Finance Act, 1974

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Amendment of Provisional Collection of Taxes Act, 1927.

85.—(1) The Provisional Collection of Taxes Act, 1927 , is hereby amended—

(a) by the substitution of “Dáil Éireann” for “the Committee on Finance” in section 2,

(b) by the substitution of the following section for section 4:

“4.—A resolution under this Act shall cease to have statutory effect upon the happening of whichever of the following events first occurs, that is to say:

(a) if a Bill containing provisions to the same effect (with or without modifications) as the resolution is not read a second time by Dáil Éireann within the next twenty days on which Dáil Éireann sits after the resolution is passed by Dáil Éireann;

(b) if those provisions of the said Bill are rejected by Dáil Éireann during the passage of the Bill through the Oireachtas;

(c) the coming into operation of an Act of the Oireachtas containing provisions to the same effect (with or without modification) as the resolution;

(d) the expiration of a period of four months from the date on which the resolution is expressed to take effect or, where no such date is expressed, from the passing of the resolution by Dáil Éireann.”,

(c) by the deletion of subsection (2) of section 5, and

(d) by the substitution of “Dáil Éireann” for “the Committee on Finance” in section 6 (1) (a),

and the said sections 2 and 6 (1) (a), as so amended, are set out in the Table to this section.

(2) This section shall come into operation on such day as the Minister for Finance appoints by order.

TABLE

2.—Whenever a resolution (in this Act referred to as a resolution under this Act) is passed by Dáil Éireann resolving—

(a) that a new tax specified in the resolution be imposed, or

(b) that a specified permanent tax in force immediately before the end of the previous financial year be increased, reduced, or otherwise varied, or be abolished, or

(c) that a specified temporary tax in force immediately before the end of the previous financial year be renewed (whether at the same or a different rate and whether with or without modification) as from the date of its normal expiration or from an earlier date or be discontinued on a date prior to the date of its normal expiration,

and the resolution contains a declaration that it is expedient in the public interest that the resolution should have statutory effect under the provisions of this Act, the resolution shall, subject to the provisions of this Act, have statutory effect as if contained in an Act of the Oireachtas.

(1) (a) if a resolution under this Act renewing the tax (with or without modification) is not passed by Dáil Éireann within two months after the expiration of the tax, the amount of such payment or deduction shall be repaid or made good on the expiration of such two months, and