Valuation Act, 1986

1986 2

No. 2/1986:

VALUATION ACT, 1986

ARRANGEMENT OF SECTIONS

Section

1. Definitions.

2. Extension of Act of 1852.

3. Schedule to Act of 1852.

4. Application of section 11 of Act of 1852.

5. Amendment of section 11 of Act of 1852.

6. Extension of section 4 of Valuation (Ireland) Amendment Act, 1854.

7. Amendment of Act of 1860.

8. Schedule to Act of 1860.

9. Short title and construction.

ACTS REFERRED TO

Annual Revision of Rateable Property (Ireland) Amendment Act, 1860	1860, c. 4
Valuation (Ireland) Act, 1852	1852, c. 63
Valuation (Ireland) Amendment Act, 1854	1854, c. 8
Valuation Acts

Number 2 of 1986

VALUATION ACT, 1986

AN ACT TO AMEND THE VALUATION ACTS.

[4th March, 1986]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Definitions.

1.—(1) In this Act—

"the Act of 1852" means the Valuation (Ireland) Act, 1852;

"the Act of 1860" means the Annual Revision of Rateable Property (Ireland) Amendment Act. 1860;

"the Minister" means the Minister for Finance.

(2) For the purposes of the Valuation Acts, "plant" means—

( a ) any fixture or structure so attached or secured to. or integrated with, premises comprising any mill or manufactory, or building erected or used for any such purpose, as to be of a permanent or semi-permanent nature, or

( b ) any fixture or structure associated with such premises that, although free-standing, is of such size, weight and construction as to he of a permanent or semi-permanent nature.

Extension of Act of 1852.

2.—For the purposes of the Act of 1852, property failing within any of the categories of fixed property specified in the Schedule to the Act of 1852 (inserted by this Act) shall be deemed to be rateable hereditaments in addition to those specified in section 12 of that Act.

Schedule to Act of 1852.

3.—(1) The Act of 1852 is hereby amended by the insertion after section 48 of the following Schedule:

"SCHEDULE

(1) Reference Number	(2) Categories of Fixed Property
1.	All constructions affixed to lands or tenements, other than buildings referred to in section 14 of this Act.
2.	All lands developed for any purpose other than agriculture, horticulture, forestry or sport, irrespective of whether or not such land is surfaced, and including any constructions affixed thereto which pertain to the development.
3.	All cables, pipelines and conduits (whether underground, on the surface or overhead), and including all pylons, supports and other constructions which pertain to them.
4.	All fixed moorings, piers and docks.
5.	Plant falling within any of the categories of plant specified in the Schedule to the Annual Revision of Rateable Property (Ireland) Amendment Act, 1860 (inserted by the Valuation Act, 1986 ).

(2) The Minister may by order amend the Schedule to the Act of 1852 (inserted by this Act), and may by such an order add to that Schedule a category of fixed property specified in the order, of vary the description of any such category.

(3) The Minister may by order amend or revoke an order under this section.

(4) Whenever an order is proposed to be made under this section, a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.

Application of section 11 of Act of 1852.

4.—Section 11 of the Act of 1852 applies to the categories of fixed property specified in the Schedule to that Act (inserted by this Act) as if such fixed property were tenements or rateable hereditaments specified in that section, and the valuation of such tenements or hereditaments shall be made in the manner provided by that section in regard to houses and buildings.

Amendment of section 11 of Act of 1852.

5.—(1) Notwithstanding section 11 of the Act of 1852, in making or revising a valuation of a tenement or rateable hereditament, the amount of the valuation which, apart from this section, would be made may be reduced by such amount as is necessary to ensure, in so far as is reasonably practicable, that the amount of the valuation bears the same relationship to the valuations of other tenements and rateable hereditaments as the net annual value of the tenement or rateable hereditament bears to the net annual values of the other tenements and rateable hereditaments.

(2) Without prejudice to the foregoing, for the purpose of ensuring such a relationship regard shall be had, in so far as is reasonably practicable, to the valuations of tenements and rateable hereditaments which are comparable and of similar function and whose valuations have been made or revised within a recent period.

Extension of section 4 of Valuation (Ireland) Amendment Act, 1854.

6.—Section 4 of the Valuation (Ireland) Amendment Act, 1854, applies to the categories of fixed property specified in the Schedule to the Act of 1852 (inserted by this Act) as if such fixed property were amongst the tenements or hereditaments specified in that section the annual value of which is liable to frequent alteration.

Amendment of Act of 1860.

7.—The following section is hereby substituted for section 7 of the Act of 1860:

"7. (1) ( a ) In making the valuation of any mill or manufactory, or building erected or used for any such purpose, the Commissioner of Valuation shall in each case value the water or other motive power thereof, but shall not take into account the value of any machinery therein, save only such as shall be erected and used for the production of motive power.

( b ) For the purposes of this subsection, machinery erected and used for the production of motive power includes electrical power connections.

(2) The Commissioner of Valuation shall value plant failing within any of the categories of plant specified in the Schedule to this Act (inserted by the Valuation Act, 1986).

(3) In valuing plant referred to in subsection (2) of this section, the Commissioner of Valuation shall not take into consideration a part of any plant which moves (or is moved) mechanically or electrically, other than a telescopic container.".

Schedule to Act of 1860.

8.—(1) The Act of 1860 is hereby amended by the insertion after section 15 of the following Schedule:

"SCHEDULE

(1) Reference Number	(2) Categories of Plant
1.	All constructions affixed to the premises comprising a mill, manufactory or building (whether on or below the ground) and used for the containment of a substance or for the transmission of a substance or electric current, including any such constructions which are designed or used primarily for storage or containment (whether or not the purpose of such containment is to allow a natural or a chemical process to take place), but excluding any such constructions which are designed or used primarily to induce a process of change in the substance contained or transmitted.
2.	All fixed furnaces, boilers, ovens and kilns.
3.	All ponds and reservoirs.

(2) The Minister may by order amend the Schedule to the Act of 1860 (inserted by this Act), and may by such an order add to that Schedule a category of plant specified in the order, or vary the description of any such category.

(3) The Minister may by order amend or revoke an order under this section.

Short title and construction.

9.—(1) This Act may be cited as the Valuation Act, 1986 .

(2) The Valuation Acts and this Act shall be construed together as one.

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Irish Legislation

Valuation Act, 1986