The Capital Allowances (Designated Assisted Areas) Order 2014 No. 3183


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Statutory Instruments

2014 No. 3183

Corporation Tax

The Capital Allowances (Designated Assisted Areas) Order 2014

Made

1st December 2014

Laid before the House of Commons

2nd December 2014

Coming into force

23rd December 2014

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

Article 2(2)

SCHEDULE

Table

Name of responsible authorityDate of memorandum of understandingArea included in the mapEnterprise Zone within which area fallsAssisted area within which area falls
Welsh Ministers19th April 2013Deeside Enterprise ZoneDeeside Enterprise ZoneSealand
Ebbw Vale Enterprise ZoneEbbw Vale Enterprise ZoneRassau and Badminton
Haven Waterway Enterprise ZoneHaven Waterway Enterprise ZoneMilford East and Neyland West
Scottish Ministers5th June 2013

Dundee Port,

Low Carbon / Renewables East Enterprise AreaEast Port
Dundee Camperdown,Low Carbon / Renewables East Enterprise AreaEast Port
Dundee ClaverhouseLow Carbon / Renewables East Enterprise AreaLonghaugh
NiggLow Carbon / Renewables North Enterprise AreaSeaboard
IrvineLife Sciences Enterprise AreaIrvine Townhead

East Riding of Yorkshire Council

21st May 2014PaullHumber Green Port CorridorSouth West Holderness

Hartlepool Borough Council

21st May 2014Hartlepool Port EstatesTees ValleyHeadland and Harbour
Kingston upon Hull City Council21st May 2014Green Port HullHumber Renewable Energy Super ClusterMarfleet
Kingston upon Hull City Council21st May 2014Queen Elizabeth Dock SouthHumber Renewable Energy Super ClusterMarfleet
Newcastle City Council21st May 2014Neptune YardNorth EastWalkergate
North Lincolnshire Council21st May 2014Able Marine Energy ParkHumber Renewable Energy Super ClusterFerry

Northumberland County Council

21st May 2014Port of Blyth - BatesNorth EastCowpen

Northumberland County Council

21st May 2014Port of Blyth - East SleekburnNorth EastSleekburn
North Tyneside Council21st May 2014North Bank of the Tyne (Port of Tyne)North EastRiverside
Stockton on Tees Borough Council21st May 2014New Energy and Technology ParkTees ValleyBillingham 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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