Part 14 of CTA 2009
14
1
Section 1163 (no relief if company responsible for contamination) is amended as follows.
2
The existing provision becomes subsection (1) of that section.
3
In that subsection—
a
after “1161” insert “
or 1162
”
, and
b
for “state if the land is in that” substitute “
or derelict state if the land is in a contaminated or derelict
”
.
4
After that subsection insert—
2
A company is not entitled to relief under this Chapter in respect of expenditure on land all or part of which is in a contaminated or derelict state if—
a
the land is in that state wholly or partly as a result of any thing done, or omitted to be done, by a person not within subsection (1), and
b
that person, or a person connected with that person, has a relevant interest in the land.
3
For the purposes of subsection (2) a person has a relevant interest in land if—
a
the person holds any interest in, right over or licence to occupy the land (including an option to acquire any such interest, right or licence in any circumstances), or
b
has disposed of any estate or interest in the land for a consideration that to any extent reflects the impact, or likely impact, on the value of the land of the remediation of its contamination or dereliction.
5
In the heading, insert at the end “or dereliction or polluter has interest”.