S.I. No. 567/2010 - Valuation Act 2001 (Global Valuation) (Apportionment) (Iarnród Éireann) Order 2010.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 3rd December, 2010.

I, BRIAN LENIHAN, Minister for Finance, in exercise of the powers conferred on me by sections 53 (8) and 58 of the Valuation Act 2001 (No. 13 of 2001) (as adapted by the Environment and Local Government (Alteration of Name of Department and Title of Minister) Order 2003 ( S.I. No. 233 of 2003 )) after consultation with the Minister for the Environment, Heritage and Local Government, hereby order as follows:

1. (1) This Order may be cited as the Valuation Act 2001 (Global Valuation) (Apportionment) (Iarnród Éireann) Order 2010.

(2) In this Order “Act of 2001” means Valuation Act 2001 (No. 13 of 2001).

2. (1) The Commissioner of Valuation shall apportion the global valuation of Iarnród Éireann, determined pursuant to section 53(6)(a) of the Act of 2001, between rating authorities in accordance with paragraphs (2) and (3).

(2)(a) The global valuation shall first be apportioned between three groupings of the rating authorities in whose areas property comprised in the global valuation is situate as follows:

(i) 45 per cent of the global valuation shall be apportioned to all of those rating authorities that are City Councils and in whose areas property comprised in the valuation is situate;

(ii) 35 per cent of the global valuation shall be apportioned to all of those rating authorities that are County Councils and in whose areas property comprised in the valuation is situate;

(iii) 20 per cent of the global valuation shall be apportioned to all of those rating authorities that are Town or Borough Councils and in whose areas property comprised in the valuation is situate.

(b) The apportionment to each grouping of rating authorities shall then be apportioned between individual rating authorities within that grouping as follows:

(i) each rating authority shall first receive an apportionment equal to €30,000;

(ii) the amount of the apportionment to each grouping remaining shall then be apportioned between the rating authorities within that grouping in the proportion, expressed as a percentage, that the number of passengers using Iarnród Éireann passenger services in the area of each such authority (as determined by Iarnród Éireann) bears to the total number of passengers using Iarnród Éireann passenger services in the areas of all the rating authorities within that grouping.

(3)(a) In respect of the period for which an existing valuation list remains in force in relation to the area of a rating authority to which paragraph (2) relates, the valuation apportioned to such authority under that paragraph shall be adjusted by a factor of 0.002411 to establish the valuation to be entered in the central valuation list pursuant to section 58 of the Act of 2001. The apportioned and adjusted valuation for each rating authority shall, subject to paragraph (b), be rounded to the nearest whole euro.

(b) Where the apportioned and adjusted valuation established pursuant to subparagraph (a) results in the amount concerned being an amount in euro and 50 cent that amount shall be rounded upwards to the nearest whole euro.

GIVEN under my Official Seal,

29 November 2010.

BRIAN LENIHAN,

Minister for Finance.