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The Corporation Tax (Land Remediation Relief) Order 2009

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The Corporation Tax (Land Remediation Relief) Order 2009 List of acts
 Selected UK Acts and Regulations
    Wills and probate
 
Crown Copyright Acknowledged
CONTENTS

Statutory Instruments

2009 No. 2037

Corporation Tax

The Corporation Tax (Land Remediation Relief) Order 2009

Made                                                             21st July 2009

Laid before the House of Commons                  23rd July 2009

Coming into force                                       13th August 2009

1.Citation, commencement and effect

2.Interpretation

3.Land in a contaminated state

4.Relevant contaminated land remediation: specified activity

5.Relevant contaminated land remediation: specified enactments

6.Relevant derelict land remediation: specified purposes

7.Exception from condition that land be in a contaminated state at time of acquisition

Signature

Explanatory Note

 

The Treasury make the following Order in exercise of powers conferred by sections 1145(2), 1145(3), 1146(3A) and (3B), 1146A(3) and (4), 1147(3), (3A) and (3B) and 1149(3), (3A) and (3B) of the Corporation Tax Act 2009(1) and paragraph 27 of Schedule 7 to the Finance Act 2009(2).

Citation, commencement and effect

1.—(1) This Order may be cited as the Corporation Tax (Land Remediation Relief) Order 2009.

(2) This Order shall come into force on 13th August 2009 and shall have effect in relation to expenditure incurred on or after 1st April 2009.

Interpretation

2.  In this Order—

“the Act” means the Corporation Tax Act 2009;

“arsenic” means the element whose chemical symbol is As and whose atomic number is 33;

“arsenical compounds” mean any compound one of whose constituent elements is arsenic;

“Japanese Knotweed” is the plant matter also known as Fallopia japonica, Reynoutria japonica or Polygonum cuspidatum;

“radon” means the element whose chemical symbol is Rn and whose atomic number is 86.

Land in a contaminated state

3.—(1) Section 1145(2) of the Act (land “in a contaminated state”) shall not apply where the following are present in, on or under the land—

(a)arsenic,

(b)arsenical compounds,

(c)Japanese Knotweed, or

(d)radon.

(2) This article is limited so that it has effect only in relation to—

(a)that part of the land where the items listed in paragraph (1) are present, and

(b)expenditure incurred for the purpose of remedying or mitigating the effects of relevant harm caused by the presence of one or more of the listed items.

Relevant contaminated land remediation: specified activity

4.—(1) For the purposes of Condition C in section 1146 of the Act (“relevant contaminated land remediation”), a specified activity is the removal of relevant material from the land in question to a licensed landfill site.

(2) For the purposes of this article—

(a)“relevant material” means material which contains or may contain Japanese Knotweed;

(b)“licensed landfill site” means a site in respect of which a permit has been granted under the following—

(i)the Environmental Permitting (England and Wales) Regulations 2007(1),

(ii)the Pollution Prevention and Control (Scotland) Regulations 2000(2),

(iii)the Pollution Prevention and Control (Northern Ireland) Regulations 2003(3), or

(iv)Council Directive 1999/31/EC of 26th April 1999 on the landfill of waste(4).

Relevant contaminated land remediation: specified enactments

5.  For the purposes of Condition C in section 1146 of the Act the following are specified enactments—

Statute
Section Explanatory note
Building Act 1984(1)

section
77

dangerous buildings
  section 79 ruinous and dilapidated buildings and neglected sites
Environmental Protection Act 1990(2) section 78E duty of enforcing authority to require remediation of contaminated land
  section 79 statutory nuisances and inspections therefor
  section 80 summary proceedings for statutory nuisances
  section 81 supplementary provisions
  section 82 summary proceedings by persons aggrieved by statutory nuisances
Town and Country Planning Act 1990(3) section 215 power to require proper maintenance of land
Planning (Listed Buildings and Conservation Areas) Act 1990(4) section 48 repair notices preliminary to acquisition under section 47
Town and Country Planning (Scotland) Act 1997(5) section 179 notice requiring proper maintenance of land
Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997(6) section 43 repair notices preliminary to acquisition under section 42
Building (Scotland) Act 2003(7) section 28 defective buildings
Pollution Control and Local Government (Northern Ireland) Order 1978(8) article 65 defective buildings
  article 66 ruinous and dilapidated buildings
Planning (Northern Ireland) Order 1991(9) article 39 orders requiring discontinuance of use or alteration or removal of buildings or works
  article 109 compulsory acquisition of listed buildings

Relevant derelict land remediation: specified purposes

6.—(1) For the purposes of Condition B in section 1146A of the Act (“relevant derelict land remediation”), the specified purposes are the removal of—

(a)post-tensioned concrete heavyweight construction,

(b)building foundations and machinery bases,

(c)reinforced concrete pilecaps,

(d)reinforced concrete basements, or

(e)redundant services which are located below the ground.

(2) For the purposes of this article, “services” means any pipes, wiring, cables, tunnels or other similar equipment or infrastructure used in relation to the following—

(a)gas supply,

(b)water supply, drainage or sewerage,

(c)electricity supply, or

(d)telecommunications.

Exception from condition that land be in a contaminated state at time of acquisition

7.  Where land is in a contaminated state by virtue of the presence in, on or under it of Japanese Knotweed the following conditions need not be met—

(a)Condition B as specified by section 1147(3)(a) (deduction for capital expenditure), and

(b)Condition B as specified by section 1149(3)(a) (additional deduction for qualifying land remediation expenditure).

 

 
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