Railway Safety Act 2005 (Section 26) Levy Order 2020

JurisdictionIreland
CitationIR SI 143/2020

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 28th April, 2020.

The Commission for Railway Regulation, in exercise of the powers conferred on it by section 26 of the Railway Safety Act 2005 (No. 31 of 2005), and with the consent of the Minister for Transport, Tourism and Sport and the Minister for Public Expenditure and Reform, hereby makes the following order:

1. (1) This Order may be cited as the Railway Safety Act 2005 (Section 26) Levy Order 2020.

2. (1) In this Order –

“the Act” means the Railway Safety Act 2005 (No. 31 of 2005);

“Commission” means the Railway Safety Commission established under the Act and renamed the Commission for Railway Regulation under the Public Transport Act 2016 ;

“Heritage Railway” has the meaning assigned to it under the Act;

“levy year” means the period of one year commencing 1st January 2020;

“Minister” means the Minister for Transport, Tourism and Sport;

“railway organisation” has the meaning assigned to it under the Act;

“relevant period” in relation to any calendar year means the period ending 1st day of April, 1st day of August, and 1st day of December in that year;

“relevant railway organisation” means those organisations to which this Order applies and on which a levy shall be imposed in accordance with the Schedule to this Order.

3. This order shall apply to the railway organisations set out in the Schedule to this Order (“relevant railway organisation”).

4. A railway organisation that is also heritage railway shall be exempt from payment of any levy to the Commission.

5. A levy is hereby imposed on each relevant railway organisation in respect of the levy year. The levy shall be in the amount set out in the Schedule to this Order.

6. The levy shall be payable in three equal installments (relevant period) within a period of fourteen days of being notified by the Commission that the levy is due for payment.

7. Monies raised by the Commission through imposition of this levy shall be used for the purpose of meeting expenses properly incurred by the Commission in discharge of its functions under the Act.

8. Where any amount falling to be paid under Article 5 is not paid within a period of fourteen days of the time specified in Article 6 interest thereon shall accrue at the prescribed interest rate compounded monthly from the date such payment fell due until same is made. The prescribed interest rate shall be a rate 2% per annum above the...

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