Part 2

Plant and machinery allowances
Chapter 13

Provisions affecting mining and oil industries

Oil production sharing contracts

Participator’s expenditure attributable to plant or machinery
170
1
This section applies if—
a
a person (“the relevant 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, and
b
some of the expenditure incurred by the relevant participator to acquire the interest in the contract is attributable to plant or machinery which—
i
is treated by section 168 as owned by the contractor, or
ii
is treated by section 169 or subsection (2) as owned by another person (“the other participator”).
2
The plant or machinery is to be treated for the purposes of this Part as owned by the relevant 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 a later application of this subsection.
3
The person who, until subsection (2) applies, is treated as owning the plant or machinery is to be treated for the purposes of this Part as if he had disposed of it for a consideration equal to the relevant participator’s expenditure attributable to it.
4
The relevant participator is to be treated for the purposes of this Part as if—
a
he had incurred capital expenditure of an amount given by subsection (5), and
b
he owned the plant or machinery (in accordance with subsection (2)) as a result of having incurred that expenditure.
5
The amount of that expenditure is—
a
the amount of the relevant participator’s expenditure attributable to the plant or machinery, or
b
if less, the disposal value to be brought into account by the contractor or the other participator as a result of subsection (3).
6
The expenditure attributable to plant or machinery for the purposes of this section is to be determined having regard to what is just and reasonable in the circumstances.
Pt. 2 modified (24.2.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 10 para. 12 (with Sch. 10 para. 17(1)); S.I. 2003/120, art. 2, Sch. (with arts. 3 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)
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
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
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
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
Pt. 2 modified (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 13 para. 19
Pt. 2 modified (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 13 para. 35
Pt. 2 modified (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 13 paras. 36, 37
Pt. 2 modified (21.7.2009) by Finance Act 2009 (c. 10), s. 24
Pt. 2 modified (17.7.2013) by Finance Act 2013 (c. 29), s. 73(7)-(11) (with s. 73(6))
Pt. 2 modified (10.6.2021) by Finance Act 2021 (c. 26), s. 9(1)(a)