S.I. No 284 of 2005

Finance Act 2005 (Commencement of Certain Provisions of Chapter 2 of Part 2) Order 2005

I, Brian Cowen, Minister for Finance, in exercise of the powers conferred on me by section 70 of the Finance Act 2005 ( No. 5 of 2005 ), hereby order as follows:

1.          This Order may be cited as the Finance Act 2005 (Commencement of Certain Provisions of Chapter 2 of Part 2) Order 2005.

2.          The 1st day of July 2005 is appointed as the day on which -

(a)        sections 65, 66, 67(b) and 69 of the Finance Act 2005 come into operation, and

(b)        so much of the amendment of Schedule 2 to the Finance Act 1999 referred to in section 64(b) of the Finance Act 2005 , in so far as it relates to rates of mineral oil tax on coal, comes into operation.

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation).

This order appoints the 1 st day of July 2005 as the date for coming into operation of sections 65, 66, 67(b) and 69 of the Finance Act 2005 , and so much of the amendment of Schedule 2 to the Finance Act 1999 referred to in section 64(b) of the Finance Act 2005 , as it relates to the rates of Mineral Oil Tax on coal.

Only that part of section 64(b) which amends so much of Schedule 2 of the Finance Act 1999 , as it relates to the rates of Mineral Oil Tax on coal, comes into operation. This provides for rates of tax on coal at €4.18 for business use and €8.36 for other use.

Section 65 amends section 94 of the Finance Act 1999 to insert or amend definitions to bring them into line with current law and to support the application of Mineral Oil Tax to coal.

Section 66 amends section 95 of the Finance Act 1999 to provide that the method for measuring volume of mineral oil does not apply to coal. It also updates a reference to EU Law.

Section 67(b) amends section 100 of the Finance Act 1999 to introduce reliefs from Mineral Oil Tax on coal.

Section 69 inserts two new sections in Mineral Oil Tax law (Chapter 1 of Part 2 of the Finance Act 1999 ) to provide for the time of liability for the tax on coal and for the registration of coal traders and persons liable to pay Mineral Oil Tax on coal.