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Part IIU.K.INCOME TAX, CORPORATION TAX AND CAPITAL GAINS TAX

CHAPTER IU.K. GENERAL

Commencement Information

I1Chapter I partly in force at 4.5.1988 due to retrospective effect of s. 74(5)

MiscellaneousU.K.

78 Sharing of transmission facilities.U.K.

(1)This section applies to any agreement relating to the sharing of transmission facilities—

(a)to which the parties are national broadcasting companies,

(b)which is entered into on or after the day on which this Act is passed and before 1st January 1992 or such later date as may be specified for the purposes of this paragraph by the Secretary of State, and

(c)in relation to which the Secretary of State has certified that it is expedient that this section should apply.

F1(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Where under an agreement to which this section applies one party to the agreement disposes of [F2plant or machinery] to another party to the agreement, the [F3Capital Allowances Act] shall apply—

(a)in the case of the party making the disposal, as if the disposal value of the [F2plant or machinery] for the purposes of [F4section 60 of that Act] were equal to the capital expenditure incurred by that party on its provision, and

(b)in the case of the party to whom the disposal is made, as if the amount expended by that party in acquiring the [F2plant or machinery] were equal to the capital expenditure so incurred.

(5)In subsection (4) above, references to [F5plant or machinery] include a share in [F5plant or machinery].

F1(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)In this section, “national broadcasting company means a body corporate engaged in the broadcasting for general reception by means of wireless telegraphy of radio or television services or both on a national basis.

Textual Amendments

F1S. 78(2)(3)(6)(7) repealed (6.3.1992 with effect as mentioned in s. 289(1)(2) of the repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289, 290, Sch. 12 (with s. 201(3), Sch. 11 paras. 20, 22, 26(2), 27)

F2Words in s. 78(4) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, s. 578, Sch. 2 para. 74(1)(b)

F3Words in s. 78(4) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, s. 578, Sch. 2 para. 74(1)(a)

F4Words in s. 78(4) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, s. 578, Sch. 2 para. 74(1)(c)

F5Words in s. 78(5) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, s. 578, Sch. 2 para. 74(2)