Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019

An Act to make provision for certain matters consequent on the withdrawal of the United Kingdom from membership of the European Union, and—

A. in the event of that withdrawal occurring without an agreement between the United Kingdom and the European Union under Article 50 of the Treaty on European Union setting out the arrangements for such withdrawal, to make exceptional provision, in the public interest and having regard to the Common Travel Area between the State and the United Kingdom, to reduce the possibility of a serious disturbance in the economy of the State and in the sound functioning of a number of markets, sectors and fields in the State as a result of withdrawal and to mitigate, where practicable, the effects of such a disturbance should it occur in those circumstances, and

B. in the event of that withdrawal occurring in circumstances where there is an agreement (setting out the arrangements for such withdrawal) between the United Kingdom and the European Union under Article 50 of the Treaty on European Union, to adapt references in enactments to a Member State of the European Union so that those references include or continue to include, in so far as is necessary to give effect to the terms of such agreement, references to the United Kingdom,

and, for those purposes, to amend certain enactments;

And to amend the Immigration Act 1999, the Immigration Act 2003 and the Immigration Act 2004 to make further provision in relation to the entry into, and removal from, the State of persons;

And to provide for related matters.

[17th March, 2019]

Be it enacted by the Oireachtas as follows:

PART 1 Preliminary and General

1. Short title, collective citations and construction

1. (1) This Act may be cited as the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019.

• (2) The Health Acts 1947 to 2018 and Part 2 may be cited together as the Health Acts 1947 to 2019.

• (3) The Industrial Development Acts 1986 to 2014 and Part 3 may be cited together as the Industrial Development Acts 1986 to 2019.

• (4) The Social Welfare Acts and Part 11 shall be construed together as one Act.

• (5) The Protection of Employees (Employers’ Insolvency) Acts 1984 to 2012 and Part 12 may be cited together as the Protection of Employees (Employers’ Insolvency) Acts 1984 to 2019 and shall be construed together as one Act.

• (6) The Extradition Acts 1965 to 2012 and Part 13 may be cited together as the Extradition Acts 1965 to 2019.

2. Commencement

2. (1) (a) Parts 1 and 15 shall come into operation on such day or days as the Minister for Foreign Affairs and Trade may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

• (b) Part 2 shall come into operation on such day or days as the Minister for Health may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

• (c) Part 3 shall come into operation on such day or days as the Minister for Business, Enterprise and Innovation may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

• (d) Part 4 shall come into operation on such day or days as the Minister for Communications, Climate Action and Environment may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

• (e) Part 5 shall come into operation on such day or days as the Minister for Education and Skills may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

• (f) Parts 6, 7 and 8 shall come into operation on such day or days as the Minister for Finance may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

• (g) Parts 9 and 10 shall come into operation on such day or days as the Minister for Transport, Tourism and Sport may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

• (h) Parts 11 and 12 shall come into operation on such day or days as the Minister for Employment Affairs and Social Protection may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

• (i) Parts 13 and 14 shall come into operation on such day or days as the Minister for Justice and Equality may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

• (2) A power under this section to appoint a day on which a Part (or a provision thereof) shall come into operation, whether generally or otherwise, includes a power to appoint a particular time, on a particular day, at which the Part (or provision thereof) shall come into operation, whether generally or otherwise, and, accordingly, where a time is so appointed, the Part concerned (or provision thereof) shall come into operation at that time, whether generally or otherwise.

3. Expenses

3. The expenses incurred by the Minister for Foreign Affairs and Trade in the administration of this Act, and by any other Minister of the Government in the administration of any other Act in so far as that other Act is amended by this Act, shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of monies provided by the Oireachtas.

PART 2 Arrangements in relation to health services

4. Arrangements in relation to health services

4. The Health Act 1970 is amended by the insertion of the following Part after Part IV:

“PART IVA

Arrangements in relation to health services

Arrangements in relation to health services

75A. (1) The Minister may, with the consent of the Minister for Finance and the Minister for Public Expenditure and Reform, make such order or orders as he or she considers necessary to continue in being or carry out any reciprocal or other arrangements in relation to health services which were in operation between the State and the United Kingdom immediately before the withdrawal of the United Kingdom from membership of the European Union.

• (2) An order under subsection (1) may specify—

  • (a) the category or categories of persons to whom the order applies, and

  • (b) the category or categories of health services to which the order applies.

• (3) When making an order under subsection (1) the Minister shall have regard to the following:

  • (a) the policies and objectives of the Government to enable arrangements in relation to health services to be maintained after the withdrawal of the United Kingdom from membership of the European Union;

  • (b) the desirability, in the public interest, of preserving existing arrangements in relation to access to health services in the United Kingdom, in particular the desirability of maintaining access to medically necessary health services;

  • (c) the need to ensure the most beneficial, effective and efficient use of resources;

  • (d) the policies and objectives of the Government to protect and improve the health and welfare of the public.

• (4) In this section, ‘arrangements in relation to health services’ means arrangements between the State and the United Kingdom in respect of the provision of—

  • (a) access to health services in the State, and

  • (b) reciprocal access to health services in the United Kingdom.

  Regulations to give full effect to this Part

  75B. (1) The Minister may, with the consent of the Minister for Finance and the Minister for Public Expenditure and Reform, and having regard to the matters specified in section 75A(3), make regulations for the purposes of giving full effect to this Part and such regulations may, in particular, but without prejudice to the generality of the foregoing, provide for all or any of the following:

  • (a) the arrangements that shall apply with regard to assessing such classes of persons, including persons residing outside the State, as may be specified, in relation to access to health services in the State;

  • (b) the arrangements that shall apply with regard to assessing, where appropriate (including by reference to such qualifying criteria as may be specified) such classes of persons, as may be specified, in relation to access to planned health services in the United Kingdom;

  • (c) the arrangements to be administered by the Health Service Executive to ensure access to planned health services in the United Kingdom;

  • (d) the arrangements to be administered by the Health Service Executive to ensure access to health services in the State by persons from the United Kingdom;

  • (e) the duties on healthcare providers and healthcare professionals to provide such information as may be prescribed in relation to the health services that they provide to persons from the United Kingdom;

  • (f) the method by which payments in respect of health services provided in the United Kingdom are to be calculated and the manner in which such payments will be made by the Health Service Executive to the United Kingdom;

  • (g) the charging by the Health Service Executive for the provision of health services provided in the State to persons from the United Kingdom and the method in relation to which charges for such health services will be calculated and levied;

  • (h) the manner in which payments in respect of charges referred to in paragraph (g) shall be made to the State by individuals and by the United Kingdom;

  • (i) the method by which payments are to be made by the State in respect of health services provided in the United Kingdom and the manner in which such payments will be made by the State to the United Kingdom;

  • (j) the method by which charges are to be levied by the State on the United Kingdom in respect of health services provided by or on behalf of the Health Service Executive in the State and the manner in which payments will be made by the United Kingdom to the State;

  • (k) the class or classes of persons in respect of whom payments will be made by the State or the United Kingdom, including the methodology used to estimate the number of persons concerned;

  • (l) the category or categories of health services in respect of which payments or provision may be made;

  • (m) the arrangements that shall apply with regard to payments to be made by the State to the United Kingdom and with regard to payments to be made by the United Kingdom to the State, including the methodology for calculating costs and the levels of reimbursement;

  • (n) the basis on which the Health Service Executive may reimburse persons in respect of the cost of health services received and paid for by those persons in the United Kingdom;

  • (o) such forms as may be necessary for the purposes of paragraphs (a) to (n);

  • (p) such other related, ancillary, transitional or consequential matters as the Minister considers appropriate.

• (2) Regulations under subsection (1) may—

  • (a) apply either generally or to a specified class or classes of persons,

  • (b) apply either generally or to a specified class or classes of health services, and

  • (c) make such adaptations and modifications to the Health Acts 1947 to 2019 or any regulations made under those Acts as the Minister considers necessary for the purpose of bringing those Acts or regulations into conformity with this Part.

• (3) A person who contravenes a provision of regulations made under subsection (1) that is declared in the regulations to be a penal provision shall be guilty of an offence and shall be liable—

  • (a) on summary conviction to a class A fine or to imprisonment for a term not exceeding 3 months or both, or

  • (b) on conviction on indictment to a fine not exceeding €300,000 or to imprisonment for a term not exceeding one year or both.

  Authorised officers

  75C. An authorised officer appointed under Regulation 16 (inserted by Regulation 7 of the European Union (Application of Patients’ Rights in Cross-Border Healthcare) (Amendment) Regulations 2015 (S.I. No. 65 of 2015)) of the European Union (Application of Patients’ Rights in Cross-Border Healthcare) Regulations 2014 (S.I. No. 203 of 2014) shall be deemed to be an authorised officer for the purposes of any regulations made under section 75B and Regulation 17 of those Regulations shall apply, for the purposes of any regulations made under section 75B, as if references in the said Regulation 17 to ‘these Regulations’ and ‘this Regulation’ were references to regulations made under section 75B and with any other necessary modifications.

  Orders and regulations

  75D. Every order and regulation under this Part shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House sits after the order or regulation is laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.”.

PART 3 Amendment of Industrial Development Acts 1986 to 2014

5. Definition (Part 3)

5. F1[…]

6. Amendment of Act of 1986

6. F2[…]

7. Amendment of Industrial Development (Enterprise Ireland) Act 1998

7. F3[…]

8. Report on the provision of supports to maintain and grow employment

8. F4[…]

PART 4 Arrangements in relation to Electricity and Fluorinated Greenhouse Gases

Chapter 1 Amendment of Electricity Regulation Act 1999

9. Supplementary power to modify licence conditions

9. The Electricity Regulation Act 1999 is amended by the insertion of the following section after section 14A:

“14B. (1) Notwithstanding sections 8A(4) and 14(6)(a), and any terms and conditions that may apply to a licence, the Commission may modify a condition of a licence where, in consequence of the withdrawal of the United Kingdom from membership of the European Union, the Commission considers it necessary or expedient to do so in order for the State to continue to comply with—

• (a) the European Union rules for cross-border trade in electricity contained within or adopted pursuant to the Electricity Market Regulation as amended from time to time and as supplemented by—

  • (i) network codes established under Article 6 of that Regulation, and

  • (ii) guidelines adopted under Article 18 of that Regulation,

  or

• (b) the Electricity Market Directive.

• (2) The power to modify under subsection (1) includes the power to make incidental or consequential modifications.

• (3) Before a modification is made under subsection (1), the Commission shall consult—

  • (a) the holder of the licence concerned,

  • (b) the Authority, and

  • (c) such other persons as the Commission considers appropriate.

• (4) The Commission shall, as soon as practicable after a modification has been made under subsection (1)—

  • (a) notify the parties consulted under subsection (3), and

  • (b) publish the modification on the Commission’s website and in such other manner as the Commission considers appropriate.

• (5) The power to modify under subsection (1) may not be exercised after the end of the period of 1 year from the time at which Chapter 1of Part 4 of the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019 comes into operation.

• (6) Sections 19 to 22 and 29 to 31 shall not apply to a modification under subsection (1).”.

Chapter 2 Qualification to carry out activity relating to fluorinated greenhouse gases

10. Interpretation

10. In this Chapter—

“Agency” means the Environmental Protection Agency;

“equivalent certificate” means an equivalent certificate referred to in paragraph (a), (b), (c) or (d) of section 11(1) or paragraph (a) or (b) of section 12(1);

“equivalent training attestation” means an equivalent attestation referred to in paragraph (e) of section 11(1);

“Minister” means the Minister for Communications, Climate Action and Environment;

“relevant date” means the date of the withdrawal of the United Kingdom from membership of the European Union.

11. Equivalent certification, equivalent training attestation relating to individuals

11. (1) (a) An individual who, immediately before the relevant date holds a valid certificate issued by a certification body in the United Kingdom under Article 5 of Commission Regulation (EC) No 304/2008 of 2 April 2008¹ in respect of an activity referred to in Article 2(1) of that Commission Regulation is deemed, for the purpose of carrying out that activity, to hold an equivalent certificate.

• (b) An individual who, immediately before the relevant date holds a valid certificate issued by a certification body in the United Kingdom under Article 3 of Commission Regulation (EC) No 306/2008 of 2 April 2008² in respect of an activity referred to in Article 1 of that Commission Regulation is deemed, for the purpose of carrying out that activity, to hold an equivalent certificate.

• (c) An individual who, immediately before the relevant date holds a valid certificate issued by a certification body in the United Kingdom under Article 3 of Commission Implementing Regulation (EU) 2015/2066 of 17 November 2015³ in respect of an activity referred to in Article 1 of that Commission Regulation is deemed, for the purpose of carrying out that activity, to hold an equivalent certificate.

• (d) An individual who, immediately before the relevant date holds a valid certificate issued by a certification body in the United Kingdom under Article 4 of Commission Implementing Regulation (EU) 2015/2067 of 17 November 2015⁴ in respect of an activity referred to in Article 2(1) of that Commission Regulation is deemed, for the purpose of carrying out that activity, to hold an equivalent certificate.

• (e) An individual who, immediately before the relevant date holds a valid training attestation issued by an attestation body in the United Kingdom under Article 3 of Commission Regulation (EC) No 307/2008 of 2 April 2008⁵ in respect of an activity referred to in Article 1 of that Commission Regulation is deemed, for the purpose of carrying out that activity, to hold an equivalent training attestation.

• (2) An individual who holds an equivalent certificate or equivalent training attestation may carry out the activity to which the equivalent certificate or equivalent training attestation relates until the date that is 6 months from the relevant date or the date on which a certificate or training attestation is issued by the Agency under subsection (3), whichever is earlier.

• (3) An individual who holds an equivalent certificate or equivalent training attestation shall apply to the Agency not later than 4 months after the relevant date for the issue by it of a certificate or training attestation in respect of the activity to which the equivalent certificate or training attestation relates and such certificate or training attestation shall, subject to subsection (4), be issued by the Agency not later than 6 months after the relevant date.

• (4) The Agency shall issue a certificate or training attestation where an application is made in accordance with the procedures established by the Agency in that behalf.

12. Equivalent certification relating to companies

12. (1) (a) A company which, immediately before the relevant date holds a valid certificate issued by a certification body in the United Kingdom under Article 8 of Commission Regulation (EC) No 304/2008 of 2 April 2008⁶ in respect of an activity referred to in Article 2(2) of that Commission Regulation is deemed, for the purpose of carrying out that activity, to hold an equivalent certificate.

• (b) A company which, immediately before the relevant date holds a valid certificate issued by a certification body in the United Kingdom under Article 6 of Commission Implementing Regulation (EU) 2015/2067 of 17 November 2015⁷ in respect of an activity referred to in Article 2(2) of that Commission Regulation is deemed, for the purpose of carrying out that activity, to hold an equivalent certificate.

• (2) A company which holds an equivalent certificate may carry out the activity to which the equivalent certificate relates until the date that is 6 months from the relevant date or the date on which a certificate is issued by the Minister under subsection (3), whichever is earlier.

• (3) A company which holds an equivalent certificate shall apply to the Minister not later than 4 months after the relevant date for the issue by the Minister of a certificate in respect of the activity to which the equivalent certificate relates and such certificate shall, subject to subsection (4), be issued by the Minister not later than 6 months after the relevant date.

• (4) The Minister shall issue a certificate where an application is made in accordance with the procedures established by the Minister in that behalf.

• (5) A certificate issued by the Minister under this section shall be valid until the end of the calendar year in which it is issued.

PART 5 Amendment of Student Support Act 2011

13. Definition (Part 5)

13. In this Part, “Act of 2011” means the Student Support Act 2011.

14. Amendment of section 2 of Act of 2011

14. Section 2 of the Act of 2011 is amended by the insertion of the following definition after the definition of “relevant Minister”:

“ ‘relevant specified jurisdiction’ means—

• (a) a country that, as respects a class of person standing prescribed under section 14A(1) for the purposes of section 14(1)(aa), is specified in the regulations concerned under section 14A(1) prescribing that class, or

• (b) where a class of person stands prescribed under section 14A(3) for the purposes of section 14(1)(aa), Northern Ireland;”.

15. Amendment of section 7 of Act of 2011

15. Section 7 of the Act of 2011 is amended, in subsection (1), by—

• (a) the substitution, in paragraph (e), of “including the State,” for “including the State, or”,

• (b) the substitution, in paragraph (f), of “subsection (2), or” for “subsection (2).”, and

• (c) the insertion of the following paragraph after paragraph (f):

• “(g) an educational institution that provides higher education and training and which—

  • (i) is situated in a relevant specified jurisdiction, and

  • (ii) is maintained or assisted by recurrent grants from public funds of that jurisdiction or of any Member State including the State.”.

16. Amendment of section 8 of Act of 2011

16. Section 8 of the Act of 2011 is amended—

• (a) in subsection (2)(k), by—

• (i) the insertion, in each of subparagraphs (i) and (ii), of “or (g)” after “section 7(1)(e)”,

• (ii) the substitution, in clause (II) of subparagraph (ii), of “Member State, or” for “Member State;”, and

• (iii) the insertion of the following subparagraph after subparagraph (ii):

• “(iii) in the case of a qualification awarded following the successful completion of a course at an institution mentioned at section 7(1)(g)—

  • (I) if such recognition is provided for by those laws in the following manner, in a manner provided for by the laws of a relevant specified jurisdiction that correspond to the arrangements, procedures and systems referred to in subparagraph (i), or

  • (II) if such recognition is not provided for by those laws in that manner, then otherwise in accordance with the laws of the relevant specified jurisdiction;”,

and

• (b) in subsection (3)(c)(i), by the insertion of “or (iii)” after “paragraph (k)(ii)”.

17. Amendment of section 14 of Act of 2011

17. Section 14 of the Act of 2011 is amended—

• (a) in subsection (1)—

• (i) by the insertion of the following paragraph after paragraph (a):

• “(aa) a person, other than a person to whom paragraph (a)(i), (ii) or (iii) refers, who is a person of a class that stands prescribed under section 14A(1) or (3) for the purposes of this paragraph,”,

• (ii) in paragraph (d), by the substitution of “paragraph (a) or (aa)” for “paragraph (a)”, and

• (iii) in paragraph (e), by the substitution of “paragraph (a), (aa)” for “paragraph (a)”,

• (b) in subsection (2), by the substitution, in each of paragraphs (a) to (c), of “subsection (1)(a) or (aa), as the case may be” for “subsection (1)(a)”,

• (c) by the substitution, in subsection (4), of the following subparagraph for subparagraph (i) of paragraph (b):

• “(i) is temporarily resident outside of the State by reason of pursuing a course of study or post-graduate research at an educational institution outside of the State but within—

  • (I) a Member State, or

  • (II) a relevant specified jurisdiction,

  leading to a qualification that is recognised in accordance with the laws of the Member State or the relevant specified jurisdiction for the recognition of qualifications that correspond to the arrangements, procedures and systems referred to in section 8(2)(k)(i), or if such recognition is not provided for by those laws in that manner then otherwise in accordance with the laws of the Member State or the relevant specified jurisdiction, and”,

• (d) in subsection (6)—

• (i) by the deletion of “either”,

• (ii) in paragraph (a), by the deletion of “or”,

• (iii) in paragraph (b), by the substitution of “of 1997), or” for “of 1997).”, and

• (iv) by the insertion of the following paragraph after paragraph (b):

• “(c) a person who has a right to enter and be present in the State by reason of—

• (i) an arrangement between the Government and the government of the United Kingdom relating to the lawful movement of persons between the State and the United Kingdom, or

• (ii) an arrangement (other than that referred to in subparagraph (i)) between the State and a relevant specified jurisdiction.”,

• (e) in subsection (7), by—

• (i) the insertion of “or, where subsection (1)(aa) applies, in a relevant specified jurisdiction” after “subsection (1)(a)”, and

• (ii) the substitution of “paragraph (a), (aa)” for “paragraph (a)”,

and

• (f) in subsection (8), by—

• (i) the insertion of “or, where subsection (1)(aa) applies, in a relevant specified jurisdiction” after “subsection (1)(a)”, and

• (ii) the insertion of “or, as the case may be, the relevant specified jurisdiction” after “any of the states”.

18. Operation of section 14 of Act of 2011 (prescribing of certain matters)

18. The Act of 2011 is amended by the insertion of the following section after section 14:

“14A. (1) Where the Minister is satisfied to do so, having—

• (a) regard to any of the matters specified in subsection (2),

• (b) consulted with the Higher Education Authority, and

• (c) obtained the consent of the Minister for Finance,

he or she may prescribe a class of person, being a national of a country (not being the State or any other state referred to in section 14(1)(a)) specified in the regulations concerned prescribing that class, for the purposes of section 14(1)(aa).

• (2) The following matters or any of them are the matters to which the Minister shall have regard for the purposes of prescribing a class of person pursuant to subsection (1):

  • (a) whether there are reciprocal arrangements in place with the country specified, as mentioned in subsection (1), in the regulations concerned (the ‘specified country’);

  • (b) the requirement for the development of skills and knowledge in sectors of the economy or employment identified as requiring such development of skills and knowledge following advice received by the Minister from such person who has an interest or expertise in educational matters or the development of skills and knowledge as the Minister considers appropriate to consult for that advice;

  • (c) the nature and level of the qualification to be awarded to a person, falling within the class proposed to be prescribed, on the successful completion by him or her of the course concerned;

  • (d) resources available for the provision of student support;

  • (e) any other matters which in the opinion of the Minister are proper matters to be taken into account having regard to the objective of enabling persons to attend courses of higher education, and the contribution that nationals of the specified country can make to higher education in the State.

• (3) Notwithstanding subsection (1), where the Minister is satisfied to do so because he or she considers that it is necessary having regard to any of the relevant purposes mentioned in subsection (4), he or she may prescribe a class of person, being a national of the United Kingdom, or an Irish citizen, for the purposes of section 14(1)(aa).

• (4) The following are the relevant purposes to which the Minister shall have regard when prescribing a class of person pursuant to subsection (3):

  • (a) promoting greater tolerance and understanding between the people of the State and Northern Ireland;

  • (b) promoting the exchange of ideas between the people of the State and Northern Ireland;

  • (c) promoting a greater understanding of, and respect for, the diversity of cultures on the island of Ireland;

  • (d) promoting greater integration and cooperation between the people of the State and Northern Ireland.”.

19. Free Fees Initiative

19. In respect of the Free Fees Initiative for third level education in the State, periods of residency in the United Kingdom shall be treated similarly to periods of residency in the EEA and citizens of the United Kingdom shall be treated similarly to citizens of the EEA.

PART 6 Taxation

Chapter 1 Definitions

20. Definitions (Part 6)

20. In this Part—

“Act of 1997” means the Taxes Consolidation Act 1997;

“Act of 1999” means the Stamp Duties Consolidation Act 1999;

“Act of 2010” means the Value-Added Tax Consolidation Act 2010.

Chapter 2 Income Tax

21. Amendment of section 42 of Act of 1997

21. Section 42(1) of the Act of 1997 is amended by the substitution of the following definition for the definition of “relevant State”:

“ ‘relevant State’ means—

• (i) a Member State of the European Union, or

• (ii) not being such a Member State, an EEA State which is a territory with the government of which arrangements having the force of law by virtue of section 826(1) have been made,

and, in addition to what is specified in paragraphs (i) and (ii), shall be deemed to include the United Kingdom.”.

22. Amendment of section 128D of Act of 1997

22. Section 128D(1) of the Act of 1997 is amended, in the definition of “trust”, by the insertion, after “EEA State”, in each place where it occurs, of “or in the United Kingdom”.

23. Amendment of section 128F of Act of 1997

23. Section 128F(1) of the Act of 1997 is amended, in the definition of “qualifying company”, by the insertion, after “EEA State other than the State”, in each place where it occurs, of “or in the United Kingdom”.

24. Amendment of section 191 of Act of 1997

24. Section 191(1) of the Act of 1997 is amended, in the definition of “comparable overseas scheme”, by the insertion of “or in the United Kingdom” after “(other than the State)”.

25. Amendment of section 192B of Act of 1997

25. Section 192B of the Act of 1997 is amended, in subsection (2)(c), by the insertion of “or of the United Kingdom” after “European Communities”.

26. Amendment of section 195 of Act of 1997

26. Section 195 of the Act of 1997 is amended, in subsection (2)(a)(i), by the insertion, after “another EEA State,”, in each place where it occurs, of “or in the United Kingdom,”.

27. Amendment of section 208A of Act of 1997

27. Section 208A(2) of the Act of 1997 is amended by the insertion of “or in the United Kingdom” after “in an EFTA state”.

28. Amendment of section 208B of Act of 1997

28. Section 208B(1) of the Act of 1997 is amended in the definition of “qualified person”—

• (a) in paragraph (b)(ii), by the insertion of “or in the United Kingdom” after “EFTA state”, and

• (b) by the insertion of “or the United Kingdom” after “that EFTA state”.

29. Amendment of section 244 of Act of 1997

29. Section 244 of the Act of 1997 is amended, in the definition of “qualifying residence”, by the insertion of “or in the United Kingdom” after “in an EEA State”.

30. Amendment of section 244A of Act of 1997

30. Section 244A of the Act of 1997 is amended, in subsection (3)(f)(i), by the insertion of “or of the United Kingdom,” after “other than the State,”.

31. Amendment of section 470 of Act of 1997

31. Section 470(1) of the Act of 1997 is amended in the definition of “authorised insurer”—

• (a) in paragraph (a)—

• (i) by the insertion of “or authorised to carry on such business by the authority in the United Kingdom charged by law with the duty of supervising the activities of undertakings so authorised” after “18 June 1992”, and

• (ii) by the insertion of “or in the United Kingdom, as the case may be” after “European Communities”,

and

• (b) in paragraph (b)(ii), by the insertion of “, or authorised by the authority in the United Kingdom charged by law with the duty of supervising the activities of undertakings so authorised” after “18 June 1992”.

32. Amendment of section 472B of Act of 1997

32. Section 472B(1) of the Act of 1997 is amended by the substitution of the following definition for the definition of “sea-going ship”:

“ ‘sea-going ship’ means a ship which—

• (a) is registered—

  • (i) in a Member State’s Register, or

  • (ii) in a register, governed by the law of the United Kingdom, that, having regard to the purposes that a Member State’s Register serves, is at least equivalent to a Member State’s Register,

  and

• (b) is used solely for the trade of carrying by sea passengers or cargo for reward,

but does not include a fishing vessel.”.

33. Amendment of section 472BA of Act of 1997

33. Section 472BA(1) of the Act of 1997 is amended, in paragraph (a) of the definition of “fishing vessel”, by the insertion of “or on the register kept by the United Kingdom that is at least equivalent to the national fishing fleet register that is required to be kept by each Member State” after “30 December 2003”.

34. Amendment of section 473A of Act of 1997

34. Section 473A(1) of the Act of 1997 is amended in the definition of “approved college”—

• (a) in paragraph (b), by the insertion of “or in the United Kingdom” after “(other than the State)”,

• (b) in paragraph (b)(i), by the insertion of “or of the United Kingdom” after “(including the State)”,

• (c) in paragraph (b)(ii), by the insertion of “or in the United Kingdom where it is situated in the United Kingdom” after “situated”,

• (d) in paragraph (c), by the insertion of “or in the United Kingdom” after “European Union”, and

• (e) in paragraph (d), by the insertion of “(including the United Kingdom)” after “any country”.

35. Amendment of section 480A of Act of 1997

35. Section 480A(1) of the Act of 1997 is amended, in paragraph (c) of the definition of “relevant individual”, by the insertion of “the United Kingdom,” after “the State,”.

36. Amendment of section 489 of Act of 1997

36. Section 489 of the Act of 1997 is amended in paragraph (b) of the definition of “unlisted”—

• (a) in subparagraph (i), by the deletion of “or”,

• (b) in subparagraph (ii), by the substitution of “State, or” for “State.”, and

• (c) by the insertion of the following subparagraph after subparagraph (ii):

• “(iii) in the United Kingdom.”.

37. Amendment of section 490 of Act of 1997

37. Section 490 of the Act of 1997 is amended—

• (a) by the substitution of the following subsection for subsection (1):

• “(1) In this Part, a company shall be a qualifying company if—

  • (a) it is incorporated in the State, in another EEA State or in the United Kingdom, and

  • (b) it complies with this section and section 491.”,

and

• (b) in subsection (3)(a)(i), by the insertion of “resident in the United Kingdom” after “resident in the State,”.

38. Amendment of section 770 of Act of 1997

38. Section 770(1) of the Act of 1997 is amended—

• (a) in the definition of “administrator”, by the insertion of “or in the United Kingdom” after “European Communities”, and

• (b) by the substitution of the following definition for the definition of “overseas pension scheme”:

“ ‘overseas pension scheme’ means a retirement benefits scheme, other than a state social security scheme, which—

• (a) is operated or managed by an institution for occupational retirement provision as defined by Article 6(1) of Directive (EU) 2016/2341 of the European Parliament and of the Council of 14 December 2016⁸ (in this definition referred to as ‘the Directive’) and is established in a Member State of the European Union, other than the State, which has given effect to the Directive in its national law, or

• (b) is established in the United Kingdom and is subject to supervisory and regulatory arrangements at least equivalent to those applied under the Directive;”.

39. Amendment of section 772 of Act of 1997

39. Section 772 of the Act of 1997 is amended, in subsection (2)(c)(i), by the insertion of “or in the United Kingdom, as the case may be,” after “European Communities”.

40. Amendment of section 772A of Act of 1997

40. Section 772A(1) of the Act of 1997 is amended, in the definition of “promoter”, by the insertion of “or, where that person is established in the United Kingdom, is authorised to transact insurance business by the authority in the United Kingdom charged by law with the duty of supervising such persons” after “5 November 2002”.

41. Amendment of section 784 of Act of 1997

41. Section 784 of the Act of 1997 is amended—

• (a) in subsection (2)(a)(i), by the insertion of “or, where that person is established in the United Kingdom, is authorised to transact insurance business by the authority in the United Kingdom charged by law with the duty of supervising such persons” after “5 November 2002”, and

• (b) in subsection (4A)(i), by the insertion of “or in the United Kingdom, as the case may be,” after “European Communities”.

42. Amendment of section 784A of Act of 1997

42. Section 784A of the Act of 1997 is amended—

• (a) in subsection (1)(a), in the definition of “qualifying fund manager”—

• (i) in subparagraph (a), by the insertion of “, or of the United Kingdom,” after “the State”,

• (ii) by the substitution of the following for subparagraph (b):

• “(b) a building society within the meaning of the Building Societies Act 1989, or a society established in accordance with the law of a Member State of the European Union, other than the State, or of the United Kingdom, which corresponds to that Act,”,

• (iii) in subparagraph (j)(ii), by the insertion of “or an authorisation granted by the authority in the United Kingdom charged by law with the duty of supervising persons carrying on the business of insurance in the United Kingdom” after “Directive No. 79/267/EEC”,

• (iv) in subparagraph (k)(i), by the insertion of “or the United Kingdom” after “European Communities”, and

• (v) in subparagraph (l), by the insertion of “or the United Kingdom” after “European Communities”,

and

• (b) in subsection (7)(a)(I), by the insertion of “or in the United Kingdom” after “EEA State”.

43. Amendment of section 785(1A) of Act of 1997

43. Section 785(1A) of the Act of 1997 is amended by the insertion of “or to a person authorised to transact insurance business by the authority in the United Kingdom charged by law with the duty of supervising such persons” after “5 November 2002”.

44. Amendment of section 787M of Act of 1997

44. Section 787M(1) of the Act of 1997 is amended—

• (a) in the definition of “overseas pension plan”, by the insertion of “the United Kingdom or” after “under the law of,”,

• (b) in paragraph (b) of the definition of “qualifying overseas pension plan”, by the insertion of “, or under the law of the United Kingdom where the plan is established in the United Kingdom,” after “established”,

• (c) in the definition of “relevant migrant member”—

• (i) by the substitution of the following for paragraph (a):

• “(a) was, at the time the individual first became a member of the pension plan—

  • (i) a resident of a Member State of the European Union, other than the State, or

  • (ii) a resident of the United Kingdom,

  and entitled to tax relief in respect of contributions paid under the plan under the law of that Member State of the European Union or the United Kingdom, as the case may be,”,

• (ii) in paragraph (d)(i), by the insertion of “or a citizen of the United Kingdom” after “Communities”, and

• (iii) in paragraph (d)(ii), by the insertion of “or a resident of the United Kingdom,” after “other than the State,”,

• (d) in paragraph (a) of the definition of “resident”, by the insertion of “, or the United Kingdom,” after “Communities”, and

• (e) in the definition of “tax reference number”, by the insertion of “or by the United Kingdom,” after “other than the State,”.

45. Amendment of section 790B of Act of 1997

45. Section 790B(1) of the Act of 1997 is amended by the substitution of the following definition for the definition of “European State”:

“ ‘European State’ means—

• (a) a Member State of the European Union, other than the State, or

• (b) the United Kingdom;”.

46. Amendment of section 806 of Act of 1997

46. Section 806 of the Act of 1997 is amended by the substitution of the following definition for the definition of “relevant Member State” in subsection (11)(a):

“ ‘relevant Member State’ means—

• (i) a state, other than the State, which is a Member State of the European Union, or

• (ii) not being such a Member State, a state which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2 May 1992 as adjusted by the Protocol signed at Brussels on 17 March 1993,

and, in addition to what is specified in subparagraphs (i) and (ii), shall be deemed to include the United Kingdom;”.

Chapter 3 Corporation Tax

47. Amendment of section 243 of Act of 1997

47. Section 243 of the Act of 1997 is amended, in subsection (4)(b), by the insertion, after “European Communities”, in each place where it occurs, of “or the United Kingdom”.

48. Amendment of sections 410 and 411 of Act of 1997

48. (1) Section 410 of the Act of 1997 is amended by the substitution of the following definition for the definition of “relevant Member State” in subsection (1)(a):

“ ‘relevant Member State’ means—

• (i) a Member State of the European Union, or

• (ii) not being such a Member State, an EEA State which is a territory with the government of which arrangements having the force of law by virtue of section 826(1) have been made,

and, in addition to what is specified in subparagraphs (i) and (ii), shall be deemed to include the United Kingdom;”.

• (2) Section 411 of the Act of 1997 is amended by the substitution of the following definition for the definition of “relevant Member State” in subsection (1)(a):

“ ‘relevant Member State’ means—

• (i) a Member State of the European Union, or

• (ii) not being such a Member State, an EEA State which is a territory with the government of which arrangements having the force of law by virtue of section 826(1) have been made,

and, in addition to what is specified in subparagraphs (i) and (ii), shall be deemed to include the United Kingdom;”.

49. Amendment of section 438 of Act of 1997

49. Section 438 of the Act of 1997 is amended by the substitution of the following subsection for subsection (6):

• “(6) In subsections (1) and (5)(b), the references to an individual shall apply also to a company receiving the loan or advance in a fiduciary or representative capacity and to a company that is resident in neither a Member State of the European Union nor the United Kingdom and, for the purposes of this subsection—

  • (a) a company is a resident of a Member State of the European Union if the company is by virtue of the law of that Member State resident for the purposes of tax (being, in the case of the State, corporation tax and, in any other case, being any tax imposed in the Member State which corresponds to corporation tax in the State) in such Member State, and

  • (b) a company is a resident of the United Kingdom if the company is by virtue of the law of the United Kingdom resident for the purposes of tax (being any tax imposed in the United Kingdom which corresponds to corporation tax in the State) in the United Kingdom.”.

50. Amendment of section 486C of Act of 1997

50. Section 486C of the Act of 1997 is amended, in the definition of “new company” in subsection (1)(a), by the substitution of “(other than the State) or in the United Kingdom” for “other than the State”.

51. Amendment of section 615 of Act of 1997

51. Section 615 of the Act of 1997 is amended, in subsection (2)(b), by the substitution of the following subparagraph for subparagraph (ii):

• “(ii) a reference to a company shall apply only to a company which, by virtue of the law of a relevant Member State, is resident for the purposes of tax in such a Member State, and for this purpose—

‘relevant Member State’, in addition to the meaning assigned to that expression by section 616(7), shall be deemed to include the United Kingdom;

‘tax’, in relation to a relevant Member State other than the State, means any tax imposed in the Member State which corresponds to corporation tax in the State.”.

52. Amendment of section 766 of Act of 1997

52. Section 766 of the Act of 1997 is amended by the substitution of the following definition for the definition of “relevant Member State” in subsection (1)(a):

“ ‘relevant Member State’ means—

• (i) a state which is a Member State of the European Union, or

• (ii) not being such a Member State, a state which is a contracting party to the EEA Agreement,

and, in addition to what is specified in subparagraphs (i) and (ii), shall be deemed to include the United Kingdom but, for the purposes of the definition of ‘Member State’ in section 769G(1), the portion of this definition that extends to the United Kingdom shall not apply;”.

Chapter 4 Capital Gains Tax

53. Amendment of section 541C of Act of 1997

53. Section 541C(1) of the Act of 1997 is amended, in the definition of “proportion of carried interest derived from the relevant investment”, by the substitution of “(including the State), or in the United Kingdom, of” for “(including the State) of”.

54. Amendment of section 604A of Act of 1997

54. Section 604A(2) of the Act of 1997 is amended by the substitution of “(including the State) or in the United Kingdom” for “(including the State)”.

Chapter 5 Value-Added Tax

55. Amendment of section 53 of Act of 2010

55. Section 53(3) of the Act of 2010 is amended by the substitution of “and sections 53A and 54” for “and section 54”.

56. Insertion of section 53A into Act of 2010

56. The Act of 2010 is amended by the insertion of the following section after section 53:

“Postponed accounting

53A. (1) Notwithstanding section 53(3) but subject to subsection (4), an accountable person may account for the tax chargeable under section 3(b) on goods imported into the State by the person in the return to be furnished by the person, under section 76 or 77, in respect of the taxable period in which the tax has become so chargeable.

• (2) Where—

  • (a) in accordance with subsection (1), goods have been imported by an accountable person without payment of the tax chargeable on the importation of the goods, and

  • (b) the tax is not accounted for in a return furnished by the accountable person under section 76 or 77 in respect of the taxable period in which the tax has become so chargeable,

  the tax chargeable in respect of the importation of the goods shall become due as if this section did not apply.

• (3) Where the Revenue Commissioners are satisfied that—

  • (a) an accountable person no longer complies with one or more of the requirements specified in regulations made under section 120(7)(aa)(i), or

  • (b) one or more conditions or restrictions, imposed by regulations made under section 120(7)(aa)(ii) as respects the accounting by an accountable person for tax by the means referred to in subsection (1), are no longer satisfied or are no longer being observed,

  then subsection (4) applies.

• (4) Where this subsection applies, the Revenue Commissioners shall serve a notice in writing (a ‘notice of exclusion’) on the accountable person stating that the person is, from a date specified in the notice, excluded from accounting for tax by the means referred to in subsection (1) and if such a notice is served on that person then the means referred to in subsection (1) for accounting for tax shall, from the date specified in the notice, not be available to that person.

• (5) Where a notice of exclusion is served on a person under subsection (4), the person may appeal the notice to the Appeal Commissioners in accordance with section 949I of the Taxes Consolidation Act 1997, within the period of 30 days after the date of the notice.”.

57. Amendment of section 56 of Act of 2010

57. Section 56 of the Act of 2010 is amended—

• (a) in subsection (1), in the definition of “qualifying person”—

• (i) by the deletion of “, or is likely to amount to,”, and

• (ii) by the insertion of “for the period of 12 months immediately preceding the making of an application for authorisation under subsection (2)” after “services”,

• (b) in subsection (2), by the insertion of the following paragraph after paragraph (a):

• “(aa) provide in the application form the particulars specified in such regulations as may be made under section 120(7)(ab),”,

• (c) in subsection (3)—

• (i) by the substitution of the following paragraph for paragraph (a):

• “(a) The Revenue Commissioners shall, subject to paragraph (ab), issue to a person, who has made an application under subsection (2), an authorisation in writing where they are satisfied that—

  • (i) there is no risk to revenue, and

  • (ii) the person—

    • (I) is a qualifying person, and

    • (II) has furnished the particulars, duly certified, as required under subsection (2),

    and if not so satisfied shall refuse to issue the authorisation.”,

• (ii) by the insertion of the following paragraphs after paragraph (a) (amended by subparagraph (i)):

• “(aa) Where the Revenue Commissioners decide under paragraph (a) to refuse to issue an authorisation, they shall give notice in writing to the person concerned of the decision and the reasons for that decision.

• (ab) An authorisation issued under paragraph (a) shall be subject to the conditions that the authorised person, during the period for which the authorisation is valid, shall—

  • (i) keep full and true records in accordance with section 84, and

  • (ii) comply with the provisions of—

    • (I) this Act,

    • (II) the Tax Acts (within the meaning of section 1 of the Taxes Consolidation Act 1997),

    • (III) the Capital Gains Tax Acts (within the meaning of section 1 of the Taxes Consolidation Act 1997),

    • (IV) the statutes relating to the duties of excise and to the management of those duties,

    • (V) the Customs Act 2015, and

    • (VI) any instrument made under any of the enactments referred to in clauses (I) to (V).”,

• (iii) by the insertion of the following paragraph after paragraph (c):

• “(ca) An authorised person shall, by notice in writing, advise the Revenue Commissioners immediately of any change in the particulars referred to in subsection (2)(aa).”,

and

• (iv) by the deletion of paragraph (d),

• (d) by the insertion of the following subsections after subsection (3):

• “(3A)

  • (a) The Revenue Commissioners shall, by notice in writing, cancel an authorisation issued to a person in accordance with subsection (3) where they are satisfied that—

    • (i) the person is no longer a qualifying person,

    • (ii) the person has furnished, or there is furnished on his or her behalf, when making an application under subsection (2) for authorisation, particulars which are, in a material respect, false, incorrect or misleading, or

    • (iii) the person has failed or is failing to comply with all or any of the conditions set out in subsection (3)(ab).

  • (b) A cancellation under paragraph (a) shall take effect—

    • (i) if no appeal is brought under subsection (10), on the date specified in the notice given under paragraph (a), or

    • (ii) if an appeal is brought under subsection (10), on the date on which the appeal has been finally determined or is withdrawn or abandoned.

• (3B) Where—

  • (a) a person’s authorisation is cancelled under subsection (3A), and

  • (b) it appears to be requisite to the Revenue Commissioners to do so for the protection of the revenue,

  the Revenue Commissioners may, notwithstanding any obligations as to secrecy, or other restriction upon disclosure of information imposed on them by any enactment or otherwise—

  - (i) inform the suppliers to the person to whom the authorisation relates, in so far as is practicable, of—
  
      - (I) the cancellation of that person’s authorisation,
  
      - (II) the number of the authorisation so cancelled,
  
      - (III) the date from which the cancellation has effect, and
  
      - (IV) the name and address of the person to whom the authorisation issued,
  
  - (ii) publish in Iris Oifigiúil a notice stating—
  
      - (I) that the authorisation has been cancelled,
  
      - (II) the number of the authorisation so cancelled,
  
      - (III) the date from which the cancellation has effect, and
  
      - (IV) the name and address of the person to whom the authorisation issued,
  
        and
  
  - (iii) make publicly available the information which has been published in accordance with subparagraph (ii) in any other publication and in any manner, form, format or media.”,
  

and

• (e) by the insertion of the following subsection after subsection (9):

• “(10) Any person aggrieved by a decision of the Revenue Commissioners in relation to—

  • (a) the refusal under subsection (3)(a) to issue an authorisation, or

  • (b) the cancellation of an authorisation under subsection (3A),

  may appeal the decision to the Appeal Commissioners, in accordance with section 949I of the Taxes Consolidation Act 1997, within the period of 30 days after the date of the notice of that decision.”.

58. Amendment of section 58 of Act of 2010

58. Section 58(2) of the Act of 2010 is amended—

• (a) by the substitution of the following paragraph for paragraph (a):

• “(a) the supply of a traveller’s qualifying goods, where the total value of that supply of goods, including tax, is more than €175, and”,

and

• (b) by the insertion of the following paragraph after paragraph (iii):

• “(iiia) has, in respect of a traveller whose domicile or habitual residence is in the United Kingdom, proof that—

  • (I) the goods have been imported into the United Kingdom by or on behalf of the traveller, and

  • (II) value-added tax and duties of customs and excise, chargeable by virtue of the law of the United Kingdom, have been paid on the importation of those goods,”.

59. Amendment of section 120 of Act of 2010

59. Section 120 of the Act of 2010 is amended—

• (a) in subsection (7)—

• (i) by the deletion of “provide for”,

• (ii) in paragraph (a), by the insertion of “provide for” before “the repayment”,

• (iii) by the insertion of the following paragraphs after paragraph (a):

• “(aa) as respects the accounting by an accountable person for tax by the means referred to in section 53A(1)—

  • (i) specify requirements to be complied with by an accountable person, and

  • (ii) impose conditions or restrictions that must be satisfied or observed in respect of all steps leading to the accounting for tax by the means so referred to (including conditions or restrictions the purpose of which is to secure that the necessary capacity and capability, on an on-going basis, exists on the part of the accountable person in order for him or her to account for tax by those means),

  and regulations under this paragraph may include provision for the furnishing to the Revenue Commissioners of documentation (including with respect to financial transactions entered into by the accountable person with other persons and accounts or facilities held by the accountable person with financial institutions) by the accountable person and provision the inclusion otherwise of which appears to the Revenue Commissioners to be requisite for the protection of the revenue,

• (ab) as respects an application by a person for authorisation in accordance with subsection (2) of section 56, specify the particulars to be included in the application form referred to in that subsection by the person making the application, including, without prejudice to the generality of the foregoing—

  • (i) the following particulars:

    • (I) confirmation that full and true records are being kept by the person in accordance with section 84;

    • (II) confirmation that the person is complying with the provisions of—

    • (A) this Act,

    • (B) the Tax Acts (within the meaning of section 1 of the Taxes Consolidation Act 1997),

      • (C) the Capital Gains Tax Acts (within the meaning of section 1 of the Taxes Consolidation Act 1997),

      • (D) the statutes relating to the duties of excise and to the management of those duties,

    • (E) the Customs Act 2015, and

    • (F) any instrument made under any of the enactments referred to in subclauses (A) to (E);

      • (III) a declaration that the person has not been convicted of any offence under any of the enactments or instruments referred to in clause (II),

      and

  • (ii) the form and manner in which the particulars shall be provided, by the person, in the application form,”,

• (iv) in paragraph (b), by the insertion of “provide for” before “the enabling”, and

• (v) in paragraph (c), by the insertion of “provide for)” before “the tax”,

and

• (b) in subsection (17)(b), by the substitution of “subsection (7)(aa), (b)” for “subsection (7)(b)”.

Chapter 6 Stamp Duties

60. Amendment of section 75 of Act of 1999

60. Section 75(2A) of the Act of 1999 is amended by the insertion of the following after “requirement”:

“, or is required by the authority in the United Kingdom, designated as the competent authority before the coming into operation of Chapter 6 of Part 6 of the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019, to be reported directly or indirectly to it and is so reported in accordance with that requirement”.

61. Amendment of section 75A of Act of 1999

61. Section 75A(1) of the Act of 1999 is amended, in the definition of “clearing house”, by the insertion of “or the United Kingdom” after “European Communities”.

62. Amendment of section 80 of Act of 1999

62. Section 80(10) of the Act of 1999 is amended by the substitution of the following paragraph for paragraph (a):

• “(a) that the acquiring company referred to in this section is incorporated in—

  • (i) another Member State of the European Union,

  • (ii) an EEA State within the meaning of section 80A, or

  • (iii) the United Kingdom,

  or”.

63. Amendment of section 80A of Act of 1999

63. Section 80A(1) of the Act of 1999 is amended—

• (a) in the definition of “acquiring company”, by the substitution of “, in an EEA State or in the United Kingdom” for “or in an EEA State”,

• (b) in the definition of “assurance company”—

• (i) in paragraph (a), by the deletion of “or”,

• (ii) in paragraph (b), by the substitution of “(S.I. No. 360 of 1994), or” for “(S.I. No. 360 of 1994);”, and

• (iii) by the insertion of the following paragraph after paragraph (b):

• “(c) a person that holds an authorisation to carry on insurance granted by the authority in the United Kingdom charged by law with the duty of supervising such persons;”,

and

• (c) in the definition of “parent company”, by the substitution of “, in an EEA State or in the United Kingdom,” for “or in an EEA State,”.

64. Amendment of section 124B of Act of 1999

64. Section 124B(1) of the Act of 1999 is amended in the definition of “insurer”—

• (a) in paragraph (b), by the deletion of “or”,

• (b) in paragraph (c), by the substitution of “in the State, or” for “in the State;”, and

• (c) by the insertion of the following paragraph after paragraph (c):

• “(d) a person who is the holder of an authorisation to undertake insurance granted by the authority in the United Kingdom charged by law with the duty of supervising such persons;”.

65. Amendment of section 125 of Act of 1999

65. Section 125(1) of the Act of 1999 is amended, in the definition of “insurer”, by the insertion of the following after “1909”:

“, or who holds an authorisation to carry on the business of insurance granted by the authority in the United Kingdom charged by law with the duty of supervising such persons”.

Chapter 7 Capital Acquisitions Tax

66. Amendment of section 89 of Capital Acquisitions Tax Consolidation Act 2003

66. Section 89(1) of the Capital Acquisitions Tax Consolidation Act 2003 is amended—

• (a) in paragraph (a) of the definition of “agricultural property”, by the insertion of “or in the United Kingdom” after “Member State”, and

• (b) in the definition of “farmer”, by the insertion of “or in the United Kingdom” after “Member State”.

Chapter 8 Excise

67. Amendment of section 104 of Finance Act 2001

67. Section 104 of the Finance Act 2001 is amended, in subsection (1)(e), by the insertion of “, other than the United Kingdom,” after “destination”.

PART 7 Financial Services: Settlement Finality

68. Interpretation (Part 7)

68. (1) In this Part—

“central counterparty” means a person that is interposed between the institutions in a relevant arrangement and acts as the exclusive counterparty of those institutions with regard to their transfer orders;

“indirect participant” means—

• (a) an institution,

• (b) a central counterparty,

• (c) a settlement agent,

• (d) a clearing house, or

• (e) an operator,

with a contractual relationship with a participant in a relevant arrangement which enables the indirect participant to pass transfer orders through the relevant arrangement, provided that the indirect participant is known to the operator;

“Irish participant” means a participant—

• (a) resident in the State, or

• (b) having its registered office or principal place of business in the State;

“Minister” means Minister for Finance;

“operator” means the entity or entities legally responsible for the operation of a relevant arrangement;

“participant” means—

• (a) an institution,

• (b) a central counterparty,

• (c) a settlement agent,

• (d) a clearing house, or

• (e) an operator,

that is a participant in a relevant arrangement;

“Regulations of 2010” means the European Communities (Settlement Finality) Regulations 2010 (S.I. No. 624 of 2010), as those Regulations stood amended immediately prior to the relevant date;

“relevant arrangement” means a formal arrangement—

• (a) between 3 or more participants (other than the operator, any settlement agent, any central counterparty, any clearing house or any indirect participant), and

• (b) with common rules and standardised arrangements for the clearing (whether or not through a central counterparty) or execution of transfer orders between the participants;

“relevant date” shall—

• (a) subject to paragraph (b), be construed as a reference to the date on which this Part comes into operation, or

• (b) where a time on a particular date is appointed as the time (on that date) at which this Part shall come into operation, be deemed to be a reference to that time;

“settlement agent”, in relation to a relevant arrangement, means a person who provides settlement accounts through which transfer orders are settled (whether or not the person extends credit to participants for settlement purposes);

“transfer order” means—

• (a) an instruction by a participant to place an amount of money at the disposal of a recipient by means of a book entry on the accounts of a credit institution, a central bank, a central counterparty or a settlement agent,

• (b) an instruction that results in the assumption or discharge of a payment obligation as defined by the rules of a relevant arrangement, or

• (c) an instruction by a participant to transfer the title to, or an interest in, a security or securities by means of a book entry on a register or by any other means.

• (2) A word or expression that is used in this Part and also used in the Regulations of 2010 has, in this Part, unless the contrary intention appears in this Part, the same meaning as it has in the Regulations of 2010.

69. Temporary designation of relevant arrangement

69. (1) This section applies to a relevant arrangement where—

• (a) immediately before the relevant date, the relevant arrangement was an arrangement—

• (i) designated for the purposes of the laws of the United Kingdom giving effect to the Settlement Finality Directive, and

• (ii) in respect of which the notifications required to be made to the European Securities and Markets Authority pursuant to those laws have been made,

• (b) one or more of the participants in the arrangement is an Irish participant,

• (c) the arrangement is governed by the laws of the United Kingdom, and

• (d) the rules of the arrangement would, if the arrangement were a system, comply with Regulation 7 of the Regulations of 2010.