Motor Vehicle (Duties And Licences) Act 2012

Amendment of section 6 of Local Government Act 1998.

6.— Section 6 of the Local Government Act 1998 is amended—

(a) by inserting the following subsections after subsection (2B):

“(2C) Subject to subsections (2E) and (2G), the Minister may, from time to time, pursuant to a request from the Minister for Finance, make one, or more than one, payment out of the Fund in the amount requested by the Minister for Finance and such payment, or payments, shall—

(a) be made, subject to paragraphs (b) and (c), from the moneys that have been paid into the Fund,

(b) be made, subject to paragraph (c), out of the moneys specified in subsection (2D), and

(c) be limited to such moneys that represent the increase, calculated in accordance with subsection (2F)—

(i) in the rates specified for motor vehicle tax in respect of licences referred to in subsection (2D)(a), and

(ii) in the rates specified for duties of excise, charged, levied and paid on a trade licence under section 21 (3) of the Finance (No. 2) Act 1992 , referred to in subsection (2D)(b).

(2D) A payment under subsection (2C) shall, subject to subsection (2C)(c), be made out of those moneys paid into the Fund on and after 7 December 2011 for—

(a) motor vehicle tax in respect of licences having a commencement date between January 2012 and December 2012, and

(b) miscellaneous fees and duties, within the meaning of section 5, in so far as they relate to moneys collected from duties of excise charged, levied and paid on a trade licence under section 21 (3) of the Finance (No. 2) Act 1992 for 2012.

(2E) The total amount of all payments made under subsection (2C) in respect of 2012 shall not exceed €46.5 million.

(2F) For the purposes of subsection (2C)(c) and the calculation of the increase referred to in that subsection—

(a) such increase for the motor vehicle tax in respect of licences, referred to in subsection (2D)(a), shall be calculated by ascertaining the difference between the rates of such motor vehicle tax in respect of licences that applied—

(i) on 1 January 2011, and

(ii) on 1 January 2012,

and

(b) such increase for the duties of excise, referred to in subsection (2D)(b), shall be calculated by ascertaining the difference between the rates of such duties of excise that applied—

(i) on 1 January 2011, and

(ii) on 1 January 2012.

(2G) The Minister shall, from time to time, provide the Minister for Finance with information relating to the amount of the moneys, specified in subsection (2D), paid into the Fund and the amount of such moneys that represent the increase referred to in subsection (2C)(c).”,

and

(b) by inserting the following subsection after subsection (6):

“(6A) The moneys paid out of the Fund under subsection (2C) shall be paid into, or disposed of for the benefit of, the Exchequer in such manner as the Minister for Public Expenditure and Reform may determine.”.