The Energy Act 2004 (Nuclear Decommissioning) (Exempt Activities and Further Conditions) Regulations 2005
| Jurisdiction | UK Non-devolved |
| Citation | SI 2005/644 |
| Year | 2005 |
2005 No. 644
INCOME TAX
The Energy Act 2004 (Nuclear Decommissioning) (Exempt Activities and Further Conditions) Regulations 2005
Made 10th March 2005
Laid before the House of Commons 10th March 2005
Coming into force 1st April 2005
The Treasury, with the concurrence of the Secretary of State, in exercise of the powers conferred upon them by section 27(3)(b) and (5)(d) of the Energy Act 20041, make the following Regulations:
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Energy Act 2004 (Nuclear Decommissioning) (Exempt Activities and Further Conditions) Regulations 2005 and shall come into force on 1st April 2005.
(2) In these Regulations—
a reference, without more, to a numbered section or Schedule is a reference to the corresponding provision of the Energy Act 2004;
“the NDANDA” means the Nuclear Decommissioning Authority (see section 1); and
“designated” means designated by means of a direction given by the Secretary of State to the NDANDA under section 3(3); andany other expression defined in section 37(1) bears the same meaning in these Regulations.
Exempt activities for the purposes of section 27 of, and Schedule 4 to, the Energy Act 2004
2.—(1) For the purposes of section 27 and Schedule 4 (tax exemptions for NDANDA activities) the activities mentioned in paragraph (2) are specified.
(2) The activities are the operation of designated facilities for the treatment, storage, transportation or disposal of hazardous material, carried on for the purpose of thermal oxide reprocessing or mixed oxide manufacture where that reprocessing or manufacture is undertaken at Sellafield in Cumbria.
Further conditions in respect of NDA company which is a relevant site licensee
Further conditions in respect of NDANDA company which is a relevant site licensee
3.—(1) The further conditions referred to in section 27(5)(d) (conditions in respect of NDANDA company which is a relevant site licensee) are those in paragraphs (2) and (3).
(2) The condition is that all the ordinary share capital of the company must have been transferred from the NDANDA or a wholly owned subsidiary of the NDANDA (“the original transfer”).
(3) The condition is that where—
(a)
(a) a management...
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