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The Capital Allowances (Designated Assisted Areas) Order 2014

Consolidated Text Cited authorities 4 Cited in Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2014/3183
Year2014

2014No. 3183

CORPORATION TAX

The Capital Allowances (Designated Assisted Areas) Order 2014

1stDecember2014

2ndDecember2014

23rdDecember2014

The Treasury make the following Order in exercise of the powers conferred by section 45K(2)(a), (3) and (4) of the Capital Allowances Act 2001( 1).

Citation, commencement, effect and interpretation

1. (1) This Order may be cited as the Capital Allowances (Designated Assisted Areas) Order 2014.

(2) This Order comes into force on 23rd December 2014 and an area designated by this Order is to be treated as having been designated on 1st April 2012.

(3) In this Order "Capital Allowances Act" means the Capital Allowances Act 2001.

Designation of areas

2. (1) The areas shown enclosed by a red line on the map of a scale of 1:1250 included in the schedule to each memorandum of understanding described in paragraph (2) are designated as designated assisted areas for the purposes of section 45K of the Capital Allowances Act (expenditure on plant and machinery for use in designated assisted areas).

(2) In paragraph (1) references to a "memorandum of understanding" are to a memorandum of understanding entered into for the purposes of section 45K of the Capital Allowances Act by the Treasury with the responsible authority listed in column 1 of the table in the Schedule to this Order on the date listed in column 2 of that table.

(3) Each memorandum of understanding referred to in paragraph (2) is kept at the offices of HM Treasury at 1 Horse Guards Road, London SW1A 2HQ, where they (or a copy of them) may be inspected by members of the public at reasonable hours without charge.

David Evennett

Alun Cairns

Two of the Lords Commissioners of Her Majesty's Treasury

1st December 2014

SCHEDULE

Article 2(2)

Table

Name of responsible authority

Date of memorandum of understanding

Area included in the map

Enterprise Zone within which area falls

Assisted area within which area falls

Welsh Ministers

19th April 2013

Deeside Enterprise Zone

Deeside Enterprise Zone

Sealand

Ebbw Vale Enterprise Zone

Ebbw Vale Enterprise Zone

Rassau and Badminton

Haven Waterway Enterprise Zone

Haven Waterway Enterprise Zone

Milford East and Neyland West

Scottish Ministers

5th June 2013

Dundee Port,

Low Carbon / Renewables East Enterprise Area

East Port

Dundee Camperdown,

Low Carbon / Renewables East Enterprise Area

East Port

Dundee Claverhouse

Low Carbon / Renewables East Enterprise Area

Longhaugh

Nigg

Low Carbon / Renewables North Enterprise Area

Seaboard

Irvine

Life Sciences Enterprise Area

Irvine Townhead

East Riding of Yorkshire Council

21st May 2014

Paull

Humber Green Port Corridor

South West Holderness

Hartlepool Borough Council

21st May 2014

Hartlepool Port Estates

Tees Valley

Headland and Harbour

Kingston upon Hull City Council

21st May 2014

Green Port Hull

Humber Renewable Energy Super Cluster

Marfleet

Kingston upon Hull City Council

21st May 2014

Queen Elizabeth Dock South

Humber Renewable Energy Super Cluster

Marfleet

Newcastle City Council

21st May 2014

Neptune Yard

North East

Walkergate

North Lincolnshire Council

21st May 2014

Able Marine Energy Park

Humber Renewable Energy Super Cluster

Ferry

Northumberland County Council

21st May 2014

Port of Blyth - Bates

North East

Cowpen

Northumberland County Council

21st May 2014

Port of Blyth - East Sleekburn

North East

Sleekburn

North Tyneside Council

21st May 2014

North Bank of the Tyne (Port of Tyne)

North East

Riverside

Stockton on Tees Borough Council

21st May 2014

New Energy and Technology Park

Tees Valley

Billingham South

EXPLANATORY NOTE

(This note is not part of the Order)

This Order designates areas as designated assisted areas for the purposes of section 45K of the Capital Allowances Act 2001 (c. 2)("CAA 2001").

Section 45K CAA 2001 provides for 100 per cent first-year capital allowances (FYAs) for companies investing in plant or machinery for use primarily in designated assisted areas within Enterprise Zones. To qualify for this new relief, the expenditure must be incurred at a time when an area is designated.

Article 2 designates areas for the purposes of section 45K of CAA 2001. The designated areas are those identified on maps included in memoranda of understanding entered into for the purposes of section 45K of CAA 2001. Article 2(3) sets out that the memoranda of understanding are deposited and available for inspection by members of the public at the address shown in that provision.

Section 45K(4) provides that, where appropriate, the order may have retrospective effect. Article 1 provides that an area designated by this Order is to be treated as having been so designated at times falling on or after 1st April 2012, so that this Order will ensure that the relevant FYAs provisions may have effect in relation to expenditure incurred on or after 1st April 2012.

A Tax Information and Impact Note covering this instrument was published on 29th November 2011 alongside the Autumn Statement 2011 and is available on the HMRC website at www.hmrc.gov.uk/tiin/tiin690.pdf. It remains an accurate summary of the impacts that apply to this instrument.

(1) 2001 c. 2; section 45K was inserted by paragraph 3 of Schedule 11 to the Finance Act 2012 (c. 14).

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