S.I. No. 814/2004 - Finance Act 2004 (Commencement of Section 28) Order 2004

1. This Order may be cited as the Finance Act 2004 (Commencement of Section 28) Order 2004.

2. (1) The 1st day of January 2005 is, subject to paragraphs (2) and (3) of this Article, appointed as the day on which

section 28

of the

Finance Act 2004

(No. 8 of 2004) comes into operation.

(2) The amendments to

section 481

of the

Taxes Consolidation Act 1997

(No. 39 of 1997) by

section 28

of the

Finance Act 2004

apply as respects an application made on or after 1 January 2005 by a qualifying company (within the meaning of the said section 481) for a certificate under the said section 481 in relation to a film to which that section relates.

(3) In so far as it relates to the insertion of subsection (2E) into

section 481

of the

Taxes Consolidation Act 1997

, the date of the making of this Order is appointed as the day on which

section 28

(1)(c) of the

Finance Act 2004

comes into operation.

GIVEN under my Official Seal,

17th of December 2004.

Brian Cowen

Minister for Finance.

Explanatory Note

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order commences section 28 of the 2004 Finance Act and thereby extends the scheme of film relief provided for under

section 481

of the

Taxes Consolidation Act 1997

from 31 December 2004 to 31 December 2008. This Order also brings into effect from 1 january 2005 the increase to £15 million in the limit on section 481 funding that can be raised for any one film, the measures to address certain abuses of the relief and the amended procedures in regard to the administration of the scheme that were also provided for in section 28 of the 2004 Finance Act.

Made by the Minister for Finance

I, Brian Cowen, Minister for Finance, in exercise of the powers conferred on me by

section 28

of the

Finance Act 2004

(No. 8 of 2004), hereby order as follows