Capital Acquisitions Tax Consolidation Act 2003

1 Definitions.

1.— In this Act, unless the context otherwise requires—

“the Act of 1965” means The Royal College of Surgeons in Ireland (Charter Amendment) Act 1965;

“the Charter of 1828” means the Royal Charter of Incorporation of the Royal College of Surgeons in Ireland, of the 13th day of September 1828;

“the Charter of 1844” means the Supplemental Charter of the Royal College of Surgeons in Ireland 1844, of the 11th day of January 1844;

“the Charter of 1883” means the Supplemental Charter of the Royal College of Surgeons in Ireland 1883, of the 31st day of October 1883;

“the Charter of 1885” means the Supplemental Charter of the Royal College of Surgeons in Ireland 1885, of the 23rd day of May 1885;

“the Charters” means the Charter of 1828, the Charter of 1844, the Charter of 1883 and the Charter of 1885;

“the College” means the body corporate constituted by the Charter of 1828 and supplemented and or amended by the Charter of 1844, the Charter of 1883, the Charter of 1885 and the Act of 1965.

2 Repeal of provisions of the Charter of 1828.

2.— Paragraphs 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, 15 and 16 of the Charter of 1828 shall be repealed.

3 Amendment of Paragraph 2 of the Charter of 1828.

3.— The Charter of 1828 shall be read and construed as if the following words were deleted therefrom where the same appear at Paragraph 2 thereof that is to say the words:

“AND by the aforesaid name shall have perpetual succession and shall and may, for ever hereafter, implead and be impleaded, before all manner of justices in all courts, and in all manner of actions and suits; and also, that they and their successors by the same name shall be, at all times hereafter for ever, able and capable in law to hold, purchase, enjoy and take a hall, with convenient appurtenances; and also any other buildings, lands, tenements, rents and hereditaments, wheresoever situate, not exceeding the yearly rent or value of two thousand pounds sterling; and also, obligations, goods, and chattels and all other things of what nature name, and quality the same may be; and also to grant, demise, alien, assign, and dispose of certain lands, tenements, and hereditaments, rents, goods and chattels, and enforce and sue upon said obligations, and to do and execute all other things lawful, necessary, and convenient for the common profit of the said College.”

and as if in substitution for the words so last deleted the words:

“AND by the aforesaid name shall have perpetual succession and shall and may, for ever hereafter, implead and be impleaded, before all manner of justices in all courts, and in all manner of actions and suits; and also, that they and their successors by the same name shall be, at all times hereafter for ever, able and capable in law to hold, purchase, enjoy and take a hall, with convenient appurtenances; and also any other buildings, lands, tenements, rents and hereditaments, wheresoever situate, and also, obligations, goods, and chattels and all other things of what nature name, and quality the same may be; and also to grant, demise, alien, assign, and dispose of certain lands, tenements, and hereditaments, rents, goods and chattels, and enforce and sue upon said obligations, and to do and execute all other things lawful, necessary, and convenient for the common profit of the said College.”

were inserted.

4 Amendment of Paragraph 3 of the Charter of 1828.

4.— Paragraph 3 of the Charter of 1828 is amended by the substitution of the word “Fellows” for “Members”.

5 Amendment of Paragraph 7 of the Charter of 1828.

5.— Paragraph 7 of the Charter of 1828 is amended by the substitution of the word “Fellows” for “Members”.

6 Amendment of Paragraph 8 of the Charter of 1828.

6.— Paragraph 8 of the Charter of 1828 is amended by the substitution of the words “Fellows and Members” for “Members”.

7 Repeal of provisions of the Charter of 1844.

7.— Paragraphs 3, 4, 5, 7, 9, 10, 11, 12, 13, 17, 19, 20 and 21 of the Charter of 1844 shall be repealed.

8 Amendment of Paragraph 1 of the Charter of 1844.

8.— Paragraph 1 of the Charter of 1844 is amended by the substitution of the word “Fellows” for “Members” and the word “appointed” for “elected”.

9 Amendment of Paragraph 2 of the Charter of 1844.

9.— The Charter of 1844 shall be read and construed as if all occurrences of the word “Members” contained at Paragraph 2 be substituted by the word “Fellows and Members” and all occurrences of the word “Fellowship” be substituted by the words “Fellowship and Membership”.

10 Amendment of Paragraph 14 of the Charter of 1844.

10.— The Charter of 1844 shall be read and construed as if the following words were deleted therefrom where the same appear at Paragraph 14 thereof that is to say the words:

“AND We do hereby enjoin and require that the oath of affirmation, or declaration required by the said hereinbefore, in part, recited Charter or Letters Patent, to be taken or made by the President, Vice-President, Censors, Assistants, Officers, or Members, or Licentiates of the said College respectively shall, save where the same is hereby altered or annulled, be taken or made by the President or Vice-President, Members of the Council, Fellows, Examiners, Officers, or Licentiates of the said College appointed; or to be appointed under these Presents; and the President or Vice-President, or Members of the Council, or any two of them, shall administer such oath, or affirmation, or declaration, save as aforesaid, at such time and in such manner as the President, Vice-President, and Censors, or any two of them, were empowered and required to administer the same by the said Letters Patent.”

and as if in substitution for the words so last deleted the words:

“AND We do hereby enjoin and require that the oath of affirmation, or declaration required by the Charters or Letters Patent or Statute, to be taken or made by the President, Vice-President, Members of Council, Fellows, Members, Officers or Licentiates of the said College respectively shall, save where the same is hereby altered or annulled, be taken or made by the President or Vice-President, Members of the Council, Fellows, Members, Examiners, Officers, or Licentiates of the said College appointed; or to be appointed under these Presents; and the President or Vice-President, or Members of the Council, or any two of them, shall administer such oath, or affirmation, or declaration, save as aforesaid, at such time and in such manner as the President, Vice-President or any one of them, shall be empowered and required to administer the same by the said Charters or Letters Patent or Statute.”

were inserted.

11 Amendment of Paragraph 16 of the Charter of 1844.

11.— The Charter of 1844 shall be read and construed as if the following words were deleted therefrom where the same appear at Paragraph 16 thereof that is to say the words:

“AND We do hereby further for us, our heirs and successors, ordain, direct and appoint that, except as hereinbefore mentioned, no person shall become or be admitted a Fellow of the said College until after he shall have attained the age of twentyfive years and shall also have gone through such extended course of studies, and have complied with such other rules and regulations and conditions as the Council of the said College shall from time to time consider expedient and direct, nor unless he shall have passed such special examination by the Examiners of the said College as the Council shall, from time to time, think fit and direct that candidates for a Fellowship of said College shall undergo; but every fit and proper person, having attained such age and gone through such extended course of studies, and complied with such rules and regulations and conditions, and passed such special examination, shall be admissible as a Fellow of the said College in the manner hereinafter specified.”

and as if the following words were deleted therefrom where the same appear at the Proviso to the said Paragraph 16 that is to say the words:

“PROVIDED ALWAYS, and our will and pleasure is that every person so admitted”

and as if in substitution for the words so deleted the words:

“Our will and pleasure is that every person admitted”

were inserted.

12 Amendment of Paragraph 18 of the Charter of 1844.

12.— The Charter of 1844, as amended, shall be read and construed as if the following words were deleted therefrom where the same appear at Paragraph 18 thereof that is to say the words:

“AND We do hereby further for us, our heirs and successors, declare and direct that if it shall at any time hereafter appear that any Licentiate or Fellow of the said College shall have obtained his Letters Testimonial or his Diploma respectively by any fraud, false statement or imposition or that he shall have committed, done or suffered any act or thing in consequence or by reason whereof his name shall have been erased from the General Register of Medical Practitioners for Ireland, or shall have been erased or removed from a register or other authorised roll or record of medical practitioners by law established or maintained elsewhere than in Ireland, then in every such case, and after such previous notice to, and such hearing of, such Fellow or Licentiate, as under the circumstances the Council of the said College shall think proper, it shall be lawful for the Council to pass such judgment or censure upon such Fellow or Licentiate or (in case it should seem expedient) to recall and to declare the Letters Testimonial or Diploma respectively, of such Fellow or Licentiate, to be void, and thereupon every such Licentiate or Fellow shall accordingly cease to be a Licentiate or a Fellow of the said College, as the case may be.”

and as if in substitution for the words so last deleted the words:

“AND We do hereby further for us, our heirs and successors, declare and direct that if it shall at any time hereafter appear that any Licentiate, Member or Fellow of the said College shall have obtained his or her Letters Testimonial or his or her Diploma respectively by any fraud, false statement or imposition then in every such case, and after such previous notice to, and such hearing of, such Fellow, Member or Licentiate, as enacted or to be enacted under the Bye-Laws and as under the circumstances the Council of the said College shall think proper and as allows for him or her the exercise of his or her Constitutional rights and respects those rights, it shall be lawful for the Council to pass such judgment or censure upon such Fellow, Member or Licentiate or (in case it should seem expedient) to recall and to declare the Letters Testimonial or Diploma respectively, of such Fellow, Member or Licentiate, to be void, and thereupon every such Licentiate, Member or Fellow shall accordingly cease to be a Licentiate, Member or a Fellow of the said College, as the case may be.”

were inserted.

13 Repeal of the Charter of 1883.

13.— The Charter of 1883 shall be repealed.

14 Amendment of Paragraph 1 of the Charter of 1885.

14.— The Charter of 1885 shall be read and be construed as if the following words were deleted therefrom where the same appear in Paragraph 1 thereof that is to say the words:

“and that in all votes, ballots scrutinies or divisions at any Meeting of Fellows or Members of the said College”

and as if in substitution for the words so last deleted the words:

“and that in all votes, ballots scrutinies or divisions at any Meeting of Fellows and Members of the said College”

were inserted.

15 Amendment of Paragraph 2 of the Charter of 1885.

15.— The Charter of 1885 shall be read and construed as if the following words were deleted therefrom where the same appear at Paragraph 2 thereof that is to say the words:

“AND that it shall and may be lawful to and for the Council, or a majority of such Members thereof as shall assemble (the whole number then and there present not being less than one-third part of the whole Council), to exercise the powers and privileges and perform the duties and functions of the said body politic and corporate, as the governing or executive Council of the said College, and in all respects to act for or on behalf of the said College, as lawfully representing the same, and to make and publish and also to alter, change, or annul, from time to time, such Bye-Laws, Rules, Ordinances, and Constitutions as to them may seem requisite for the regulation, good government, and advantage of the said body and the administration of the funds and property thereof, or concerning qualifications of the candidates, for Letters Testimonial, the enrolment, registry, matriculation, administration, and examination of Fellows, Licentiates, Pupils, Students, and Apprentices, the Fees to be payable by them and every of them to the said College or to any Fellow or to any Licentiate thereof, the terms and conditions of admission of taking them or any of them, and to provide and enact Bye-Laws and Rules for the regulation of the meetings and assemblies under these Presents to be holden, and the adjournment thereof as occasion may require.”

and as if in substitution for the words so last deleted the words:

“AND that it shall and may be lawful to and for the Council, or a majority of such Members thereof as shall assemble (the whole number then and there present not being less than one-third part of the whole Council), to exercise the powers and privileges and perform the duties and functions of the said body politic and corporate, as the governing or executive Council of the said College, and in all respects to act for or on behalf of the said College, as lawfully representing the same, and to make and publish and also to alter, change, or annul, from time to time, such Bye-Laws, Rules, Ordinances, and Constitutions as to them may seem requisite for the regulation, good government, and advantage of the said body including Fellows and Members of the said College and the administration of the funds and property thereof, or concerning qualifications of the candidates, for Fellows, Members and for Letters Testimonial, the enrolment, registry, matriculation, administration, and examination of Fellows, Members, Licentiates, Pupils, Students, and Apprentices, the Fees to be payable by them and every of them to the said College, the terms and conditions of admission of taking them or any of them, and to provide and enact Bye-Laws and Rules for the regulation of the meetings and assemblies under these Presents to be holden, and the adjournment thereof as occasion may require.”

were inserted.

16 Powers of Council.

16.— The following Paragraph is inserted after Paragraph 2 of the Charter of 1885:

2A “AND in the exercise of its functions and powers as aforesaid, the Council shall be afforded the widest flexibility as regards the governing of the College, the administration of the funds and property thereof and the regulation of admissions and qualifications.”.

17 Amendment of Paragraph 4 of the Charter of 1885.

17.— The Charter of 1885 shall be read and construed as if the following words were deleted therefrom where the same appear at Paragraph 4 thereof that is to say the words:

“AND We do hereby for us, our heirs and successors, grant declare, ordain, and direct that whenever and so often as it shall, after the date of these Presents, be necessary to elect an Examiner or Examiners, or a Professor or Professors, of the said College, the President or Vice-President, together with not less than two-thirds of the other Members of the said Council for the time being in that behalf convened, shall assemble, or in case of the absence or non-attendance of the President or Vice-President, then not less than three-fourths of the said Council, exclusive of the said President or Vice-President, shall meet and assemble together, pursuant to special summons in that behalf to be issued and transmitted in the manner provided in the said Supplemental Charter or Letters Patent, three clear days at least before such meeting and assemblage, and being so assembled shall proceed to elect, by majority of votes, such Examiner or Examiners, Professor or Professors, to respectively examine in or teach, as the case may be, such branches of Surgical, Medical, and collateral arts or sciences as the Council may have already directed, or may hereafter direct, with respect to any or each of the Examinationships or Professorships to be filled up or elected. PROVIDED the said Members of the Council shall find among the candidates for the offices of Examiners or Professors a person or persons having the qualifications determined to be necessary by the Bye-Law of the College in that behalf for the time being in force, and also being in their judgment, or in the judgment of a majority of them, fit and competent to discharge the duties of the said office of Examiner or Professor, as the case may be; such candidates for such office as Examiners shall not be Members of the said Council, and shall not be capable of being elected as Members of the said Council so long as they hold the office of Examiners.”

and as if in substitution for the words so last deleted the words: