OpenLegislation

Paragraph 14

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Where—

(a)

the value of F1a freeholder’s interest in the specified premises (as determined for the relevant purposes), or

(b)

the value of any intermediate leasehold interest (as determined F2for the relevant purposes),

is a negative amount, the value of the interest for F3those purposes shall be nil.

(2)

Where sub-paragraph (1) applies to any intermediate leasehold ainterest whose value is a negative amount (“the negative interest”), then for the relevant purposes any interests in the specified premises superior to the negative interest and having a positive value shall be reduced in value—

(a)

beginning with the interest which is immediately superior to the negative interest and continuing (if necessary) with any such other superior interests in order of proximity to the negative interest;

(b)

until the aggregate amount of the reduction is equal to the negative amount in question; and

(c)

without reducing the value of any interest to less than nil.

(3)

In a case where sub-paragraph (1) applies to two or more intermediate leasehold interests whose values are negative amounts, sub-paragraph (2) shall apply separately in relation to each of those interests—

(a)

beginning with the interest which is inferior to every other of those interests and then in order of proximity to that interest; and

(b)

with any reduction in the value of any interest for the relevant purposes by virtue of any prior application of sub-paragraph (2) being taken into account.

F4(3A)

Where sub-paragraph (2) applies—

(a)

for the purposes of paragraph 5A(2)(a), and

(b)

in relation to an intermediate leasehold interest in relation to which there is more than one immediately superior interest,

any reduction in value made under that sub-paragraph shall be apportioned between the immediately superior interests.

(4)

For the purposes of sub-paragraph (2) an interest has a positive value if (apart from that sub-paragraph) its value for the relevant purposes is a positive amount.

(5)

In this Part of this Schedule “the relevant purposes”—

(a)

as respects F5a freeholder’s interest in the specified premises, means the purposes of paragraph 2(1)(a) F6or, as the case may be, 5A(2)(a); and

(b)

as respects any intermediate leasehold interest, means the purposes of paragraph 6(1)(b)(i).

Annotations

Textual amendments

F1

Words in Sch. 6 para. 14(1)(a) substituted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 18(10)(a); S.I. 1996/2212, art. 2(2) (with saving in Sch.)

F2

Words in Sch. 6 para. 14(1)(b) substituted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 18(10)(b); S.I. 1996/2212, art. 2(2) (with saving in Sch.)

F3

Words in Sch. 6 para. 14(1) substituted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 18(10)(c); S.I. 1996/2212, art. 2(2) (with saving in Sch.)

F4

Sch. 6 para. 14(3A) inserted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 18(11); S.I. 1996/2212, art. 2(2) (with saving in Sch.)

F5

Words in Sch. 6 para. 14(5)(a) substituted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 18(12)(a); S.I. 1996/2212, art. 2(2) (with saving in Sch.)

F6

Words in Sch. 6 para. 14(5)(a) inserted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 18(12)(b); S.I. 1996/2212, art. 2(2) (with saving in Sch.)

Notes on Schedule 6

Commencement

I1

Sch. 6 wholly in force at 1.11.1993 see s. 188(2) and S.I. 1993/2134, art. 5