Finance Act 1997

Existing schemes and new schemes E+W+S+N.I.

27 (1) For the purposes of this Schedule, a lease of an asset— E+W+S+N.I.

(a) forms part of an existing scheme if, and only if, the conditions in sub-paragraph (2) or (3) below are satisfied; and

(b) in any other case, forms part of a new scheme.

(2) The conditions in this sub-paragraph are that—

(a) a contract in writing for the lease of the asset has been made before 26th November 1996;

(b) either—

(i) the contract is unconditional; or

(ii) if the contract is conditional, the conditions have been satisfied before that date; and

(c) no terms remain to be agreed on or after that date.

(3) The conditions in this sub-paragraph are that—

(a) a contract in writing for the lease of the asset has been made before 26th November 1996;

(b) the condition in paragraph (b) or (c) of sub-paragraph (2) above is not satisfied in the case of the contract;

(c) either the contract is unconditional or, if it is conditional, the conditions are satisfied before the end of the finalisation period or within such further period as the Commissioners of Inland Revenue may allow in the particular case;

(d) no terms remain to be agreed after the end of the finalisation period or such further period as the Commissioners of Inland Revenue may allow in the particular case; and

(e) the contract in its final form is not materially different from the contract as it stood when it was made as mentioned in paragraph (a) above.

(4) In sub-paragraph (3) above, “the finalisation period” means the period which ends with the later of—

(a) 31st January 1997;

(b) the expiration of the period of six months next following the day on which the contract was made as mentioned in sub-paragraph (3)(a) above.