PART 2A

STRUCTURES AND BUILDINGS ALLOWANCES
CHAPTER 6

HIGHWAY UNDERTAKINGS

Carrying on of highway undertakings
270FA
1
For the purposes of this Part, the carrying on of a highway undertaking is to be treated as the carrying on of an undertaking by way of trade; and accordingly references in this Part to a trade include a highway undertaking.
2
For the purposes of this Part, a person carrying on a highway undertaking is to be treated as occupying, for the purposes of the undertaking, any road in relation to which it is carried on.
3
In this Chapter “highway undertaking” means so much of any undertaking relating to the design, building, financing and operation of roads as is carried on—
a
for the purposes of, or
b
in connection with,
the exploitation of highway concessions.
4
In this Chapter “highway concession”, in relation to a road, means—
a
a right to receive sums from a public body because the road is or will be used by the general public, or
b
if the road is a toll road, the right to charge tolls in respect of the road.
5
In subsection (4) “public body” means the Crown or any government or public or local authority (whether in the United Kingdom or elsewhere).
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. 2A inserted (5.7.2019) by The Capital Allowances (Structures and Buildings Allowances) Regulations 2019 (S.I. 2019/1087), regs. 1, 2