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SCHEDULE 21
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CAPITAL ALLOWANCES: MINOR AMENDMENTS |
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Thermal insulation of industrial buildings |
| | 1. In section 28(2) of the Capital Allowances Act 2001 (expenditure on thermal insulation of industrial buildings), after "ordinary Schedule A business" insert "or an overseas property business".
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Fixtures: purchasers of land and incoming lessees |
| | 2. - (1) In section 181 of that Act (purchaser of land giving consideration for fixture), for subsection (2) substitute-
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"(2) Subsection (1) does not apply, and is to be treated as never having applied, if, immediately after the time of the acquisition, a person has a prior right in relation to the fixture.".
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(2) In section 181(3) of that Act-
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(a) for "subsection (2)(b), the person holding the other interest" substitute "subsection (2), a person"; and |
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(b) for "subsection (2)(a)" substitute "subsection (2)". |
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(3) In section 182 of that Act (purchaser of land discharging obligations of equipment lessee), for subsections (2) and (3) substitute-
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"(2) Subsection (1) does not apply, and is to be treated as never having applied, if, immediately after the time of the acquisition, a person has a prior right in relation to the fixture.
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(3) Section 181(3) (test for whether person has a prior right) applies for the purposes of subsection (2).".
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(4) In section 184 of that Act (incoming lessee where lessor not entitled to allowances), for subsections (2) and (3) substitute-
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"(2) Subsection (1) does not apply, and is to be treated as never having applied, if, immediately after the time when the lease is granted, a person has a prior right in relation to the fixture.
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(3) Section 181(3) (test for whether person has a prior right) applies for the purposes of subsection (2).".
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Meaning of "sale and finance leaseback" |
| | 3. In section 221(1) of that Act (meaning of "sale and finance leaseback"), in paragraph (b)(iii), for "any person" substitute "S or by a person (other than B) who is connected with S".
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Effect of partnership changes |
| | 4. - (1) In section 263 of that Act (effect of partnership changes for the purpose of plant and machinery allowances), in subsection (1), for paragraph (c) substitute-
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"(c) the change does not result in the qualifying activity being treated as permanently discontinued under section 113(1) or 337(1) of ICTA (changes in persons carrying on a trade etc. and effect of company ceasing to trade etc.).". |
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(2) In section 558 of that Act (effect of partnership changes for the purpose of other allowances), in subsection (1), for paragraph (c) substitute-
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"(c) the change does not result in the relevant activity being treated as permanently discontinued under section 113(1) or 337(1) of ICTA (changes in persons carrying on a trade etc. and effect of company ceasing to trade etc.).". |
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Enterprise zones |
| | 5. In section 298(3) of that Act (meaning of "enterprise zone"), after "Secretary of State" insert ", the Scottish Ministers or the National Assembly for Wales,".
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Highway concessions |
| | 6. - (1) In section 341(4) of that Act (meaning of "highway concession") for "the Secretary of State or from the Department for Regional Development in Northern Ireland" substitute "the relevant authority".
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(2) After that subsection add-
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"(5) In subsection (4) "the relevant authority" means-
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(a) the Secretary of State, |
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(b) the Scottish Ministers, |
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(c) the National Assembly for Wales, or |
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(d) the Department for Regional Development in Northern Ireland.". |
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