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PART III |
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TRANSITIONAL PROVISIONS |
| 46. - (1) For the purposes of this paragraph- |
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(a) references to a company which was a member of an old group are references to it being, immediately before the time when the main amendments have effect in accordance with the preceding provisions of this Schedule, a member of a group for the purposes of section 170 of the Taxation of Chargeable Gains Act 1992 (as it stood before the main amendments), and |
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(b) references to a company which is a member of a new group are references to it being, immediately after that time, a member of a group for the purposes of that section (as amended by the main amendments). |
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(2) Where the same two or more companies were members of an old group and are members of a new group, those groups shall be regarded as the same group for the purposes of the provisions amended by this Schedule in relation to which the main amendments have effect. |
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(3) Sub-paragraph (2) above applies irrespective of whether the new group includes companies which were not members of the old group. |
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(4) Sub-paragraph (5) below applies in relation to a company which- |
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(a) was a member of an old group, but |
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(b) is not a member of a new group by reason only that- |
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(i) the principal company of the old group is not the principal company of the new group, and
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(ii) the company in question is not an effective 51 per cent subsidiary of the principal company of the new group.
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(5) For the purposes of the provisions amended by this Schedule in relation to which the main amendments have effect, section 170(3)(b) of the Taxation of Chargeable Gains Act 1992 shall not apply in relation to the company for so long as it remains an effective 51 per cent subsidiary of the company which was the principal company of the old group. |
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(6) Expressions used in this paragraph and in section 170 of the Taxation of Chargeable Gains Act 1992 shall be construed for the purposes of this paragraph in accordance with that section. |