Next (SCHEDULE. Rules for apportionment of net annual value of a railway undertaking as a whole between the railway hereditaments forming part of such undertaking.)

47 1931

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Number 47 of 1931.


RAILWAYS (VALUATION FOR RATING) ACT, 1931.


ARRANGEMENT OF SECTIONS

Section

1.

Definitions.

2.

Non-application of section 11 of Valuation Act, 1852.

3.

Non-application of Act to hereditaments occupied by a railway company which are not railway hereditaments.

4.

Quinquennial valuations of railway undertakings.

5.

Determination of net annual value of a railway undertaking as a whole.

6.

Information and assistance to be given by railway companies.

7.

Determination of minimum valuation of a railway hereditament and minimum value of a railway undertaking as a whole.

8.

Valuation of railway hereditaments where net annual value of undertaking as a whole equals or falls below minimum value of undertaking as a whole.

9.

Valuation of railway hereditaments where net annual value of undertaking as a whole exceeds minimum value of undertaking as a whole.

10.

Inclusion of valuations in revised valuation lists.

11.

Appeals against valuations.

12.

Alteration of net annual value of a railway hereditament other than at a quinquennial revision.

13.

Notification to rating authorities of intention to make valuation.

14.

Short title.

SCHEDULE.

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Number 47 of 1931.


RAILWAYS (VALUATION FOR RATING) ACT, 1931.


AN ACT TO AMEND THE LAW RELATING TO THE VALUATION FOR RATING PURPOSES OF HEREDITAMENTS OCCUPIED BY RAILWAY COMPANIES AND FOR PURPOSES CONNECTED THEREWITH. [22nd December, 1931.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

Definitions.

1. —(1) In this Act—

the expression “the Commissioner” means the Commissioner of Valuation;

the expression “railway company” includes the joint Committee (Great Northern Railway Company (Ireland) and London Midland and Scottish Railway Company) of the County Donegal Railways;

the expression “railway hereditament” means a separate rateable hereditament occupied by a railway company for the purposes of its undertaking but does not include—

(a) any hotel, refreshment room, dwelling house, residence, town office or town receiving depot;

(b) any premises used and occupied for the purposes of subsidiary services (other than those connected with the local collection and delivery of parcels, goods or merchandise conveyed or to be conveyed by rail) carried on by such company for the purpose of road, sea or other transport;

(c) any waterworks, electric light works, power works or gas works, unless the same are used mainly to supply the undertaking;

(d) any store, building or premises let by such company, or if unused, capable of being so let;

the expression “running-line” means the railway line or lines which are used primarily for the conveyance of railway traffic from place to place and includes the land under, between and adjoining such line or lines, but does not include land which is the site of buildings, structures, sidings, platforms, yards and approaches;

the expression “running-line hereditament” means a railway hereditament which consists of running-line only;

the expression “non-running-line hereditament” means a railway hereditament which is not a running-line hereditament;

the expression “the Valuation Acts” means the Acts in force immediately before the passing of this Act relating to the valuation of rateable property in Saorstat Eireann;

the expression “annual revision” means an annual revision for the valuation of tenements and hereditaments held under the Valuation Acts;

the expression “quinquennial revision” means the annual revision current at the passing of this Act or every fifth ensuing successive annual revision.

(2) For the purposes of this Act each of the following bodies shall be a rating authority, that is to say:—

(a) the council of a county;

(b) the council of a county borough;

(c) the council of a borough, other than a county borough;

(d) the council of an urban district.

Non-application of section 11 of Valuation Act, 1852.

2. —The provisions of Section 11 of the Valuation (Ireland) Act, 1852, relating to the estimation of the net annual value of rateable hereditaments shall, save as expressly provided by this Act, cease to apply in the case of railway hereditaments in Saorstát Eireann.

Non-application of Act to hereditaments occupied by a railway company which are not railway hereditaments.

3. —The provisions of this Act shall not apply to the valuation under the Valuation Acts of a hereditament occupied by a railway company which is not a railway hereditament.

Quinquennial valuations of railway undertakings.

4. —(1) The Commissioner shall on his own motion at every quinquennial revision cause to be made in respect of every railway undertaking a revision of the valuation of every railway hereditament in Saorstát Eireann forming part of such undertaking in accordance with the provisions of this Act and every valuation so made in relation to a railway undertaking is referred to in this Act as a valuation of such railway undertaking as a whole.

(2) Save as expressly provided by this Act, a valuation of a railway hereditament in Saorstát Eireann shall not be revised at any annual revision which is not a quinquennial revision.

Determination of net annual value of a railway undertaking as a whole.

5. —(1) At every quinquennial revision the Commissioner shall in relation to every railway company's undertaking do the following things, that is to say:—

(a) ascertain the net receipts of such company as a whole for the first five of the six completed accounting years next preceding the date on which such valuation is to come into force;

(b) in case such undertaking is carried on in Saorstát Eireann only, ascertain by reference to such net receipts the average net receipts of such company for such five years;

(c) in case such undertaking is carried on both in Saorstát Eireann and Northern Ireland—

(i) apportion such net receipts for each of such five years between Saorstát Eireann and Northern Ireland upon the basis of a fair and just estimate of the proportions thereof accruing in Saorstát Eireann and Northern Ireland; and

(ii) ascertain by reference to the part of such net receipts of such company for such five years so apportioned in respect of Saorstát Eireann, the average net receipts referable to the carrying on of the undertaking in Saorstát Eireann for such five years;

(d) estimate by reference to the average net receipts so ascertained the rent at which the railway hereditaments in Saorstát Eireann occupied by such company might reasonably be expected to let from year to year, the probable average annual cost of repairs, insurance and other expenses (if any) necessary to maintain the hereditaments in their actual state and all rates and tithe rent charge (if any) being paid by the tenant;

and the annual rent so estimated shall be the net annual value of such undertaking as a whole for the purposes of such quinquennial revision.

(2) In estimating for the purpose of this section the rent at which the railway hereditaments occupied by a company might reasonably be expected to be let as a whole the Commissioner and any Court before whom such valuation might come under appeal shall not have regard to any custom or practice affecting the valuation of railway hereditaments which obtained prior to the passing of this Act in regard to the amount of the deduction or allowance to be made in respect of the capital of a tenant, but shall have regard to all relevant circumstances and material considerations with a view to securing that such estimated rent shall represent a fair and just division of the net receipts as between landlord and tenant.

(3) For the purposes of this section the net receipts of a railway company in any year shall be taken to be the amount produced by deducting from the total revenue receipts of the company in that year from its undertaking—

(a) any receipts included in that total which—

(i) arise from any interest of the company in any other company or other undertaking, or

(ii) arise from any hereditament which is not a railway hereditament occupied by the company, or

(iii) consist of royalties or way-leaves, not being royalties or way-leaves payable to the company in respect of the user of a hereditament which is a railway hereditament occupied by the company, or

(iv) represent general interest or accretion of capital; and

(b) the amount properly charged in that year as revenue expenditure in respect of management, working, maintenance and renewals (including maintenance and renewal of plant and rolling stock) and in respect of rates and tithe rent charge (if any), subject however to the adjustments hereinafter mentioned, that is to say:—

(i) the amount to be charged shall include any amount charged against the revenue of the year as a transfer in reduction of any sum previously carried to a suspense account in respect of past expenditure of the like kind properly chargeable to revenue, and also any amount properly set aside out of revenue for the purpose of meeting any future expenditure of the like kind properly chargeable to revenue;

(ii) from the amount to be charged there shall be excluded such part (if any) of the expenditure of the year as is defrayed out of amounts previously set aside for the purposes aforesaid, or is carried to a suspense account for the purpose of deferring to succeeding years the charging thereof against revenue;

(iii) the amount to be charged shall be increased by an amount representing interest for one year, calculated at such rate per centum per annum as the Commissioner may determine, upon so much of of the balance brought forward at the commencement of that year in any suspense account as represents any such past expenditure as aforesaid;

(iv) the amount to be charged shall be reduced by an amount representing interest for one year, calculated at the same rate, upon the balance remaining unexpended at the commencement of the year of any amounts previously set aside out of revenue for the purposes aforesaid, and, in determining the balance unexpended of any such amounts, no expenditure in respect of additions or improvements of a capital nature which was charged in the Company's Accounts for the year ending the thirty-first day of December, nineteen hundred and twenty-five, or any later year, shall be debited against those amounts:

(v) in ascertaining the amount to be charged as aforesaid and in making any such adjustments as are mentioned in the preceding sub-paragraphs, any expenditure properly attributable to the earning of any such receipts as are specified in paragraph (a) of this sub-section and any provision made in respect of any such expenditure by means of a suspense account or of a renewals fund or otherwise shall be disregarded.

(4) For the purposes of this section where any hereditament is occupied by a railway company partly for the purpose of its railway undertaking and partly for other purposes, the total revenue receipts of the company shall be increased by such sum as the Commissioner may determine to represent a fair annual rent for the occupation of that hereditament for those other purposes.

Information and assistance to be given by railway companies.

6. —For the purposes of every valuation of a railway company's undertaking as a whole at a quinquennial revision such company shall do the following things, that is to say:—

(a) furnish to the Commissioner particulars of the total revenue receipts and net receipts and expenditure of such company for the accounting years by reference to which the net annual value of such undertaking as a whole is to be estimated for the purposes of such valuation;

(b) if so required by the Commissioner, furnish to him copies of the accounts of such company and such other particulars as he may reasonably require to enable him to perform his functions under this Act;

(c) in the case of an undertaking carried on in Saorstát Eireann and Northern Ireland, if so required by the Commissioner, apportion the total revenue receipts and net receipts and expenditure for such accounting years as between the part of its undertaking carried on in Saorstát Eireann and the part carried on in Northern Ireland.

Determination of minimum valuation of a railway hereditament and minimum value of a railway undertaking as a whole.

7. —(1) At every quinquennial revision the Commissioner shall make in respect of every railway undertaking a valuation of every railway hereditament in Saorstát Eireann forming part of such undertaking in accordance with the following provisions, that is to say:—

(a) in the case of a running line hereditament, the valuation shall be the valuation placed thereon or which would, if it had not been adapted for use as a railway, have been placed thereon at the tenement valuation under the provisions of the Valuation (Ireland) Act, 1852, or any subsequent valuation; and

(b) in the case of a non-running line hereditament, the valuation shall be thirty-three and one-third per cent. of the net annual value estimated in accordance with Section 11 of the Valuation (Ireland) Act, 1852, which would have been placed thereon if valued at the 3rd day of August, 1914, regard being had to the effective user and other conditions obtaining at such quinquennial valuation;

and the valuation so made of such running line hereditament shall be the minimum valuation of such running line hereditament for the purposes of such quinquennial revision, and the valuation so made of such non-running line hereditament shall be the minimum valuation of such non-running line hereditament for the purposes of such quinquennial revision.

(2) The sum of the minimum valuations of every railway hereditament in Saorstát Eireann forming part of a railway undertaking as made at a quinquennial revision shall be the minimum value of such undertaking as a whole for the purpose of such quinquennial revision.

Valuation of railway hereditaments where net annual value of undertaking as a whole equals or falls below minimum value of undertaking as a whole.

8. —Where at a quinquennial revision the net annual value of a railway company's undertaking as a whole for the purposes of such revision is nought or is equal to or less than the minimum value of such undertaking as a whole for the purposes of such revision the valuation of every railway hereditament in Saorstát Eireann forming part of such undertaking shall at such revision be fixed by the Commmissioner at an amount equal to the minimum valuation of such railway hereditament for the purposes of such revision, and the said amount shall be the valuation of such railway hereditament for the purposes of such quinquennial revision.

Valuation of railway hereditaments where net annual value of undertaking as a whole exceeds minimum value of undertaking as a whole.

9. —Where at a quinquennial revision the net annual value of a railway company's undertaking as a whole for the purposes of such revision exceeds the minimum value of such undertaking as a whole for the purposes of such revision the Commissioner shall at such revision apportion the said net annual value of such undertaking as a whole between all the railway hereditaments in Saorstát Eireann occupied by such company in accordance with the rules contained in the Schedule to this Act, and the amount so apportioned to any railway hereditament at such revision shall be the valuation of such railway hereditament for the purposes of such quinquennial revision.

Inclusion of valuations in revised valuation lists.

10. —(1) The valuation of every railway hereditament in Saorstát Eireann for the purposes of a quinquennial revision shall be included in the revised valuation lists to be issued pursuant to the Valuation Acts on the 1st day of March next following such valuation and such valuation as so included shall, subject to an alteration (if any) made therein to give effect to a decision upon any appeal and an alteration (if any) made therein by the Commissioner under the provisions of this Act relating to the alteration of the net annual value of a railway hereditament other than at a quinquennial revision, be the net annual value of such railway hereditament for a period (in this Act referred to as a quinquennial period) of five years from the said 1st day of March.

(2) For the purposes of the inclusion of the valuation of a railway hereditament in a revised valuation list, the following provisions shall have effect, that is to say:—

(a) in case such valuation is less than £10 and includes a fraction of a pound, such fraction—

(i) if less than 2s. 6d. may be disregarded, or

(ii) if 2s. 6d. or more and less than 7s. 6d. may be treated as 5s., or

(iii) if 7s. 6d. or more and less than 12s. 6d. may be treated as 10s., or

(iv) if 12s. 6d. or more and less than 17s. 6d. may be treated as 15s., or

(v) if 17s. 6d. or more, may be treated as £1;

(b) in case such valuation exceeds £10 and is less than £25 and includes a fraction of a pound, then such fraction—

(i) if less than 5s. may be disregarded, or

(ii) if 5s. and less than 15s. may be treated as 10s., or

(iii) if 15s. or more may be treated as £1;

(c) if such valuation exceeds £25 and includes a fraction of a pound then such fraction—

(i) if less than 10s. may be disregarded, or

(ii) if 10s. or more, may be treated as £1.

Appeals against valuations.

11. —(1) The provisions of the Valuation Acts relating to appeals against the valuation of any rateable hereditaments included in a revised valuation list issued by the Commissioner shall in their application to the valuation of any railway hereditament included in any such list issued by the Commissioner immediately following a quinquennial valuation have effect subject to the following modifications, that is to say:—

(a) an appeal may be taken either in respect of any one or more individual railway hereditaments, or in respect of the railway hereditaments taken as a whole in a rating area, and

(b) an appeal shall not lie at the instance of any ratepayer other than the railway company concerned.

(2) In the event of appeals to the Circuit Court against the valuation of any railway hereditament being made under this section in two or more rating areas and all such rating areas are not within the same circuit of the Circuit Court, the Minister for Justice may, on the application of the Commissioner, by order direct that all such appeals shall be heard and determined by such Judge of the Circuit Court as may be specified in such order and in such case the Judge so specified shall have jurisdiction to hear and determine all such appeals.

(3) Each of the following shall be a rating area for the purposes of this section, that is to say:—

(a) a county;

(b) a county or other borough;

(c) an urban district.

Alteration of net annual value of a railway hereditament other than at a quinquennial revision.

12. —(1) If at any time during the first four years of a quinquennial period a railway company becomes the occupier of any railway hereditament in Saorstát Eireann, or ceases to occupy any such railway hereditament or where owing to alterations or reconstructions the net annual value of any such railway hereditament has increased or decreased, the Commissioner may, on the application of such company or the rating authority in whose rating area such hereditament is situate, at an annual revision held during such four years make such alteration (if any) as he may deem necessary in respect of the valuation of such hereditament in the revised valuation lists to be published next following such revision.

(2) If it appears to the Commissioner at any time during the first four years of a quinquennial period that the valuation of a railway hereditament as included in a revised valuation list is incorrect by reason of some clerical or arithmetical error he may at the next annual revision make such alteration (if any) in the valuation of such hereditament as he thinks fit.

Notification to rating authorities of intention to make valuation.

13. —The Commissioner shall immediately before the commencement of the valuation of a railway company's undertaking as a whole send notice of his intention to make such valuation to the principal executive officer of every rating authority in whose functional area any portion of such undertaking is situate.

Short title.

14. —This Act may be cited as the Railways (Valuation for Rating) Act, 1931.