5

In article 5(1)—

a

the word “or” after sub-paragraph (b) shall be omitted;

b

for “, but does not apply to any motor car to which article 6 below applies.” there shall be substituted—

  • ; or

    1. a

      which was transferred to a taxable person as an asset of a business or part of a business in the course of the transfer of that business or part of a business as a going concern—

      1. i

        in circumstances where the transfer was treated as neither a supply of goods nor a supply of services by virtue of an Order made or having effect as if made under section 5(3) of the Act;

      2. ii

        in the hands of the transferor or any predecessor of his the motor car was one to which this article applied by virtue of sub-paragraph (a), (b) or (c) above; and

      3. iii

        the motor car has not been treated as supplied by virtue of this article to and by the transferor or any of his predecessors.