LFLs: commencement and transition: excepted leases: extended time limits: FA06/Sch8/Para 18
The time limits in Conditions 3 and 4 in BLM23025 may be extended to 1 April 2009 if all the following conditions are met:
- Condition A: the lease term commences before 1 April 2009
- Condition B: the lease term commences as soon as reasonably practicable after construction of the asset is substantially complete
- Condition C: construction has proceeded continuously from 1 April 2006
- Condition D: construction has proceeded at the normal pace for an asset of its type. For this purpose ‘normal pace’ is the pace required to construct the asset in a reasonable time without delays or interruptions and consistent with normal business practice.
These conditions are unlikely to be met where the start of construction of the asset has been brought forward, but the delivery date has not.
Events beyond the control of the people involved may make it impossible to meet conditions B, C or D (FA06/SCH8/PARA19). Therefore in some circumstances these conditions are treated as met, even where they are not met, see BLM23035.