Section 448 | Decommissioning ^F1

(1)This Chapter applies in relation to an activity consisting of the decommissioning of a public infrastructure asset as it applies in relation to its provision.

(2)In determining whether a company is a qualifying infrastructure company the following assets of the company are ignored (and the income arising from them is, accordingly, also ignored)—

(a)any shares in a decommissioning fund, and

(b)any loan relationships or other financing arrangements to which a decommissioning fund is party.

(3)A decommissioning fund is to be regarded as a qualifying infrastructure company.

(4)For the purposes of this section “a decommissioning fund” means a fund which—

(a)holds particular investments for the sole purpose of funding activities for, or in connection with, the decommissioning or other provision of public infrastructure assets, and

(b)is prevented from using the proceeds of the investments, or the income arising from them, for any purpose other than the purpose mentioned in paragraph (a) or returning surplus funds.

(5)In this section “decommissioning” includes demolishing and putting out of use.