Link Report

section 905(2)(c)(iii)

sections 886 and 905

(6) Where an authorised officer in the exercise of his or her powers under subsection (2A) of section 905or subsection (3) of section 908C has removed records (within the meaning of that section section 905 or 908C, as the case may be ) from any place, gives evidence in proceedings that to the best of the authorised officer’s knowledge and belief, the records are the property of any person, the records shall be presumed unless the contrary is proved, to be the property of that person.

(6) Where an authorised officer in the exercise of his or her powers under subsection (2A) of section 905or subsection (3) of section 908C has removed records (within the meaning of that section section 905 or 908C, as the case may be ) from any place, gives evidence in proceedings that to the best of the authorised officer’s knowledge and belief, the records are the property of any person, the records shall be presumed unless the contrary is proved, to be the property of that person.

(2) Sections 7, 858, 859, 872(1), 905, 906, 910, 912, 1002, 1078, 1079 and 1093 (in so far as relating to Customs) shall be construed together with the Customs Acts and (in so far as relating to duties of excise) shall be construed together with the statutes which relate to the duties of excise and to the management of those duties.

(3) Sections 7, 811, 858, 859, 872(1), 887, 905, 906, 910 and 912, subsections (2) and (3) of section 928 section 959G, and sections 1001, 1002, 1006, 1078, 1079, 1086, 1086A, 1093, 1094 and 1095 (in so far as relating to value-added tax) shall be construed together with the Value-Added Tax Consolidation Act 2010.

(4) Sections 7, 8, 811, 858, 859, 872(1), 875, 905, 906, 910, 1002, 1078, 1079, 1086, 1086A and 1093 (in so far as relating to stamp duties) shall be construed together with the Stamp Act, 1891, Stamp Duties Consolidation Act 1999, and the enactments amending or extending that Act.

(5) Sections 7, 8, 811, 858, 859, 872(1), 887, 905, 906, 910, 912, 1002, 1003, 1006, 1078, 1079, 1086, 1086A and 1093 (in so far as relating to capital acquisitions tax) and Part 34 (in so far as relating to capital acquisitions tax) shall be construed together with the Capital Acquisitions Tax Consolidation Act 2003, and the enactments amending or extending that Act.

(6) Sections 7, 811, 859, 872(1), 887, 905, 906, 910, 912, 1006, 1078, 1086, 1086A and 1093 (in so far as they relate to Part VI of the Finance Act, 1983) shall be construed together with that Part and enactments amending or extending that Part.

“authorised officer” means an authorised officer within the meaning of section 905;

“records” has the same meaning as it has in section 905;

(12) A nominated officer shall not, without the consent of the occupier, enter any premises, or that portion of any premises, which is occupied wholly and exclusively as a private residence, except on production by an authorised officer of a warrant issued under subsection (2A) of section 905 in which the nominated officer is named pursuant to paragraph (c) of that subsection.

Where an authorised officer (within the meaning of section 903, 904 or 905, as the case may be) in accordance with section 903, 904 or 905 enters any premises or place, the authorised officer may be accompanied by a member or members of the Garda Síochána, and any such member may arrest without warrant any person who obstructs or interferes with the authorised officer in the exercise or performance of his or her powers or duties under any of those sections.

Where an authorised officer (within the meaning of section 903, 904 or 905, as the case may be) in accordance with section 903, 904 or 905 enters any premises or place, the authorised officer may be accompanied by a member or members of the Garda Síochána, and any such member may arrest without warrant any person who obstructs or interferes with the authorised officer in the exercise or performance of his or her powers or duties under any of those sections.

(2) For the purposes of complying with provisions with respect to the exchange of information contained in the arrangements in the arrangements or in the Convention, sections 900, 901, 902, 902A, 902A, 905, 906A, 907 and 907, 907A and 908 shall, subject to subsection (3), have effect—

(3) Where sections 902A, 905, 907 and 907, 907A and 908 have effect by virtue only of this section, they shall have effect as if the references in those sections to—