Section 217 | Meaning of “control” and “firm”

(1)References in this Part to a person controlling a body corporate or firm are to be read in accordance with section 1124 of CTA 2010.

(2)Subsection (1) has effect subject to subsection (4) and section 205(2).

(3)Subsection (4) applies if—

(a)the actual provision is made or imposed by or in relation to a sale of oil,

(b)the oil sold is oil which has been, or is to be, extracted under rights exercisable by a company (“the producer”) which, although it may be the seller, is not the buyer, and

(c)at the time of the completion of the sale or when possession of the oil passes, whichever is the earlier, at least 20% of the producer's ordinary share capital is owned directly or indirectly by one or more of the buyer and the companies (if any) that are linked to the buyer.

(4)If this subsection applies, this Part has effect in relation to the actual provision as if—

(a)the buyer and the seller, and

(b)the producer, if it is not the seller,

were all controlled by the same person at the time of the making or imposition of the actual provision.

(5)For the purposes of subsection (3)(c), two companies are “linked” if—

(a)one is under the control of the other, or

(b)both are under the control of the same person or persons.

(6)For the purposes of subsection (3)—

(a)any question whether ordinary share capital is owned directly or indirectly by a company is to be decided as for Chapter 3 of Part 24 of CTA 2010, and

(b)rights to extract oil are to be taken to be exercisable by a company even if they are exercisable by that company only jointly with another company or two or more other companies.

(7)In this section “oil” includes any mineral oil or relative hydrocarbon oil, as well as natural gas.

(8)In this Part persons carrying on a trade, profession or other business in partnership are referred to collectively as a “firm”.