Broadcasting Authority Act, 1960

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Transfer of property and liabilities.

32.—(1) All property (excluding land and any benefit or interest referred to in part III of the Second Schedule to this Act) and all right (including rights under licences and assignments in copyright) held or enjoyed immediately before the establishment day by the Minister in connection with his functions under Part II of the Act of 1926 shall, by virtue of this subsection, become transferred to the Authority on the establishment day, and accordingly—

(a) that property shall, on the establishment day, vest in the Authority, and

(b) those rights shall, on and after the establishment day, be enjoyed by the Authority.

(2) On the establishment day, the lands described in Part I of the Second Schedule to the Act shall, by virtue of this subsection, vest in the Authority for all the interest therein which immediately before the establishment day was vested in the Minister for Finance.

(3) On the establishment day the lands described in Part II of the Second Schedule to this Act shall, by virtue of this subsection, vest in the Authority for all the interest therein which immediately before the establishment day day was vested in the Commissioners.

(4) On the establishment day any benefit of interest specified in Part III of the Second Schedule to this Act shall, by virtue of this subsection, vest in the Authority.

(5) (a) On the establishment day lands described in Part IV of the Second Schedule to this Act shall, by virtue of this subsection, vest in the Authority for all the interest therein which immediately before the establishment day was vested in the Commissioners.

(b) The Registrar of Titles shall, at the request of the Authority made on or after the establishment day, cause the Authority to be registered under the Registry of Title Act, 1891, as owner of the lands described in Part IV of the Second Schedule to this Act.

(c) No fees shall be payable in respect of any proceedings in the Land Registry under this subsection.

(6) Subsections (2), (3) and (5) of this section shall, for the purposes of section 6 of the Conveyancing Act, 1881 , have effect as conveyances of land.

(7) (a) In this subsection, “the Agreement” means the Agreement made on the 30th day of October, 1957, between the City of Cork Vocational Education Committee of the first part, the Minister for Finance of the second part, the Minister of the third part and the Commissioners of the fourth part, whereby it was (amongst other things) agreed that when the Broadcasting Station therein referred to shall have been duly completed, the said Committee shall by deed grant to the Commissioners a lease of the said Broadcasting Station for a term of 150 years from the 25th day of March, 1952.

(b) If the Lease referred to in Clause 5 of the Agreement is not executed before the establishment day,—

(i) the benefit of the Commissioners under the said Clause 5 shall, on the establishment day, vest, by virtue of this paragraph, in the Authority,

(ii) the references to the Minister in Clause (2) of the part of the Schedule to the Agreement which is headed “Covenants by the Lessors” shall, on and after the establishment day, have effect as references to the Authority.

(c) If the Lease referred to in Clause 5 of the Agreement is executed before the establishment day—

(i) the lessee's interest under the said Lease shall, on the establishment day, vest, by virtue of this paragraph, in the Authority,

(ii) the provisions inserted in the said Lease in pursuance of Clause (2) of the part of the Schedule to the Agreement which is headed “Covenants by the Lessor” shall, on and after the establishment day, have effect as if for the references to the Minister there were substituted references to the Authority.

(8) (a) In this subsection—

“the Agreement” means the Agreement for Sale made on the 28th day of September, 1959, between the Right Honourable Mervyn Patrick 9th Viscount Powerscourt of the one part and the Commissioners of the other part whereby it was agreed (amongst other things) that the said Viscount Powerscourt should sell and the Commissioners purchase the lands therein described as “All That part of the townland of Kippure East Barony of Talbotstown Lower containing fifteen acres two roods and twelve perches and part of the townland of Powers-court Mountain Barony of Rathdown containing two acres one rood twenty-eight perches statute measure or thereabouts both situate in the County of Wicklow and shown outlined in red on the map annexed hereto” together with the right of way specified therein and the easements referred to in clause 16 thereof.

(b) If the conveyance of the lands the subject of the Agreement is not executed before the establishment day—

(i) the benefit of the Commissioners under the Agreement shall, on the establishment day, vest, by virtue of this paragraph, in the Authority,

(ii) the references to the Commissioners in clauses 15 and 16 of the Agreement shall, on and after the establishment day, have effect as references to the Authority.

(c) If the conveyance of the lands the subject of the Agreement is executed before the establishment day—

(i) the interests of the Commissioners in the said lands shall, on the establishment day, vest, by virtue of this paragraph, in the Authority,

(ii) the provisions inserted in the said conveyance in pursuance of clauses 15 and 16 of the Agreement shall, on and after the establishment day, have effect as if for the references to the Commissioners there were substituted references to the Authority,

(iii) subparagraph (i) of this paragraph shall, for the purposes of section 6 of the Conveyancing Act, 1881 , have effect as a conveyance of land.

(9) Every debt and other liability (including unliquidated liabilities arising from torts or breaches of contract) which, immediately before the establishment day is owing and unpaid or has been incurred and is undischarged by the Minister or the Commissioners and is so owing or has been incurred in relation to broadcasting (including the proposed television service) shall, on the establishment day, become and be the debt or liability of the Authority and shall be paid or discharged by and may be recovered from and enforced against the Authority accordingly.

(10) The Minister for Finance shall, as soon as may be after the establishment day, certify the sums which in his opinion, represent the value of the property and rights, transferred by the preceding subsections of this section, together with the cost of development of any such property.

(11) Every sum certified under subsection (10) of this section shall be a debt due by the Authority to the Minister for Finance and the debt shall be discharged at such time or times, in such manner and upon such terms as the Minister for Finance, after consultation with the Minister, determines.

(12) Section 12 of the Finance Act, 1895, shall not apply to the vesting in the Authority of the property or rights transferred by this section.