SCHEDULES

SCHEDULE 22 U.K. REMEDIATION OF CONTAMINATED LAND

Part 5 U.K. SUPPLEMENTARY PROVISIONS

Interpretation U.K.

31 (1) In this Schedule—

• “harm” means—

  (a)

  harm to the health of living organisms,

  (b)

  interference with the ecological systems of which any living organisms form part,

  (c)

  offence to the senses of human beings, or

  (d)

  damage to property;

• “the Inland Revenue” means any officer of the Board;

• F1 ...

• “land” means any estate, interest or rights in or over land;

• F1 ...

• “national insurance contributions” means contributions under Part 1 of the Social Security Contributions and Benefits Act 1992 (c. 4) or Part 1 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7);

• “pollution of controlled waters” means the entry into controlled waters of any poisonous, noxious or polluting matter or any solid waste matter;

• “qualifying loss” has the meaning given in paragraph 24;

• “qualifying land remediation loss” has the meaning given in paragraph 14;

• “Schedule A loss” has the meaning given by section 392A of the Taxes Act 1988; and

• “substance” means any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour.

(2) In this Schedule “controlled waters”—

(a) in relation to England and Wales, has the same meaning as in Part 3 of the Water Resources Act 1991 (c. 57);

(b) in relation to Scotland, has the same meaning as in section 30A of the Control of Pollution Act 1974 (c. 40);

(c) in relation to Northern Ireland, means water in waterways and underground strata (as defined in Article 2(2) of the Water (Northern Ireland) Order 1999 (S.I. 1999/662 (N.I. 6)) ).

(3) For the purposes of this Schedule, a person has a relevant connection to a company in a case where the company’s land is in a contaminated state wholly or partly as a result of any thing done or omitted to be done by the person if—

(a) he is or was connected to the company when any such thing is or was done, or omitted to be done, by him,

(b) he is or was connected to the company at the time when the land in question is or was acquired by the company, or

(c) he is or was connected to the company at any time when relevant land remediation is or was undertaken by the company (whether directly or on its behalf).

(4) Section 839 of the Taxes Act 1988 (connected persons) applies for the purposes of this Schedule.

Textual Amendments

F1 Words in Sch. 22 para. 31(1) repealed (with effect in accordance with Sch. 10 para. 17(2) of the amending Act) by Finance Act 2007 (c. 11), Sch. 10 para. 14(9), Sch. 27 Pt. 2(10)