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(3) The use of an asset for the purposes of a business to which section 93(3) relates is not treated as use for the purposes of the business concerned.

(4) Subsection (2) shall not apply in relation to an asset which is relevant business property by virtue only of section 93(1)(e), and an asset is not relevant business property by virtue only of that provision unless either—

(b) property consisting of a business, or interest in a business, not falling within section 93(3) (in this section referred to as “company business property”) is on that date beneficially owned by that company or, where that company is a holding company of one or more companies within the same group, by any company within that group,

(6) For the purposes of this section the relevant period, in relation to any asset, is the period immediately preceding the gift or inheritance during which the asset or, if the relevant business property is an interest in a business, a corresponding interest in the asset, was comprised in the disposition (within the meaning of section 94) or, if the business concerned is that of a company, was beneficially owned by that company or any other company which immediately before the gift or inheritance was a member of the same group.

(9) In ascertaining whether or not company business property complies with paragraphs (i) and (ii) of subsection (7) subsection (8), section 95 shall, with any necessary modifications, apply to that company business property as to a case to which subsection (1) of section 95 relates.

(9) In ascertaining whether or not company business property complies with paragraphs (i) and (ii) of subsection (7) subsection (8), section 95 shall, with any necessary modifications, apply to that company business property as to a case to which subsection (1) of section 95 relates.

but where section 97 applies paragraphs (a) and (b) are deemed to be complied with if the asset, or that asset and the asset or assets replaced by it, was or were so used throughout the period between the earlier and the subsequent benefit mentioned in that section, or throughout the part of that period during which it or they were in the beneficial ownership of the disponer or the disponer’s spouse spouse or civil partner.

(2) An asset is an excepted asset in relation to any relevant business property if it was not used wholly or mainly for the purposes of the business concerned throughout the whole or the last 2 years of the relevant period; but where the business concerned is carried on by a company which is a member of a group, the use of an asset for the purposes of a business carried on by another company which at the time of the use and immediately prior to the gift or inheritance was also a member of that group is treated as use for the purposes of the business concerned, unless that other company’s membership of the group is to be disregarded under section 99.