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Amendment of Chapter 10 (designated areas of certain towns) of Part 10 of Principal Act.
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29.—(1) Chapter 10 of Part 10 of the Principal Act is amended—
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(a) in section 372AA(1)—
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(i) by inserting the following after “In this Chapter—”:
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“ ‘facade’, in relation to a building or structure, part of a building or structure, or a house, means the exterior wall of the building or structure, the part of the building or structure or, as the case may be, the house which fronts on to a street;”,
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(ii) in the definition of “refurbishment” by substituting “structure;” for “structure.”, and
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(iii) by inserting the following after the definition of “refurbishment”:
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“ ‘street’, includes part of a street and the whole or part of any road, square, quay or lane.”,
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(b) in section 372AB—
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(i) by substituting the following for paragraph (b) of subsection (1):
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“(b) where such an area or areas is or are to be a qualifying area—
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(i) for the purposes of section 372AC, that area or those areas shall be a qualifying area for the purposes of one or more of the following—
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(I) the construction,
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(II) the refurbishment, and
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(III) the refurbishment of the facade,
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of a building or structure to which that section applies,
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(ii) for the purposes of section 372AD—
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(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
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(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,
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and
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(iii) for the purposes of section 372AR, that area or those areas may be a qualifying area for the purposes of one or more of the following—
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(I) the construction of,
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(II) the conversion into,
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(III) the refurbishment (within the meaning of Chapter 11 of this Part) of, and
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(IV) the refurbishment (within the meaning of Chapter 11 of this Part) of the facade of,
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a qualifying premises (within the meaning of that Chapter),”,
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(ii) by substituting the following for paragraphs (ba)(ii) and (ba)(iii) of subsection (1):
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“(ii) conversion expenditure incurred in relation to a house,
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(iii) refurbishment expenditure incurred in relation to a house, and
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(iv) refurbishment expenditure incurred in relation to the facade of a house,”,
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(iii) by substituting the following for subsection (2):
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“(2) The categories of building or structure referred to in subsection (1)(b)(ii)(I) shall be—
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(a) buildings or structures in use as offices,
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(b) 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 buildings or structures in use as offices,
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(c) the facade of a building or structure or part of a building or structure referred to in paragraph (a), and
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(d) the facade of a building or structure or part of a building or structure referred to in paragraph (b).”,
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and
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(iv) by inserting the following after subsection (2):
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“(2A) The power to make an order under subsection (1) includes the power to amend or revoke the order.”,
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(c) in section 372AD(2)(a), by substituting the following for subparagraph (ii):
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“(ii) where any activity—
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(I) carried on in the qualifying premises, or
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(II) in a case where the facade of a building or structure or part of a building or structure is a qualifying premises, carried on in the building or structure or the part of the building or structure,
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is not a trade, as if it were a trade.”,
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and
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(d) in section 372AJ—
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(i) in subsection (1), by substituting the following for paragraph (c):
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“(c) in respect of expenditure incurred on or after 1 January 2003 on the construction or refurbishment of any building or structure or qualifying premises provided for the purposes of a project which is subject to the notification requirements of—
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(i) the ‘Multisectoral framework on regional aid for large investment projects’1
prepared by the Commission of the European Communities and dated 7 April 1998, or
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(ii) the ‘Multisectoral framework on regional aid for large investment projects’2
prepared by the Commission of the European Communities and dated 19 March 2002,
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as the case may be, unless approval of the potential capital allowances involved has been received from that Commission by the Minister for Finance, or by such other Minister of the Government, agency or body as may be nominated for that purpose by the Minister for Finance.”,
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and
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(ii) in subsection (2), by substituting “sections 372AC and 372AD” for “sections 372AC, 372AD, 372AF and 372AG”.
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(2) (a) Subject to paragraphs (b) and (c), subsection (1) is deemed to have applied as on and from 6 April 2000.
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(b) Paragraph (d)(i) of subsection (1) applies as on and from 1 January 2003.
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(c) Paragraph (d)(ii) of subsection (1) is deemed to have applied as on and from 1 January 2002.
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1 OJ No. C 107, 7.4.1998, p.7
2 OJ No. C 70, 19.3.2002, p.8 |
