^[6]>

(g) for the purposes of a trade which consists of the operation or management of a nursing home ^[33]>(in this section referred to as a “registered nursing home”)^<[33] within the meaning of section 2 of the Health (Nursing Homes) Act, 1990, being a nursing home which is registered under ^[10]>section 4 of that Act, or^<[10][10]>section 4 of that Act,^<[10]

^<[6]

^[2]>

(h) for the purposes of a trade which consists of the operation or management of an airport, other than a building or structure to which ^[11]>paragraph (f) relates,^<[11][11]>paragraph (f) relates, ^[17]>or^<[17]<[11]

^<[2]

^[16]>

(i) for the purposes of a trade which consists of the operation or management of a convalescent home for the provision of medical and nursing care for persons recovering from treatment in a hospital, being a hospital that provides treatment for acutely ill patients, and in respect of which convalescent home ^[70]>the health board, in whose functional area the convalescent home is situated,^<[70][70]>the Health Service Executive^<[70] is satisfied that the convalescent home satisfies the requirements of sections 4 and 6 of the Health (Nursing Homes) Act, 1990, and any regulations made under section 6 of that Act as if it were a nursing home within the meaning of section 2 of ^[18]>that Act.^<[18][18]>that Act,^[36]>or^<[36]<[18]

^<[16]

^[19]>

(j) for the purposes of a trade which consists of the operation or management of a ^[37]>qualifying hospital,^<[37][37]>qualifying hospital, ^[89]>or^<[89]<[37]

^<[19]

^[38]>

(k)for the purposes of a trade which consists of the operation or management of a qualifying sports injuries ^[90]>clinic,^<[90][90]>clinic, ^[105]>or^<[105]<[90]

^<[38]

^[91]>

(l) for the purposes of a trade which consists of the operation or management of a qualifying mental health ^[104]>centre,^<[104][104]>centre, ^[125]>or^<[125]<[104]

^<[91]

^[106]>

(m) for the purposes of a trade which consists of the operation or management of a qualifying specialist palliative care ^[126]>unit,^<[126][126]>unit, or^<[126]

^<[106]

^[127]>

(n) for the purposes of a trade which consists of—

(i) the maintenance, repair or overhaul of aircraft used to carry passengers or cargo for hire or reward, or

(ii) the dismantling of aircraft of the kind referred to in subparagraph (i), for the purposes of the salvaging or recycling of parts or materials,

^<[127]

^[28]>

(1A) Where the relevant interest in relation to capital expenditure incurred on the construction of a building or structure in use for the purposes specified in subsection (1)(j) is held by—

(a) a company,

(b) the trustees of a trust,

(c) an individual who is involved in the operation or management of the qualifying hospital concerned either as an employee or director or in any other capacity, or

then, notwithstanding that subsection, that building or structure ^[50]>shall not be regarded as an industrial building or structure^<[50][50]>shall not, as regards a claim for any allowance under this Part by any such person, be regarded as an industrial building or structure^<[50] for the purposes of this Part, irrespective of whether that relevant interest is held by the person referred to in paragraph (a), (b), (c) or (d), as the case may be, in a sole capacity or jointly or in partnership with another person or persons.

^<[28]

^[39]>

(1B)Where the relevant interest in relation to capital expenditure incurred on the construction of a building or structure in use for the purposes specified in subsection (1)(k) is held by—

(a) a company,

(b) the trustees of a trust,

(c) an individual who is involved in the operation or management of the qualifying sports injuries clinic concerned either as an employee or director or in any other capacity, or

(d) a property developer (within the meaning of section 372A), in the case where either such property developer or a person connected with such property developer incurred the capital expenditure on the construction of that building or structure,

then, notwithstanding that subsection, that building or structure ^[51]>shall not be regarded as an industrial building or structure^<[51][51]>shall not, as regards a claim for any allowance under this Part by any such person, be regarded as an industrial building or structure^<[51] for the purposes of this Part, irrespective of whether that relevant interest is held by the person referred to in paragraph (a), (b), (c) or (d), as the case may be, in a sole capacity or jointly or in partnership with another person or persons.

^<[39]

^[92]>

(1C) In this section “qualifying mental health centre” means a centre (within the meaning of section 62 of the Mental Health Act 2001) which—

(a) is an approved centre for the purposes of the Mental Health Act 2001,

(b) has the capacity to provide day-patient and out-patient services and accommodation on an overnight basis of not less than 20 in-patient beds,

(c) provides to the Health Service Executive relevant data, for onward transmission to the Minister for Health and Children and the Minister for Finance, in relation to—

(i) the amount of the capital expenditure actually incurred on the construction or refurbishment of the centre,

(ii) the number and nature of the investors that are investing in the centre,

(iii) the amount to be invested by each investor, and

(iv) the nature of the structures which are being put in place to facilitate the investment in the centre,

together with such other information as may be specified by the Minister for Finance, in consultation with the Minister for Health and Children, as being of assistance in evaluating the costs, including but not limited to exchequer costs, and the benefits arising from the operation of tax relief under this Part for qualifying mental health centres,

(d) undertakes to the Health Service Executive—

(i) to make available annually, for the treatment of persons who have been awaiting day-patient, in-patient or out-patient services as public patients, not less than 20 per cent of its capacity, subject to service requirements to be specified by the Health Service Executive in advance and to the proviso that nothing in this subparagraph shall require the Health Service Executive to take up all or any part of the capacity made available to the Health Service Executive by the centre, and

(ii) in relation to the fees to be charged in respect of the treatment afforded to any such person, that such fees shall not be more than 90 per cent of the fees which would be charged in respect of similar treatment afforded to a person who has private medical insurance,

and

(e) in respect of which the Health Service Executive, in consultation with the Minister for Health and Children and with the consent of the Minister for Finance, gives an annual certificate in writing during the period of—

(i) 15 years beginning with the time when the centre was first used, or

(ii) where capital expenditure on the refurbishment of the centre is incurred, 15 years beginning with the time when the centre was first used subsequent to the incurring of that expenditure,

stating that it is satisfied that the centre complies with the conditions mentioned in paragraphs (a), (b), (c) and (d),

and—

(I) subject to paragraph (II), includes any part of the centre which consists of rooms used exclusively for the assessment or treatment of patients, but

(II) does not include any part of the centre which consists of consultants’ rooms or offices.

(1D) Where the relevant interest in relation to capital expenditure incurred on the construction of a building or structure in use for the purposes specified in subsection (1)(l) is held by—

(a) a company,

(b) the trustees of a trust,

(c) an individual who is involved in the operation or management of the centre concerned either as an employee or director or in any other capacity, or

then, notwithstanding that subsection, that building or structure shall not, as regards a claim for any allowance under this Part by any such person, be regarded as an industrial building or structure for the purposes of this Part, irrespective of whether that relevant interest is held by the person referred to in paragraph (a), (b), (c) or (d), as the case may be, in a sole capacity or jointly or in partnership with another person or persons.

^<[92]

^[107]>

(1E) Where the relevant interest in relation to capital expenditure incurred on the construction of a building or structure in use for the purposes specified in subsection (1)(m) is held by—

(a) a company,

(b) the trustees of a trust,

(c) an individual who is involved in the operation or management of the unit concerned either as an employee or director or in any other capacity, or

(d) a property developer (within the meaning of section 843A) or a person who is connected with the property developer, in the case where either of such persons incurred the capital expenditure on the construction of that building or structure, or such expenditure was incurred by any other person connected with the property developer,

then, notwithstanding that subsection, that building or structure shall not, as regards a claim for any allowance under this Part by any such person, be regarded as an industrial building or structure for the purposes of this Part, irrespective of whether that relevant interest is held by the person referred to in paragraph (a), (b), (c) or (d), as the case may be, in a sole capacity or jointly or in partnership with another person or persons.

^<[107]

^[128]>

(1F) Where the relevant interest in relation to capital expenditure incurred on the construction of a building or structure in use for the purposes specified in subsection (1)(n) is held by a property developer (within the meaning of section 843A) or a person who is connected with the property developer, in the case where either of such persons incurred the capital expenditure on the construction of that building or structure, or such expenditure was incurred by any other person connected with the property developer, ^[133]>then, notwithstanding that subsection, that building or structure shall not, as regards a claim for any allowance under this Part by any such person, be regarded as an industrial building or structure for the purposes of this Part,^{<[133] [133]>}then, notwithstanding that subsection, that capital expenditure shall not, as regards a claim for any allowance under this Part by any such person, be regarded as specified capital expenditure for the purposes of this Part,^<[133] irrespective of whether that relevant interest is held by the person in a sole capacity or jointly or in partnership with another person or persons.

^<[128]

^[20]>

(2A) In this section—

“qualifying hospital” means a hospital ^[82]>(within the meaning of the Tobacco (Health Promotion and Protection) Regulations, 1995 (S.I. No. 359 of 1995))^<[82] which—

(a) is a private hospital (within the meaning of the Health Insurance Act, 1994 (Minimum Benefits) Regulations, 1996 (S.I. No. 83 of 1996)),

(c) has the capacity to provide and normally provides medical and surgical services to persons every day of the year,

(e) contains an operating theatre or theatres and related on-site diagnostic and therapeutic facilities,

(f) contains facilities to provide not less than 5 of the following services:

(i) accident and emergency,

(ii) cardiology and vascular,

(iii) eye, ear, nose and throat,

(iv) gastroenterology,

(v) geriatrics,

(vi) haematology,

(vii) maternity,

(viii) medical,

(ix) neurology,

(x) oncology,

(xi) orthopaedic,

(xii) respiratory,

(xiii) rheumatology, ^[83]>and^<[83]

(xiv) paediatric, ^[84]>and^<[84]

(g) undertakes to ^[72]>the health board in whose functional area it is situated^<[72][72]>the Health Service Executive^<[72]—

(i) to make available annually, for the treatment of persons who have been awaiting in-patient or out-patient hospital services as public patients, not less than 20 per cent of its capacity, subject to service requirements to be specified by ^[73]>the health board^<[73][73]>the Health Service Executive^<[73] in advance and to the proviso that nothing in this subparagraph shall require ^[73]>the health board^<[73][73]>the Health Service Executive^<[73] to take up all or any part of the capacity made available to ^[73]>the health board^<[73][73]>the Health Service Executive^<[73] by the hospital, and

(ii) in relation to the fees to be charged in respect of the treatment afforded to any such person, that such fees shall not be more than 90 per cent of the fees which would be charged in respect of similar treatment afforded to a person who has private medical insurance,

and

^[32]>but does not include any part of the hospital which consists of consultants’ rooms or offices.^<[32][32]>and—^<[32]

^<[20]

^[40]>

(2B) In this section “qualifying sports injuries clinic” means a medical clinic—

(a) which does not (other than by virtue of paragraph (e)) provide health care services to a person pursuant to his or her entitlements under Chapter II of Part IV of the Health Act, 1970,

(b) in which the sole or main business carried on is the provision, by or under the control of medical or surgical specialists, of health care consisting of the diagnosis, alleviation and treatment of physical injuries sustained by persons in participating, or in training for participation, in athletic games or sports,

(c) which has the capacity to provide day-patient, in-patient and out-patient medical and surgical services and in-patient accommodation of not less than 20 beds,

(d) which contains an operating theatre or theatres and related on-site diagnostic and therapeutic facilities,

(e) which undertakes to ^[65]>the health board in whose functional area it is situated^<[65][65]>the Health Service Executive^<[65]—

(i) to make available annually, for the treatment of persons who have been awaiting day-patient, in-patient or out-patient hospital services as public patients, not less than 20 per cent of its capacity, subject to service requirements to be specified by ^[66]>the health board^<[66][66]>the Health Service Executive^<[66] in advance and to the condition that nothing in this subparagraph shall require ^[66]>the health board^<[66][66]>the Health Service Executive^<[66] to take up all or any part of the capacity made available to ^[66]>the health board^<[66][66]>the Health Service Executive^<[66] by the medical clinic, and

(ii) in relation to the fees to be charged in respect of the treatment afforded to any such person, that such fees shall not be more than 90 per cent of the fees which would be charged in respect of similar treatment afforded to a person who has private medical insurance,

and

(f) in respect of which ^[67]>that health board^<[67][67]>the Health Service Executive^<[67], in consultation with the Minister for Health and Children and with the consent of the Minister for Finance, gives, ^[78]>during the period of 7 years referred to in section 272(4)(h)^<[78][78]>during the period of 10 years beginning with the time referred to in section 272(4)(h)^<[78], an annual certificate in writing stating that it is satisfied that the medical clinic complies with the conditions mentioned in paragraphs (a) to (e),

and—

(I) ^[79]>subject to paragraph (II)^<[79] includes any part of the clinic which consists of rooms used exclusively for the assessment or treatment of patients, but

(II) does not include any part of the clinic which consists of consultants’ rooms or offices.

^<[40]

^[108]>

(2BA) In this section—

“palliative care” means the active total care of patients who suffer from illnesses or diseases which are active, progressive and advanced in nature and which are no longer curable by means of the administration of existing or available medical treatments;

“qualifying specialist palliative care unit” means, subject to subsection (2BB), a building or structure—

(a) which is a hospital, hospice (within the meaning of section 47 (as amended by section 16 of the Public Health (Tobacco) (Amendment) Act 2004) of the Public Health (Tobacco) Act 2002) or similar facility which has palliative care as its main activity,

(b) which, before entering into a legal commitment for its design, commissioning, construction or refurbishment, is approved by the Health Service Executive, with the consent of the Minister for Health and Children, as being in accordance with national development plans or national needs assessments for palliative care facilities,

(c) which has the capacity to provide—

(i) day-patient and out-patient palliative care services, and

(ii) palliative care accommodation on an overnight basis of not less than 8 in-patient beds,

(d) in respect of which relevant data is provided to the Health Service Executive, for onward transmission to the Minister for Health and Children and the Minister for Finance, in relation to—

(i) the amount of the capital expenditure actually incurred on the construction or refurbishment of the unit,

(ii) the amount, if any, of such expenditure which has been or is to be met directly or indirectly by the State or by any other person by way of grant or other financial assistance,

(iii) the number and nature of the investors that are investing in the unit,

(iv) the amount to be invested by each investor, and

(v) the nature of the structures which are being put in place to facilitate the investment in the unit,

together with such other information as may be specified by the Minister for Finance, in consultation with the Minister for Health and Children, as being of assistance in evaluating the costs, including but not limited to exchequer costs, and the benefits arising from the operation of tax relief under this Part for qualifying specialist palliative care units,

(e) in relation to which an undertaking is given to the Health Service Executive—

(i) to make available annually, for the palliative care of persons who have been awaiting day-patient, in-patient or out-patient palliative care services as public patients, not less than 20 per cent of its capacity, subject to service requirements to be specified by the Health Service Executive in advance and to the proviso that nothing in this subparagraph shall require the Health Service Executive to take up all or any part of the capacity made available to the Health Service Executive by the unit, and

(ii) in relation to the fees to be charged in respect of the palliative care afforded to any such person, that such fees shall not be more than 90 per cent of the fees which would be charged in respect of similar palliative care afforded to a person who has private medical insurance,

and

(f) in respect of which the Health Service Executive, in consultation with the Minister for Health and Children and with the consent of the Minister for Finance, gives an annual certificate in writing during the period of—

(i) 15 years beginning with the time when the unit was first used, or

(ii) where capital expenditure on the refurbishment of the unit is incurred, 15 years beginning with the time when the unit was first used subsequent to the incurring of that expenditure,

stating that it is satisfied that the unit complies with the conditions mentioned in paragraphs (a) to (e).

(2BB) (a) Subject to paragraphs (b) and (c), a qualifying specialist palliative care unit includes any part of the unit which consists of rooms used exclusively for the assessment, treatment or care of patients.

(b) A qualifying specialist palliative care unit does not include any part of the unit which consists of consultants’ rooms or offices.

(c) A qualifying specialist palliative care unit does not include any part of the unit in which a majority of the persons being maintained are being treated for acute illnesses.

^<[108]

^[59]>

(2C) For the purposes of this Part, a building or structure (other than a building or structure which is in use for the purposes of the trade of hotel-keeping) which is in use as—

(a) a guest house and is registered in the register of guest houses kept under the Tourist Traffic Acts 1939 to 2003, or

(b) a holiday hostel and is registered in the register of holiday hostels kept under the Tourist Traffic Acts 1939 to 2003,

shall, as respects capital expenditure incurred on or after 3 February 2005 on its construction (within the meaning of section 270), be deemed to be a building or structure in use for the purposes of the trade of hotel-keeping.

^<[59]

^[112]>

(2D) For the purposes of this Part, a building or structure which is comprised in, and is in use as part of, premises which are registered in the register of caravan sites and camping sites kept under the Tourist Traffic Acts 1939 to 2003 shall, as respects capital expenditure incurred on or after 1 January 2008 on its construction (within the meaning of section 270), be deemed to be a building or structure in use for the purposes of the trade of hotel-keeping.

^<[112]

^[34]>

(3A) ^[100]>In this section^<[100][100]>Subject to subsections (3B) to (3E), in this section^<[100] “qualifying residential unit” means a house which—

(a) is constructed on the site of, or on a site which is immediately adjacent to the site of, a registered nursing home,

(b) is—

(i) a single storey house, or

(ii) a house that is ^[48]>comprised in a two storey building^<[48][48]>comprised in a building of one or more storeys in relation to which building a fire safety certificate under Part III of the Building Control Regulations 1997 (S.I. No. 496 of 1997) (as amended from time to time) is required, and prior to the commencement of the construction works on the building, is granted by the building control authority (within the meaning of section 2 of the Building Control Act 1990, as amended by the Local Government (Dublin) Act 1993 and the Local Government Act 2001) in whose functional area the building is situated^<[48],

where—

(I) the house is, or (as the case may be) the house and the building in which it is comprised are, designed and constructed to meet the needs of persons with disabilities, including in particular the needs of persons who are confined to wheelchairs, and

(II) the house consists of 1 or 2 bedrooms, a kitchen, a living room, bath or shower facilities, toilet facilities and a nurse call system linked to the registered nursing home,

(c) is comprised in a development of ^[49]>not less than 20 qualifying residential units^<[49][49]>not less than 10 qualifying residential units^<[49] where—

(i) that development also includes a day-care centre,

(ii) those units are operated or managed by the registered nursing home and an on-site caretaker is provided,

(iii) back-up medical care, including nursing care, is provided by the registered nursing home to the occupants of those units when required by those occupants,

(iv) not less than 20 per cent of those units are made available for renting to persons who are eligible for a rent subsidy from ^[68]>the health board in whose functional area the units are situated^<[68][68]>the Health Service Executive^<[68], subject to service requirements to be specified by ^[69]>that health board^<[69][69]>the Health Service Executive^<[69] in advance and to the condition that nothing in this subparagraph shall require ^[69]>that health board^<[69][69]>the Health Service Executive^<[69] to take up all or any of the units so made available, and

(v) the rent to be charged in respect of any such unit made available in accordance with subparagraph (iv) is not more than 90 per cent of the rent which would be charged if that unit were rented to a person who is not in receipt of a subsidy referred to in that subparagraph,

and

(3C)Subsection (3B) shall not apply in respect of expenditure incurred on the construction of a qualifying residential unit where any part of that expenditure has been or is to be met, directly or indirectly, by grant assistance or any other assistance which is granted by or through the State, any board established by statute, any public or local authority or any other agency of the State.

^<[34]

^[103]>

(3D) Where the relevant interest in relation to capital expenditure incurred on the construction or refurbishment of all qualifying residential units in a development is held by a company (within the meaning of section 4(1)) then subsection (3A) shall apply as if subparagraphs (iv) and (v) of paragraph (c) of that subsection were deleted.

(3E) A house shall not be a qualifying residential unit for the purposes of this section unless—

(a) the following information has been provided to the Health Service Executive, by the person who is entitled to the relevant interest in relation to the capital expenditure incurred on the construction or refurbishment of the house, for onward transmission to the Minister for Health and Children and the Minister for Finance:

(i) the amount of the capital expenditure actually incurred on the construction or refurbishment of the house;

(ii) the number and nature of the investors that are investing in the house;

(iii) the amount to be invested by each investor; and

(iv) the nature of the structures which are being put in place to facilitate the investment in the house,

together with such other information as may be specified by the Minister for Finance, in consultation with the Minister for Health and Children, as being of assistance in evaluating the costs, including but not limited to exchequer costs, and the benefits arising from the operation of tax relief under this Part for qualifying residential units,

(b) the Health Service Executive, in consultation with the Minister for Health and Children, gives a certificate in writing after the house is first leased or, where capital expenditure is incurred on the refurbishment of a house, first leased subsequent to the incurring of that expenditure stating that it is satisfied that—

(i) the house and the development in which it is comprised complies with all the conditions mentioned in paragraphs (a), (b), (c) and (d) of subsection (3A), and

(ii) the information required in accordance with paragraph (a) of this subsection has been provided,

and

(c) an annual report in writing is provided, by the person who is entitled to the relevant interest in relation to the capital expenditure incurred on the construction or refurbishment of the house, to the Health Service Executive, for onward transmission to the Minister for Health and Children and the Minister for Finance, by the end of each year in the 20 year period referred to in section 272(4)(fa) (inserted by the Finance Act 2007), which—

(i) confirms whether the house and the development in which it is comprised continue to comply with all the conditions mentioned in paragraphs (a), (b), (c) and (d) of subsection (3A), and

(ii) provides details of the level of occupation of the house for the previous year including the age of and, as the case may be, the nature of the infirmity of the occupants.

^<[103]

^[132]>

(5B) Notwithstanding any obligation to the contrary imposed on them by section 851A, the Revenue Commissioners may furnish to one or more persons such information as is referred to in ^[135]>subsection (5A)(c)^{<[135] [135]>}subsection (5A)(b)^<[135] where the Revenue Commissioners are satisfied that doing so is ^[136]>reasonably related to achieving the following objective.^{<[136] [136]>}necessary to ensure compliance with the provisions of this Part and any European Commission guidelines, regulations or other reporting requirements, as the case may be, that may be relevant.^<[136]

^<[132]

^[119]>

(d) by reference to paragraph (g), as respects capital expenditure incurred in the period commencing on 3 December 1997 and ending—

(i) on 31 December 2009, or

(ii) where subsection (17)(a) applies, on 30 June 2010, or

(iii) where subsection (17)(b) applies, on 30 June 2011,

^<[119]

^[3]>

(e) by reference to paragraph (h), as respects capital expenditure incurred—

(i) by ^[115]>Aer Rianta cuideachta phoiblí theoranta^<[115][115]>Dublin Airport Authority^<[115] on or after the vesting day, and

^<[3]

^[120]>

(f) by reference to paragraph (i), as respects capital expenditure incurred in the period commencing on 2 December 1998 and ending—

(i) on 31 December 2009, or

(ii) where subsection (17)(a) applies, on 30 June 2010, or

(iii) where subsection (17)(b) applies, on 30 June 2011,

^<[120]

^[121]>

(g) by reference to paragraph (j), as respects capital expenditure incurred in the period commencing—

(i) where subsection (2A)(d)(i) applies, on 15 May 2002, or

(ii) where subsection (2A)(d)(ii) applies, on 28 March 2003,

and ending—

(I) on 31 December 2009, or

(II) where subsection (17)(a) applies, on 30 June 2010, or

(III) where subsection (17)(b) applies, on 31 December 2013,

^<[121]

^[80]>

(h) by reference to paragraph (k), as respects capital expenditure incurred in the period commencing on 15 May 2002 and ending on 31 December 2006 or, where subsection (16) applies, ending on 31 July ^[94]>2008.^<[94][94]>2008, ^[110]>and^<[110]<[94]

^<[80]

^[122]>

(i) by reference to paragraph (l), as respects capital expenditure incurred in the period commencing on 23 January 2007 and ending—

(i) on 31 December 2009, or

(ii) where subsection (17)(a) applies, on 30 June 2010, or

(iii) where subsection (17)(b) applies, on 30 June 2011, ^[129]>and^<[129]

^<[122]

^[111]>

(j) by reference to paragraph (m), as respects capital expenditure incurred on or after the date of the coming into operation of section 26 of the Finance Act 2008^[130]>.^<[130][130]>, and^<[130]

^<[111]

^[139]>

(k) by reference to paragraph (n), as respects—

(i)specified capital expenditure incurred in the period commencing on the date of the coming into operation of section 31 of the Finance Act 2013 and ending on the fifth anniversary of that date, and

(ii)capital expenditure other than specified capital expenditure incurred on or after the date of the coming into operation of section 31 of the Finance Act 2013.

^<[139]

^[116]>

(10) For the purposes of this Part—

“Dublin Airport Authority” means the Dublin Airport Authority, public limited company, and includes—

(a) where a day has been appointed under section 5 of the State Airports Act 2004 in respect of the Cork Airport Authority, public limited company, that company, and

(b) where a day has been appointed under the said section 5 in respect of the Shannon Airport Authority, public limited company, that company;

“vesting day” means the day appointed by order under section 9(6) of the State Airports Act 2004 in respect of the Dublin Airport Authority and such other day or days as may be appointed by order or orders under section 5 of the State Airports Act 2004 in respect of the Cork Airport Authority, public limited company, and the Shannon Airport Authority, public limited company.

^<[116]

^[24]>

(11) Notwithstanding any other provision of this section, as respects capital expenditure incurred on or after 20 March 2001, a building or structure in use for the purposes of the trade of hotel-keeping shall not be treated as an industrial building or structure where any part of that expenditure has been or is to be met, directly or indirectly, by ^[25]>grant assistance from the State or from any other person^<[25][25]>grant assistance or any other assistance which is granted by or through the State, any board established by statute, any public or local authority or any other agency of the State.^<[25]

(12) Notwithstanding any other provision of this section, as respects capital expenditure incurred on the construction or refurbishment of a building or structure in respect of which construction or refurbishment first commences on or after ^[45]>6 April 2001,^<[45][45]>6 April 2001 (being capital expenditure in respect of which but for this subsection a writing-down allowance in excess of 4 per cent would be available under section 272 for a chargeable period),^<[45] a building or structure in use for the purposes of the trade of hotel-keeping shall not be treated as an industrial building or structure unless, on the making of an application by the person who incurs the capital expenditure on the construction or refurbishment of the building or structure, ^[99]>Bord Fáilte Éireann^<[99][99]>the National Tourism Development Authority^<[99] gives a certificate in writing to that person, in relation to that expenditure, stating—

^<[24]

^[47]>

(12A) (a) Where the National Tourism Development Authority gives a certificate in writing to the person who has incurred the capital expenditure on the construction or refurbishment of the building or structure stating that the approval referred to in subsection (12)(c) has been received, the building or structure shall, for the purposes of this Part, be treated as an industrial building or structure from the date on which it was first used for the purposes of the trade of hotel-keeping, and tax shall be discharged or repaid accordingly in giving effect to the allowances to be made under this Part.

(b) Where the Commission of the European Communities has approved an amount—

(i) which is lower than the amount of capital expenditure actually incurred on the construction or refurbishment of the building or structure, then, for the purposes of this Part, that lower amount shall be substituted for the amount actually incurred, or

(ii) which is lower than the amount of the net price paid within the meaning of section 279, that section shall apply as if the reference to the net price paid in subsection (2)(b) were a reference to the lower amount so approved.

^<[47]

^[58]>

or

(iii) where the construction or refurbishment work on the holiday cottage represented by that expenditure is exempted development for the purposes of the Planning and Development Act 2000 by virtue of section 4 of that Act or by virtue of Part 2 of the Planning and Development Regulations 2001 (S.I. No. 600 of 2001) and—

(I) a detailed plan in relation to the development work is prepared,

(II) a binding contract in writing, under which the expenditure on the development is incurred, is in existence, and

(III) work to the value of 5 per cent of the development costs is carried out,

not later than 31 December 2004.

^<[58]

^[77]>

(c) This subsection shall not apply as respects expenditure incurred on or before 31 July 2008 on the construction or refurbishment of a holiday cottage if—

(i) the conditions of subparagraph (i), (ii) or (iii), as the case may be, of paragraph (b) have been satisfied,

(ii) subject to paragraphs (a) and (b) of section 270(7)—

(I) the person who is constructing or refurbishing the holiday cottage has, on or before 31 December 2006, carried out work to the value of not less than 15 per cent of the actual construction or, as the case may be, refurbishment costs of the holiday cottage, and

(II) the person referred to in clause (I) or, where the holiday cottage is sold by that person, the person who is claiming a deduction under this Chapter in relation to the expenditure incurred, can show that the condition in clause (I) was satisfied,

(iii) a binding contract in writing under which expenditure on the construction or refurbishment of the holiday cottage is incurred was in existence on or before 31 July 2006, and

(iv) such other conditions, as may be specified in regulations made for the purposes of this subparagraph by the Minister for Finance, have been satisfied; but such conditions shall be limited to those necessary to ensure compliance with the laws of the European Communities governing State aid or with a decision of the Commission of the European Communities as to whether aid to which this subsection relates is compatible with the common market having regard to Article 87 of the European Communities Treaty.

^<[77]

^[64]>

(14) Subject to subsection (15), a building or structure in use for the purposes of the trade of hotel-keeping (but not including a building or structure deemed to be such a building or structure) shall not, as respects capital expenditure incurred on or after 3 February 2005 on its construction (within the meaning of section 270), be treated as an industrial building or structure unless the building or structure is registered in the register of hotels kept under the Tourist Traffic Acts 1939 to 2003.

(15) Subsection (14) shall not apply as respects capital expenditure incurred on or before 31 July 2006 on the construction or refurbishment of a building or structure in use for the purposes of the trade of hotel-keeping if—

(a) (i) a planning application (not being an application for outline permission within the meaning of section 36 of the Planning and Development Act 2000), in so far as planning permission was required, in respect of the construction or refurbishment work on the building or structure represented by that expenditure, was made in accordance with the Planning and Development Regulations 2001 to 2004,

(ii) an acknowledgement of the application, which confirms that the application was received on or before 31 December 2004, was issued by the planning authority in accordance with article 26(2) of the Planning and Development Regulations 2001 (S.I. No. 600 of 2001), and

(iii) the application was not an invalid application in respect of which a notice was issued by the planning authority in accordance with article 26(5) of those regulations,

(b) (i) a planning application, in so far as planning permission was required, in respect of the construction or refurbishment work on the building or structure represented by that expenditure, was made in accordance with the Local Government (Planning and Development) Regulations 1994 (S.I. No. 86 of 1994), not being an application for outline permission within the meaning of article 3 of those regulations,

(ii) an acknowledgement of the application, which confirms that the application was received on or before 10 March 2002, was issued by the planning authority in accordance with article 29(2)(a) of the regulations referred to in subparagraph (i), and

(iii) the application was not an invalid application in respect of which a notice was issued by the planning authority in accordance with article 29(2)(b)(i) of those regulations,

(c) where the construction or refurbishment work on the building or structure represented by that expenditure is exempted development for the purposes of the Planning and Development Act 2000 by virtue of section 4 of that Act or by virtue of Part 2 of the Planning and Development Regulations 2001 (S.I. No. 600 of 2001) and—

(i) a detailed plan in relation to the development work was prepared,

(ii) a binding contract in writing, under which the expenditure on the development is incurred, was in existence, and

(iii) work to the value of 5 per cent of the development costs was carried out,

not later than 31 December 2004, or

(d) (i) the construction or refurbishment of the building or structure is a development in respect of which an application for a certificate under section 25(7)(a)(ii) of the Dublin Docklands Development Authority Act 1997 was made to the Authority (within the meaning of that Act),

(ii) an acknowledgement of the application, which confirms that the application was received on or before 31 December 2004, was issued by that Authority, and

(iii) the application was not an invalid application.

^<[64]

^[81]>

(16) This subsection shall apply in relation to the construction or refurbishment of a qualifying sports injuries clinic where—

(a) the person who is constructing or refurbishing the clinic has, on or before 31 December 2006, carried out work to the value of not less than 15 per cent of the actual construction or, as the case may be, refurbishment costs of the clinic, and

(b) the person referred to in paragraph (a) or, where the clinic is sold by that person, the person who is claiming a deduction under this Chapter in relation to the expenditure incurred, can show that the condition in paragraph (a) was satisfied.

^<[81]

^[123]>

(17) (a) This paragraph shall apply where—

(i) capital expenditure is incurred on the construction or refurbishment of a building or structure referred to in paragraphs (g), (i), (j) or (l) of subsection (1),

(ii) the construction or refurbishment work on the building or structure represented by that expenditure is exempted development for the purposes of the Planning and Development Act 2000 by virtue of section 4 of that Act or by virtue of Part 2 of the Planning and Development Regulations 2001 (S.I. No. 600 of 2001) (in this subsection referred to as the “Regulations of 2001”), and

(iii) not less than 30 per cent of the total construction or refurbishment costs has been incurred on or before 31 December 2009.

(b) This paragraph shall apply where—

(i) capital expenditure is incurred on the construction or refurbishment of a building or structure referred to in paragraphs (g), (i), (j) or (l) of subsection (1),

(ii) a planning application (not being an application for outline permission within the meaning of section 36 of the Planning and Development Act 2000), in so far as planning permission is required, in respect of the construction or refurbishment work on the building or structure represented by that expenditure, is made in accordance with the Regulations of 2001,

(iii) an acknowledgement of the application, which confirms that the application was received on or before 31 December 2009, is issued by the planning authority in accordance with article 26(2) of the Regulations of 2001, and

(iv) the application is not an invalid application in respect of which a notice was issued by the planning authority in accordance with article 26(5) of the Regulations of 2001.

^<[123]