S.I. No. 94/1927 - Estate Duty Grant Order, 1927.

STATUTORY RULES AND ORDERS. 1927. Uimh. 94.

ESTATE DUTY GRANT ORDER, 1927.

WHEREAS by section 12 of the Adaptation of Enactments Act, 1922 (No. 2 of 1922) the Executive Council of Saorstát Eireann is empowered from time to time by order to make all such general or specific adaptations of or modifications in any British Statute which in the opinion of the Executive Council are necessary in order to enable such Statute to have full force and effect in Saorstát Eireann :

AND WHEREAS in the opinion of the Executive Council the adaptations and modifications intended to be made by this Order of and in the Statutes of the late United Kingdom respectively entitled the Probate Duties (Scotland and Ireland) Act, 1888, the Purchase of Land (Ireland) Act, 1891, the Finance Act, 1894, and the Finance Act, 1907, being " British Statutes " within the meaning of the said Adaptation of Enactments Act, 1922 , are necessary in order to enable those Statutes to have full force and effect in Saorstát Eireann :

NOW, the Executive Council of Saorstát Eireann, in exercise of the power in this behalf conferred on them by the said section 12 of the Adaptation of Enactments Act, 1922 (No. 2 of 1922) and of every and any other power them in this behalf enabling, do hereby order as follows:—

1. This Order may be cited for all purposes as the " Estate Duty Grant Order, 1927. "

2. The Finance Act, 1894, in its application to Saorstát Eireann shall be construed and take effect as if the following section were inserted in that Act in lieu and stead of section 19 thereof, that is to say :—

In every financial year, at such times and in such manner as the Minister for Finance shall direct, there shall be paid out of the Central Fund to the Guarantee Fund established and maintained under the Land Purchase Acts such sum as the Revenue Commissioners may determine to be an amount equal to one and one-half per cent. of the net value of such of the property in respect of which Estate Duty is leviable as would, if the Finance Act, 1894, had not been passed, have been chargeable with the duty imposed by section 27 of the Customs and Inland Revenue Act, 1881, on Inland Revenue affidavits.

3. Section 1 of the Probate Duties (Scotland and Ireland) Act, 1888, shall not apply in Saorstát Eireann.

4. Sub-section (8) of section 15 of the Purchase of Land (Ireland) Act, 1891, and so much of section 17 of the Finance Act, 1907, as relates to the estate duty grants paid under section 19 of the Finance Act, 1894, shall cease to have effect in Saorstát Eireann.

5. The Interpretation Act, 1889, applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas passed before the 1st day of January, 1924.

Dublin.

This 17th day of November, 1927.