96Ships in respect of which charge may be deferred
In Chapter II of Part II of the [1990 c. 1.] Capital Allowances Act 1990 (ships), after the section inserted by section 95 above there shall be inserted the following sections—
“33DExpenditure to which deferments attributed
(1)Subject to the following provisions of this section, expenditure is expenditure on new shipping for the purposes of sections 33A to 33C in so far as it is both—
(a)capital expenditure incurred on the provision, wholly and exclusively for the purposes of the shipowner’s actual trade, of a ship which it appears—
(i)will be brought into use for the purposes of that trade as a qualifying ship, and
(ii)will continue to be a qualifying ship throughout a period of at least three years after that; and
(b)expenditure falling, by virtue of section 31(2), to be taken into account for the purposes of sections 24, 25 and 26, in determining qualifying expenditure, as an amount of expenditure incurred by the shipowner wholly and exclusively for the purposes of a single ship trade.
(2)Expenditure on the provision of a ship shall not be, and shall be deemed never to have been, expenditure on new shipping if the ship—
(a)is brought into use for the purposes of any trade of the shipowner or (without having been so brought into use) for the purposes of any trade of a person connected with him;
(b)there is a time after it is first so brought into use when that ship is not a qualifying ship; and
(c)that time is before whichever is the earlier of—
(i)the end of the period of three years beginning with the time when it is first so brought into use, and
(ii)the first occasion after the beginning of that period when neither the shipowner nor any person connected with him is a person to whom the ship belongs.
(3)Where—
(a)a notice under section 33(1) or (4) has the effect, in relation to any expenditure which satisfies the conditions in subsection (1)(a) and (b) above, of requiring any of that expenditure to be attributed for the purposes of sections 24, 25 and 26 to a trade which is not a single ship trade, or
(b)section 42 has effect with respect to expenditure on the provision of a ship in a case where the expenditure would have fallen to be taken into account as mentioned in subsection (1)(b) above if the ship had not been leased as mentioned in section 42(1),
the expenditure which falls to be so attributed or, as the case may be, with respect to which section 42 has effect shall not be, and shall be deemed never to have been, expenditure on new shipping.
(4)Expenditure on the provision of a ship is not expenditure on new shipping if—
(a)the ship had already belonged to the shipowner at some time in the period of six years ending with the time when it first belongs to him in consequence of his incurring that expenditure;
(b)the ship has at any time in that period belonged to a person who has, at a material time, been a person connected with the shipowner; or
(c)the main object, or one of the main objects, of—
(i)the transaction by which the ship was provided for the purposes of the shipowner’s actual trade,
(ii)any series of transactions of which that transaction was one, or
(iii)any transaction in such a series,
was to secure the deferment of a charge under section 33A.
(5)In subsection (4)(b) above “a material time”, in relation to any expenditure, means the time when the expenditure is incurred or any earlier time in the period of six years which is applicable in the case in question for the purposes of section 33A(3)(b).
(6)An addition made under section 33A to the shipowner’s qualifying expenditure for any period shall not for the purposes of that section or section 33C be attributed to the whole or any part of any expenditure on new shipping if there is other expenditure incurred by the shipowner which—
(a)was incurred before that expenditure in the period of six years which is applicable, in the case of that addition, for the purposes of section 33A(3)(b), and
(b)is expenditure on new shipping or would fall to be treated as such expenditure but for any notice under section 33(1) or (4),
unless the whole amount of the other expenditure has been used for the purposes of attributions made in the case of that addition and of any other additions made under section 33A in respect of events occurring before the beginning of that period of six years.
(7)Notwithstanding any changes in the persons engaged in carrying on any trade previously carried on by the shipowner, expenditure shall be treated for the purposes of this Chapter as incurred by the shipowner if—
(a)it is incurred by the persons for the time being carrying on that trade, and
(b)the only changes in the persons so engaged, between the time when the trade was carried on by the shipowner and the time when the expenditure is incurred, are changes in respect of which that trade is to be treated by virtue of section 113(2) or 343(2) of the principal Act (continuity of trade) as not having been discontinued.
(8)For the purposes of this section a person is connected with the shipowner at any time if—
(a)at that time he is, within the terms of section 839 of the principal Act, connected either with the shipowner or with a person who is connected with the shipowner by virtue of paragraph (b) below, or
(b)any expenditure incurred by him at that time would fall, by virtue of subsection (7) above, to be treated as expenditure incurred by the shipowner.
33EQualifying ships
(1)Subject to the following provisions of this section, a ship is a qualifying ship for the purposes of sections 33A to 33D if it is a ship of a sea-going kind and is registered, in any register of shipping established and maintained under the law of the United Kingdom or of any other country or territory, as a ship with a gross tonnage of or in excess of 100 tons.
(2)In any case where the event mentioned in section 33A(1)(b) consists in or results from either—
(a)the total loss of the old ship, or
(b)damage to the old ship that puts it in a condition in which it is impossible, or not commercially worthwhile, for the repair required for restoring it to its previous use to be undertaken,
the references to a qualifying ship in section 33A(1)(d) and section 33D(1) and (2) shall have effect as if in subsection (1) above the words “as a ship with a gross tonnage of or in excess of 100 tons” were omitted.
(3)A ship is not a qualifying ship if the primary use to which ships of the same kind as that ship are put by the persons to whom they belong or, where their use is made available to others, by those others is use for sport or recreation.
(4)A ship is not a qualifying ship at any time when—
(a)it is an offshore installation for the purposes of the [1971 c. 61.] Mineral Workings (Offshore Installations) Act 1971; or
(b)it would be such an installation if the activity for the carrying on of which it is or is to be established or maintained were carried on in or under controlled waters (within the meaning of that Act).
(5)Where, in the case of any ship which has been brought into use for the purposes of a trade of the shipowner or a person connected with him but was not so brought into use before 20th July 1994—
(a)there is a time in the qualifying period when the ship is not registered in a relevant register, and
(b)that time is more than three months after that period began,
the ship shall not, in relation to times after the time mentioned in paragraph (a) above, be a qualifying ship.
(6)In subsection (5) above “the qualifying period” means the period between—
(a)the time when the ship is first brought into use for the purposes of any trade of the shipowner or (without having been so brought into use) for the purposes of any trade of a person connected with him; and
(b)whichever is the earlier of—
(i)the end of the period of three years beginning with that time, and
(ii)the first occasion after that time when neither the shipowner nor any person connected with him is a person to whom the ship belongs.
(7)In subsection (5) above “relevant register”, in relation to any ship, means any register of shipping established and maintained under the law of any part of the British Islands or of any country or territory which, at a time in the period which in the case of that ship is the qualifying period for the purposes of that subsection, is a member State, another State within the European Economic Area or a colony.
(8)References in subsections (5) and (6) above to a person connected with the shipowner shall be construed in accordance with section 33D(8) but shall have effect in relation to the old ship as if a trade carried on at any time by any person were carried on at that time by a person so connected wherever—
(a)it was subsequently carried on by the shipowner or a person connected with him; and
(b)it underwent, between that time and the time when it was carried on by the shipowner or a person connected with him, only such changes in the persons engaged in carrying it on as are changes in respect of which it is to be treated by virtue of section 113(2) or 343(2) of the principal Act as not having been discontinued.”