The Ports Act 1991 (Levy on Disposals of Land, etc.) Order 1992

Leases — Supplementary

26.—(1) References to rent in articles 18, 19, 20, 21, 23, and 24 and in paragraph (3) below do not include anything which, though reserved as or held out to be rent, consists of—

(a) the reimbursement of insurance premiums;

(b) service charges which are paid to, or reimburse the recipient for expenses paid or payable to, persons other than members of the chargeable company’s group;

(c) sums representing value added tax on sums payable under or on the grant of the lease; or

(d) sums referable to matters for which the following are levied, that is to say—

(i) ship, passenger or goods dues (within the meaning given by section 57(1)

of the Harbours Act 1964(1)); or

(ii) charges in respect of services rendered for passengers embarking or disembarking at the chargeable company’s harbour or in respect of work performed or services rendered in respect of goods brought into, taken out of or carried through the harbour by ship.

(2) Without prejudice to the generality of other provisions of this Order applying for the purposes of this Order statutory provisions relating to corporation tax on chargeable gains, the provisions of Schedule 3 to the 1979 Act shall, subject to the provisions of this Order, apply for the purposes of section 17 of the 1991 Act and this Order as respects a lease the granting of which constitutes a disposal of relevant land or a relevant interest in land.

(3) Sub-paragraph (2) of paragraph 2 of Schedule 3 to the 1979 Act shall apply for the purposes of section 17 of the 1991 Act and this Order as if, where the property there referred to is property out of which is a lease under which a rent is payable is granted, it did not include a right to any rent payable under the lease.

(4) Any amount of levy which becomes chargeable on a gain accruing by reason of the provisions of sub-paragraph (3) of paragraph 3 of Schedule 3 to the 1979 Act as it applies for the purposes of section 17 of the 1991 Act and this Order shall be payable within the period beginning with the date on which the sum referred to in that sub-paragraph becomes payable and ending with the next following quarter date.

(5) Paragraphs 5 and 7 of that Schedule shall not apply for the purposes of section 17 of the 1991 Act and this Order.

(1)

1964 c. 40.