S.I. No. 758/2005 - Valuation Act 2001 (Global Valuation) (Apportionment) (Iarnród Éireann) Order 2005

S.I. No. 758 of 2005

ORDER

entitled

Valuation Act 2001 (Global Valuation) (Apportionment) (Iarnród Éireann) Order 2005

Made by the Minister for Finance.

I, Brian Cowen, Minister for Finance, in exercise of the powers conferred on me by sections 53(8) and 58 of the Valuation Act 2001 (No. 13 of 2001), after consultation with the Minister for the Environment, Heritage and Local Government, hereby order as follows:

1.         This Order may be cited as the Valuation Act 2001 (Global Valuation (Apportionment) (Iarnród Éireann) Order 2005.

2.         In this Order -

“areas” means administrative areas within the meaning of the Local Government Act 2001 (No. 37 of 2001);

“authorities” means rating authorities within the meaning of the Local Government Act 2001 (No. 37 of 2001);

“valuation” has the meaning assigned by Article 3(1).

3.         (1)          The Commissioner of Valuation shall apportion the global valuation of Iarnród Éireann, determined pursuant to the Valuation Act 2001 (Global Valuation (Iarnród Éireann) Order 2004 ( S.I. No. 708 of 2004 ) (in this Order referred to as “the valuation”), between authorities, pursuant to section 53(8) of the Valuation Act 2001 (No. 13 of 2001), in accordance with paragraphs (2) and (3) of this Article.

(2)    (a)     The valuation shall be apportioned among 3 groupings of authorities as follows:

(i)    45 per cent of the valuation shall be apportioned amongst all those authorities which are city councils and in whose areas property comprised in the valuation is situate;

(ii)    35 per cent of the valuation shall be apportioned amongst all those authorities which are county councils and in whose areas property comprised in the valuation is situate;

(iii)   20 per cent of the valuation shall be apportioned amongst all those authorities which are town councils or borough councils and in whose areas property comprised in the valuation is situate.

(b)     The portions of the valuation apportioned under subparagraph (a of this paragraph between the 3 groupings shall be further apportioned to individual authorities within each of those groupings in accordance with subparagraph (c) of this paragraph.

(c)     Subject to subparagraph (d) of this paragraph, the portion of the valuation apportioned to each grouping shall be apportioned among the authorities in the group concerned in whose areas property comprised in the valuation is situate in the proportion, expressed as a percentage, that the number of passengers using Iarnród Éireann passenger services in the area of each such authority in the year 2004 (as determined by Iarnród Éireann) bears to the total number of passengers using Iarnród Éireann passenger services in the year 2004 in the areas of all those authorities within the same grouping of authorities, as so determined.

(d)     The minimum apportioned valuation in respect of any authority area shall not be less than €30,000.

(3) (a)      In respect of the period for which an existing valuation list remains in force in relation to the area of an authority, the valuation apportioned to that authority under paragraph (2) of this Article shall be multiplied by a factor of .002664 to establish the valuation to be entered in the central valuation list pursuant to section 58 of the Valuation Act 2001 for that authority. The apportioned and adjusted valuation for each rating authority shall be rounded to the nearest whole euro.

(b)     Where the apportioned and adjusted valuation established pursuant to subparagraph (a) of this paragraph results in the amount concerned being an amount in euro and 50 cent, that amount shall be rounded upwards to the nearest whole euro.