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Coal Industry Act 1994
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- 1994 c. 21
- SCHEDULE 4
- Part I
- Leased assets
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- Blanket amendment text amended by S.I. 2011/1043 art. 3 4
- Blanket amendment text amended by S.I. 2011/1043 art. 3 6
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 4A-4C inserted by 2003 c. 37 s. 85(1)
- s. 4A(2) words substituted by 2011 c. 16 s. 115(2)
- s. 4D-4F inserted by 2005 asp 3 s. 30(1)
- s. 4D(2) words substituted by 2011 c. 16 s. 116(2)
- s. 4G inserted by 2011 c. 16 s. 116(1)
- s. 4CA inserted by 2011 c. 16 s. 115(1)
- s. 65A inserted by S.I. 2007/2194 Sch. 4 para. 84(2)
- Sch. 1A inserted by 2003 c. 37 Sch. 5
- Sch. 1B inserted by 2003 c. 37 Sch. 6
- Sch. 1B para. 4 text amended by S.I. 2009/1307 Sch. 1 para. 258
- Sch. 1C inserted by 2005 asp 3 Sch. 4
Commencement Orders yet to be applied to the Coal Industry Act 1994:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
- S.I. 2004/144 art. 2 Sch. commences (1994 c. 21)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/766 art. 2 commences (2002 c. 40)
- S.I. 2003/1397 art. 2 commences (2002 c. 40)
- S.I. 2003/1725 art. 2 commences (2002 c. 9)
- S.I. 2003/2093 art. 2 commences (2002 c. 40)
- S.I. 2004/641 art. 2-5 commences (2003 c. 37)
- S.I. 2005/2714 art. 2-4 commences (2003 c. 37)
- S.I. 2005/3056 art. 2 3 commences (2003 c. 17)
- S.I. 2006/3272 art. 2 Sch. 1-3 commences (2005 c. 19)
- S.S.I. 2003/456 art. 2 commences (2000 asp 5)
- S.S.I. 2005/351 art. 2 commences (2005 asp 3)
Leased assetsE+W+S+N.I.
18(1)For the purposes of section 781 of the 1988 Act (assets leased to traders and others), where the interest of the lessor or the lessee under a lease, or any other interest in an asset, vests in any person by virtue of a relevant transfer—E+W+S+N.I.
(a)the transfer shall be treated as made without any capital sum having been obtained in respect of that interest by the predecessor or the transferee; and
(b)in a case where the interest is an interest under a lease, payments made by the predecessor under the lease before the coming into force of the transfer shall be deemed to have been made under that lease by the transferee.
(2)Section 782 of the 1988 Act (deduction of payment under leases: special cases) shall not apply to any payments made—
(a)under any lease granted for the purposes of the creation in accordance with a restructuring scheme of any leasehold interest, including, where effect has been given without the grant of a lease to the creation of a leasehold interest in accordance with such a scheme, any lease which for those purposes is deemed to have been granted; or
(b)under any lease granted by a person whose ability to grant that lease derives from the transfer to him in accordance with a restructuring scheme of the asset to which the lease relates.
(3)In this paragraph “lease” and “asset” have the meanings given by section 785 of the 1988 Act and references to a leasehold interest are references to any such interest as may subsist under a lease.
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