| '(1) Subject to section 20 below if, in a case where realised development accrues to the chargeable person on the deemed disposal of an interest in land (in this section referred to as "the relevant interest"),— | |
| (a) the chargeable person carries on a trade, and | |
| 5 | (b) the project of material development, the beginning of which is the occasion of the deemed disposal, relates to a building or other land to be used, in whole or in part, for the industrial purposes of that trade, |
| 10 | then, subject to the following provisions of this section, liability for development land tax on such proportion of that realised development value as is properly attributable to property to be used for the industrial purposes of a trade carried on by the chargeable person shall be deferred until the occasion of the first subsequent disposal of the relevant interest which is neither— |
| (i) a deemed disposal; nor | |
| 15 | (ii) a disposal to which either section 20(1) below or subsection (1) or subsection (4) of section 22 below applies; nor |
| (iii) a disposal which forms part of a sale and lease-back transaction. | |
| (2) For the purposes of this section, a building or other land constitutes property used for the industrial purposes of a trade carried on by any person if and to the extent that— | |
| 20 | (a) it is used in the course of such a trade for the carrying on of any process for or incidental to any of the purposes specified in paragraph (a) of Class E in paragraph 7 of Schedule 4 to this Act or for or incidental to the generation of electricity, or |
| 25 | (b) it is used, otherwise than as a dwelling-house, for the welfare of workers employed in such a trade, |
| and any reference to property to be used for such purposes shall be construed accordingly. | |
| (3) For the purposes of this section, premises which— | |
| 30 | (a) are used or designed for use for providing services or facilities ancillary to the use of other premises which, in accordance with subsection (2) above, constitute property used for the industrial purposes of a trade, and |
| (b) are or are to be comprised in the same building or the same curtilage as those other premises, | |
| shall themselves be treated as falling within paragraph (a) or paragraph (b) of subsection (2) above. | |
| 35 | (4) In any case where it appears to the Board or, on an appeal, to the Commissioners concerned that a project of material development falling within paragraph (b) of subsection (1) above relates exclusively to property to be used for the industrial purposes of a trade carried on by the chargeable person, the proportion of realised development value referred to in that subsection shall be 100 per cent., but, in any other case— |
| 40 | (a) the proportion properly attributable to the property to be used for the industrial purposes of such a trade, and |
| (b) the method of apportionment adopted, | |
| shall be such as appears to the Board or, on an appeal, to the Commissioners concerned to be just and reasonable. | |
| 45 | (5) Subject to subsection (6) and section 20 below, if— |
| 50 | (a) the whole or any part of a building or other land to which a project of material development falling within subsection (1)(b) above relates ceases at any time, otherwise than on the occasion of a disposal of the relevant interest, to constitute property used by the chargeable person referred to in subsection (1)(a) above for the industrial purposes of a trade for the time being carried on by him, and |
| (b) at that time or at a subsequent time either that person ceases to carry on any trade at all or a non-qualifying use is established for the building or other land or part thereof to which paragraph (a) above applies, | |
| 55 | the relevant interest or, if paragraph (a) above applies to part only of the building or other land, so much of the relevant interest as subsists in that part shall be treated for the purposes only of subsection (1) above and section 27 below as having been disposed of at the time when the condition in paragraph (b) above is fulfilled. |
| (6) Subject to section 20 below, for the purposes of subsection (5) above, a non-qualifying use is established for any building or other land or part thereof if, for at least half |