Land Act, 1953

JurisdictionIreland
CitationIR No. 18/1953


Number 18 of 1953.


LAND ACT, 1953.


ARRANGEMENT OF SECTIONS

Section

1.

Short title, construction and citation.

2.

Rules and regulations.

3.

Payments and expenses.

4.

Land bonds—termination of restrictions on rate of interest, etc.

5.

Payment in certain cases in land bonds of first series created after passing of this Act.

6.

Issue of additional land bonds in certain cases.

7.

Land bonds—increase of limit on total amount.

8.

Further amendments of Land Bond Act, 1934.

9.

Amendment of section 30 of Land Act, 1933.

10.

Purchase money deemed fixed on appointed day in certain cases.

11.

Untenanted land—extension of time for application to redetermine price.

12.

Possession and vesting of tenants' interests in cases of resumption.

13.

Amendment of section 13 of Land Act, 1939.

14.

Payments to Land Commission on allocation where there is delay in obtaining possession in certain cases of resumption.

15.

Extension of section 18 of Land Act, 1927, and section 41 of Land Act, 1931.

16.

Congested districts holdings not listed under section 23 of Land Act, 1931.

17.

Vesting orders in certain cases.

18.

Limited administrators and nominated representatives.

19.

Execution.

20.

Amendment of section 25 of Land Act, 1931.

21.

Amendment of section 19 of Land Act, 1933.

22.

Amendment of section 5 of Land Act, 1936.

23.

Amendment of section 24 of Land Act, 1939, and section 25 of Land Act, 1950.

SCHEDULE.

References to Rates.


Number 18 of 1953.


LAND ACT, 1953.


AN ACT TO AMEND AND EXTEND THE LAND PURCHASE ACTS. [7th July, 1953.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Short title, construction and citation.

1.—(1) This Act may be cited as the Land Act, 1953.

(2) This Act shall be construed as one with the Land Purchase Acts and may be cited with those Acts.

Rules and regulations.

2.—(1) The power of making rules conferred by subsections (1) and (2) of section 3 of the Land Act, 1933 , shall extend to and be exercisable for making rules for carrying into effect the provisions (other than provisions relating to land purchase finance) of this Act.

(2) The Minister for Finance may make rules and regulations for carrying into effect the provisions of this Act relating to land purchase finance, and may by such rules or regulations adapt to the requirements of this Act any provisions relating to land purchase finance contained in any Act passed before this Act.

Payments and expenses.

3.—The payments made and expenses incurred by the Minister for Lands and by the Land Commission in giving effect to this Act and in the administration thereof shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Land bonds—termination of restrictions on rate of interest etc.

4.—(1) Section 4 of the Land Bond Act, 1934 , is hereby amended—

(a) by the deletion in subsection (1) of “(not less than three nor more than four per cent. per annum)”, and

(b) by the deletion in subsection (3) of “(within the limits imposed by this section)”.

(2) In relation to any case in which an advance is made or purchase money is paid by means of an issue of land bonds created after the passing of this Act, each of the references to rates specified in Part I of the Schedule to this Act shall be construed as a reference to the rate at which the purchase annuity or other annual sum is fixed under subsection (6) of section 4 of the Land Bond Act, 1934 , for the repayment of such advance or purchase money.

(3) In relation to any case in which an advance is made or purchase money is paid by means of an issue of land bonds created under section 4 of the Land Bond Act, 1934 , or that section as amended by this Act—

(a) each of the references to rates specified in Part II of the Schedule to this Act shall be construed as a reference to the rate at which such land bonds bear interest, and

(b) each of the references to rates specified in Part III of the Schedule to this Act shall be construed as a reference to the rate of sinking fund fixed under subsection (5) of the said section 4 in respect of such land bonds.

(4) Subsection (3) of this section shall be deemed to have come into operation on the passing of the Land Bond Act, 1934 .

(5) Where any land which is not subject to a purchase annuity or annual sum equivalent to a purchase annuity is vested in the Land Commission under section 28 or section 30 of the Land Act, 1950 , any advance made by the Land Commission to a purchaser of such land or any part thereof shall be repaid by means of a purchase annuity calculated at such rate as the Minister for Finance directs.

(6) Where after the passing of this Act additional land bonds are issued in consequence of an increase in any standard purchase annuity or land bonds are lodged pursuant to paragraph (a) of subsection (2) of section 15 of the Land Act, 1931 , such land bonds shall be land bonds bearing the same rate of interest as the land bonds originally issued to the credit of the relevant estate.

Payment in certain cases in land bonds of first series created after passing of this Act.

5.—Where the price of untenanted land, or the resumption price of a holding or part of a holding, agreed upon or fixed before the passing of this Act is payable in land bonds which have not been issued before the first series of land bonds is created after the passing of this Act, then, notwithstanding anything to the contrary in any agreement or enactment or in any order of the Land Commission or the Appeal Tribunal, the price or the resumption price shall be paid by means of an issue of land bonds of that series.

Issue of additional land bonds in certain cases.

6.—(1) Where, before the first series of land bonds is created after the passing of this Act, land bonds have been issued in any matter in respect of the price of untenanted land or the resumption price of a holding or part of a holding and—

(a) possession of such land, holding or part has been taken by the Land Commission after the 11th day of December, 1952, or such land or the tenant's interest in such holding or part vested or is deemed to have vested in the Land Commission after that date, or

(b) such land vested in the Land Commission pursuant to section 30 of the Land Act, 1933 , or that section as extended by section 30 of the Land Act, 1936 , before the passing of this Act and the price thereof is agreed upon or fixed after such passing,

the Land Commission shall in such matter make an additional advance and issue additional land bonds equal in nominal amount (to the nearest pound) to such percentage of the price or the resumption price as the Minister for Finance directs and bearing the same rate of interest as the land bonds already issued.

(2) Where, before the first series of land bonds is created after the passing of this Act, land bonds have been issued in any matter in respect of the price of untenanted land (not being land in relation to which subsection (1) of this section applies) and such price is, pursuant to an application for the redetermination thereof, increased after the passing of this Act, the Land Commission shall in such matter make an additional advance and issue additional land bonds equal in nominal amount (to the nearest pound) to such percentage of the amount by which the price is increased as the Minister for Finance directs and bearing the same rate of interest as the land bonds already issued.

(3) Where, pursuant to subsection (1) or subsection (2) of this section, additional land bonds are issued in any matter—

(a) there shall be payable by the Land Commission to the person entitled to the receipt of the rents and profits of the untenanted land immediately before possession thereof was taken by the Land Commission or to the person entitled to the resumption price of the holding or the part of a holding a sum equal to interest (less income tax) on the additional land bonds from the date on which such land or the tenant's interest in such holding or part vested or is deemed to have vested in the Land Commission or the date on which possession of such land, holding or part was obtained by the Land Commission (whichever is the later) to the date of the issue of the additional land bonds and that sum shall be in lieu of such (if any) interest as may be appropriate under subsection (1) of section 2 of the Land Act, 1923 , and

(b) on the allocation of the additional land bonds in such matter due regard shall be had to the respective interests of all persons entitled to claim (whether before or after the passing of this Act) in such matter and such land bonds shall be distributed as the justice of the case may require by the Judicial Commissioner.

(4) Such sums as may from time to time be required to pay the interest and sinking fund on the additional land bonds issued in pursuance of this section shall, subject to the approval of the Minister for Finance, be paid to the Land Commission out of moneys to be provided by the Oireachtas.

Land bonds—increase of limit on total amount.

7.—Subsection (1) of section 6 of the Land Bond Act, 1934 , is hereby amended by the substitution of “fifteen million pounds” for “ten million pounds”.

Further amendments of Land Bond Act, 1934.

8.—(1) Subsection (2) of section 3 of the Land Bond Act, 1934 , is hereby amended by the insertion after “shall” of “(subject to the provisions of the next section)”.

(2) Subsection (2) of section 4 of the Land Bond Act, 1934 , is hereby amended by the insertion before “during” of “or deemed to be fixed”.

(3) Subsection (2) of section 4 of the Land Bond Act, 1934 , is hereby...

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