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Electricity (Class Exemptions from the Requirement for a Licence) Order (Northern Ireland) 1999

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Interpretation

2.—(1) In this Order—

“the Order” means the Electricity (Northern Ireland) Order 1992;

“ordinary share capital” has the same meaning as in section 832(1) of the Income and Corporation Taxes Act 1988(1);

“parent undertaking” shall be construed in accordance with Article 266 of the Companies (Northern Ireland) Order 1986(2).

(2) For the purposes of this Order—

(a)one body corporate shall be treated as associated with another if—

(i)one of them is a subsidiary of the other; or

(ii)both of them are subsidiaries of the same holding company; and

“holding company” and “subsidiary” shall have the same meaning as in Article 4(3) of the Companies (Northern Ireland) Order 1986;

(b)one body corporate shall be treated as related to another if—

(i)one of them is a 75 per cent subsidiary of the other; or

(ii)both of them are 75 per cent subsidiaries of a third body corporate,

and “75 per cent subsidiary” shall be construed in accordance with section 838 of the Income and Corporation Taxes Act 1988;

(c)one body corporate shall be treated as connected to another if—

(i)50 per cent or more of the ordinary share capital of one of them is owned directly or indirectly by the other; or

(ii)50 per cent or more of the ordinary share capital of each of them is owned directly or indirectly by a third body corporate,

and for the purpose of determining whether 50 per cent or more of the ordinary share capital of a body corporate is owned directly or indirectly by another body corporate the provisions of subsections (2) to (10) of section 838 of the Income and Corporation Taxes Act 1988 shall apply in relation to this sub-paragraph as they apply in relation to subsection (1) of that section;

(d)a person shall be treated as generating electricity at any time if he is the operator of plant or equipment which at that time—

(i)is generating or capable of generating electricity; or

(ii)is not capable of generating electricity only by reason of the repair or testing of the plant or equipment.

(2)

S.I. 1986/1032 (N.I. 6); Article 266 was inserted, in place of an existing Article of that number, by Article 23(1) of the Companies (Northern Ireland) Order 1990, S.I. 1990/593 (N.I. 5)

(3)

Article 4 was substituted by Article 62(1) of the Companies (No. 2) (Northern Ireland) Order 1990, S.I. 1990/1504 (N.I. 10)

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