3. (1) Unless paragraph (2) is applied, a qualifying person who has borne or paid tax on—

(a) the supply to such person,

(b) the intra-Community acquisition or importation, or

(c) the hiring or leasing,

of a qualifying vehicle which is for use (for a period of not less than one year where subparagraph (a) or (b) apply, and for a period of not less than 6 consecu tive months where subparagraph (c) applies), by such person in the State in the business of the carriage for reward of tourists by road under contracts for group transport shall, subject to the conditions specified in Article 4, be repaid the full tax borne or paid provided that—

(i) the supply, intra-Community acquisition or importation of the vehicle which gave rise to the tax occurred when the vehicle was not more than 2 years old, or

(ii) the hiring or leasing of the vehicle which gave rise to the tax was on the basis of a contract for hire or lease first entered into when the vehicle was not more than 2 years old.

(2) A qualifying person who is an accountable person in respect of the tax chargeable on—

(a) the intra-Community acquisition of a qualifying vehicle, or

(b) the hire or lease of a qualifying vehicle from a supplier established outside the State,

may, in lieu of claiming repayment under paragraph (1), elect to deduct the tax chargeable in respect of that acquisition in the return which that person is obliged to furnish, concerning that acquisition, in accordance with section 76 or 77 of the Act but any amount of tax deducted in accordance with this paragraph shall be deemed for the purposes of Article 6 of this Order, to be tax refunded.

(3) This Article applies only where—

(a) the supply, hire, lease, intra-Community acquisition or importation, as the case may be, referred to in paragraph (1) or (2) occurred on or after the date on which this Order is made, and

(b) the qualifying person is not entitled to a deduction or repayment—

(i) by any other provision of the Act or regulations made under the Act, or

(ii) under any other enactment administered by the Revenue Commissioners,

of any portion of the tax paid or payable in respect of the qualifying vehicle.