Finance (Tax Appeals and Prospectus Regulation) Act 2019
|Publication Date:||January 01, 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.
[10 December 2019]
Be it enacted by the Oireachtas as follows:
Preliminary and General
1 Short title and commencement
(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.
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.
3 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;”.
4 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.”.
5 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.
(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,
(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 chairperson shall establish and maintain efficient and effective systems and procedures so as to secure the processing, adjudication and determination of appeals in a timely and effective manner.
(4) The chairperson may issue guidelines on the operation of the provisions of this Act or Part 40A of the Act of 1997 or any particular provision of this Act or Part 40A of the Act of 1997.
(5) The chairperson may consult with the other Commissioners in relation to the administration and business of the Commission.
(6) The chairperson shall convene a meeting with the other Commissioners at least once in each year to conduct a review of the performance by the Commissioners of their functions under this Act and Part 40A of the Act of 1997 in the period between the date of the meeting and the date on which the previous meeting was convened under this subsection or, in the case of the first meeting to be convened under this subsection, the period between the date of the meeting and the date on whichsection 5 of the Finance (Tax Appeals and Prospectus Regulation) Act 2019 came into operation.
(7) The chairperson shall be the accounting officer in relation to the appropriation accounts of the Commission for the purposes of the Comptroller and Auditor General Acts 1866 to 1998.
(8) The chairperson shall be accountable to the Minister for the efficient and effective management of the Commission and for the due performance of his or her functions.
(9) Any function assigned by this Act to the chairperson, other than a function specified in any of subsections (4) to (8) or section 4G, may be performed by any one or more of the Commission’s staff acting under the chairperson’s authority.
(10) In this section, “data protection law” means—
(a) the Data Protection Acts 1988 to 2018,
(b) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 20161 1on the protection of natural...
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