SCHEDULES

[F1SCHEDULE 3U.K. PROVISIONS SUPPLEMENTARY TO SECTION 38

Textual Amendments

F1Sch. 3Repealed by Finance Act 1985 (c. 54, SIF 63:1), s. 98(6)and Sch.27 Part Xin relation to disposals of interests in land taking place on or after 19March Finance Act 1985 (c. 54, SIF 63:1),but without affecting the construction of 1979 (C) Sch.5 para. 9(5).

PART IU.K. DEFINITIONS OF CURRENT USE VALUE, MATERIAL DEVELOPMENT, ETC.

Current use value—leases and reversionsU.K.

4(1)The current use value of an interest in land which is eitherU.K.

(a)a freehold interest which is subject to a lease or an agreement for a lease; or

(b)an interest under a lease or agreement for a lease,

shall be ascertained without regard to any premium required under the lease or agreement for a lease or any sublease, or otherwise under the terms subject to which the lease or sublease was or is to be granted, but with regard to all other rights under the lease or prospective lease ( and, for the current use value of an interest under a lease subject to a sublease, under the sublease).

(2)If under the preceding sub-paragraph an interest under a lease or agreement for a lease would have a negative value, the current use value of the interest shall be nil.

(3)If a lease is granted out of any interest in land after 17 th December 1973, then, in computing under this Chapter any gain accruing on any disposal of the reversion on the lease made while the lease subsists, the current use value of the reversion at any time after the grant of the lease shall not exceed what would have been at that time the current use value of the interest in the land of the person then owning the reversion if that interest had not been subject to the lease.

(4)In the application of this paragraph to Scotland, “freehold”means the estate or interest of the proprietor of the dominium utile or, in the case of property other than feudal property, of the owner, and “reversion”means the interest of the landlord in property subject to a lease.]