Finance Act 2013

118 Section 117: supplementary

(1) The reference in section 117(2)(b) to a chargeable interest being held for the purposes of the same collective investment scheme includes a reference to a person connected with the scheme being entitled to the interest.

(2) For the purposes of section 117, there is private access between two dwellings if the person entitled to possession of each dwelling is entitled, by reason of a right of way or other interest in land, to have access to that person’s dwelling from the other dwelling, without passing over any part of the building (or any other land) in which a third party has an interest entitling that third party to enter it.

(3) In subsection (2) “third party” means a person other than—

(a) the persons entitled to possession of the dwellings mentioned in subsection (2), and

(b) persons connected with any of them.

(4) The use condition mentioned in section 117(1)(d) is that each of the two dwellings—

(a) is occupied (or usually occupied) by a relevant individual,

(b) is intended to be so occupied (or usually so occupied), or

(c) is not occupied.

(5) In subsection (4) “relevant individual” means—

(a) an individual connected with the company mentioned in section 117(2)(a),

(b) an individual connected with the collective investment scheme mentioned in section 117(2)(b),

(c) an individual who occupies (or is to occupy) the dwelling concerned otherwise than on commercial terms, or

(d) an individual who is employed wholly or partly in connection with the occupation by a person falling within any of paragraphs (a) to (c) of a dwelling in the building, or provides services in connection with such a person’s occupation of a dwelling in the building.

(6) In this section references to the person entitled to possession of a dwelling are to the person entitled to possession of the dwelling by reason of an estate or interest held by that person.