The Value Added Tax (Buildings and Land) Order 1991

2.  Group 1 (Land) of Schedule 6 to the Value Added Tax Act 1983(1) shall be varied as follows—

(a) in item 1 there shall be inserted after the words “or of any licence to occupy land,” the words “or, in relation to land in Scotland, any personal right to call for or be granted any such interest or right,”;

(b) after paragraph (a) in item 1 there shall be inserted the following paragraph—

“(aa) a supply made pursuant to a developmental tenancy, developmental lease or developmental licence;”;

(c) at the end of paragraph (b) in item 1 there shall be added the following words—

“unless at the time of the grant the grantor grants to the grantee the fee simple of the land over which the right to take game or fish is exercisable”;

(d) the word “and” immediately preceding paragraph (k) in item 1 shall be omitted and, after that paragraph there shall be inserted

“and

(l) the grant of any right, including—

(i) an equitable right,

(ii) a right under an option or right of pre-emption, or

(iii) in relation to land in Scotland, a personal right, within any of paragraphs (a) or (b) to (k) above”;

(e) after Note (6) there shall be inserted the following Note—

“(6A) A tenancy of, lease of or licence to occupy a building or work is treated as becoming a developmental tenancy, developmental lease or developmental licence (as the case may be) when a tenancy of, lease of or licence to occupy a building or work, whose construction, reconstruction, enlargement or extension commenced on or after 1st January 1992, is treated as being supplied to and by the developer under paragraph 6(1) of Schedule 6A to this Act.”.

(1)

1983 c. 55; Group 1 was amended by paragraph 4(1) of Schedule 3 to the Finance Act 1989 (c. 26) and S.I. 1990/ 2553.