Modifications etc. (not altering text)

C1 S. 45H(2) modified (with effect in accordance with s. 167 of the amending Act) by Finance Act 2003 (c. 14) , Sch. 30 para. 7

Part 2U.K. Plant and machinery allowances

Modifications etc. (not altering text)

C3 Pt. 2 restricted (5.10.2004) by Energy Act 2004 (c. 20) , s. 198(2) , Sch. 9 paras. 10, 22 (with s. 38(2) ); S.I. 2004/2575 , art. 2(1) , Sch. 1

C4 Pt. 2 modified (5.10.2004) by Energy Act 2004 (c. 20) , s. 198(2) , Sch. 9 paras. 9(2), 21(2) (with s. 38(2)); S.I. 2004/2575, art. 2(1) , Sch. 1

C5 Pt. 2 restricted (5.10.2004) by Energy Act 2004 (c. 20) , s. 198(2) , Sch. 4 para. 4 ; S.I. 2004/2575 , art. 2(1) , Sch. 1

C6Pt. 2 modified (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 13 para. 19

C7Pt. 2 modified (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 13 para. 35

C8Pt. 2 modified (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 13 paras. 36, 37

C9Pt. 2 modified (21.7.2009) by Finance Act 2009 (c. 10), s. 24

C10Pt. 2 modified (17.7.2013) by Finance Act 2013 (c. 29), s. 73(7)-(11) (with s. 73(6))

Chapter 13U.K. Provisions affecting mining and oil industries

Oil production sharing contractsU.K.

169 Expenditure on plant or machinery incurred by participatorU.K.

(1)This section applies if—

(a)a person (“the participator”) acquires an interest in the contract from—

(i)the contractor, or

(ii)another person who has acquired it (directly or indirectly) from the contractor,

(b)the participator incurs capital expenditure on the provision of plant or machinery,

(c)the plant or machinery is to have an oil-related use under the contract, for the purposes of a trade of oil extraction carried on by the participator,

(d)the amount of the expenditure is commensurate with the value of the participator’s interest under the contract, and

(e)the plant or machinery is transferred to the government or representative in accordance with the contract.

(2)Despite the transfer, the plant or machinery is to be treated for the purposes of this Part as owned by the participator (and not by any other person) until—

(a)it ceases to be owned by the government or representative, or

(b)it ceases to be used, or held for use, by any person under the contract.

This is subject to section 170(2).