Section 270FA | Carrying on of highway undertakings ^F1

(1)For the purposes of this Part, the carrying on of a highway undertaking is to be treated as the carrying on of an undertaking by way of trade; and accordingly references in this Part to a trade include a highway undertaking.^F1

(2)For the purposes of this Part, a person carrying on a highway undertaking is to be treated as occupying, for the purposes of the undertaking, any road in relation to which it is carried on.^F1

(3)In this Chapter “highway undertaking” means so much of any undertaking relating to the design, building, financing and operation of roads as is carried on—^F1

(a)for the purposes of, or^F1

(b)in connection with,^F1

the exploitation of highway concessions.

(4)In this Chapter “highway concession”, in relation to a road, means—^F1

(a)a right to receive sums from a public body because the road is or will be used by the general public, or^F1

(b)if the road is a toll road, the right to charge tolls in respect of the road.^F1

(5)In subsection (4) “public body” means the Crown or any government or public or local authority (whether in the United Kingdom or elsewhere).^F1