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19 1973

FINANCE ACT, 1973

PART VI

Miscellaneous

Capital Services Redemption Account.

91. —(1) In this section—

the principal section” means section 22 of the Finance Act, 1950;

the 1972 amending section” means section 40 of the Finance Act, 1972 ;

the twenty-third additional annuity” means the sum charged on the Central Fund under subsection (4) of this section;

the Minister”, “the Account” and “capital services” have the same meanings respectively as they have in the principal section.

(2) Subsection (4) of the 1972 amending section shall, in relation to the twenty-nine successive financial years commencing with the financial year ending on the 31st day of March, 1974, have effect with the substitution of “£4,647,544” for “£4,650,815”.

(3) Subsection (6) of the 1972 amending section shall have effect with the substitution of “£2,933,771” for “£2,993,830”.

(4) A sum of £5,452,955 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 March, 1974.

(5) The twenty-third additional annuity shall be paid into the Account in such manner and at such times in the relevant financial year as the Minister may determine.

(6) Any amount of the twenty-third additional annuity, not exceeding £3,510,185 in any financial year, may be applied towards defraying the interest on the public debt.

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

Securities of certain European bodies.

92. —(1) This section applies to any stock or other form of security issued in the State by the European Coal and Steel Community, the European Atomic Energy Community or the European Investment Bank.

(2) Any stock or other form of security to which this section applies shall be deemed—

(a) to be a security issued under the authority of the Minister for Finance within the meaning of section 466 of the Income Tax Act, 1967 , and

(b) to be a security to which section 63 of the Finance Act, 1969 , applies,

and those sections shall apply and have effect accordingly.

(3) Section 34 of the Finance Act, 1956 , is hereby amended by the addition to subsection (1) of “, or of section 92 of the Finance Act, 1973.”.

(4) Section 474 of the Income Tax Act, 1967 , is hereby amended by the addition to subsection (1) of “or section 92 of the Finance Act, 1973.”.

(5) Any stock or other form of security to which this section applies shall be exempt from death duties in connection with the death of any person dying after the passing of this Act who was not domiciled or ordinarily resident in the State at the time of his death and section 39 of the Finance Act, 1970 , shall apply to any such stock or other form of security.

(6) The First Schedule (as amended by the Finance Act, 1970 ) to the Stamp Act, 1891, is hereby amended by the insertion in paragraph 1 of the Heading “GENERAL EXEMPTIONS FROM ALL STAMP DUTIES” after subparagraph (i) of the following paragraph :

“(ia) transfers of any stock or other form of security to which section 92 of the Finance Act, 1973, applies,”.

Amendment of Finance (Excise Duties) (Vehicles) Act, 1952.

93. —(1) The Finance (Excise Duties) (Vehicles) Act, 1952 , shall, as respects licences under section 1 of that Act for periods beginning on or after the 1st day of June, 1973, be amended by the substitution in paragraph 1 (a) of Part I of the Schedule thereto of £2, £5, £8, £12 and £15 as the rates of duty in lieu of £1.50, £3, £4.50, £7.00 and £9.50

(2) The Finance (Excise Duties) (Vehicles) Act, 1952 , shall, as respects licences under section 1 of that Act for periods beginning on or after the 1st day of June, 1973, be amended by the substitution in Part I of the Schedule thereto of the following subparagraphs for subparagraphs (b), (c) and (d) of paragraph 4:

“(b) tractors (being tractors designed and constructed primarily for use otherwise than on roads and incapable by reason of their construction of exceeding a speed of 25 miles per hour on a levels road under their own power) and agricultural engines, not being tractors or engines used for hauling on roads any objects except their own necessary gear, threshing appliances, farming implements or supplies of fuel or water required for the purposes of the vehicles or agricultural purposes

£1.

(c) tractors (being tractors designed and constructed primarily for use otherwise than on roads and incapable by reason of their construction of exceeding a speed of 25 miles per hour on a level road under their own power and not being tractors in respect of which a duty is chargeable at the rate specified in subparagraph (b) of this paragraph) which are used for haulage in connection with agriculture and for no other purpose

£5.

Where a tractor is fitted with a detachable platform, container or implement (being a platform, container or implement used primarily for farm work), goods or burden of any other description conveyed on or in the platform, container or implement shall be regarded for the purposes of this subparagraph as being hauled by the tractor.

(d) tractors of any other description

£50.”

(3) The Finance (Excise Duties) (Vehicles) Act, 1952 , shall, as respects licences under section 1 of that Act for periods beginning on or after the 1st day of June, 1973, be amended by the substitution in Part I of the Schedule thereto of the following paragraph for paragraph 5:

“5. Vehicles (including tricycles weighing more than 8 cwt. unladen) constructed or adapted for use and used for the conveyance of goods or burden of any other description in the course of trade or business (including agriculture and the performance by a local or public authority of its functions) and vehicles constructed or adapted for use and used for the conveyance of a machine, workshop, contrivance or implement by or in which goods being conveyed by such vehicles are processed or manufactured while the vehicles are in motion:

(a) being vehicles which are electrically propelled and which do not exceed 25 cwt. in weight unladen

£20

(b) being vehicles which are not such electrically propelled vehicles as aforesaid—

(i) not exceeding 12 cwt. in weight unladen

£25

(ii) exceeding 12 cwt. but not exceeding 16 cwt. in weight unladen

£31

(iii) exceeding 16 cwt. but not exceeding 1 ton in weight unladen

£37

(iv) exceeding 1 ton but not exceeding 2 tons in weight unladen

£37, plus £6 for each quarter-ton, or part thereof, of weight unladen in excess of 1 ton

(v) exceeding 2 tons but not exceeding 3 tons in weight unladen

£61, plus £8 for each quarter-ton, or part thereof, of weight unladen in excess of 2 tons

(vi) exceeding 3 tons but not exceeding 4 tons in weight unladen

£93, plus £8 for each quarter-ton, or part thereof, of weight unladen in excess of 3 tons

(vii) exceeding 4 tons but not exceeding 5 tons in weight unladen

£125, plus £10 for each quarter-ton, or part thereof, of weight unladen in excess of 4 tons

(viii) exceeding 5 tons but not exceeding 6 tons in weight unladen

£165, plus £15 for each quarter-ton, or part thereof, of weight unladen in excess of 5 tons

(ix) exceeding 6 tons in weight unladen

£225, plus £20 for each quarter-ton, or part thereof, of weight unladen in excess of 6 tons

with an additional duty, in the case of any vehicle used for drawing a trailer, of—

(I) where the vehicle does not exceed 2 tons in weight unladen

£14

(II) where the vehicle exceeds 2 tons but does not exceed 3 tons in weight unladen

£18

(III) where the vehicle exceeds 3 tons but does not exceed 4 tons in weight unladen

£24

(IV) where the vehicle exceeds 4 tons but does not exceed 5 tons in weight unladen

£32

(V) where the vehicle exceeds 5 tons but does not exceed 6 tons in weight unladen

£42

(VI) where the vehicle exceeds 6 tons in weight unladen

£54.”

(4) Subject to subsection (5) of this section, the Finance (Excise Duties) (Vehicles) Act, 1952 , shall, as respects licences under section 1 of that Act for periods beginning on or after the 1st day of June, 1973, be amended by the substitution in Part I of the Schedule thereto of the following subparagraph for subparagraph (d) of paragraph 6:

“(d) other vehicles to which this paragraph applies—

£

not exceeding 8 horse-power or electrically propelled

22

exceeding 8 horse-power but not exceeding 9 horse-power

25.50

exceeding 9 horse-power but not exceeding 10 horse-power

£29

exceeding 10 horse-power but not exceeding 11 horse-power

33

exceeding 11 horse-power but not exceeding 12 horse-power

37.50

exceeding 12 horse-power but not exceeding 13 horse-power

42

exceeding 13 horse-power but not exceeding 14 horse-power

46-50

exceeding 14 horse-power but not exceeding 15 horse-power

51

exceeding 15 horse-power

55.”

(5) Subsection (4) of this section shall not have effect in relation to any vehicle—

(a) which is used as a small public service vehicle within the meaning of the Road Traffic Act, 1961 , and for no other purpose,

(b) which is fitted with a taximeter and is lawfully used as a street service vehicle within the meaning of the Road Traffic Act, 1961 , or for purposes incidental to such user and for no other purpose, or

(c) which is used as a hearse and for no other purpose.

(6) The proceeds, calculated in such manner as the Minister for Finance may direct, of—

(a) the variations of duties effected by this section and section 95 of this Act,

(b) the duty imposed by section 94 of this Act, and

(c) the increases of fees effected by the Road Traffic (Licensing of Drivers) (Amendment) Regulations, 1973,

shall, notwithstanding section 3 of the Finance (Excise Duties) (Vehicles) Act, 1952 , be disregarded in any determination of a sum to be issued out of the Central Fund under section 2 (1) of the Roads Act, 1920.

Charge on first licensing of mechanically propelled vehicles.

94. —(1) Subject to the provisions of this section, as on and from the 1st day of June, 1973, before a person proposing to do so takes out a licence under section 1 of the Finance (Excise Duties) (Vehicles) Act, 1952 , in respect of a mechanically propelled vehicle specified in subsection (2) of this section not previously the subject of a licence under that section, a duty of excise shall, in addition to the duty of excise chargeable in respect of the vehicle under that section, be charged, levied and paid on and by the person at the appropriate rate specified in the said subsection (2).

(2) The duty imposed by subsection (1) of this section shall be at the following rates:

(a) £1 in relation to a vehicle in respect of which the said duty chargeable under the said section 1 is payable at a rate specified in paragraph 1 of Part I of the Schedule to the said Act;

(b) £5 in relation to any other vehicle (not being a vehicle in respect of which the said duty of excise is not chargeable or leviable).

(3) The duty under this section shall be charged, levied and paid immediately before the taking out of the licence under the said section 1 and shall be collected by and paid to the licensing authority and shall be paid by that authority into the Exchequer in accordance with such directions as may from time to time be given by the Minister for Finance.

(4) For the purpose of levying the duty under this section, a licensing authority shall have within their county or county borough the same powers, duties and liabilities as the Revenue Commissioners and their officers have with respect to duties of excise, and the enactments relating to duties of excise and to punishments and to penalties in connection therewith shall apply accordingly.

(5) Sums paid into the Exchequer and penalties recovered pursuant to this section shall, for the purpose of section 2 of the Roads Act, 1920, be deemed to have been paid into the Exchequer under that Act.

(6) The Road Vehicles (Registration and Licensing) Order, 1958, shall apply in relation to the duty imposed by this section as if it were a duty imposed by section 1 of the Finance (Excise Duties) (Vehicles) Act, 1952 .

Increase of driving licence duty.

95. —The Finance (Excise Duties) (Vehicles) Act, 1952 , shall, as on and from the 1st day of June, 1973, be amended by the substitution in section 4 (1A) (inserted by the Finance Act, 1961 ) of the following paragraphs for paragraphs (a) and (b):

“(a) two pounds if the period of the licence is one year, and

(b) two pounds for each year of the period of the licence if that period is two or more years.”.

Repeals.

96. —(1) Each enactment mentioned in column (2) of the Eleventh Schedule to this Act is hereby repealed to the extent specified in column (3) of that Schedule.

(2) This section shall come into operation on the 1st day of August, 1973, or the date of the passing of this Act, whichever is the later:

Provided that, for the purposes of subsections (1) and (3) of section 71 of this Act, this section shall be deemed to have come into operation on the 1st day of January, 1973.

Care and management of taxes and duties.

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

Short title, construction and commencement.

98. —(1) This Act may be cited as the Finance Act, 1973.

(2) Part I and section 92 of this Act (so far as relating to income tax, including sur-tax) shall be construed together with the Income Tax Acts and (so far as relating to corporation profits tax) shall be construed together with Part V of the Finance Act, 1920, and the enactments amending or extending that Part.

(3) Part II of this Act, so far as it relates to customs, shall be construed together with the Customs Acts and the said Part II and sections 93 and 95 of this Act, so far as they relate to duties of excise, shall be construed together with the Statutes which relate to the duties of excise and the management of those duties.

(4) Part IV of this Act and (so far as relating to stamp duties) section 92 of this Act shall be construed together with the Stamp Act, 1891, and the enactments amending or extending that Act.

(5) Part V of this Act shall be construed together with the Value-Added Tax Act, 1972 .

(6) Part I of this Act 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, 1973.

(7) 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.