Section 120 Transitional provisions

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(1) The Commissioners shall have all the jurisdictions, powers and duties in relation to capital acquisitions tax under this Act which they had before the passing of this Act.

Do all the powers and duties that the Revenue Commissioners had under the pre-consolidation legislation in relation to tax continue under the consolidated Act?

(1) Yes.

(2) The continuity of the operation of the law relating to capital acquisitions tax shall not be affected by the substitution of this Act for the repealed enactments.

How is the continuity of the operation of the law relating to capital acquisitions tax affected by consolidation?

(2) Capital acquisitions tax law continues in force even though the consolidated legislation stands in place of the repealed legislation.

(3) Any reference, whether express or implied, in any enactment or document (including this Act and any Act amended by this Act)-

(a) to any provision of this Act, or

(b) to things done or to be done under or for the purposes of any provisions of this Act,

shall, if and in so far as the nature of the reference permits, be construed as including, in relation to the times, years or periods, circumstances or purposes in relation to which the corresponding provision in the repealed enactments applied or had applied, a reference to, or, as the case may be, to things done or to be done under or for the purposes of, that corresponding provision.

If necessary, can a reference to a provision in this Act be read as a reference to the underlying pre-consolidation legislation?

(3) Yes.

(4) Any reference, whether express or implied, in any enactment (including the repealed enactments and enactments passed after the passing of this Act)-

(a) to any provision of the repealed enactments, or

(b) to things done or to be done under or for the purposes of any provisions of the repealed enactments,

shall, if and in so far as the nature of the reference permits, be construed as including, in relation to the times, years or periods, circumstances or purposes in relation to which the corresponding provision of this Act applies, a reference to, or as the case may be, to things done or to be done under, or for the purposes of, that corresponding provision.

How is a reference in any other Act to a pre-consolidation provision to be read?

(4) A reference in any other Act to a pre-consolidation provision is to be read, where necessary, as a reference to the equivalent consolidated provision.