Capital Allowances Act 2001 section 341

Carrying on of highway undertakings

Section 341 establishes the special rules for how highway undertakings are treated for the purposes of industrial buildings allowances, including their status as trades and the meaning of key terms such as highway concession.

• A highway undertaking is treated as a trade for industrial buildings allowance purposes, so all the trade-based rules in Part 3 apply to it
• The person carrying on a highway undertaking is deemed to occupy the road to which the undertaking relates, even though they do not own it in the conventional sense
• A highway concession means either the right to receive payments from a relevant government authority because the road is or will be used by the public, or the right to charge tolls on a toll road
• The relevant authority for these purposes is the Secretary of State, the Scottish Ministers, the National Assembly for Wales, or the Department for Regional Development in Northern Ireland