Valuation Act 2001

F79[Power to limit rates income.

56

56.(1) In this section

"appropriate year" means the financial year immediately following the effective date in relation to the valuation list that, for the time being, stands published in respect of the area of the rating authority concerned;

"consumer price index number" means the All Items Consumer Price Index Number compiled by the Central Statistics Office;

"consumer price index number relevant to the appropriate year" means the consumer price index number most recently published by the Central Statistics Office before the effective date mentioned in the definition of "appropriate year" in this subsection;

"consumer price index number relevant to the preceding year" means the consumer price index number lastly published by the Central Statistics Office before the day that falls 12 months before the day on which the consumer price index number referred to in the preceding definition is published;

"preceding year" means the financial year that immediately precedes the financial year mentioned in the definition of "appropriate year" in this subsection.

(2) The Minister for Housing, Planning and Local Government shall, with the consent of the Minister for Finance, make an order requiring a rating authority to exercise its powers to make rates in such a manner as to secure that the total amount liable to be paid to it in respect of rates made by it in the appropriate year does not exceed an amount determined by the formula

(A x (B + C) +G) + (A x (H+I))

where

A is the figure specified in subsection (3),

B is the total amount liable to be paid to the rating authority in respect of rates levied by it in respect of relevant property on the existing valuation list (but excluding relevant property on the Central Valuation List in the preceding year), and

C is an amount determined by the formula

D x (E + F)

where

F80[D is, subject to subsection (2A),] the annual rate on valuation that was levied by the rating authority for the preceding year pursuant to section 3 of the Local Government Rates and Other Matters Act 2019,

E is the aggregate valuation of relevant properties in the area that, pursuant to the exercise of a F81[revision manager]s powers under section 28(4)(b) of this Act, were included on the valuation list for the preceding year, as that list was amended for that area in relation to those properties under section 28(10),

F is the aggregate of the increases, if any, in valuations for relevant properties in the area that occurred during the preceding year pursuant to the exercise of a F81[revision manager]s powers under section 28(4)(a) and which exercise resulted in amendments to the valuation list for that preceding year in accordance with section 28(10),

G is an amount to be decided by the Minister in consultation with the Commissioner to represent, in so far as is reasonably practicable, the estimated reduction in the total amount liable to be paid to the rating authority in respect of rates in the appropriate year pursuant to the exercise of the Commissioners powers under section 38 so that any amendment of the valuation list pursuant to the Commissioners powers under section 38, does not affect the total amount liable to be paid to the rating authority in respect of rates in the appropriate year,

H is the total amount liable to be paid to the rating authority in respect of rates levied by it, in respect of relevant property on the Central Valuation List in the preceding year,

I is an amount determined by the formula

D x (J + K)

where

F80[D is, subject to subsection (2A),] the annual rate on valuation that was levied by the rating authority for the preceding year pursuant to section 3 of the Local Government Rates and Other Matters Act 2019,

J is the aggregate of all global valuation amounts that have been apportioned to the relevant rating authority in accordance with section 53(8), and entered on the Central Valuation List pursuant to the exercise of the Commissioners powers under section 53(1) of this Act, during the preceding year, and which exercise resulted in amendments to the Central Valuation List for that preceding year in accordance with section 55,

K is the aggregate of the increases, if any, of the global valuation amounts that have been apportioned to the relevant rating authority in accordance with section 53(8), and entered on the Central Valuation List during the preceding year pursuant to the exercise of the Commissioners powers under section 53(6) and which exercise resulted in amendments to the central valuation list for that preceding year in accordance with section 55.

F82[(2A) Where the annual rate on valuation that was levied by a rating authority for the preceding year 2023 was done pursuant to section 103 (7) of the Local Government Act 2001 and not pursuant to section 3 of the Local Government Rates and other Matters Act 2019, the two references to " section 3 of the Local Government Rates and other Matters Act 2019 " in subsection (2) shall, in relation to that rating authority only and that preceding year only, be read as references to " section 103 (7) of the Local Government Act 2001 " and notwithstanding the Local Government Rates and other Matters Act 2019.]

(3) The figure mentioned in subsection (2) is the quotient, rounded up to 3 decimal places, obtained by dividing the consumer price index number relevant to the appropriate year by the consumer price index number relevant to the preceding year.]

Annotations

Amendments:

F79

Substituted (15.07.2019) by Local Government Rates and other Matters Act 2019 (24/2019), s. 21(d), S.I. No. 355 of 2019.

F80

Substituted (6.11.2023) by Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 (26/2023), s. 260, S.I. No. 537 of 2023.

F81

Substituted (1.03.2023) by Tailte Éireann Act 2022 (50/2022), s. 40(e), S.I. No. 58 of 2023, art. 4.

F82

Inserted (6.11.2023) by Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 (26/2023), s. 260, S.I. No. 537 of 2023.

Editorial Notes:

E92

Power pursuant to section exercised (14.11.2023) by Valuation Act 2001 (Galway County Council) (Rate Limitation) Order 2023 (S.I. No. 554 of 2023).

E93

Power pursuant to section exercised (14.11.2023) by Valuation Act 2001 (Galway City Council) (Rate Limitation) Order 2023 (S.I. No. 553 of 2023).

E94

Power pursuant to section exercised (14.11.2023) by Valuation Act 2001 (Donegal County Council) (Rate Limitation) Order 2023 (S.I. No. 552 of 2023).

E95

Power pursuant to section exercised (10.11.2023) by Valuation Act 2001 (Mayo County Council) (Rate Limitation) Order 2023 (S.I. No. 544 of 2023).

E96

Power pursuant to section exercised (10.11.2023) by Valuation Act 2001 (Kerry County Council) (Rate Limitation) Order 2023 (S.I. No. 543 of 2023).

E97

Power pursuant to section exercised (10.11.2023) by Valuation Act 2001 (Dún Laoghaire-Rathdown County Council) (Rate Limitation) Order 2023 (S.I. No. 542 of 2023).

E98

Power pursuant to section exercised (10.11.2023) by Valuation Act 2001 (Clare County Council) (Rate Limitation) Order 2023 (S.I. No. 541 of 2023).

E99

Power pursuant to section exercised (8.11.2019) by Valuation Act 2001 (Wicklow County Council) (Rate Limitation) Order 2019 (S.I. No. 565 of 2019).

E100

Power pursuant to section exercised (8.11.2019) by Valuation Act 2001 (Wexford County Council) (Rate Limitation) Order 2019 (S.I. No. 564 of 2019).

E101

Power pursuant to section exercised (8.11.2019) by Valuation Act 2001 (Meath County Council) (Rate Limitation) Order 2019 (S.I. No. 563 of 2019).

E102

Power pursuant to section exercised (8.11.2019) by Valuation Act 2001 (Tipperary County Council) (Rate Limitation) Order 2019 (S.I. No. 562 of 2019).

E103

Power pursuant to section exercised (8.11.2019) by Valuation Act 2001 (Monaghan County Council) (Rate Limitation) Order 2019 (S.I. No. 561 of 2019).

E104

Power pursuant to section exercised (8.11.2019) by Valuation Act 2001 (Louth County Council) (Rate Limitation) Order 2019 (S.I. No. 560 of 2019).

E105

Power pursuant to section exercised (8.11.2019) by Valuation Act 2001 (Fingal County Council) (Rate Limitation) Order 2019 (S.I. No. 559 of 2019).

E106

Power pursuant to section exercised (8.11.2019) by Valuation Act 2001 (Cavan County Council) (Rate Limitation) Order 2019 (S.I. No. 558 of 2019).

E107

Power pursuant to section exercised (9.11.2018) by Valuation Act 2001 (Laois County Council) (Rate Limitation) Order 2018 (S.I. No. 456 of 2018).

E108

Power pursuant to section exercised (9.11.2017) by Valuation Act 2001 (Leitrim County Council) (Rate Limitation) Order 2017 (S.I. No. 493 of 2017).

E109

Power pursuant to section exercised (9.11.2017) by Valuation Act 2001 (South Dublin County Council) (Rate Limitation) Order 2017 (S.I. No. 492 of 2017).

E110

Power pursuant to section exercised (9.11.2017) by Valuation Act 2001 (Kilkenny County Council) (Rate Limitation) Order 2017 (S.I. No. 491 of 2017).

E111

Power pursuant to section exercised (9.11.2017) by Valuation Act 2001 (Westmeath County Council) (Rate Limitation) Order 2017 (S.I. No. 490 of 2017).

E112

Power pursuant to section exercised (9.11.2017) by Valuation Act 2001 (Kildare County Council) (Rate Limitation) Order 2017 (S.I. No. 489 of 2017).

E113

Power pursuant to section exercised (9.11.2017) by Valuation Act 2001 (Sligo County Council) (Rate Limitation) Order 2017 (S.I. No. 488 of 2017).

E114

Power pursuant to section exercised (9.11.2017) by Valuation Act 2001 (Carlow County Council) (Rate Limitation) Order 2017 (S.I. No. 487 of 2017).

E115

Power pursuant to section exercised (9.11.2017) by Valuation Act 2001 (Roscommon County Council) (Rate Limitation) Order 2017 (S.I. No. 486 of 2017).

E116

Power pursuant to section exercised (9.11.2017) by Valuation Act 2001 (Offaly County Council) (Rate Limitation) Order 2017 (S.I. No. 485 of 2017).

E117

Power pursuant to section exercised (9.11.2017) by Valuation Act 2001 (Longford County Council) (Rate Limitation) Order 2017 (S.I. No. 483 of 2017).

E118

Power pursuant to section exercised (8.01.2015) by Valuation Act 2001 (Limerick City and County Council) (Rate Limitation) Order 2015 (S.I. No. 2 of 2015).

E119

Power pursuant to section exercised (19.12.2013) by Valuation Act 2001 (Waterford City Council) (Rate Limitation) Order 2013 (S.I. No. 521 of 2013).

E120

Power pursuant to section exercised (19.12.2013) by Valuation Act 2001 (Waterford County Council) (Rate Limitation) Order 2013 (S.I. No. 519 of 2013).

E121

Power pursuant to section exercised (19.12.2013) by Valuation Act 2001 (Dungarvan Town Council) (Rate Limitation) Order 2013 (S.I. No. 518 of 2013).

E122

Power pursuant to section exercised (19.12.2013) by Valuation Act 2001 (Dublin City Council) (Rate Limitation) Order 2013 (S.I. No. 517 of 2013).

E123

Power pursuant to section exercised (23.12.2010) by Valuation Act 2001 (Dún Laoghaire-Rathdown County Council) (Rate Limitation) Order 2010 (S.I. No. 658 of 2010).

E124

Power pursuant to section exercised (23.12.2009) by Valuation Act 2001 (Fingal County Council) (Rate Limitation) Order 2009 (S.I. No. 587 of 2009).

E125

Power pursuant to section exercised (20.12.2007) by Valuation Act 2001 (South Dublin County Council) (Rate Limitation) Order 2007 (S.I. No. 847 of 2007).

E126

Previous affecting provision: subs. (1) substituted (8.06.2015) by Valuation (Amendment) Act 2015 (10/2015), s. 31, S.I. No. 229 of 2015, subject to transitional provisions in ss. 41 to 45; section substituted as per F-note above.

E127

Previous affecting provision: subs. (2) substituted (24.12.2006) by Local Government (Business Improvement Districts) Act 2006 (42/2006), s. 8, commenced on enactment; section substituted as per F-note above.