S.I. No. 365/1995:

URBAN RENEWAL ACT, 1986 (REMISSION OF RATES) (NO. 2) SCHEME, 1995.

URBAN RENEWAL ACT, 1986 (REMISSION OF RATES) (NO. 2) SCHEME, 1995.

In exercise of the powers conferred on the Minister for the Environment by section 7 of the Urban Renewal Act, 1986 (No. 19 of 1986), which powers are delegated to me by the Environment (Delegation of Ministerial Functions) Order, 1995 ( S.I. No. 3 of 1995 ), I, LIZ McMANUS, Minister of State at the Department of the Environment, hereby make the following scheme:

1. This scheme may be cited as the Urban Renewal Act, 1986 (Remission of Rates) (No. 2) Scheme, 1995.

2. (1) In this scheme, unless the context otherwise requires, any reference to a Schedule or article is a reference to a Schedule or article of this scheme.

(2) In this scheme:--

"designated area" means an area which, by virtue of an Order mentioned in Part I of the First Schedule, is a designated area for the purposes of the Urban Renewal Act, 1986 ;

"designated street" means a street, or part of a street, which, by virtue of an Order mentioned in Part II of the First Schedule, is a designated area for the purposes of the Urban Renewal Act, 1986 ;

"office premises" means any part of a premises which is in use as, or as part of, an office, except where the use is incidental to the principal use of the premises;

"qualifying premises" means--

(a) premises which are situate in a designated area, other than a designated area within the county boroughs of Dublin, Cork, Limerick, Galway or Waterford, and which the relevant local authority are satisfied were erected, enlarged or improved within the period commencing on the 21st day of December, 1995 and ending on the 31st day of July, 1997;

(b) premises, excluding office premises, which are situate in a designated area within the county boroughs of Dublin, Cork, Limerick, Galway or Waterford, and which the relevant local authority are satisfied were erected, enlarged or improved within the period commencing on the 21st day of December, 1995 and ending on the 31st day of July, 1997; and

(c) premises, excluding office premises, which are situate on a designated street and which the relevant local authority are satisfied were enlarged or improved within the period commencing on the 21st day of December, 1995 and ending on the 31st day of July, 1997;

"rates leviable" means--

(a) where it is determined by the Commissioner of Valuation that the entire valuation of the hereditament which consists of or includes the qualifying premises is attributable to the erection, enlargement or improvement of the qualifying premises, the rates leviable on that valuation; or

(b) where the valuation of the hereditament which consists of or includes the qualifying premises is increased and it is determined by the Commissioner of Valuation that the increase or part of the increase is attributable to the erection, enlargement or improvement of the qualifying premises, the rates leviable on that increase or that part of the increase.

3. This scheme shall operate during the period commencing on the date of the making of this scheme and ending on the expiry of the last remission under article 5.

4. (1) Subject to sub-article (2) of this article, this scheme shall apply in respect of all qualifying premises.

(2) Where, on the date first referred to in article 3, a scheme mentioned in the Second Schedule applies to a qualifying premises, then, notwithstanding sub-article (1) of this article, this scheme shall only apply to such premises during the period commencing on the 1st day of August, 1996 and ending on the 31st day of July, 1997.

5. Rates leviable in respect of premises to which this scheme applies shall, in each of the ten local financial years next following that in which the valuation or increased valuation comes into force, be remitted to the extent specified in the second column of the Table set out in the Third Schedule to this scheme opposite the number of the year in the first column of the said Table.

FIRST SCHEDULE

PART I

Urban Renewal Act, 1986 (Designated Areas) (Athlone) Order, 1994 ( S.I. No. 372 of 1994 ).

Urban Renewal Act, 1986 (Designated Areas) (Athlone) (No. 2) Order, 1994 ( S.I. No. 422 of 1994 ).

Urban Renewal Act, 1986 (Designated Areas) (Ballinasloe) Order, 1994 ( S.I. No. 373 of 1994 ).

Urban Renewal Act, 1986 (Designated Areas) (Bray) Order, 1994 ( S.I. No. 374 of 1994 ).

Urban Renewal Act, 1986 (Designated Areas) (Carlow) Order, 1994 ( S.I. No. 390 of 1994 ).

Urban Renewal Act, 1986 (Designated Areas) (Clonmel) Order, 1994 ( S.I. No. 375 of 1994 ).

Urban Renewal Act, 1986 (Designated Areas) (Cobh) Order, 1995 ( S.I. No. 248 of 1995 ).

Urban Renewal Act, 1986 (Designated Areas) (Cork) Order, 1994 ( S.I. No. 362 of 1994 ) insofar, but only insofar, as it relates to each of the areas which articles 2 and 4 thereof declare to be a designated area.

Urban Renewal Act, 1986 (Designated Areas) (Dublin) Order, 1994 ( S.I. No. 407 of 1994 ) insofar, but only insofar, as it relates to each of the areas which article 2 thereof declares to be a designated area.

Urban Renewal Act, 1986 (Designated Areas) (Dundalk) Order, 1994 ( S.I. No. 376 of 1994 ).

Urban Renewal Act, 1986 (Designated Areas) (Dungarvan) Order, 1994 ( S.I. No. 378 of 1994 ).

Urban Renewal Act, 1986 (Designated Areas) (Enniscorthy) Order, 1994 ( S.I. No. 377 of 1994 ).

Urban Renewal Act, 1986 (Designated Areas) (Galway) Order, 1994 ( S.I. No. 369 of 1994 ) insofar, but only insofar, as it relates to each of the areas which articles 2 and 4 thereof declare to be a designated area.

Urban Renewal Act, 1986 (Designated Areas) (Kilkenny) Order, 1994 ( S.I. No. 379 of 1994 ).

Urban Renewal Act, 1986 (Designated Areas) (Killarney) Order, 1994 ( S.I. No. 380 of 1994 ).

Urban Renewal Act, 1986 (Designated Areas) (Letterkenny) Order, 1994 ( S.I. No. 381 of 1994 ).

Urban Renewal Act, 1986 (Designated Areas) (Limerick) Order, 1994 ( S.I. No. 364 of 1994 ) insofar, but only insofar, as it relates to each of the areas which article 2 thereof declares to be a designated area.

Urban Renewal Act, 1986 (Designated Areas) (Longford) Order, 1994 ( S.I. No. 382 of 1994 ).

Urban Renewal Act, 1986 (Designated Areas) (Mallow) Order, 1994 ( S.I. No. 383 of 1994 ).

Urban Renewal Act, 1986 (Designated Areas) (Monaghan) Order, 1994 ( S.I. No. 384 of 1994 ).

Urban Renewal Act, 1986 (Designated Areas) (Mullingar) Order, 1994 ( S.I. No. 387 of 1994 ).

Urban Renewal Act, 1986 (Designated Areas) (Navan) Order, 1994 ( S.I. No. 385 of 1994 ).

Urban Renewal Act, 1986 (Designated Areas) (Nenagh) Order, 1994 ( S.I. No. 386 of 1994 ).

Urban Renewal Act, 1986 (Designated Areas) (Newbridge) Order, 1994 ( S.I. No. 388 of 1994 ).

Urban Renewal Act, 1986 (Designated Areas) (Portlaoise) Order, 1994 ( S.I. No. 389 of 1994 ).

Urban Renewal Act, 1986 (Designated Areas) (Roscommon) Order, 1994 ( S.I. No. 368 of 1994 ).

Urban Renewal Act, 1986 (Designated Areas) (Sligo) Order, 1994 ( S.I. No. 365 of 1994 ).

Urban Renewal Act, 1986 (Designated Areas) (Tralee) Order, 1994 ( S.I. No. 361 of 1994 ).

Urban Renewal Act, 1986 (Designated Areas) (Tullamore) Order, 1994 ( S.I. No. 371 of 1994 ).

Urban Renewal Act, 1986 (Designated Areas) (Waterford) Order, 1994 ( S.I. No. 370 of 1994 ) insofar, but only insofar, as it relates to each of the areas which article 2 thereof declares to be a designated area.

Urban Renewal Act, 1986 (Designated Areas) (Wexford) Order, 1994 ( S.I. No. 363 of 1994 ).

Urban Renewal Act, 1986 (Designated Areas) (Wicklow) Order, 1994 ( S.I. No. 367 of 1994 ).

Urban Renewal Act, 1986 (Designated Areas) Order, 1995 ( S.I. No. 247 of 1995 ).

Urban Renewal Act, 1986 (Designated Areas) Order, 1988 ( S.I. No. 92 of 1988 ) insofar, but only insofar, as it relates to the area therein described as "Description of Designated Area in Castlebar".

Urban Renewal Act, 1986 (Designated Areas) (No. 2) Order, 1990 ( S.I. No. 289 of 1990 ) insofar, but only insofar, as it relates to the areas therein described as "Description of Designated Area in Ballina", "Description of Designated Areas in Drogheda" and "Description of Designated Area in Ennis".

PART II

Urban Renewal Act, 1986 (Designated Areas) (Cork) Order, 1994 ( S.I. No. 362 of 1994 ) insofar, but only insofar, as it relates to each of the streets or parts of those streets which article 3 thereof declares to be a designated area.

Urban Renewal Act, 1986 (Designated Areas) (Dublin) Order, 1994 ( S.I. No. 407 of 1994 ) insofar, but only insofar, as it relates to each of the streets or parts of those streets which article 3 thereof declares to be a designated area.

Urban Renewal Act, 1986 (Designated Areas) (Galway) Order, 1994 ( S.I. No. 369 of 1994 ) insofar, but only insofar, as it relates to each of the streets or parts of those streets which article 3 thereof declares to be a designated area.

Urban Renewal Act, 1986 (Designated Areas) (Limerick) Order, 1994 ( S.I. No. 364 of 1994 ) insofar, but only insofar, as it relates to each of the streets or parts of those streets which article 3 thereof declares to be a designated area.

Urban Renewal Act, 1986 (Designated Areas) (Waterford) Order, 1994 ( S.I. No. 370 of 1994 ) insofar, but only insofar, as it relates to each of the streets or parts of those streets which article 3 thereof declares to be a designated area.

SECOND SCHEDULE

Urban Renewal Act, 1986 (Remission of Rates) Scheme, 1986 ( S.I. No. 276 of 1986 ) as amended by the Urban Renewal Act, 1986 (Remission of Rates) (Amendment) Scheme, 1989 ( S.I. No. 195 of 1989 ), the Urban Renewal Act, 1986 (Remission of Rates) (Amendment) Scheme, 1991 ( S.I. No. 192 of 1991 ) and the Urban Renewal Act, 1986 (Remission of Rates) (Amendment) Scheme, 1994 ( S.I. No. 418 of 1994 ).

Urban Renewal Act, 1986 (Remission of Rates) Scheme, 1988 ( S.I. No. 93 of 1988 ) as amended by the Urban Renewal Act, 1986 (Remission of Rates) (Amendment) Scheme, 1991 ( S.I. No. 192 of 1991 ) and the Urban Renewal Act, 1986 (Remission of Rates) (Amendment) Scheme, 1994 ( S.I. No. 418 of 1994 ).

Urban Renewal Act, 1986 (Remission of Rates) Scheme, 1990 ( S.I. No. 205 of 1990 ) as amended by the Urban Renewal Act, 1986 (Remission of Rates) (Amendment) Scheme, 1994 ( S.I. No. 418 of 1994 ).

Urban Renewal Act, 1986 (Remission of Rates) (No. 2) Scheme, 1990 ( S.I. No. 288 of 1990 ) as amended by the Urban Renewal Act, 1986 (Remission of Rates) (Amendment) Scheme, 1994 ( S.I. No. 418 of 1994 ).

THIRD SCHEDULE

TABLE

Remission of Rates Leviable

Dated this 21st day of December, 1995.

LIZ McMANUS,

Minister of State at the Department of

the Environment.

The Minister for Finance hereby consents to this scheme.

GIVEN under the Official Seal of the Minister for Finance, this

21st day of December, 1995.

RUAIRÍ QUINN,

Minister for Finance.

EXPLANATORY NOTE.

This scheme provides for the remission in whole or in part of rates leviable in respect of certain premises which are erected, enlarged or improved in certain areas designated under section 6 (2) of the Urban Renewal Act, 1986 .