Sport Ireland Act 2015
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SCHEDULE 2 Provisions Relating to Compulsory Acquisition | ||
Section 26 (1) and (2) | ||
1. (1) Where Sport Ireland proposes to acquire compulsorily any land or any interest in or right over land under section 26 , Sport Ireland shall apply to the Minister for an order under paragraph 2 authorising Sport Ireland to acquire the land, or acquire or use the right, compulsorily and the application shall be accompanied by such maps, plans and books of reference as are referred to in paragraph 5. | ||
(2) Sport Ireland shall publish a notice, in such form as the Minister approves, of the application in one or more newspapers circulating in the area of the land concerned and serve a copy of the notice on every person who appears to Sport Ireland to have an estate or interest in the land in so far as it is reasonably practicable to ascertain such persons. | ||
(3) The notice referred to in subparagraph (2) shall include a provision notifying persons having an estate or interest in the land concerned that they have the right to lodge with the Minister, within one month of the making of the application by Sport Ireland, an objection to the making of an order under paragraph 2 in relation to the land and shall specify the times and places where the maps, plans and books of reference deposited in accordance with paragraph 5 may be inspected. | ||
(4) The Minister shall consider and determine any objection to the application of Sport Ireland lodged with him or her within the period referred to in subparagraph (3) and the Minister may, if he or she thinks fit, appoint an adviser to assist him or her in relation thereto. | ||
2. The Minister shall, where no objection to the application of Sport Ireland is lodged with him or her within the period referred to in paragraph 1(3) or any such objection is rejected by him or her, make an order (in this Schedule referred to as an “acquisition order”) authorising Sport Ireland to acquire the land or right concerned compulsorily in accordance with the terms of its application or subject to such modifications, if any, as he or she may determine and specifies in the acquisition order. | ||
3. (1) At any time after the making of an acquisition order and before conveyance or ascertainment of price, Sport Ireland may, subject to this paragraph, enter on and take possession of the land to be acquired or exercise the right to be acquired. | ||
(2) Sport Ireland shall not— | ||
(a) enter on or take possession of any land under this paragraph without giving to the occupier of the land not less than one month’s previous notice in writing of its intention so to do, or | ||
(b) exercise any right under this paragraph without giving the occupier of the land in respect of which the right is to be exercised not less than one month’s previous notice in writing of its intention so to do. | ||
4. (1) A notice under this Schedule may be served on any person by sending it by registered post in an envelope addressed to him or her at his or her usual or last known address. | ||
(2) Where, for any reason, the envelope cannot be so addressed, it may be served on the person for whom it is intended by sending it by registered post in an envelope addressed to “the occupier” without stating his or her name at the land to which the notice relates. | ||
5. (1) Sport Ireland shall cause maps, plans and books of reference to be deposited in accordance with this paragraph. | ||
(2) The maps and plans shall be sufficient in quantity and character to show on adequate scales the land or right proposed to be acquired. | ||
(3) The books of reference shall contain the names of the owners or reputed owners, lessees or reputed lessees, and occupiers of the land which is proposed to be acquired or in respect of which the right is proposed to be exercised. | ||
(4) The maps, plans and books of reference shall be deposited at such place or places as Sport Ireland, with the consent of the Minister, considers suitable and shall remain so deposited for not less than one month and shall, while so deposited, be open to inspection by any person, free of charge, between the hours of 10 o’clock in the morning and 4 o’clock in the afternoon on every day except Saturdays, Sundays and public holidays. | ||
6. (1) The amount of the price to be paid by Sport Ireland for any land acquired pursuant to an acquisition order to the several persons entitled thereto or having estates or interests therein or for any right acquired pursuant to an acquisition order to the several persons entitled to or having estates or interests in the land in respect of which the right is exercised, shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act 1919 . | ||
(2) Sections 69 to 83 of the Lands Clauses Consolidation Act 1845 shall apply to the said price and, subject to paragraphs 7 and 8, to the conveyance to Sport Ireland of the land or right acquired, and for the purpose of the application of the said provisions Sport Ireland shall be deemed to be the promoters of the undertaking. | ||
7. (1) Where Sport Ireland has entered on and taken possession of land in accordance with paragraph 3 and the Minister is satisfied that— | ||
(a) the several interests in the land have not been conveyed or transferred to Sport Ireland, | ||
(b) it is urgently necessary, in connection with the purposes for which Sport Ireland has been authorised to acquire the land compulsorily, that the acquisition of the land should be completed, and | ||
(c) Sport Ireland has made a proper offer in writing to each person having an interest in the land who has furnished sufficient particulars of his or her interest to enable Sport Ireland to make a proper offer for such interest, | ||
then the Minister may make an order (in this Schedule referred to as “a vesting order”) vesting the land in Sport Ireland. | ||
(2) Where the Minister or Sport Ireland, before the making of the vesting order, becomes aware that the land to be acquired by the order is subject (whether alone or in conjunction with other land) to any annuity or other payment to the Minister for Agriculture, Food and the Marine or to the Commissioners of Public Works in Ireland, or to any charge for estate duty, succession duty or inheritance tax payable to the Revenue Commissioners on the death of any person, the Minister or Sport Ireland, as the case may be, shall forthwith inform the Minister for Agriculture, Food and the Marine, the Commissioners of Public Works in Ireland or the Revenue Commissioners, as the case may be, of the intention to make the order. | ||
(3) When a vesting order has been made, Sport Ireland shall within 7 days after having received notification from the Minister of the making of the order— | ||
(a) publish in one or more newspapers circulating in the area of the land to which the order relates a notice stating that the order has been made, describing the said land and naming a place where a copy of the order may be seen at all reasonable times, and | ||
(b) serve on every person appearing to it to have an interest in the land to which the order relates a notice stating the fact of such an order having been made and the effect of the order. | ||
8. (1) A vesting order shall be in the form prescribed by regulations made by the Minister under this Schedule which he or she is hereby authorised to make and shall have attached thereto a map of the land to which it relates and it shall be expressed and shall operate to vest the said land in Sport Ireland in fee simple free from encumbrances and all estates, rights, titles and interests of whatsoever kind (other than any public right of way) on a specified date not earlier than 21 days after the making of the vesting order. | ||
(2) Notwithstanding anything in subparagraph (1), where Sport Ireland has acquired, by a vesting order, land which is subject, either alone or in conjunction with other land, to a purchase annuity, payment in lieu of rent or other annual sum (not being merely a rent under a contract of tenancy) payable to the Minister for Agriculture, Food and the Marine or the Commissioners of Public Works in Ireland, Sport Ireland shall become and be liable, as from the date on which the land is vested in it by the vesting order, for the payment to the Minister for Agriculture, Food and the Marine or the Commissioners of Public Works in Ireland, as the case may be, of the annual sum or such portion thereof as may be apportioned by the Minister for Agriculture, Food and the Marine or the Commissioners of Public Works in Ireland, as the case may be, on the land as if the land had been conveyed to Sport Ireland by the owner thereof on that date. | ||
(3) When the Minister makes a vesting order in relation to any land, he or she shall cause the order to be sent to the registering authority under the Registration of Deeds and Title Act 2006 and thereupon the registering authority shall cause Sport Ireland to be registered as owner of the land in accordance with the order. |