[436 Meaning of “qualifying infrastructure activity”]

[436  Meaning of “qualifying infrastructure activity”]

[(1)     For the purposes of this Chapter a company carries on a “qualifying infrastructure activity” if the company—

(a)     provides an asset that is a public infrastructure asset in relation to it (see subsections (2) and (5)), or

(b)     carries on any other activity that is ancillary to, or facilitates, the provision of an asset that is a public infrastructure asset in relation to it.

(2)     For the purposes of this Chapter an asset is a “public infrastructure asset” in relation to a company at any time if—

(a)     the asset is, or is to be, a tangible asset forming part of the infrastructure of the United Kingdom or the UK sector of the continental shelf,

(b)     the asset meets the public benefit test (see subsections (3) and (4)),

(c)     the asset has had, has or is likely to have an expected economic life of at least 10 years, and

(d)     the asset meets the group balance sheet test [(see subsections (10) and (10A))] in relation to the company.

(3)     An asset meets the “public benefit test” if—

(a)

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