PART VII

Miscellaneous

138. —(1) In this section—

“the 1995 amending section” means section 171 of the Finance Act, 1995;

“capital services” has the same meaning as it has in the principal section;

“the forty-sixth additional annuity” means the sum charged on the Central Fund under subsection (4);

“the principal section” means section 22 of the Finance Act, 1950 .

(2) In relation to the twenty-nine successive financial years commencing with the financial year ending on the 31st day of December, 1996, subsection (4) of the 1995 amending section shall have effect with the substitution of “£75,535,862” for “£74,427,949”.

(3) Subsection (6) of the 1995 amending section shall have effect with the substitution of “£57,148,703” for “£57,207,000”.

(4) A sum of £83,599,421 to redeem borrowings, and interest thereon, in respect of capital services shall be charged annually on the Central Fund or the growing produce thereof in the thirty successive financial years commencing with the financial year ending on the 31st day of December, 1996.

(5) The forty-sixth additional annuity shall be paid into the Capital Services Redemption Account in such manner and at such times in the relevant financial year as the Minister for Finance may determine.

(6) Any amount of the forty-sixth additional annuity, not exceeding £64,256,400 in any financial year, may be applied towards defraying the interest on the public debt.

(7) The balance of the forty-sixth additional annuity shall be applied in any one or more of the ways specified in subsection (6) of the principal section.

139. —As respects each year (being the calendar year 1996 and subsequent calendar years) section 176 of the Finance Act, 1995, is hereby amended, in subsection (2), by the substitution in subparagraph (ii) of paragraph (c) of “£750,000” for “£500,000”, and the said subparagraph (ii), as so amended, is set out in the Table to this section.

TABLE

(ii) exceeds an amount (which shall not be less than £75,000) determined by the formula—

£750,000 — M

where M is an amount (which may be nil) equal to the market value at the valuation date of the heritage item (if any) or the aggregate of the market values at the respective valuation dates of all the heritage items (if any), as the case may be, in respect of which a determination or determinations, as the case may be, under this subsection has been made by the selection committee in any one calendar year and not revoked in that year.

140. —(1) In respect of the specified duties collected by any licensing authority, that authority may, before payment into the Exchequer of such duties, deduct from moneys so collected, an amount calculated in accordance with directions in writing issued by the Minister for the Environment, with the consent of the Minister for Finance, in respect of expenses properly incurred by the licensing authority solely in respect of the collection of such duties.

(2) The expenses referred to in subsection (1) may include expenses properly incurred by the licensing authority solely in respect of the collection of the specified duties during any period prior to the 1st day of January, 1996, and which have not been met by payments under subsection (2) (a) of section 50 of the Finance Act, 1978 .

(3) (a) (i) Subsection (4) of section 1 of the Roads Act, 1920, is hereby amended by the insertion after “shall” in “shall be paid into the Exchequer” of “, subject to section 140 of the Finance Act, 1996,”.

(ii) Article 6 (1) of the Road Vehicles (Registration and Licensing) Order, 1958 (S.I. No. 15 of 1958), is hereby amended by the insertion after “shall” in “Every licensing authority shall forthwith pay the proceeds of the said duties and all other sums received by them which are payable into the Exchequer under the Roads Act, 1920,” of “, subject to section 140 of the Finance Act, 1996,”.

(b) Subsection (2) of section 4 of the Act of 1952 is hereby amended by the insertion after “shall” in “shall be paid by that authority into the Exchequer” of “, subject to section 140 of the Finance Act, 1996,”.

(4) Subsection (2) (a) of section 50 of the Finance Act, 1978 , shall not apply in the case of expenses—

(a) incurred by a licensing authority in respect of the collection of the specified duties, and

(b) which have been deducted in accordance with this section.

(5) In this section—

“the Act of 1952” means the Finance (Excise Duties) (Vehicles) Act, 1952 ;

“licensing authority” means the council of a county, or the corporation of a county borough, which grants licences under section 1 of the Act of 1952 or driving licences or provisional licences under Part III of the Road Traffic Act, 1961 ;

“the specified duties” means the duties imposed—

(a) by section 1 (1) of the Roads Act, 1920, as applied by section 3 (1) of the Act of 1952 and as chargeable, leviable and payable in accordance with section 1 (1) of the Act of 1952, or

(b) by section 4 (1A) (inserted by the Finance Act, 1961 , and amended by the Finance Act, 1989 ) of the Act of 1952 and as chargeable, leviable and payable in accordance with that section.

(6) This section shall be deemed to have come into operation on the 1st day of January, 1996, but without prejudice to payments (if any) before the passing of this Act under subsection (2) (a) of section 50 of the Finance Act, 1978 .

141. —Section 4 of the Casual Trading Act, 1995, is hereby amended by the insertion of the following subsection after subsection (2):

“(2A) (a) For the purposes of the assessment, charge, collection and recovery of any tax or duty placed under the care and management of the Revenue Commissioners—

(i) a casual trading licence shall not be granted unless the application for a casual trading licence contains the applicant's tax reference number, and

(ii) the local authority concerned shall, upon the grant of a casual trading licence, or as soon as may be thereafter, notify the Revenue Commissioners in writing of the name, address and tax reference number of the person to whom the licence was granted and the conditions (if any) contained in the licence including the duration thereof.

(b) In this subsection, ‘tax reference number’, in relation to an applicant for a casual trading licence, means—

(i) in the case of an applicant who is an individual, the identifying number, known as the Revenue and Social Insurance (RSI) Number, and

(ii) in the case of any other applicant, the identifying or reference number,

stated on any correspondence, including a notice of determination of tax-free allowances, return of income or return of profits form or notice of assessment issued to the applicant by an inspector of taxes appointed under section 161 of the Income Tax Act, 1967 .”.

142. —All taxes and duties (except the excise duties on mechanically propelled vehicles imposed by section 86 ) imposed by this Act are hereby placed under the care and management of the Revenue Commissioners.

143. —(1) This Act may be cited as the Finance Act, 1996.

(2) Parts I and VI (so far as relating to income tax) shall be construed together with the Income Tax Acts and (so far as relating to corporation tax) shall be construed together with the Corporation Tax Acts and (so far as relating to capital gains tax) shall be construed together with the Capital Gains Tax Acts.

(3) Part II (so far as relating to customs) shall be construed together with the Customs Acts and (so far as relating to duties of excise) shall be construed together with the statutes which relate to the duties of excise and to the management of those duties.

(4) Part III shall be construed together with the Value-Added Tax Acts, 1972 to 1995, and may be cited together therewith as the Value-Added Tax Acts, 1972 to 1996.

(5) Part IV shall be construed together with the Stamp Act, 1891, and the enactments amending or extending that Act.

(6) Part V (so far as relating to capital acquisitions tax) shall be construed together with the Capital Acquisitions Tax Act, 1976 , and the enactments amending or extending that Act.

(7) Part VII (so far as relating to income tax) shall be construed together with the Income Tax Acts and (so far as relating to corporation tax) shall be construed together with the Corporation Tax Acts and (so far as relating to capital gains tax) shall be construed together with the Capital Gains Tax Acts and (so far as relating to capital acquisitions tax) shall be construed together with the Capital Acquisitions Tax Act, 1976 .

(8) Parts I and VI shall, save as is otherwise expressly provided therein, be deemed to have come into force and shall take effect as on and from the 6th day of April, 1996.

(9) In relation to Part II , section 77 shall come into operation on the 1st day of July, 1996.

(10) In relation to Part III :

(a) section 87 , paragraph (a) of section 88 , subparagraphs (ii) and (iii) of paragraph (a) of section 89 , section 90 , paragraph (b) of section 92 , sections 95 and 96 , paragraphs (b) and (c) of section 98 and section 99 shall be deemed to have come into force and shall take effect as on and from the 1st day of January, 1996;

(b) paragraph (a) of section 92 and section 94 shall be deemed to have come into force and shall take effect as on and from the 1st day of March, 1996;

(c) paragraph (a) of section 93 and section 97 shall take effect as on and from the 1st day of July, 1996;

(d) the provisions of this Part, other than those specified in paragraphs (a), (b) and (c), shall have effect as on and from the date of passing of this Act.

(11) Any reference in this Act to any other enactment shall, except so far as the context otherwise requires, be construed as a reference to that enactment as amended by or under any other enactment including this Act.

(12) In this Act, a reference to a Part, section or Schedule is to a Part or section of, or Schedule to, this Act, unless it is indicated that reference to some other enactment is intended.

(13) In this Act, a reference to a subsection, paragraph, subparagraph, clause or subclause is to the subsection, paragraph, subparagraph, clause or subclause of the provision (including a Schedule) in which the reference occurs, unless it is indicated that reference to some other provision is intended.