As the Deputy may be aware it is not always appropriate that all sections of an Act commence from the date it is signed by a Minister. The use of a commencement provision facilitates a more flexible approach by enabling specific sections to be commenced at a later stage by means of a Statutory Instrument. This may arise where it is not appropriate to enact a provision until further consultation takes place.
The following table lists the Acts, sections and other provisions of Acts coming wholly or partly under the auspices of my Department which are not in force and which require the future making of a commencement order.
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Title of Acts or sections or other provisions of Acts requiring Commencement Order
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When will the Commencement order be made
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Reason why such an order has not been made to date
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Bretton Woods Agreement Amendment Act 1999
Proposal under Section 7, for an additional payment of €500,000 to the International Monetary Fund’s Poverty Reduction and Growth Facility (PRGF) to provide for emergency assistance for natural disasters to PRGF eligible countries.
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21 Dáil Sitting days from 7th June 2006
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Section 7, Bretton Woods Agreement Amendment Act 1999 requires this proposal to be laid before the Dáil for 21 sitting days.The proposal was so laid on 7 June 2006.
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Credit Union Act 1997
Limitation under Section 68 (1) (c) on remuneration payable by a credit union to a credit officer or credit control officer.
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Under review
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Not commenced due to concerns from the Credit Union Movement at the time. This section is being considered as part of the current review of longer term credit union lending.
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Credit Union Act 1997
Duty of an auditor under Section 120 (5) in reporting on the accounting records and systems of control of credit unions.
Duty of an auditor under Section 122 (1) (f) to report any failure by the board of directors of a credit union to respond to recommendations made by him.
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Under review
Under review
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Not commenced at the time due to concerns raised by the accountancy profession. The Department and the Financial Regulator will be consulting with the accountancy profession in the coming weeks.
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Central Bank and Financial Services Authority of Ireland Act 2004
Schedule 3, Part 1, Item 1 deals with amendment of Insurance Act 1936
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Still under review
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Following consultation with the insurance industry, the Financial, Regulator has asked for its implementation to be deferred.
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Taxes Consolidation Act 1997
Section 917EA (mandatory electronic filing and payment of tax) of the Taxes Consolidation Act 1997 (inserted by section 164 of the Finance Act 2003).
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Activation of this Section is not yet required
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While the Revenue Commissioners are committed to examining the possibilities of requiring some classes of taxpayers (e.g. large companies) to mandatory file tax returns, Revenue’s consideration of the issues involved is not yet at the stage where the activation of this section is required.
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Finance Act 2006.
Replacement of section 98A of the Finance Act 1999 (as provided for by section 81 of the Finance Act 2006).
The new section 98A will provide for a scheme of relief from mineral oil tax for biofuels essential to qualifying projects.
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September/ October 2006
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Commencement of section 81 of the 2006 Act is subject to receiving state aid clearance from the European Commission.
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Finance Act 2006
Replacement for Schedule 2 to the Finance Act 1999 (as originally provided for by section 64(b) of the Finance Act 2005 and subsequently by section 79(b) of the Finance Act 2006).
Schedule 2 to the Finance Act 1999, as inserted by section 79(a) of the Finance Act 2006, sets down the rates of Mineral Oil Tax to apply to the various Mineral Oil products.
Section 79(b) of the 2006 Act allows for the replacement of that Schedule so as to introduce differentiated rates in favour of petrol and auto diesel with a sulphur content not exceeding 10 milligrammes per kilogramme.
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No date set at present
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A commencement order cannot be made at this stage because the “sulphur free” products for which the replacement Schedule makes provision are not yet readily available on the Irish market.
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Finance Act 2005
Section 16 Finance Act 2005 which deals with the question of the taxation of share options.
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No date set at present
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Consultations are ongoing with tax practitioners as regards OECD recommendations on the tax treatment of the exercise of share options involving cross border issues.
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Finance Act 2006
Section 36 Finance Act 2006. which deals with capital allowances for qualifying health centres.
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No date set at present
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Awaiting commencement of section 64 of the Mental Health Act 2001 and the making of regulations under section 66 of that Act
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Finance Act 2006
Section 67 Finance Act 2006 – subsections (1)(a)(ii), (1)(b), (1)(c), (1)(d), (1)(e) and (1)(f)(ii). These Finance Act provisions relate to the removal of an existing limit of 75% on the number of ships that a shipping company may charter if it is to qualify under the tonnage tax regime.
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No date set at present
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Awaiting the conclusion of consultations with the European Commission.
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Finance Act 2006
Section 122 (Payments of tax by means of donation of heritage property to an Irish heritage trust).
Section 23 (Amendment of Schedule 26a, donations to approved bodies, etc., to Principal Act).
Section 73 (Amendment of section 606, disposals of work of art, etc., loaned for public display, of Principal Act).
Section 115 (Amendment of section 77, exemption of heritage property, of Principal Act).
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Early October 2006
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The order could not be made until the Irish Heritage Trust was formally established as a company and had been granted charitable tax exemption. This has now taken place and arrangements are now being made to put in place the necessary Commencement Order and Designation Order.
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Finance Act 2006
Section 93(1) and section 97(1)(b) section 99(1)(a) of the Finance Act 2006. These sections provide a replacement rule for the VAT treatment of the supply of a “package” comprising two or more elements which attract VAT at different rates.
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November 2006
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The gap between the Finance Act and the Commencement Order was necessary to allow taxpayers time to familiarise themselves with the impact of the new rules and thereby ensure a smooth transition from the current provisions.
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