Local Government Act, 1946

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Disposal of land not required.

83.—(1) The following provisions shall have effect in relation to any proposed disposal (not being by demise for a term not exceeding one year) of land which is held by a local authority and which is not required for the purposes of their powers and duties :—

(a) notices shall be sent by post on the same day to the members of the local authority giving particulars of—

(i) the land,

(ii) the name of the person from whom such land was acquired if the same can be ascertained by reasonable inquiries,

(iii) the person to whom the land is to be disposed of,

(iv) the consideration proposed in respect of the disposal,

(v) any covenants, conditions or agreements to have effect in connection with the disposal,

(b) at the first meeting of the local authority held after the expiration of ten clear days from the day on which such notices are sent, the local authority may resolve that the disposal shall not be carried out or that it shall be carried out in accordance with terms specified in the resolution,

(c) if the local authority do not pass a resolution pursuant to paragraph (b) of this subsection, the disposal may, with the consent of the Minister, be carried out,

(d) if the local authority resolve pursuant to paragraph (b) of this subsection that the disposal shall be carried out in accordance with terms specified in the resolution, the disposal may, with the consent of the Minister, be carried out in accordance with those terms,

(e) if the local authority resolve pursuant to paragraph (b) of this subsection that the disposal shall not be carried out, it shall not be carried out,

(f) the disposal shall not be carried out save pursuant to paragraphs (c) or (d) of this subsection.

(2) In this section the word “land” does not include land the disposition of which under the Municipal Corporations (Ireland) Acts, 1840 to 1888 (otherwise than by demise for a term not exceeding one year) is a reserved function.