Registration of Title Act, 1964

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Power to make rules and orders.

126.—(1) The committee constituted by section 73 of the Courts of Justice Act, 1936 , shall continue to be styled the Registration of Title Rules Committee.

(2) The Registration of Title Rules Committee, with the concurrence of the Minister for Justice, may make general rules for carrying into effect the objects of this Act, and in particular, without limiting the foregoing power, in respect of all or any of the following matters:

(a) the conduct of the business in the central and local offices, and the powers and duties of the Registrar and local registrars, and of all officers and persons attached to the central office and the local offices;

(b) the relations between the central office and the local offices;

(c) the conduct of transfers and the publication of information relating to transfers;

(d) the making, keeping, and indexing of the registers and the authentication and preservation of documents relating to title;

(e) the procedure to be observed, the precautions to be taken, the notices to be given and the evidence to be adduced in all proceedings in connexion with registration, and the circumstances under which and the persons to whom reference is to be made in respect of the examination of any title to land proposed to be registered;

(f) the procedure to be adopted in connexion with registration on exchange of holdings;

(g) the form in which and conditions under which entries in the register are to be made and may be modified or cancelled; the order in which entries relating to the same land are to be made, and the correction of clerical errors in the registers or registry maps or in any document connected with registration;

(h) the form and contents of any instrument, certificate, memorial, affidavit or other document required or authorised to be used or given under or for the purposes of this Act;

(i) the conditions under which a new land certificate or certificate of charge may be given in place of a certificate lost, defaced or destroyed;

(j) the custody of any instruments from time to time coming into the hands of any officer of the Land Registry;

(k) the inspection of and making of copies of or extracts from any register or document in the custody of the Land Registry;

(l) the costs and fees to be charged by or allowed to solicitors or other persons in or incidental to or consequential on registration, or any other matter required to be done for the purpose of carrying this Act into execution, or otherwise in discharge of the duties imposed by or under this or any other Act on a registering authority, with power to require those costs and fees to be payable by commission, percentage, or otherwise;

(m) the taxation of costs and the persons by and to whom costs are to be taxed and paid;

(n) the entering into security for the costs of appeal under this Act; and

(o) any matter by this Act directed or authorised to be prescribed, or for which general rules are by this Act directed or authorised to be made.

(3) Provision shall be made by general rules for the registration, without cost to the parties interested, of all titles recorded under the Record of Title (Ireland) Act, 1865 , and care shall be taken in such rules to protect any rights acquired in pursuance of such recording. Until registration, that Act shall apply thereto as if this Act had not been passed.

(4) (a) Every office under the control of the Registrar as such, or as Registrar of Deeds, shall be open to the public on such days and during such hours as the Minister for Justice may from time to time by order appoint.

(b) The Registry of Deeds Office (Ireland) Holidays Act, 1883, is hereby repealed.

(c) Notwithstanding section 2, this subsection shall come into operation on the passing of this Act.