Land Act, 1950
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Extension of section 20 of Irish Land Act, 1903, and section 18 of Irish Land Act, 1909, etc. |
30.—(1) Subsection (2) of section 4 and sub-section (2) of section 20 of the Irish Land Act, 1903 , sub-sections (1) and (2) of section 69 of the Land Act, 1923 , section 33 of the Land Act, 1933 , and section 59 of the Land Act, 1939 , are hereby repealed. | |
(2) The power of framing or approving any scheme by virtue of section 20 of the Irish Land Act, 1903 , or section 18 of the Irish Land Act, 1909 , shall, notwithstanding any other provision made by or under any Act or contained in any agreement made (whether before or after the passing of this Act) with the Land Commission, be exercised in all cases by the Minister. | ||
(3) The purposes referred to in section 4 of the Irish Land Act, 1903 , and section 18 of the Irish Land Act, 1909 , shall be extended so as to include tillage, gardens for schools, sportsfields, parks, pleasure-grounds and playgrounds amongst the purposes for which advances may be made or obtained under those sections, and existing schemes may be amended and future schemes may be framed, approved or amended accordingly. | ||
The said purposes, as extended as aforesaid, are referred to in the subsequent sub-sections of this section as the extended purposes. | ||
(4) An advance in pursuance of section 4 of the Irish Land Act, 1903 , as extended by this section, may be of such amount as the Minister may sanction. | ||
(5) A parcel of land may be sold by the Land Commission to trustees for all or any of the extended purposes for cash, whether payable by instalments or otherwise, and the provisions relating to a purchase by means of an advance under the Land Purchase Acts for all or any of the extended purposes shall, where applicable, have effect in relation to such sale. | ||
(6) The trustees mentioned in paragraph (e) of sub-section (1) of section 31 of the Land Act, 1923 , shall include trustees for all or any of the extended purposes. | ||
(7) Where any scheme has been framed or approved, whether before or after the passing of this Act, under section 20 of the Irish Land Act, 1903 , or section 18 of the Irish Land Act, 1909 , the Minister, notwithstanding any other provision made by the scheme or by or under any Act, may, by writing under his hand, exercise in relation to the scheme as for the time being in force all or any of the following powers:— | ||
(a) the appointment in any circumstances of any new or additional trustee or trustees, | ||
(b) the variation of or addition to the terms or trusts of the scheme (including the substitution of any of the extended purposes for any existing purpose of the scheme), | ||
(c) the removal of any existing or acting trustee, | ||
(d) the substitution of another trustee for any trustee removed, | ||
(e) where the Land Commission are satisfied that the trusts are not being administered in accordance with the scheme, the revocation of the whole of the scheme and of all the trusts thereof or of specified terms or trusts of the scheme, | ||
(f) the authorisation, subject to such conditions (if any) as the Minister deems proper to impose, of the disposal by the trustees, for public purposes, of the whole or part of any land to which the scheme relates whether or not such land or part thereof is no longer required for any purpose of the scheme, | ||
(g) the authorisation of the disposal of the proceeds of any sale authorised under the immediately preceding paragraph. | ||
(8) Where the removal under paragraph (c) of sub-section (7) of this section of one or more than one trustee would result in the number of the trustees being below the original number thereof or three (whichever is the less), he or they shall not be removed unless the substitution or substitutions necessary to obviate that result is or are made under paragraph (d) of that sub-section. | ||
(9) Where any scheme has been framed or approved, whether before or after the passing of this Act, under section 20 of the Irish Land Act, 1903 , or section 18 of the Irish Land Act, 1909 , the Land Commission, notwithstanding any other provision made by the scheme or by or under any Act, may exercise the following powers:— | ||
(a) the authorisation, subject to such conditions (if any) as the Land Commission deem proper to impose, of the disposal by the trustees, for purposes other than public purposes, of the whole or part of any land to which the scheme relates where such land or part thereof is, in the opinion of the Land Commission, no longer required for any purpose of the scheme, | ||
(b) the authorisation of the disposal of the proceeds of any sale authorised under the immediately preceding paragraph. | ||
(10) Where any Minister of State has at any time before the passing of this Act exercised any of the powers mentioned in sub-sections (7) and (9) of this section, such exercise shall be, and shall be deemed always to have been, as valid as if this section had been in force at that time and such exercise had been carried out in accordance with this section by the Minister or the Land Commission (as may be appropriate). | ||
(11) Where any scheme is revoked under this section— | ||
(a) the revocation shall operate to vest any land to which the scheme relates in the Land Commission in fee simple subject to any purchase annuity, funding annuity or annual sum thereon and any charge thereon under the Public Works Acts or the Land Reclamation Act, 1949 (No. 25 of 1949), but, save as aforesaid, freed and discharged from the trusts of the scheme and from all estates, claims or incumbrances of all persons whomsoever who are interested in such land, | ||
(b) the Land Commission shall be entitled to enter on and take possession of such land and section 19 of the Land Act, 1927 , shall apply accordingly, and | ||
(c) the trust funds, if any, shall be disposed of in such manner as the Minister directs. | ||
(12) Where any land is disposed of by virtue of an authorisation under paragraph (f) of sub-section (7) or paragraph (a) of sub-section (9) of this section— | ||
(a) the disposal shall operate to vest the land in the person to whom it is disposed of in fee simple subject to any purchase annuity, funding annuity, annual sum or other payment payable to the Land Commission in respect thereof and any charge thereon under the Public Works Acts or the Land Reclamation Act, 1949 (No. 25 of 1949), (including any arrears of such purchase annuity, funding annuity, annual sum, payment or charge), but save as aforesaid, freed and discharged from the trusts of the scheme and from all estates, claims or incumbrances of all persons whomsoever who are interested in the land, | ||
(b) if the person to whom the land is disposed of is the Land Commission, the Land Commission shall be entitled to enter on and take possession of the land and section 19 of the Land Act, 1927 , shall apply accordingly. | ||
(13) Any land which becomes vested in the Land Commission pursuant to sub-section (11) or sub-section (12) of this section shall be subject to the provisions of the Land Act, 1923 , as amended by subsequent Acts (including this Act), as to the provision of parcels of land for the persons or bodies mentioned in section 31 of the Land Act, 1923 , as amended as aforesaid. | ||
(14) On the revocation under this section of the whole of a scheme and of all the trusts thereof, or on the revocation, variation or addition under this section of or to any terms or trusts of a scheme (including the substitution of any of the extended purposes for any existing purpose of the scheme) the following provisions shall have effect:— | ||
(a) notice of the revocation, variation, addition or substitution shall be given in the prescribed manner to the trustee or trustees and to any other persons appearing to the Land Commission to be affected; | ||
(b) at any time within six months after the giving of such notice— | ||
(i) any beneficiary under the scheme or trusts who, as such beneficiary, has sustained loss by the revocation, variation, addition or substitution, and | ||
(ii) in the case of a revocation, any person from whose estate, claim or incumbrance the land to which the scheme and trusts relate was, by virtue of paragraph (a) of sub-section (11) of this section, freed and discharged and who has suffered loss by such freeing and discharge, | ||
may apply to the Land Commission for compensation to be paid by them in respect of such loss. | ||
(15) On the disposal of any land under an authorisation under paragraph (f) of sub-section (7) or paragraph (a) of sub-section (9) of this section, the following provisions shall have effect:— | ||
(a) notice of the disposal shall be given in the prescribed manner to all persons (other than the trustees of the scheme) appearing to the Land Commission to be affected; | ||
(b) at any time within six months after the giving of such notice— | ||
(i) any beneficiary under the scheme or trusts thereof who, as such beneficiary, has sustained loss by the disposal, and | ||
(ii) any person from whose estate, claim or incumbrance the land was, by virtue of paragraph (a) of sub-section (12) of this section freed and discharged and who has suffered loss by such freeing and discharge, | ||
may apply to the Land Commission for compensation to be paid by them in respect of such loss. | ||
(16) No compensation shall be payable under sub-section (14) or sub-section (15) of this section— | ||
(i) in respect of any loss which is the loss of a chance of being selected as a recipient of benefits under the scheme or trusts, or | ||
(ii) in respect of any loss in relation to which the Land Commission certify under seal that the applicant for compensation has been offered, or is or will be provided with, any specified right, interest or equity which the Land Commission are satisfied is of not less value to him than what he has lost. | ||
(17) Every question arising under sub-section (14), sub-section (15) or sub-section (16) of this section (including any question as to the right to or amount of compensation) shall, in default of agreement, be decided by the Lay Commissioners, but there shall be a right of appeal to the Appeal Tribunal and the decision of the Appeal Tribunal shall be final save that an appeal shall lie to the Supreme Court on questions of law. | ||
(18) Where any power conferred by this section or either of the two next following sections is exercised in relation to land registered under the Registration of Title Acts, 1891 and 1942, such exercise shall, where appropriate, be notified to the registering authority under those Acts, and, on receipt of such notification, the said registering authority shall cause the appropriate particulars to be entered in the relevant folio. | ||
(19) No stamp duty shall be payable on any instrument under this section or either of the two next following sections nor shall any fees be payable in respect of any proceedings in the Land Registry under sub-section (18) of this section. | ||
(20) In this section, any reference to disposal for public purposes includes disposal to the Land Commission and disposal for purposes related to the education, entertainment or recreation of any group, association or class of persons. | ||
(21) Subsection (2) and sub-section (3) of section 32 of the Land Act, 1933 , and paragraph (a) of sub-section (6) of section 39 of the Land Act, 1939 , are hereby amended by the deletion of the words “for the inhabitants of villages, towns, or cities or for schools”. | ||
(22) The reference in sub-section (4) of section 69 of the Land Act, 1923 , to sub-section (1) of that section shall be construed as a reference to this section. | ||
(23) To avoid doubts and without prejudice to the Interpretation Act, 1937 (No. 38 of 1937), it is hereby enacted as follows:— | ||
(a) any reference (whether specific or otherwise) in any provision made by or under any Act other than this Act to an amendment or extension by virtue of section 33 of the Land Act, 1933 , shall be construed as a reference to an amendment or extension by virtue of this section, and | ||
(b) nothing in this section shall prejudice or affect any matter or proceeding related to any enactment mentioned in sub-section (1) of this section and pending at the passing of this Act or any certificate given in relation to the matter or proceeding before such passing. |