Capital Allowances Act 2001 section 270FC

Cases where highway concession is to be treated as extended

Section 270FC sets out the circumstances in which a highway concession relating to a road is treated as having been extended, rather than having ended, for the purposes of structures and buildings allowances.

• A highway concession is treated as extended where the concession holder (or a connected person) takes up a renewed or new concession covering the same road or part of it
• The extension only applies to the extent that the old and new concessions relate to the same road, and only for the duration of the renewed or new concession
• A person is treated as taking up a renewed or new concession if they are formally granted one, or if the concession arrangements simply continue — even where those arrangements are not legally enforceable
• It does not matter whether the concession is renewed or replaced on the same terms or on modified terms