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SCHEDULES

SCHEDULE 5U.K. Landfill Tax

Modifications etc. (not altering text)

[F1Part VIIIU.K. Secondary liability: controllers of landfill sites

Textual Amendments

F1Sch. 5 Pt. VIII paras. 48-61 added (28.7.2000 with effect in relation to taxable disposals made on or after 28.7.2000) by 2000 c. 17, s. 142(3)(4), Sch. 37

Meaning of controllerU.K.

48(1)For the purposes of this Part of this Schedule a person is the controller of the whole, or a part, of a landfill site at a given time if he determines, or is entitled to determine, what disposals of material, if any, may be made—U.K.

(a)at every part of the site at that time, or

(b)at that part of the site at that time,

as the case may be.

(2)But a person who, because he is an employee or agent of another, determines or is entitled to determine what disposals may be made at a landfill site or any part of a landfill site is not the controller of that site or, as the case may be, that part of that site.

(3)Where a person is the controller of the whole or a part of a landfill site, that site or, as the case may be, that part of the site is referred to in this Part of this Schedule as being under his control.

(4)Any reference in this Part of this Schedule to a controller (without more) is a reference to a controller of the whole or a part of a landfill site.]