Exchequer and Local Financial Years Act, 1974

Powers to amend statutes and statutory instruments, etc.

5.—(1) Where any statute or statutory instrument (whether passed, made, issued or granted before or after the passing of this Act) contains a reference to one or more of the following—

(a) a date or period of time,

(b) the making or preparation of payments, estimates or accounts, the taking of any other action or the complying with any requirement,

(c) an amount or instalment of money,

(d) an annual sum or any other sum related to a particular period,

(e) a limit on an amount of money, being money which may be raised, levied, borrowed or paid pursuant to a statute or statutory instrument,

(f) a valuation,

(g) the determining, making, levying, collection or recovery of rates,

(h) a rate, proportion, percentage, formula or other basis of calculation,

(i) a matter which is analogous to any of the foregoing,

and the matter referred to is directly or indirectly related to or affected by the operation of a provision of this Act, the Minister, or any other Minister of State with the consent of the Minister, may by order adapt, modify or otherwise amend the statute or statutory instrument in such manner as he considers is appropriate having regard to the provision.

(2) The Minister, or any other Minister of State with the consent of the Minister, may by order provide that a particular reference to which subsection (1) of this section relates occurring in any statute or statutory instrument, or in a statute or statutory instrument of a specified class shall be construed and have effect subject to such adaptation, modification or other amendment as is appropriate having regard to the manner in which the matter referred to is related to or is affected by the operation of this Act.

(3) Notwithstanding anything contained in any other enactment, the Minister, or any other Minister of State with the consent of the Minister, may, as regards any amount or instalment of money or sum to which this subsection applies, by order provide for either or both of the following:

(a) that the amount, instalment or sum shall be altered by such proportion as the Minister of State making the order considers appropriate having regard to section 4 of this Act and specifies in the order,

(b) that the amount, instalment or sum, or a specified part thereof, shall be paid or shall become due for payment, on such day as shall be specified in the order.

(4) Subsection (3) of this section applies to an amount or instalment of money and to an annual sum or other sum related to a particular period, being an amount, instalment or sum—

(a) the payment, size or amount of which is directly or indirectly affected by the operation of section 4 of this Act, and

(b) which is payable under any statute or statutory instrument or under any statute or statutory instrument of a class specified in an order made under subsection (3) of this section, and

(c) which is payable by, to or by and to a person so specified.

(5) Notwithstanding anything contained in any other enactment, the Minister, or any other Minister of State with the consent of the Minister, may, as regards any limit described in paragraph (e) of subsection (1) of this section which is affected directly or indirectly by the operation of section 4 of this Act, by order provide that the limit shall be reduced by such proportion as the Minister of State making the order considers appropriate having regard to the said section 4 and specifies in the order.

(6) The amendment of any provision by an order under this section shall not prejudice any power to amend or vary that provision conferred otherwise than by this section.

(7) Subject to section 8 (1) of this Act, an order made under this section may have retrospective effect.

(8) In this section “rates” means any rate which may be made by a rating authority within the meaning of the Local Government Act, 1946 .