Taxes Consolidation Act, 1997

Designated areas, designated streets and enterprise areas.

[FA94 s39; FA95 s35(1)(b); FA97 s26(b)]

340.—(1) The Minister for Finance may, after consultation with the Minister for the Environment and Local Government, by order direct that—

(a) the area or areas, or street or streets, described in the order shall be a designated area, a designated street or, as the case may be, an enterprise area for the purposes of this Chapter, and

(b) as respects any such area or any such street so described, the definition of “qualifying period” in section 339 shall be construed as a reference to such period as shall be specified in the order in relation to that area or, as the case may be, that street; but no such period specified in the order shall commence before the 1st day of August, 1994, or end after the 31st day of July, 1997.

(2) The Minister for Finance may, after consultation with the Minister for Public Enterprise and following receipt of a proposal from or on behalf of a company intending to carry on qualifying trading operations (within the meaning of section 343 ) in an area or areas immediately adjacent to any of the airports commonly known as—

(a) Cork Airport,

(b) Donegal Airport,

(c) Galway Airport,

(d) Kerry Airport,

(e) Knock International Airport,

(f) Sligo Airport, or

(g) Waterford Airport,

being a company which, if those trading operations were to be carried on in an area which apart from this subsection would be an enterprise area, would be a qualifying company (within the meaning of section 343 ), by order direct that—

(i) the area or areas described in the order shall be an enterprise area for the purposes of this Chapter, and

(ii) as respects any such area so described in the order, the reference in paragraph (a) of the definition of “qualifying period” in section 339 (1) to the period commencing on the 1st day of August, 1994, and ending on the 31st day of July, 1997, shall be construed as a reference to such period as shall be specified in the order in relation to that area, but no such period specified in the order shall commence before the 1st day of August, 1994, or end after the 30th day of June, 2000.

(3) Every order made by the Minister for Finance under subsection (1) or (2) shall be laid before Dáil Éireann as soon as may be after it is made and, if a resolution annulling the order is passed by Dáil Éireann within the next 21 days on which Dáil Éireann has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.