Energy Act 2004

Part 6 Supplemental provisions of Schedule

Groups of companies

35 References to a company in the following enactments shall apply to the NDA—

(a) sections 170 to 181 of the 1992 Act;

(b) Part 8 of Schedule 29 to the Finance Act 2002 (c. 23).

Consequential amendment

36 In section 35(3)(d) of the 1992 Act (no gain no loss disposals) after sub-paragraph (xiv) insert—

“(xv) paragraph 3, 18, 29 or 32 of Schedule 9 to the Energy Act 2004.”

Interpretation of Schedule

37 (1) In this Schedule—

• “the 1992 Act” means the Taxation of Chargeable Gains Act 1992 (c. 12);

• “the 2001 Act” means the Capital Allowances Act 2001 (c. 2);

• “exempt activities” has the same meaning as in section 27 of this Act;

• “NDA company” has the same meaning as in section 27 of this Act;

• “the Nuclear Liabilities Investment Portfolio” means property and rights to which BNFL is entitled and which appear to the Board, from BNFL’s published accounts, to represent assets held by BNFL for the purpose of being able to meet costs or liabilities for which the NDA has a financial responsibility under Chapter 1 of Part 1 of this Act;

• “section 39 scheme” means a nuclear transfer scheme authorised by section 39 of this Act;

• “section 40 scheme” means a nuclear transfer scheme authorised by section 40 of this Act;

• “transferee”, in relation to a transfer in accordance with a nuclear transfer scheme, means the person to whom the transfer is made;

• “transferor”, in relation to a transfer in accordance with a nuclear transfer scheme, means the person from whom the transfer is made;

• “the Taxes Act” means the Income and Corporation Taxes Act 1988 (c. 1).

(2) Before determining for the purposes of this Schedule whether an asset was comprised at a particular time in the Nuclear Liabilities Investment Portfolio, the Board must consult the Secretary of State.

(3) So far as it relates to corporation tax this Schedule is to be construed as one with the Corporation Tax Acts.

(4) So far as it relates to capital allowances this Schedule is to be construed as one with the 2001 Act.