Section 78 Sharing of transmission facilities.

United Kingdom

(1)

This section applies to any agreement relating to the sharing of transmission facilities—

(a)

to which the parties are national broadcasting companies,

(b)

which is entered into on or after the day on which this Act is passed and before 1st January 1992 or such later date as may be specified for the purposes of this paragraph by the Secretary of State, and

(c)

in relation to which the Secretary of State has certified that it is expedient that this section should apply.

F1(2)

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(3)

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(4)

Where under an agreement to which this section applies one party to the agreement disposes of F2plant or machinery to another party to the agreement, the F3Capital Allowances Act shall apply—

(a)

in the case of the party making the disposal, as if the disposal value of the plant or machinery for the purposes of F4section 60 of that Act were equal to the capital expenditure incurred by that party on its provision, and

(b)

in the case of the party to whom the disposal is made, as if the amount expended by that party in acquiring the plant or machinery were equal to the capital expenditure so incurred.

(5)

In subsection (4) above, references to F5plant or machinery include a share in plant or machinery.

(6)

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(7)

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(8)

In this section, “national broadcasting company means a body corporate engaged in the broadcasting for general reception by means of wireless telegraphy of radio or television services or both on a national basis.

Annotations

Textual amendments

F1: S. 78(2)(3)(6)(7) repealed (6.3.1992 with effect as mentioned in s. 289(1)(2) of the repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289, 290, Sch. 12 (with s. 201(3), Sch. 11 paras. 20, 22, 26(2), 27)
F2: Words in s. 78(4) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, s. 578, Sch. 2 para. 74(1)(b)
F3: Words in s. 78(4) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, s. 578, Sch. 2 para. 74(1)(a)
F4: Words in s. 78(4) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, s. 578, Sch. 2 para. 74(1)(c)
F5: Words in s. 78(5) substituted (22.3.2001 with effect as mentioned in s. 579(1) of the amending Act) by 2001 c. 2, s. 578, Sch. 2 para. 74(2)

Notes on Chapter I

Commencement

I1: Chapter I partly in force at 4.5.1988 due to retrospective effect of s. 74(5)