Regulation 4 Amendment of regulation 4 (meaning of “qualifying business premises”)

In paragraph (2) of regulation 4 (meaning of “qualifying business premises”) for the definition of “relevant trade” substitute—

• ““relevant trade” means a trade—

  1. (a)

     in any sector in relation to which Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in the application of Articles 87 and 88 of the Treaty (General block exemption Regulation)^f1 does not apply by virtue of paragraph 3 of Article 1 of that Regulation; or

  2. (b)

     carried on by any undertaking which—

     1. (i)

        is subject to an outstanding recovery order made by virtue of Article 108(2) of the Treaty on the Functioning of the European Union^f2; or

     2. (ii)

        it is reasonable to assume would be regarded as a firm in difficulty for the purposes of the Community Guidelines on State Aid for Rescuing and Restructuring Firms in Difficulty^f3.”.

After paragraph (3) of regulation 4 insert—

“(4)

In this regulation “undertaking” has the same meaning as it has for the purposes of section 45DB (exclusions from allowances under section 45DA)^f4 of the Act.”.