Finance (No. 2) Act 2013

Amendment of section 64 of Principal Act (capital goods scheme)

62. Section 64 of the Principal Act is amended in subsection (12A)—

(a) in paragraph (a) by substituting the following for the definition of “start date”:

“ ‘start date’ means—

(i) where subparagraph (i) or (ii) of paragraph (b) applies, the date on which either the mortgagee takes possession or the receiver is appointed, or

(ii) where subparagraph (i) or (ii) of paragraph (ba) applies, 1 May 2014.”,

(b) in paragraph (b) by inserting “, on or after 27 March 2013,” after “charge or lien and”,

(c) by inserting the following after paragraph (b):

“(ba) Where a capital good is held as security or is subject to a charge or lien and, before 27 March 2013, either—

(i) a mortgagee took possession, or

(ii) a receiver was appointed by or on the application of a mortgagee or under section 147 of the National Asset Management Agency Act 2009 or by any other means,

then the defaulter shall, within 60 days after the date of the passing of the Finance (No. 2) Act 2013 furnish a copy of the capital goods record to that mortgagee or that receiver and on and from the start date, but subject to the subsequent provisions of this subsection, that mortgagee or that receiver shall be treated for the purposes of this Chapter as if that mortgagee or that receiver were the capital goods owner.”,


(d) in paragraph (c)—

(i) by inserting “or (ba)” after “Where paragraph (b)”,

(ii) by inserting “or (ba), as appropriate” after “with paragraph (b)”, and

(iii) by inserting “or deductible” after “payable”.