Finance (Tax Appeals and Prospectus Regulation) Act 2019

• Jurisdiction: Ireland
• Citation: IR No. 39/2019
• Year: 2019

Number 39 of 2019
Finance (Tax Appeals and Prospectus Regulation) Act 2019
CONTENTS
PART 1
Preliminary and General
1. Short title and commencement
2. Definitions
PART 2
Tax Appeals
3. Amendment of section 2 of Act of 2015
4. Amendment of section 3 of Act of 2015
5. Appointment and functions of chairperson
6. Amendment of section 6 of Act of 2015
7. Amendment of section 8 of Act of 2015
8. Amendment of section 13 of Act of 2015
9. Amendment of section 14 of Act of 2015
10. Terms and conditions of chairperson’s appointment
11. Amendment of section 21 of Act of 2015
12. Amendment of section 949AP of Act of 1997
13. Amendment of section 949AQ of Act of 1997
14. Amendment of section 2 of Civil Service Regulation Act 1956
PART 3
Prospectus Regulation
15. Amendment of section 1348 of Act of 2014
16. Amendment of section 1349 of Act of 2014
17. Amendment of section 1350 of Act of 2014
18. Amendment of section 1351 of Act of 2014
19. Amendment of section 1354 of Act of 2014
20. Amendment of section 1357 of Act of 2014
21. Amendment of section 1361 of Act of 2014
22. Amendment of section 1363 of Act of 2014
23. Amendment of section 1364 of Act of 2014
24. Amendment of section 1551 of Act of 2014
25. Transitional provisions
Acts Referred to
Civil Service Regulation Act 1956 (No. 46)
Companies Act 2014 (No. 38)
Comptroller and Auditor General Acts 1866 to 1998
Data Protection Act 2018 (No. 7)
Data Protection Acts 1988 to 2018
Employment Equality Act 1998 (No. 21)
Finance (Tax Appeals) Act 2015 (No. 59)
Freedom of Information Act 2014 (No. 30)
Public Service Management (Recruitment and Appointments) Act 2004 (No. 33)
Taxes Consolidation Act 1997 (No. 39)
Number 39 of 2019
FINANCE (TAX APPEALS AND PROSPECTUS REGULATION) ACT 2019
An Act to amend the Finance (Tax Appeals) Act 2015 ; to amend the Taxes Consolidation Act 1997 ; to amend the Civil Service Regulation Act 1956 ; to amend the Companies Act 2014 ; and to provide for related matters.
[10th December, 2019]
Be it enacted by the Oireachtas as follows:
PART 1 Preliminary and General
		Short title and commencement
1. (1) This Act may be cited as the Finance (Tax Appeals and Prospectus Regulation) Act 2019.
	(2) This Act shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.
		Definitions
2. In this Act—
	“Act of 1997” means the Taxes Consolidation Act 1997 ;
	“Act of 2014” means the Companies Act 2014 ;
	“Act of 2015” means the Finance (Tax Appeals) Act 2015 .
PART 2 Tax Appeals
		Amendment of section 2 of Act of 2015
3. Section 2 of the Act of 2015 is amended by the insertion of the following definition:
	“‘chairperson’ means the chairperson of the Commission;”.
		Amendment of section 3 of Act of 2015
4. Section 3 of the Act of 2015 is amended by the insertion of the following subsection after subsection (5):
	“(6) The Commission may enter into agreements with other persons for the purposes of the performance of the functions of the Commission.”.
		Appointment and functions of chairperson
5. The Act of 2015 is amended by the insertion of the following sections after section 4:
	“Appointment of chairperson of Commission
	4A. (1) The chairperson shall be appointed by the Minister from among persons in respect of whom a recommendation has been made under subsection (2).
	(2) The Minister shall request the Public Appointments Service to assess and select suitable candidates for appointment as the chairperson in accordance with the relevant provisions of the Public Service Management (Recruitment and Appointments) Act 2004 and, following such assessment and selection, to recommend individuals to the Minister for appointment.
	(3) The Minister may, from time to time, specify requirements that he or she considers to be requirements that must be complied with by a candidate for appointment as chairperson; the Public Appointments Service, in performing its functions under subsection (2), shall satisfy itself that those requirements are complied with by a candidate.
	(4) Without prejudice to the generality of subsection (3), the requirements that may be specified by the Minister under that subsection include—
	(a) the minimum period of practical experience, or type of practical experience, required of a candidate,
	(b) the academic or professional qualifications to be possessed by a candidate, and
	(c) subject to the Employment Equality Act 1998 , the health and age of a candidate.
	(5) A person shall be appointed as chairperson under subsection (1) for such term, not exceeding a period of 7 years, as the Minister determines and specifies in the appointment and, subject to this Act, shall hold office for that period accordingly.
	(6) Where—
	(a) a person has, in accordance with subsection (1), already been appointed as chairperson, and
	(b) that person’s first term of office as chairperson expires by passage of time,
	then that person may be appointed as chairperson by the Minister for a second term.
	(7) The period of that second term shall be such as the Minister determines and specifies in the reappointment, but shall not exceed 7 years.
	(8) A person shall not be appointed as chairperson for more than 2 terms of office.
	(9) In addition to the limit provided by subsection (5) or (7) concerning the period of a chairperson’s term of office, the specification, under either such subsection, of a period of office shall be such as will result in section 15(1) (Commissioner must retire at retirement age) being complied with.
	(10) Where a person appointed as chairperson is not a Commissioner on the date that he or she is appointed as chairperson—
	(a) that person shall be deemed to be appointed as a Commissioner—
	(i) on the date of his or her appointment as chairperson, and
	(ii) for the term of his or her appointment as chairperson,
	and
	(b) section 8(7) shall apply to that person as if he or she had been appointed in accordance with section 8(2) on the date of his or her appointment as chairperson.
	(11) If the circumstances specified in paragraphs (a) and (b) of subsection (6) apply in relation to a person but the person is not reappointed as chairperson under that subsection, the Minister shall lay a statement before Dáil Éireann giving the reason for not so reappointing the person.
	Resignation of chairperson
	4B. (1) A chairperson may resign by written notice to the Minister stating his or her intention to do so.
	(2) Such a resignation shall take effect from a date that is not less than 3 months after the date of the notice referred to in subsection (1), unless the Minister approves its taking effect on an earlier date.
	Removal from office of chairperson
	4C. (1) The Minister may at any time, for stated reasons, remove a chairperson from office for misbehaviour.
	(2) Without prejudice to subsection (1), the Minister may at any time remove a chairperson from office where the Minister considers that—
	(a) the chairperson has become incapable through ill health of effectively performing his or her functions as chairperson,
	(b) the chairperson’s removal is necessary or expedient for the effective performance by the Commission of its functions, or
	(c) a conflict of interest (with regard to the performance by the chairperson of his or her functions) arises on the part of the chairperson of such significance that the chairperson should cease to hold office.
	(3) Where the Minister removes a chairperson from office under this section, he or she shall lay a statement before Dáil Éireann giving the reason for the removal.
	Cessation of term of office of chairperson
	4D. The term of office of a chairperson shall cease on the date that is the earliest to occur of the following:
	(a) the date of the expiry of his or her term of office as chairperson;
	(b) the date of his or her resignation or removal from office as a Commissioner;
	(c) the date of his or her resignation or removal from office as chairperson;
	(d) the date of he or she ceasing to hold office as a Commissioner in accordance with section 18.
	Temporary incapacity of chairperson
	4E. Where the chairperson is for any reason temporarily unable to act as chairperson, the Minister may appoint another Commissioner to be the chairperson for the duration of that inability and the Commissioner so appointed may, for that duration, perform all of the functions assigned to the chairperson.
	Functions of chairperson
	4F. (1) The chairperson shall carry on and manage, and control generally, the administration and business of the Commission and such other functions as are assigned to him or her by or under this Act.
	(2) Without prejudice to the generality of subsection (1), the chairperson shall perform the following functions in relation to the Commission:
	(a) ensure the integrity of the Commission’s accounting and financial reporting systems;
	(b) ensure that appropriate systems of control are in place, in particular systems for—
	(i) risk management,
	(ii) financial and operational control, and
	(iii) legal compliance;
	(c) ensure that the obligations of the Commission under the Freedom of Information Act 2014 are complied with;
	(d) ensure that the obligations of the Commission under data protection law are complied with;
	(e) ensure that the functions of the Commission are performed efficiently;
	(f) determine the priority as between appeals, having regard to the interests of justice and the efficient operation of this Act and Part 40A of the Act of 1997.
	(3) The...