Capital Allowances Act 2001 section 41

Miscellaneous exclusions from section 40 (expenditure for Northern Ireland purposes etc.)

Section 41 sets out certain types of expenditure that are excluded from qualifying for first-year allowances under section 40, which provides enhanced allowances for Northern Ireland purposes.

• Expenditure on long-life assets, aircraft, hovercraft, or goods vehicles used primarily in a haulage trade cannot qualify for first-year allowances under section 40.
• Expenditure on plant or machinery used primarily in agriculture, fishing, or fish farming — or in related activities such as transporting, storing, or processing agricultural or fish products to bring them to market — is also excluded unless specifically authorised by the Department of Agriculture and Rural Development in Northern Ireland.
• The Department may grant authorisation either generally (applying broadly) or specially (applying to a specific item of expenditure or a specific person), and any authorisation may be unconditional or subject to conditions.
• Key definitions apply: "fish" includes shellfish; "fish farming" means the intensive commercial rearing of fish for human consumption; "fishing" means a trade or part of a trade involving catching fish; and "goods vehicle" takes its meaning from the Road Traffic (Northern Ireland) Order 1995.