Section 372B Qualifying areas
|
Amendments
Section 372B inserted by Finance Act 1998 section 76.
(1) The Minister for Finance may, on the recommendation of the Minister for the Environment and Local Government (which recommendation shall take into consideration an Integrated Area Plan submitted by a local authority or a company established by a local authority to that Minister in respect of an area identified by it), by order direct that―
(a) the area or areas described (being wholly located within the boundaries of the area to which the Integrated Area Plan relates) in the order shall be a qualifying area for the purposes of one or more sections of [this Chapter or Chapter 11 of this Part]1,
[(b) where such an area or areas is or are to be a qualifying area―
(i) for the purposes of section 372D―
(I) one or more of the categories of building or structure mentioned in subsection (2) shall or shall not be a qualifying premises within the meaning of that section, and
(II) that area or those areas shall be a qualifying area for the purposes of either or both the construction of, and the refurbishment of, a qualifying premises within the meaning of that section;
(ii) for the purposes of section 372AR, that area or those areas shall be a qualifying area for the purposes of one or more of the following:
(I) the construction of,
(II) the conversion into, and
(III) the refurbishment (within the meaning of Chapter 11 of this Part) of,
a qualifying premises (within the meaning of that Chapter),]2
[(ba) where such an area or areas is or are to be a qualifying area for the purposes of section 372AP, that section shall apply in relation to that area or those areas in so far as that section relates to one or more of the following:
(i) expenditure incurred on the construction of a house,
(ii) conversion expenditure incurred in relation to a house, and
(iii) refurbishment expenditure incurred in relation to a house,]3
[(c) as respects any such area so described in the order and in so far as this Chapter is concerned, the definition of "qualifying period" in section 372A shall be construed as a reference to such period as shall be specified in the order in relation to that area; but no such period specified in the order shall commence before 1 August 1998 or end after―
(i) 31 December 2002, or
(ii) where section 372A(1A) applies, [31 December 2006, or]4]5
[(iii) where subsections (1A) and (3) of section 372A apply, 31 July 2008,]6
[(d) as respects any such area so described in the order and in so far as Chapter 11 of this Part is concerned, the definition of "qualifying period" in section 372AL shall be construed as a reference to such period as shall be specified in the order in relation to that area; but no such period specified in the order shall commence before 1 August 1998 or end after―
(i) 31 December 2002, or
(ii) where section 372AL(2) applies, [31 December 2006, or]7
[(iii) where subsections (2) and (3) of section 372AL apply, 31 July 2008.]8]9
Amendments
1 Substituted by Finance Act 2002 section 24(1) and Schedule 2 Part 2 para 2(b)(i)(I).
2 Subs (1)(b) substituted by Finance Act 2003 section 27(b)(i) as on and from 1 March 1999; previously substituted by Finance Act 2000 section 44(1)(b)(i) and Urban Renewal Act 1998 section 19(a).
3 Subs (1)(ba) inserted by Finance Act 2002 section 24(1) and Schedule 2 Part 2 para 2(b)(i)(II).
4 Substituted by Finance Act 2006 section 30(1)(b)(i)(I) from 26 June 2006 (appointed by the Minister for Finance under Finance Act 2006 (Section 30) (Commencement of Certain Provisions) Order 2006 (SI 327/2006)).
5 Subs (1)(c) substituted by Finance Act 2002 section 23(1)(c)(i) from 10 September 2002 (appointed by the Minister for Finance under Finance Act 2002 (Commencement of Paragraphs (B), (C)(I) and (D) of Section 23(1)) Order 2002 (SI 459/2002)).
6 Subs (1)(c)(iii) inserted by Finance Act 2006 section 30 (1)(b)(i)(II) from 26 June 2006 (appointed by the Minister for Finance under Finance Act 2006 (Section 30) (Commencement of Certain Provisions) Order 2006 (SI 327/2006)).
7 Substituted by Finance Act 2006 section 30(1)(b)(ii)(I) from 1 January 2006.
8 Subs (1)(d)(iii) inserted by Finance Act 2006 section 30(1)(b)(ii)(II) from 1 January 2006.
9 Subs (1)(d) inserted by Finance Act 2002 section 23(1)(c)(ii).
(2) The categories of building or structure referred to in subsection (1)(b)(i)(I) shall be―
(a) buildings or structures which consist of office accommodation,
(b) multi-storey car parks,
(c) any other buildings or structures and in respect of which not more than 10 per cent of the capital expenditure incurred in the qualifying period on their construction or refurbishment relates to the construction or refurbishment of office accommodation,
(d) the facade of a building or structure or part of a building or structure referred to in paragraph (a),
(e) the facade of a building or structure or part of a building or structure referred to in paragraph (c).
Amendments
Subs (2) substituted by Finance Act 2003 section 27(b)(ii) as on and from 1 March 1999.
(2A) The power to make an order under subsection (1) includes the power to amend or revoke the order.
Amendments
Subs (2A) inserted by Finance Act 2003 section 27(b)(iii) as on and from 1 March 1999.
(3) Every order made by the Minister for Finance under subsection (1) shall be laid before Dáil Éireann as soon as may be after it is made and, if a resolution annulling the order is passed by Dáil Éireann within the next 21 days on which Dáil Éireann has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
(4) Notwithstanding an order under subsection (1), the granting of relief by virtue of any provision of [this Chapter or Chapter 11 of this Part]1 [in respect of the construction, refurbishment or conversion of a building, structure or house, the site of which is wholly within a qualifying area,]2 shall be subject to such other requirements as may be specified in or under the Act referred to in section 372A(2).
Amendments
1 Substituted by Finance Act 2002 section 24(1) and Schedule 2 Part 2 para 2(b)(ii).
2 Inserted by Finance Act 2001 section 60(b).
