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Finance Act, 1951

Exception from application of section 13 of Finance (No. 2) Act, 1947, and sections 24 and 25 of Finance Act, 1949.

19.—(1) This section applies to every conveyance or transfer and every lease (whether a conveyance, transfer or lease executed before or after the passing of this Act) of a house in respect of which a grant has been or will be made under section 16 of the Housing (Amendment) Act, 1948 (No. 1 of 1948), or under section 6 of the Housing (Amendment) Act, 1950 (No. 25 of 1950), being a conveyance, transfer or lease—

(a) which under the enactments in force immediately before the passing of this Act would have been proper to be charged with stamp duty by reference to subsection (1) or subsection (3) of section 13 of the Finance (No. 2) Act, 1947 (No. 33 of 1947), or subsection (1) or subsection (3) of section 24 of the Finance Act, 1949 (No. 13 of 1949), and

(b) which is to a person—

(i) who is the person to whom the said grant has been or will be paid, or

(ii) who is a member of the public utility society to which the said grant has been or will be paid,

as the case may be.

(2) Section 13 of the Finance (No. 2) Act, 1947 , and sections 24 and 25 of the Finance Act, 1949 , shall not apply and shall be deemed never to have applied to any instrument to which this section applies and, where the amount of duty paid in respect of any such instrument exceeds the amount which would have been chargeable if those sections had not been enacted, the excess may be repaid.

(3) An instrument to which this section applies and which is stamped at a rate less than the rate which, but for the provisions of this section, would be chargeable by reference to subsection (1) or subsection (3) of section 13 of the Finance (No. 2) Act, 1947 , or subsection (1) or subsection (3) of section 24 of the Finance Act, 1949 , as may be appropriate, shall be deemed not to be duly stamped unless the Revenue Commissioners have expressed their opinion thereon in accordance with section 12 of the Stamp Act, 1891.