Capital Allowances Act 2001 section 344

Cases where highway concession is to be treated as extended

Section 344 sets out the circumstances in which a highway concession is treated as having been extended rather than ended, so that no balancing adjustment arises under section 343.

• 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 the old and new concessions relate to the same stretch of road, and only for the duration of the renewed or new concession
• Taking up a concession includes accepting any opportunity to obtain it, whether or not that opportunity is legally enforceable, and regardless of whether the terms are the same or modified
• Where the extension period differs for different parts of the road, just and reasonable apportionments must be made for the purposes of calculating any balancing adjustment under section 343