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Amendments to Act of 2001
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40. The Act of 2001 is amended—
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(a) in section 3, in the definition of “officer of the Commissioner”, by the substitution of the following paragraph for paragraph (a):
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“(a) a member of the staff of Tailte Éireann,”,
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(b) in section 4—
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(i) by the substitution of the following subsection for subsection (1):
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“(1) In this section, as reference to a proceeding before the Tribunal shall be construed as a reference to—
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(a) an appeal made to the Tribunal under section 34, or
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(b) a requirement made of the Tribunal under section 39(2),
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and a reference to the person bringing such proceeding shall be a reference to the person making that appeal or requirement.”,
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(ii) in subsection (2) by the deletion of “the Commissioner and” and “the Commissioner or”,
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(iii) in subsection (4) —
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(I) by the substitution of “required by the Tribunal” for “required by the Commissioner or the Tribunal, as the case may be,”,
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(II) by the substitution of “before the Tribunal” for “before the Commissioner or the Tribunal”, and
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(III) by the substitution of “considered by the Tribunal” for “considered by the Commissioner or the Tribunal, as the case may be”,
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(iv) by the deletion of subsection (5), and
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(v) in subsection (7)(b), by—
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(I) the substitution of “enabling the Tribunal” for “enabling the Commissioner or the Tribunal, as the case may be,”, and
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(II) by the deletion of “or application”,
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(c) in section 23, by the insertion of the following subsection after subsection (4):
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“(5) (a) A valuation list that has been replaced in accordance with subsection (3)(a) (in this subsection referred to as a ‘replaced valuation list’) may be made available for inspection at such place or in such manner as Tailte Éireann may determine.
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(b) A person may apply in writing to Tailte Éireann for information from a replaced valuation list.”,
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(d) in section 53—
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(i) in subsection (1), by the substitution of “Tailte Éireann” for “the Commissioner”,
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(ii) in subsection (3) (a), by the deletion of “the Minister for the Environment and Local Government and”,
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(iii) in subsection (5), by the substitution of “in the opinion of Tailte Éireann” for “in the opinion of the Commissioner” in each place where it occurs,
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(iv) in subsection (6) —
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(I) by the substitution of “Tailte Éireann” for “the Commissioner”, and
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(II) by the deletion of “the Minister for the Environment and Local Government and”,
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(v) in subsection (7), by the substitution of “Tailte Éireann” for “the Commissioner”,
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(vi) in subsection (8) —
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(I) by the substitution of “Tailte Éireann” for “The Commissioner”, and
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(II) by the substitution of “any other Minister of the Government who, in the opinion of the Minister, is concerned in the matter” for “the Minister for Environment and Local Government”,
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(vii) in subsection (9), by the substitution of “Tailte Éireann” for “the Commissioner” in each place where it occurs,
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(viii) in subsection (10) —
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(I) by the substitution of “Tailte Éireann shall” for “The Commissioner shall”,
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(II) by the substitution of “the Minister and to any other Minister of the Government who, in the opinion of Tailte Éireann, is concerned in the matter” for “the Minister for the Environment and Local Government”, and
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(III) by the substitution of “such other information as Tailte Éireann considers appropriate” for “such other information as the Commissioner considers appropriate”,
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(ix) in subsection (11)—
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(I) by the substitution of “Tailte Éireann shall” for “The Commissioner shall”, and
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(II) by the substitution of “, the Minister and any other Minister of the Government who, in the opinion of Tailte Éireann, is concerned in the matter and Tailte Éireann shall issue the notice referred to in subsection (12) to the undertaking concerned and the Minister and such other Minister of the Government, if any, who was issued with a copy of the certificate.” for “and the Minister for Housing, Planning and Local Government and the Commissioner shall issue the notice referred to in subsection (12) to the undertaking concerned and that Minister of the Government.”,
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(x) by the substitution of the following subsection for subsection (12):
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“(12) The notice mentioned in subsection (11) is a notice stating that, if the undertaking concerned or the Minister or such other Minister of the Government, if any, who was issued with a copy of the certificate referred to in subsection (11) is dissatisfied with any material particular stated in the copy of the certificate referred to in that subsection, it or the Minister or such other Minister of the Government, if any, as was issued with a copy of the certificate may, within 40 days from the date of the issuing of the copy to it or him or her, make submissions under this subsection to Tailte Eireann in relation to the matter (and such an undertaking and the Minister and such other Minister of the Government, if any, issued with a copy of the certificate may make such submissions, within that period to Tailte Eireann accordingly).”,
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and
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(xi) in subsection (14), by the substitution of “Tailte Éireann” for “The Commissioner”,
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(e) in section 56(2), by the substitution of “revision manager” for “revision officer” in each place where it occurs,
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(f) in section 60(1) and (2), by the substitution of “a valuation list or a valuation list that has been replaced in accordance with section 23 or part” for “a valuation list or part”,
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(g) in section 67A, by the substitution of the following subsection for subsection (6):
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“(6) The production to a court or Tailte Éireann of a certificate issued under subsection (4), purporting to state the value of a property determined under subsection (2), shall, without proof of the signature of the person duly authorised to issue such a certificate, be sufficient evidence, until the contrary is proven, of the matters stated in the certificate.”,
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and
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(h) in section 67B, by the substitution of the following subsection for subsection (4):
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“(4) The production to a court or Tailte Éireann of a certified copy extract of a valuation list issued under subsection (1), purporting to be an extract of a valuation list, shall, without proof of the signature of the person duly authorised to certify such a copy extract, be sufficient evidence, until the contrary is proven, of the matters stated in the document.”.
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