Finance Act, 2002

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Interpretation (Chapter 11).

372AK.—In this Chapter—

‘certificate of compliance’ and ‘certificate of reasonable cost’ shall be construed, respectively, in accordance with section 372AM;

‘conversion expenditure’ shall be construed in accordance with section 372AN;

‘eligible expenditure’ shall be construed in accordance with section 372AN;

‘existing building’ has the same meaning as in section 372A;

‘facade’, in relation to a house, means the exterior wall of the house which fronts on to a street;

‘guidelines’, in relation to a house the site of which is wholly within the site of a qualifying park and ride facility, has the same meaning as in section 372U;

‘house’ includes any building or part of a building used or suitable for use as a dwelling and any outoffice, yard, garden or other land appurtenant to or usually enjoyed with that building or part of a building;

‘lease’, ‘lessee’ and ‘lessor’ have the same meanings, respectively, as in Chapter 8 of Part 4;

‘Minister’, except where the context otherwise requires, means the Minister for the Environment and Local Government;

‘necessary construction’ has the same meaning as in section 372A and any reference in this Chapter (other than in section 372AR(1)(a)) to construction shall, in the case of a house which fronts on to a qualifying street or is comprised in a building or part of a building which fronts on to a qualifying street, apply as if it were a reference to necessary construction, unless the context requires otherwise;

‘premium’ has the same meaning as in Chapter 8 of Part 4;

‘qualifying expenditure’ shall be construed in accordance with section 372AQ;

‘qualifying lease’ shall be construed in accordance with section 372AO;

‘qualifying period’ shall be construed in accordance with section 372AL;

‘qualifying park and ride facility’ has the same meaning as in section 372U(1);

‘qualifying premises’ shall be construed in accordance with section 372AM;

‘qualifying rural area’ means any area described in Schedule 8A;

‘qualifying street’ means a street specified as a qualifying street under section 372BA;

‘qualifying student accommodation area’ means an area or areas specified as a qualifying area in the relevant guidelines;

‘qualifying town area’ means an area or areas specified as a qualifying area under section 372AB;

‘qualifying urban area’ means an area or areas specified as a qualifying area under section 372B;

‘refurbishment’ means—

(a) in relation to a building or a part of a building other than a special specified building, either or both of the following—

(i) the carrying out of any works of construction, reconstruction, repair or renewal, and

(ii) the provision or improvement of water, sewerage or heating facilities,

where the carrying out of such works or the provision of such facilities is certified by the Minister, in any certificate of reasonable cost or certificate of compliance, as the case may be, granted by the Minister under section 372AM,

(b) in relation to a facade, any works of construction, reconstruction, repair or renewal in the course of the repair or restoration, or maintenance in the nature of repair or restoration, of a facade, and

(c) in relation to a special specified building, any works of construction, reconstruction, repair or renewal, including the provision or improvement of water, sewerage or heating facilities, carried out in the course of the repair or restoration, or maintenance in the nature of repair or restoration, of the building or for the purposes of compliance with the requirements of the Housing (Standards for Rented Houses) Regulations 1993 ( S.I. No. 147 of 1993 ),

but paragraph (c) shall not apply for the purposes of sections 372AQ and 372AR;

‘refurbishment expenditure’ shall be construed in accordance with section 372AN;

‘relevant cost’ has the same meaning as in section 372AP;

‘relevant guidelines’, in relation to a house or building the site of which is wholly within a qualifying student accommodation area, means guidelines entitled ‘Guidelines on Residential Developments for 3^rd Level Students’ issued by the Minister for Education and Science in consultation with the Minister and with the consent of the Minister for Finance, or such other guidelines amending or replacing those guidelines issued in accordance with section 372AM(1)(c);

‘relevant local authority’, in relation to—

(a) a qualifying urban area, means the county council or the city council or the borough council or, where appropriate, the town council, within the meaning of the Local Government Act, 2001 , in whose functional area the area is situated, and

(b) the construction of a house the site of which is wholly within the site of a qualifying park and ride facility and which is a qualifying premises for the purposes of this Chapter, has the same meaning as it has in section 372U(1) in relation to the construction or refurbishment of a park and ride facility or a qualifying premises within the meaning of section 372W;

‘relevant period’ has the meaning assigned to it in section 372AP;

‘rent’ has the same meaning as in Chapter 8 of Part 4;

‘replacement building’ has the same meaning as in section 372A;

‘special qualifying premises’ shall be construed in accordance with section 372AM;

‘special specified building’ and ‘specified building’ have the same meanings, respectively, as in section 372AN(6);

‘street’ includes part of a street and the whole or part of any road, square, quay or lane;

‘tax incentive area’ means—

(a) a qualifying urban area,

(b) a qualifying rural area,

(c) the site of a qualifying park and ride facility,

(d) a qualifying town area, or

(e) a qualifying student accommodation area;

‘total floor area’ means the total floor area of a house measured in the manner referred to in section 4 (2)(b) of the Housing (Miscellaneous Provisions) Act, 1979 .

Qualifying period.

372AL.—(1) For the purposes of this Chapter, ‘qualifying period’, in relation to—

(a) a qualifying urban area, means, subject to section 372B, the period commencing on 1 August 1998 and ending on—

(i) 31 December 2002, or

(ii) where subsection (2) applies, 31 December 2004,

(b) a qualifying street, means, subject to section 372BA, the period commencing on 6 April 2001 and ending on 31 December 2004,

(c) a qualifying rural area, means—

(i) for the purposes of sections 372AP and (in so far as it relates to that section) section 372AS, the period commencing on 1 June 1998 and ending on 31 December 2004, and

(ii) for the purposes of section 372AR and (in so far as it relates to that section) section 372AS, the period commencing on 6 April 1999 and ending on 31 December 2004,

(d) the site of a qualifying park and ride facility, means the period commencing on 1 July 1999 and ending on 30 June 2004,

(e) a qualifying town area, means, subject to section 372AB, the period commencing on 1 April 2000 and ending on 31 December 2003,

(f) a qualifying student accommodation area, means the period commencing on 1 April 1999 and ending on—

(i) 31 March 2003, or

(ii) 30 September 2005, in relation to a building the site of which is wholly within such an area, where an application for planning permission, in so far as it is required, for the construction, conversion or, as the case may be, refurbishment of the building was received by a planning authority on or before 30 September 2003,

and

(g) a special specified building, means the period commencing on 6 April 2001.

(2) (a) This subsection shall apply where the relevant local authority gives a certificate in writing on or before 30 April 2003, to the person constructing, converting or, as the case may be, refurbishing a building or part of a building, the site of which is wholly within a qualifying urban area, stating that it is satisfied that not less than 15 per cent of the total cost of constructing, converting or refurbishing the building or the part of the building, as the case may be, and the site thereof had been incurred on or before 31 December 2002.

(b) In considering whether to give a certificate referred to in paragraph (a), the relevant local authority shall have regard only to guidelines issued by the Department of the Environment and Local Government in relation to the giving of such certificates.

Grant of certain certificates and guidelines, qualifying and special qualifying premises.

372AM.—(1) (a) The Minister may grant a certificate (in this Chapter referred to as a ‘certificate of compliance’) for the purposes of section 372AP or 372AR, as the case may be, certifying that, at the time of granting the certificate and on the basis of the information available to the Minister at that time—

(i) the house to which the certificate relates complies—

(I) in the case of construction, with such conditions, if any, as may be determined by the Minister from time to time for the purposes of section 4 of the Housing (Miscellaneous Provisions) Act, 1979 , in relation to standards of construction of houses and the provision of water, sewerage and other services in houses,

(II) in the case of conversion or refurbishment, with such conditions, if any, as may be determined by the Minister from time to time for the purposes of section 5 of the Housing (Miscellaneous Provisions) Act, 1979 , in relation to standards for improvement of houses and the provision of water, sewerage and other services in houses,

(ii) the total floor area of that house is within the relevant floor area limits as specified in subsection (4), and

(iii) in the case of refurbishment, the refurbishment work was necessary for the purposes of ensuring the suitability as a dwelling of any house in the building or the part of the building and whether or not the number of houses in the building or the part of the building, or the shape or size of any such house, is altered in the course of such refurbishment,

but—

(A) in the case of a house the site of which is wholly within a qualifying town area, such certificate shall be granted only where an application has been received by the Minister within a period of one year from the day next after the end of the qualifying period, and

(B) in the case of a house, the site of which is wholly within a qualifying student accommodation area, such certificate shall be granted having regard to the relevant guidelines.

(b) (i) The Minister may grant a certificate (in this Chapter referred to as a ‘certificate of reasonable cost’) for the purposes of section 372AP or 372AR, as the case may be, certifying that, at the time of granting the certificate and on the basis of the information available to the Minister at that time—

(I) the house to which the certificate relates complies—

(A) in the case of construction, with such conditions, if any, as may be determined by the Minister from time to time for the purposes of section 4 of the Housing (Miscellaneous Provisions) Act, 1979 , in relation to standards of construction of houses and the provision of water, sewerage and other services in houses,

(B) in the case of conversion or refurbishment, with such conditions, if any, as may be determined by the Minister from time to time for the purposes of section 5 of the Housing (Miscellaneous Provisions) Act, 1979 , in relation to standards for improvement of houses and the provision of water, sewerage and other services in houses,

(II) the amount specified in the certificate in relation to the cost of construction of, conversion into, or, as the case may be, refurbishment of, the house to which the certificate relates appears to the Minister to be reasonable,

(III) the total floor area of that house is within the relevant floor area limits as specified in subsection (4), and

(IV) in the case of refurbishment, the refurbishment work was necessary for the purposes of ensuring the suitability as a dwelling of any house in the building or the part of the building and whether or not the number of houses in the building or the part of the building, or the shape or size of any such house, is altered in the course of such refurbishment,

but—

(A) in the case of a house, the site of which is wholly within a qualifying town area, such certificate shall be granted only where an application has been received by the Minister within a period of one year from the day next after the end of the qualifying period, and

(B) in the case of a house, the site of which is wholly within a qualifying student accommodation area, such certificate shall be granted having regard to the relevant guidelines.

(ii) Section 18 of the Housing (Miscellaneous Provisions) Act, 1979 , applies, with any necessary modifications, to a certificate of reasonable cost as if it were a certificate of reasonable value within the meaning of that section.

(c) The Minister for Education and Science may, in relation to a house or building the site of which is wholly within a qualifying student accommodation area, in consultation with the Minister and with the consent of the Minister for Finance—

(i) issue guidelines for the purposes of this Chapter and, without prejudice to the generality of the foregoing, such guidelines may include provisions in relation to all or any one or more of the following—

(I) the design and the construction of, conversion into, or refurbishment of, houses,

(II) the total floor area and dimensions of rooms within houses, measured in such manner as may be determined by the Minister,

(III) the provision of ancillary facilities and amenities in relation to houses,

(IV) the granting of certificates of reasonable cost and of certificates of compliance,

(V) the designation of qualifying areas,

(VI) the terms and conditions relating to qualifying leases, and

(VII) the educational institutions and the students attending those institutions for whom the accommodation is provided,

and

(ii) amend or replace relevant guidelines in like manner.

(2) Subject to this section, a house is a qualifying premises for the purposes of section 372AP or 372AR, as the case may be, where—

(a) the house fronts on to a qualifying street or is comprised in a building or part of a building which fronts on to a qualifying street, or the site of the house is wholly within a tax incentive area,

(b) the house is used solely as a dwelling,

(c) the house complies with the requirements of subsection (4) in respect of its total floor area,

(d) there is in force in respect of the house—

(i) a certificate of compliance or,

(ii) if it is not a house provided for sale, a certificate of reasonable cost the amount specified in which in respect of the cost of construction of the house, the cost of conversion in relation to the house or the cost of the refurbishment in relation to the house is not less than the expenditure actually incurred on such construction, conversion, or, as the case may be, refurbishment,

but where, in the case of section 372AP, the refurbishment expenditure or, in the case of section 372AR, the qualifying expenditure relates solely to the refurbishment of a facade, this paragraph shall not apply,

(e) in the case of a house the site of which is wholly within the site of a qualifying park and ride facility, the relevant local authority gives to the person constructing the house a certificate in writing stating that it is satisfied that the house or, in a case where the house is one of a number of houses in a single development, the development of which it is part complies with the requirements laid down in the guidelines in relation to the development of certain residential accommodation at a park and ride facility, and

(f) in so far as section 372AP is concerned, the house—

(i) where the eligible expenditure has been incurred on the construction of the house, without having been used is first let in its entirety under a qualifying lease,

(ii) where the eligible expenditure incurred is conversion expenditure in relation to the house, without having been used subsequent to the incurring of the expenditure on the conversion is first let in its entirety under a qualifying lease, and

(iii) where the eligible expenditure incurred is refurbishment expenditure in relation to the house, on the date of completion of the refurbishment to which the expenditure relates is let (or, if not let on that date, is, without having been used after that date, first let) in its entirety under a qualifying lease,

and thereafter throughout the remainder of the relevant period (except for reasonable periods of temporary disuse between the ending of one qualifying lease and the commencement of another such lease) continues to be let under such a lease.

(3) Subject to this section, a house is a special qualifying premises for the purposes of section 372AP where—

(a) the house is comprised in a special specified building,

(b) the house is used solely as a dwelling,

(c) on the date of completion of the refurbishment to which the refurbishment expenditure in relation to the house relates, the house is let (or, if not let on that date, the house is, without having been used after that date, first let) in its entirety under a qualifying lease and thereafter throughout the remainder of the relevant period (except for reasonable periods of temporary disuse between the ending of one qualifying lease and the commencement of another such lease) continues to be let under such a lease, and

(d) the house is not a house on which expenditure has been incurred which qualified, or on due claim being made would qualify, for relief under—

(i) section 372AP on the basis that the house is a qualifying premises, or

(ii) any other provision of this Part.

(4) A house is not a qualifying premises for the purposes of section 372AP or 372AR unless—

(a) where the house fronts on to a qualifying street or is comprised in a building or part of a building which fronts on to a qualifying street, or where its site is wholly within—

(i) a qualifying urban area, or

(ii) the site of a qualifying park and ride facility,

the total floor area of the house is not less than 38 square metres and not more than 125 square metres,

(b) where the site of the house is wholly within a qualifying rural area, the total floor area of the house is not less than 38 square metres and—

(i) in the case of section 372AP—

(I) not more than 140 square metres, if the eligible expenditure incurred was incurred on the construction of the house before 6 December 2000,

(II) not more than 150 square metres, if the eligible expenditure incurred on or in relation to the house was conversion expenditure or refurbishment expenditure incurred before 6 December 2000, or

(III) not more than 175 square metres if the eligible expenditure incurred on or in relation to that house was or is incurred on or after 6 December 2000,

and

(ii) in the case of section 372AR, not more than 210 square metres,

(c) where the site of the house is wholly within a qualifying town area, the total floor area of the house is not less than 38 square metres and—

(i) in the case of section 372AP—

(I) not more than 125 square metres, or

(II) not more than 150 square metres, if the eligible expenditure incurred on or in relation to the house is conversion expenditure or refurbishment expenditure incurred on or after 6 April 2001,

and

(ii) in the case of section 372AR—

(I) not more than 125 square metres, or

(II) not more than 210 square metres, if the qualifying expenditure incurred on or in relation to the house is incurred on or after 6 April 2001 on the refurbishment of the house,

and

(d) where the site of the house is wholly within a qualifying student accommodation area, the total floor area of the house complies with the requirements of the relevant guidelines.

(5) A house is not a qualifying premises or a special qualifying premises for the purposes of section 372AP if—

(a) it is occupied as a dwelling by any person connected with the person entitled to a deduction under that section in respect of the eligible expenditure incurred on or in relation to the house, and

(b) the terms of the qualifying lease in relation to the house are not such as might have been expected to be included in the lease if the negotiations for the lease had been at arm's length.

(6)  (a) A house—

(i) which fronts on to a qualifying street or is comprised in a building or part of a building which fronts on to a qualifying street, or

(ii) the site of which is wholly within a qualifying urban area or a qualifying town area,

is not a qualifying premises for the purposes of section 372AP or 372AR unless the house or, in a case where the house is one of a number of houses in a single development, the development of which it is a part complies with such guidelines as may from time to time be issued by the Minister, with the consent of the Minister for Finance, for the purposes of furthering the objectives of urban renewal.

(b) Without prejudice to the generality of paragraph (a), guidelines issued for the purposes of that paragraph may include provisions in relation to all or any one or more of the following—

(i) the design and the construction of, conversion into, or, as the case may be, refurbishment of, houses,

(ii) the total floor area and dimensions of rooms within houses, measured in such manner as may be determined by the Minister,

(iii) the provision of ancillary facilities and amenities in relation to houses, and

(iv) the balance to be achieved between houses of different types and sizes within a single development of 2 or more houses or within such a development and its general vicinity having regard to the housing existing or proposed in that vicinity.

(7) A house, the site of which is wholly within a qualifying rural area, is not a qualifying premises for the purposes of section 372AP unless throughout the period of any qualifying lease related to that house, the house is used as the sole or main residence of the lessee in relation to that qualifying lease.

(8) A house which fronts on to a qualifying street or is comprised in a building or part of a building which fronts on to a qualifying street is not a qualifying premises for the purposes of section 372AP or 372AR unless—

(a) the house is comprised in the upper floor or floors of an existing building or a replacement building, and

(b) the ground floor of such building is in use for commercial purposes or, where it is temporarily vacant, it is subsequently so used.

(9) A house, the site of which is wholly within a qualifying student accommodation area, is not a qualifying premises for the purposes of section 372AP unless throughout the relevant period it is used for letting to and occupation by students in accordance with the relevant guidelines.

(10) (a) A house is not a special qualifying premises for the purposes of section 372AP if the lessor has not complied with all the requirements of—

(i) the Housing (Standards for Rented Houses) Regulations 1993 ( S.I. No. 147 of 1993 ),

(ii) the Housing (Rent Books) Regulations 1993 ( S.I. No. 146 of 1993 ), and

(iii) the Housing (Registration of Rented Houses) Regulations 1996 ( S.I. No. 30 of 1996 ), as amended by the Housing (Registration of Rented Houses) (Amendment) Regulations 2000 ( S.I. No. 12 of 2000 ).

(b) A house is not a special qualifying premises for the purposes of section 372AP unless the house or, in a case where the house is one of a number of houses in a single development, the development of which it is a part complies with such guidelines as may from time to time be issued by the Minister, with the consent of the Minister for Finance, in relation to the refurbishment of houses as special qualifying premises.

(c) Without prejudice to the generality of paragraph (b), guidelines issued for the purposes of that paragraph may include provisions in relation to refurbishment of houses and the provision of ancillary facilities and amenities in relation to houses.

(11) A house is not a qualifying premises for the purposes of section 372AP or 372AR, or a special qualifying premises for the purposes of section 372AP, unless any person authorised in writing by the Minister for the purposes of those sections is permitted to inspect the house at all reasonable times on production, if so requested by a person affected, of his or her authorisation.

Eligible expenditure: lessors.

372AN.—(1) Expenditure is eligible expenditure for the purposes of this Chapter where it is—

(a) expenditure incurred on—

(i) the construction of a house, other than a house referred to in subparagraph (ii), or

(ii) the necessary construction of a house which fronts on to a qualifying street or is comprised in a building or part of a building which fronts on to a qualifying street,

(b) conversion expenditure, or

(c) refurbishment expenditure.

(2) In this Chapter ‘conversion expenditure’ means, subject to subsection (3), expenditure incurred on—

(a) the conversion into a house of—

(i) a building which fronts on to a qualifying street or the site of which is wholly within a tax incentive area other than the site of a qualifying park and ride facility, or

(ii) a part of a building which fronts on to a qualifying street or the site of which is wholly within a qualifying urban area or a qualifying town area,

where the building or, as the case may be, the part of the building has not been previously in use as a dwelling, and

(b) the conversion into 2 or more houses of—

(i) a building which fronts on to a qualifying street or the site of which is wholly within a tax incentive area other than the site of a qualifying park and ride facility, or

(ii) a part of a building which fronts on to a qualifying street or the site of which is wholly within a qualifying urban area or a qualifying town area,

where before the conversion the building or, as the case may be, the part of the building had not been in use as a dwelling or had been in use as a single dwelling,

and references in this Chapter to ‘conversion’, ‘conversion into a house’ and ‘expenditure incurred on conversion’ shall be construed accordingly.

(3) For the purposes of subsection (2), expenditure incurred on the conversion of a building or a part of a building includes expenditure incurred in the course of the conversion on either or both of the following—

(a) the carrying out of any works of construction, reconstruction, repair or renewal, and

(b) the provision or improvement of water, sewerage or heating facilities,

in relation to the building or the part of the building, as the case may be, or any outoffice appurtenant to or usually enjoyed with that building or part, but does not include—

(i) any expenditure in respect of which any person is entitled to a deduction, relief or allowance under any other provision of the Tax Acts, or

(ii) any expenditure attributable to any part (in this subsection referred to as a ‘non-residential unit’) of the building or, as the case may be, the part of the building which on completion of the conversion is not a house.

(4) For the purposes of subsection (3)(ii), where expenditure is attributable to a building or a part of a building in general and not directly to any particular house or non-residential unit (within the meaning given by that subsection) comprised in the building or the part of the building on completion of the conversion, then such an amount of that expenditure shall be deemed to be attributable to a non-residential unit as bears to the whole of that expenditure the same proportion as the total floor area of the non-residential unit bears to the total floor area of the building or the part of the building, as the case may be.

(5) (a) For the purposes of this Chapter ‘refurbishment expenditure’ means expenditure incurred on—

(i) (I) the refurbishment of a specified building, and

(II) in the case of a specified building the site of which is wholly within a qualifying town area, the refurbishment of a facade,

or

(ii) the refurbishment of a special specified building,

other than expenditure attributable to any part (in this subsection and in subsection (6) referred to as a ‘non-residential unit’) of the building which on completion of the refurbishment is not a house.

(b) For the purposes of paragraph (a), where expenditure is attributable to—

(i) the specified building, or

(ii) the special specified building,

as the case may be, in general and not directly to any particular house or non-residential unit comprised in the building on completion of the refurbishment, then such an amount of that expenditure shall be deemed to be attributable to a non-residential unit as bears to the whole of that expenditure the same proportion as the total floor area of the non-residential unit bears to the total floor area of the building.

(6) For the purposes of subsection (5)—

‘special specified building’ means a building or part of a building—

(a) in which before the refurbishment to which the refurbishment expenditure relates there is one or more than one house, and

(b) which on completion of that refurbishment contains, whether in addition to any non-residential unit or not, one or more than one house;

‘specified building’ means—

(a) a building which fronts on to a qualifying street or the site of which is wholly within a tax incentive area other than the site of a qualifying park and ride facility, or

(b) a part of a building which fronts on to a qualifying street or the site of which is wholly within a qualifying urban area or a qualifying town area,

and in which before the refurbishment to which the refurbishment expenditure relates—

(i) there is one or more than one house—

(I) in the case of a building, the site of which is wholly within a qualifying rural area, or

(II) in the case of a building or part of a building, the site of which is wholly within a qualifying town area,

and

(ii) there are 2 or more houses—

(I) in the case of a building or part of a building which fronts on to a qualifying street or the site of which is wholly within a qualifying urban area, or

(II) in the case of a building the site of which is wholly within a qualifying student accommodation area,

and which on completion of that refurbishment contains, whether in addition to any non-residential unit or not—

(A) in the case of a building or part of a building to which paragraph (i) applies, one or more than one house,

(B) in the case of a building or part of a building to which paragraph (ii) applies, 2 or more houses.

(7) Other than in relation to a special qualifying premises, references in this section to the construction of, conversion into, or, as the case may be, refurbishment of, any premises shall be construed as including references to the development of the land on which the premises is situated or which is used in the provision of gardens, grounds, access or amenities in relation to the premises and, without prejudice to the generality of the foregoing, as including in particular—

(a) demolition or dismantling of any building on the land,

(b) site clearance, earth moving, excavation, tunnelling and boring, laying of foundations, erection of scaffolding, site restoration, landscaping and the provision of roadways and other access works,

(c) walls, power supply, drainage, sanitation and water supply, and

(d) the construction of any outhouses or other buildings or structures for use by the occupants of the premises or for use in the provision of amenities for the occupants.

Qualifying lease.

372AO.—(1) In this section ‘market value’, in relation to a building, structure or house, means the price which the unencumbered fee simple of the building, structure or house would fetch if sold in the open market in such manner and subject to such conditions as might reasonably be calculated to obtain for the vendor the best price for the building, structure or house, less the part of that price which would be attributable to the acquisition of, or of rights in or over, the land on which the building, structure or house is constructed.

(2) Subject to subsection (4), a lease of a house is a qualifying lease for the purposes of this Chapter where the consideration for the grant of the lease consists—

(a) solely of periodic payments all of which are or are to be treated as rent for the purposes of Chapter 8 of Part 4, or

(b) of payments of the kind mentioned in paragraph (a), together with a payment by means of a premium which—

(i) in the case of the construction of a house, does not exceed 10 per cent of the relevant cost of the house,

(ii) in the case of the conversion of a building into a house, does not exceed 10 per cent of the market value of the house at the time the conversion is completed, and

(iii) in the case of the refurbishment of a house—

(I) is payable on or subsequent to the date of the completion of the refurbishment to which the refurbishment expenditure relates or which, if payable before that date, is so payable by reason of or otherwise in connection with the carrying out of the refurbishment, and

(II) does not exceed 10 per cent of the market value of the house at the time of the completion of the refurbishment to which the refurbishment expenditure relates.

(3) For the purposes of subparagraph (ii) or (iii) of subsection (2)(b), as the case may be, where a house is a part of a building and is not saleable apart from the building of which it is a part, the market value of the house at the time the conversion is completed or, as the case may be, at the time of the completion of the refurbishment to which the refurbishment expenditure relates shall be taken to be an amount which bears to the market value of the building at that time the same proportion as the total floor area of the house bears to the total floor area of the building.

(4) A lease is not a qualifying lease for the purposes of this Chapter—

(a) if the terms of the lease contain any provision enabling the lessee or any other person, directly or indirectly, at any time to acquire any interest in the house to which the lease relates for a consideration less than that which might be expected to be given at that time for the acquisition of the interest if the negotiations for that acquisition were conducted in the open market at arm's length,

(b) where the lease relates to a qualifying rural area, if the duration of the lease is for a period of less than 3 months, or

(c) where the lease relates to a qualifying student accommodation area, if the lease does not comply with the requirements of the relevant guidelines.

Relief for lessors.

372AP.—(1) In this section—

‘chargeable period’ means an accounting period of a company or a year of assessment;

‘relevant cost’, in relation to a house, means, subject to subsection (6), an amount equal to the aggregate of—

(a) (i) where the eligible expenditure is on the construction of the house, the expenditure incurred on the acquisition of, or of rights in or over, any land on which the house is situated, or

(ii) where the eligible expenditure is conversion expenditure or refurbishment expenditure, the expenditure incurred on the acquisition of, or of rights in or over—

(I) any land on which the house is situated, and

(II) any building in which the house is comprised,

and

(b) the expenditure actually incurred on the construction of, conversion into, or, as the case may be, refurbishment of the house;

‘relevant period’, in relation to the incurring of eligible expenditure on or in relation to a qualifying premises or a special qualifying premises, means—

(a) where the eligible expenditure is incurred on the construction of, or in relation to the conversion of a building into, a qualifying premises, the period of 10 years beginning on the date of the first letting of the qualifying premises under a qualifying lease, and

(b) where—

(i) the eligible expenditure incurred is refurbishment expenditure in relation to a qualifying premises or a special qualifying premises, the period of 10 years beginning on the date of the completion of the refurbishment to which the refurbishment expenditure relates, or

(ii) where the qualifying premises or, as the case may be, the special qualifying premises was not let under a qualifying lease on the date referred to in subparagraph (i), the period of 10 years beginning on the date of the first such letting after the date of such completion;

‘relevant price paid’, in relation to the purchase by a person of a house, means the amount which bears to the net price paid by such person on that purchase the same proportion as the amount of the eligible expenditure actually incurred on or in relation to the house, which is to be treated under section 372AS(1) as having been incurred in the qualifying period, bears to the relevant cost in relation to that house.

(2) Subject to subsections (3), (4) and (5), where a person, having made a claim in that behalf, proves to have incurred eligible expenditure on or in relation to a house which is a qualifying premises or a special qualifying premises—

(a) such person is entitled, in computing for the purposes of section 97(1) the amount of a surplus or deficiency in respect of the rent from the qualifying premises or, as the case may be, the special qualifying premises, to a deduction of so much (if any) of that expenditure as is to be treated under section 372AS(1) or under this section as having been incurred by such person in the qualifying period, and

(b) Chapter 8 of Part 4 shall apply as if that deduction were a deduction authorised by section 97(2).

(3) (a) Where the eligible expenditure incurred is refurbishment expenditure in relation to a house which is a special qualifying premises—

(i) the deduction to be given under subsection (2)(a) shall be given—

(I) for the chargeable period in which the expenditure is incurred or, if the special qualifying premises was not let under a qualifying lease during that chargeable period, the chargeable period in which occurs the date of the first such letting after the expenditure is incurred, and

(II) for any subsequent chargeable period in which that premises continues to be a special qualifying premises,

and

(ii) the deduction for each such chargeable period shall be of an amount equal to 15 per cent of the expenditure to which subsection (2)(a) refers.

(b) For the purposes of paragraph (a)—

(i) the aggregate amount to be deducted by virtue of that paragraph shall not exceed 100 per cent of the expenditure to which subsection (2)(a) refers, and

(ii) where a chargeable period consists of a period less than one year in length, the amount of the deduction to be given for the chargeable period shall be proportionately reduced.

(4) (a) This subsection applies to any premium or other sum which—

(i) is payable, directly or indirectly, under a qualifying lease or otherwise under the terms subject to which the lease is granted, to or for the benefit of the lessor or to or for the benefit of any person connected with the lessor, and

(ii) where the eligible expenditure incurred is refurbishment expenditure in relation to a qualifying premises or a special qualifying premises—

(I) is payable on or subsequent to the date of completion of the refurbishment to which the refurbishment expenditure relates, or

(II) if payable before that date, is so payable by reason of or otherwise in connection with the carrying out of the refurbishment.

(b) Where any premium or other sum to which this subsection applies, or any part of such premium or such other sum, is not or is not treated as rent for the purposes of section 97, the eligible expenditure to be treated as having been incurred in the qualifying period on or in relation to the qualifying premises or the special qualifying premises to which the qualifying lease relates shall be deemed for the purposes of subsection (2) to be reduced by the lesser of—

(i) the amount of such premium or such other sum or, as the case may be, that part of such premium or such other sum, and

(ii) the amount which bears to the amount mentioned in subparagraph (i) the same proportion as the amount of the eligible expenditure actually incurred on or in relation to the qualifying premises or, as the case may be, the special qualifying premises and which is to be treated under section 372AS(1) as having been incurred in the qualifying period bears to the whole of the eligible expenditure incurred on or in relation to the qualifying premises or the special qualifying premises, as the case may be.

(5) (a) A person is entitled to a deduction by virtue of subsection (2) in respect of eligible expenditure incurred on a qualifying premises at a park and ride facility only in so far as that expenditure when aggregated with—

(i) other eligible expenditure, if any, incurred on other qualifying premises at the park and ride facility and in respect of which a deduction is to be made or would, but for this subsection, be made, and

(ii) other expenditure, if any, incurred at the park and ride facility, in respect of which there is provision for a deduction under section 372AR,

does not exceed 25 per cent of the total expenditure incurred at the park and ride facility in respect of which an allowance or deduction is to be made or would, but for this subsection or section 372W(2)(c) or 372AR(5), be made by virtue of any provision of this Chapter or Chapter 9.

(b) A person who has incurred eligible expenditure on a qualifying premises at a park and ride facility and who claims to have complied with the requirements of paragraph (a) in relation to that expenditure, shall be deemed not to have so complied unless the person has received from the relevant local authority a certificate in writing issued by that authority stating that it is satisfied that those requirements have been met.

(6) Where a qualifying premises or a special qualifying premises forms a part of a building or is one of a number of buildings in a single development, or forms a part of a building which is itself one of a number of buildings in a single development, there shall be made such apportionment as is necessary—

(a) of the eligible expenditure incurred on the construction, conversion or, as the case may be, refurbishment of that building or those buildings, and

(b) of the amount which would be the relevant cost in relation to that building or those buildings if the building or buildings, as the case may be, were a single qualifying premises,

for the purposes of determining the eligible expenditure incurred on or in relation to the qualifying premises or the special qualifying premises, as the case may be, and the relevant cost in relation to the qualifying premises or the special qualifying premises, as the case may be.

(7) Where a house is a qualifying premises or a special qualifying premises and at any time during the relevant period in relation to the premises either of the following events occurs—

(a) the house ceases to be a qualifying premises or a special qualifying premises, as the case may be, or

(b) the ownership of the lessor's interest in the house passes to any other person but the house does not cease to be a qualifying premises or a special qualifying premises, as the case may be,

then, the person who before the occurrence of the event received or was entitled to receive a deduction or, as the case may be, deductions under subsection (2) in respect of eligible expenditure incurred on or in relation to that premises shall be deemed to have received on the day before the day of the occurrence of the event an amount as rent from that premises equal to the amount of that deduction or, as the case may be, the aggregate amount of those deductions.

(8) (a) Where the event mentioned in subsection (7)(b) occurs in the relevant period in relation to a house which is a qualifying premises or a special qualifying premises, the person to whom the ownership of the lessor's interest in the house passes shall be treated for the purposes of this section as having incurred in the qualifying period an amount of eligible expenditure on or in relation to the house equal to the amount which under section 372AS(1) or under this section (apart from subsection (4)(b)) the lessor was treated as having incurred in the qualifying period on or in relation to the house.

(b) Where a person purchases a house to which paragraph (a) applies, the amount treated under that paragraph as having been incurred by such person shall not exceed the relevant price paid by such person on the purchase.

(9) Subject to subsection (10), where eligible expenditure is incurred on or in relation to a house and—

(a) where the eligible expenditure was expenditure on the construction of the house, before the house is used it is sold, or

(b) where the eligible expenditure was conversion expenditure or refurbishment expenditure, before the house is used subsequent to the incurring of that expenditure it is sold,

then, the person who purchases the house shall be treated for the purposes of this section as having incurred in the qualifying period eligible expenditure on or in relation to the house equal to the lesser of—

(i) the amount of such expenditure which is to be treated under section 372AS(1) as having been incurred in the qualifying period, and

(ii) the relevant price paid by such person on the purchase,

but, where the house is sold more than once before it is used, or, as the case may be, before the house is used subsequent to the incurring of the expenditure, this subsection shall apply only in relation to the last of those sales.

(10) Where eligible expenditure is incurred on or in relation to a house by a person carrying on a trade or part of a trade which consists, as to the whole or any part of that trade, of the construction, conversion or refurbishment of buildings with a view to their sale and the house is sold in the course of that trade or, as the case may be, that part of that trade—

(a) where the eligible expenditure was expenditure on the construction of the house—

(i) before the house is used, or

(ii) where a house, the site of which is wholly within a qualifying student accommodation area, is sold on or after 5 December 2001, within a period of one year after it commences to be used,

and

(b) where the eligible expenditure was conversion expenditure or refurbishment expenditure—

(i) before the house is used subsequent to the incurring of that expenditure, or

(ii) where a house, the site of which is wholly within a qualifying student accommodation area, is sold on or after 5 December 2001, within a period of one year after it commences to be used subsequent to the incurring of that expenditure,

then—

(I) the person (in this subsection referred to as the ‘purchaser’) who purchases the house shall be treated for the purposes of this section as having incurred in the qualifying period eligible expenditure on or in relation to the house equal to the relevant price paid by the purchaser on the purchase (in this subsection referred to as the ‘first purchase’), and

(II) in relation to any subsequent sale or sales of the house before the house is used, or, as the case may be, before the house is used subsequent to the incurring of the expenditure, subsection (9) shall apply as if the reference to the amount of eligible expenditure which is to be treated as having been incurred in the qualifying period were a reference to the relevant price paid on the first purchase.

(11) Expenditure in respect of which a person is entitled to relief under this section shall not include any expenditure in respect of which any person is entitled to a deduction, relief or allowance under any other provision of the Tax Acts.

(12) For the purposes of this section, expenditure shall not be regarded as incurred by a person in so far as it has been or is to be met, directly or indirectly, by the State, by any board established by statute or by any public or local authority.

(13) Section 555 shall apply as if a deduction under this section were a capital allowance and as if any rent deemed to have been received by a person under this section were a balancing charge.

(14) This section shall not apply in the case of any conversion or refurbishment unless planning permission, in so far as it is required, in respect of the conversion or, as the case may be, the work carried out in the course of the refurbishment has been granted under the Local Government (Planning and Development) Acts, 1963 to 1999, or the Planning and Development Act, 2000 .

(15) Section 372AS shall apply for the purposes of supplementing this section.

Qualifying expenditure: owner-occupiers.

372AQ.—(1) For the purposes of this Chapter, but subject to subsection (3), ‘qualifying expenditure’ means expenditure incurred by an individual on—

(a) the construction of, conversion into, or, as the case may be, refurbishment of a qualifying premises, and

(b) in the case of a qualifying premises the site of which is wholly within a qualifying town area, the refurbishment of a facade,

where the qualifying premises is a qualifying owner-occupied dwelling in relation to the individual, after deducting from that amount of expenditure any sum in respect of or by reference to—

(i)  that expenditure,

(ii)  the qualifying premises, or

(iii) the construction, conversion or, as the case may be, refurbishment work in respect of which that expenditure was incurred,

which the individual has received or is entitled to receive, directly or indirectly, from the State, any board established by statute or any public or local authority.

(2) For the purposes of this section, ‘qualifying owner-occupied dwelling’, in relation to an individual, means a qualifying premises which is first used, after the qualifying expenditure has been incurred, by the individual as his or her only or main residence.

(3) Subsection (1) applies—

(a) in the case of a qualifying premises which fronts on to a qualifying street or is comprised in a building or part of a building which fronts on to a qualifying street, as if the reference in that subsection to ‘construction’ were a reference to ‘necessary construction’, and

(b) in the case of a qualifying premises the site of which is wholly within the site of a qualifying park and ride facility, as if the reference in that subsection to ‘construction of, conversion into, or, as the case may be, refurbishment of’ were a reference to ‘construction of’.

(4) Subsection (7) of section 372AN, which relates to the construing of references in that section to the construction of, conversion into, or, as the case may be, refurbishment of, any premises, shall apply with any necessary modifications in construing references in this section to the construction of, conversion into, or, as the case may be, refurbishment of any premises.

Relief for owner-occupiers.

372AR.—(1) Subject to this section, where an individual, having duly made a claim, proves to have incurred qualifying expenditure in a year of assessment, the individual is entitled, for that year of assessment and for any of the 9 subsequent years of assessment in which the qualifying premises in respect of which the individual incurred the qualifying expenditure is the only or main residence of the individual, to have a deduction made from his or her total income of an amount equal to—

(a) 5 per cent of the amount of that expenditure, where the qualifying expenditure has been incurred on the construction of the qualifying premises,

(b) 10 per cent of the amount of that expenditure, where the qualifying expenditure has been incurred on the necessary construction of a qualifying premises which fronts on to a qualifying street or is comprised in a building or part of a building which fronts on to a qualifying street, or

(c) 10 per cent of the amount of that expenditure, where the qualifying expenditure has been incurred on the conversion into or the refurbishment of the qualifying premises.

(2) Where the year of assessment first mentioned in subsection (1) or any of the 9 subsequent years of assessment is the year of assessment 2001, that subsection applies—

(a) as if for ‘any of the 9 subsequent years of assessment’ there were substituted ‘any of the 10 subsequent years of assessment’,

(b) as respects the year of assessment 2001, as if ‘3.7 per cent’ and ‘7.4 per cent’ were substituted for ‘5 per cent’ and ‘10 per cent’, respectively, and

(c) as respects the year of assessment which is the 10th year of assessment subsequent to the year of assessment first mentioned in that subsection, as if ‘1.3 per cent’ and ‘2.6 per cent’ were substituted for ‘5 per cent’ and ‘10 per cent’, respectively.

(3) Notwithstanding subsection (1), where the individual or, being a husband or wife, the individual's spouse, is assessed to tax in accordance with section 1017, then, except where section 1023 applies, the individual shall be entitled to have the deduction, to which he or she is entitled under that subsection, made from his or her total income and the total income of his or her spouse, if any.

(4) A deduction shall be given under this section in respect of qualifying expenditure only in so far as that expenditure is to be treated under section 372AS(1) as having been incurred in the qualifying period.

(5) (a) A person is entitled to a deduction by virtue of subsection (1) in respect of qualifying expenditure incurred at a park and ride facility only in so far as that expenditure when aggregated with—

(i) other qualifying expenditure, if any, incurred at that park and ride facility in respect of which a deduction is to be made or would, but for this subsection, be made, and

(ii) other expenditure, if any, incurred at that park and ride facility in respect of which there is provision for a deduction under section 372AP,

does not exceed 25 per cent of the total expenditure incurred at that park and ride facility in respect of which an allowance or deduction is to be made or would, but for this subsection or section 372W(2)(c) or 372AP(5), be made by virtue of any provision of this Chapter or Chapter 9.

(b) A person who has incurred qualifying expenditure at a park and ride facility and who claims to have complied with the requirements of paragraph (a) in relation to that expenditure, shall be deemed not to have so complied unless the person has received from the relevant local authority a certificate in writing issued by that authority stating that it is satisfied that those requirements have been met.

(6) Where qualifying expenditure in relation to a qualifying premises is incurred by 2 or more persons, each of those persons shall be treated as having incurred the expenditure in the proportions in which they actually bore the expenditure, and the expenditure shall be apportioned accordingly.

(7) Subsections (6), (9) and (10) of section 372AP, in relation to—

(a) the apportionment of eligible expenditure incurred on or in relation to a qualifying premises and of the relevant cost in relation to that premises, and

(b) the amount of eligible expenditure to be treated as incurred in the qualifying period,

apply, with any necessary modifications, for the purposes of this section, in determining—

(i) the amount of qualifying expenditure incurred on or in relation to a qualifying premises, and

(ii) the amount of qualifying expenditure to be treated as incurred in the qualifying period,

as they apply for the purposes of section 372AP.

(8) Expenditure in respect of which an individual is entitled to relief under this section shall not include any expenditure in respect of which any person is entitled to a deduction, relief or allowance under any other provision of the Tax Acts.

(9) This section shall not apply in the case of any conversion or refurbishment unless planning permission, in so far as it is required, in respect of the conversion or, as the case may be, the work carried out in the course of the refurbishment has been granted under the Local Government (Planning and Development) Acts, 1963 to 1999 or the Planning and Development Act, 2000 .

(10) Section 372AS applies for the purposes of supplementing this section.

Determination of expenditure incurred in qualifying period, and date expenditure treated as incurred for relief purposes.

372AS.—(1) For the purposes of determining whether and to what extent—

(a) in relation to any claim under section 372AP(2), eligible expenditure incurred on or in relation to a qualifying premises or a special qualifying premises, and

(b) in relation to any claim under section 372AR(1), qualifying expenditure incurred on or in relation to a qualifying premises,

is incurred or not incurred during the qualifying period, only such an amount of that expenditure as is properly attributable to work on—

(i) in the case of a claim under section 372AP(2), the construction of, conversion into, or refurbishment of, the qualifying premises or, as the case may be, the refurbishment of the special qualifying premises, and

(ii) in the case of a claim under section 372AR(1), the construction of, conversion into, or refurbishment of the qualifying premises,

actually carried out during the qualifying period shall be treated as having been incurred during that period.

(2) Where, by virtue of section 372AN(7) or 372AQ(4), expenditure on the construction of, conversion into, or, as the case may be, refurbishment of, a qualifying premises includes expenditure on the development of any land, subsection (1) applies with any necessary modifications as if the references in that subsection to the construction of, conversion into, or, as the case may be, refurbishment of, the qualifying premises were references to the development of such land.

(3) (a) For the purposes of section 372AP other than those to which subsection (1) relates, expenditure incurred on the construction of, or, as the case may be, conversion into, a qualifying premises shall be deemed to have been incurred on the date of the first letting of the premises under a qualifying lease.

(b) For the purposes of section 372AP other than those to which subsection (1) relates, refurbishment expenditure incurred in relation to the refurbishment of a qualifying premises or a special qualifying premises shall be deemed to have been incurred on the date of the commencement of the relevant period, in relation to the premises, determined as respects the refurbishment to which the refurbishment expenditure relates.

(c) For the purposes of section 372AR other than those to which subsection (1) relates, expenditure incurred on the construction of, conversion into, or as the case may be, refurbishment of a qualifying premises shall be deemed to have been incurred on the earliest date after the expenditure was actually incurred on which the premises is in use as a dwelling.

Appeals.

372AT.—An appeal to the Appeal Commissioners lies on any question arising under this Chapter (other than a question on which an appeal lies under section 18 of the Housing (Miscellaneous Provisions) Act, 1979 ) in the like manner as an appeal would lie against an assessment to income tax or corporation tax, and the provisions of the Tax Acts relating to appeals apply accordingly.

Saver for relief due, and for clawback of relief given under, old schemes.

372AU.—(1) Where, but for the repeal by section 24 (3) of the Finance Act, 2002, of the provision concerned, a person would, in computing the amount of a surplus or deficiency in respect of rent from any premises—

(a) be entitled to a deduction, or

(b) be deemed to have received an amount as rent,

under—

(i) section 325, 326 or 327,

(ii) section 334, 335 or 336,

(iii) section 346, 347 or 348,

(iv) section 356, 357 or 358, or

(v) section 361, 362, or 363,

then, notwithstanding that repeal, the person is entitled to that deduction or is deemed to have received that amount as rent, as the case may be, under this Chapter, and accordingly this Chapter applies with any modifications necessary to give effect to this subsection.

(2) Where, but for the repeal by section 24 (3) of the Finance Act, 2002, of the provision concerned, a person would, in the computation of his or her total income for any year of assessment, be entitled to a deduction under—

(a) section 328,

(b) section 337,

(c) section 349, or

(d) section 364,

then, notwithstanding that repeal, the person is entitled to that deduction for that year of assessment under this Chapter, and accordingly this Chapter applies with any modification necessary to give effect to this subsection.

Continuity.

372AV.—(1) In this section, the ‘old enactments’ means sections 372F, 372G, 372H, 372I, 372J, 372P, 372Q, 372R, 372RA, 372S, 372X, 372Y, 372Z, 372AE, 372AF, 372AG, 372AH, and 372AI, and Parts 11A and 11B, being enactments repealed under section 24 (3) of the Finance Act, 2002.

(2) The continuity of the operation of the law relating to income tax, corporation tax and capital gains tax is not affected by the substitution of this Chapter for the old enactments.

(3) Any reference, whether express or implied, in any enactment or document, including this Chapter—

(a) to any provision of this Chapter, or

(b) to things or to be done under or for the purposes of any provision of this Chapter,

shall, if and in so far as the nature of the reference permits, be construed as including, in relation to the times, years or periods, circumstances or purposes in relation to which the corresponding provision in the old enactments applied or had applied, a reference to, or, as the case may be, to things done or to be done under or for the purposes of, that corresponding provision.

(4) Any reference, whether express or implied, in any enactment or document, including the old enactments—

(a) to any provision of the old enactments, or

(b) to things done or to be done under or for the purposes of any provision of the old enactments,

shall, if and in so far as the nature of the reference permits, be construed as including, in relation to the times, years or periods, circumstances or purposes in relation to which the corresponding provision of this Chapter applies, a reference to, or as the case may be, to things done or deemed to be done or to be done under or for the purposes of, that corresponding provision.

(5) If and in so far as a provision of this Chapter operates, as on and from the date of the passing of the Finance Act, 2002, in substitution for a provision of the old enactments, anything done or having effect as if done under the provision of the old enactments before that date shall be treated on and from that date as if it were a thing done under the provision of this Chapter which so operates.

(6) Without prejudice to the generality of subsections (2) to (5), this Chapter applies as if a deduction given to a person under the old enactments were a deduction given to such person under this Chapter in respect of, as may be appropriate—

(a) eligible expenditure incurred in the qualifying period, on or in relation to a qualifying premises or a special qualifying premises, as the case may be, or

(b) qualifying expenditure incurred in the qualifying period on or in relation to a qualifying premises.

(7) Without prejudice to the generality of subsections (2) to (5), any reference in an order made under section 372B(1) or 372BA(1) to section 372F, 372G, 372H or 372I shall, as on and from the date of the passing of the Finance Act, 2002, be construed respectively as if it were a reference to—

(a) section 372AP, in so far as it relates to expenditure on construction,

(b) section 372AP, in so far as it relates to conversion expenditure,

(c) section 372AP, in so far as it relates to refurbishment expenditure, and

(d) section 372AR.

(8) Without prejudice to the generality of subsections (2) to (5), any reference in an order made under section 372AB(1) to section 372AE, 372AF, 372AG or 372AH shall, as on and from the date of the passing of the Finance Act, 2002, be construed respectively as if it were a reference to—

(a) section 372AP, in so far as it relates to expenditure on construction,

(b) section 372AP, in so far as it relates to conversion expenditure,

(c) section 372AP, in so far as it relates to refurbishment expenditure, and

(d) section 372AR.

(9) All officers who immediately before the date of the passing of the Finance Act, 2002, stood authorised or nominated for the purposes of any provision of the old enactments shall be deemed to be authorised or nominated, as the case may be, for the purposes of the corresponding provision of this Chapter.

(10) All instruments, documents, authorisations and letters or notices of appointment made or issued under the old enactments and in force immediately before the date of the passing of the Finance Act, 2002, shall continue in force as if made or issued under this Chapter.”.