1163No relief if company responsible for contamination [F1or dereliction or polluter has interest]U.K.
[F2(1)]A company is not entitled to relief under section 1161 [F3or 1162] in respect of expenditure on land all or part of which is in a contaminated [F4or derelict state if the land is in a contaminated or derelict] state wholly or partly as a result of any thing done, or omitted to be done, at any time by—
(a)the company, or
(b)a person with a relevant connection to the company (see section 1178).
[F5(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.]
Textual Amendments
F1Words in s. 1163 heading inserted (with effect in accordance with Sch. 7 paras. 27, 28 of the amending Act) by Finance Act 2009 (c. 10), Sch. 7 para. 14(5)
F2S. 1163(1): s. 1163 renumbered as s. 1163(1) (with effect in accordance with Sch. 7 paras. 27, 28 of the amending Act) by Finance Act 2009 (c. 10), Sch. 7 para. 14(2)
F3Words in s. 1163(1) inserted (with effect in accordance with Sch. 7 paras. 27, 28 of the amending Act) by Finance Act 2009 (c. 10), Sch. 7 para. 14(3)(a)
F4Words in s. 1163(1) substituted (with effect in accordance with Sch. 7 paras. 27, 28 of the amending Act) by Finance Act 2009 (c. 10), Sch. 7 para. 14(3)(b)
F5S. 1163(2)(3) inserted (with effect in accordance with Sch. 7 paras. 27, 28 of the amending Act) by Finance Act 2009 (c. 10), Sch. 7 para. 14(4)