SCHEDULES

SCHEDULE 9Taxation provisions relating to nuclear transfer schemes

Part 2Transfers relating to BNFL or the UKAEAetc.

Continuity in relation to derivative contracts

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(1)

This paragraph applies if, in consequence of a transfer to which this Part of this Schedule applies, the transferee replaces a person as a party to a derivative contract.

(2)

F1Part 7 of the Corporation Tax Act 2009 is to have effect in relation to the time when the transfer takes effect and any later time as if—

(a)

the transferee had been a party to the derivative contract at the time when the transferor became a party to it and at all times since that time; and

(b)

the derivative contract to which the transferee is a party after the time when the transfer takes effect is the same derivative contract as that to which, by virtue of paragraph (a), it is treated as having been a party before that time.

(3)

Expressions used in this paragraph and in F2Part 7 of the Corporation Tax Act 2009 have the same meanings in this paragraph as in F3that Part.