Irish Land Commission (Dissolution) Act, 1992
What is this act about?
This law dissolves the Irish Land Commission and winds up the system of land purchase, transferring its functions and property to the Minister for Agriculture and Food or the Central Fisheries Board.
Who it applies to: The Irish Land Commission and its Commissioners; The Minister for Agriculture and Food and the Minister for Finance.
At a glance
- Country
- Ireland
- Area of law
- Environment and agriculture
- Articles
- 14
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- The dissolution of the Irish Land Commission.
- The cessation of the Commission's powers to purchase or acquire land and resume holdings.
- The transfer of legal jurisdictions from the Judicial Commissioner and Appeal Tribunal to the High Court.
- The transfer of certain functions, property, and records from the Commission to the Minister for Agriculture and Food or the Central Fisheries Board.
Who does this act apply to?
- The Irish Land Commission and its Commissioners.
- The Minister for Agriculture and Food and the Minister for Finance.
- The Central Fisheries Board.
- Smallholders and former owners of compulsorily acquired land.
What are the key points?
- The Irish Land Commission is dissolved.
- All powers of the Commission to purchase or acquire land (except by exchange) or resume holdings cease.
- Jurisdictions of the Judicial Commissioner and Appeal Tribunal are transferred to the High Court.
- Land and property (except fishing rights) of the Commission are transferred to the Minister for Agriculture and Food, while fishing rights and fisheries are transferred to the Central Fisheries Board.
- The Minister may revoke vesting orders for land where the Commission has not taken actual possession.
- The Minister may sell or lease land, with regard to smallholders within five miles and former owners.
Environment and agriculture
Legal text
Legal text
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Section 1
Interpretation.
Section 2
Dissolution of Commission.
Section 3
Jurisdiction of Judicial Commissioner and Appeal Tribunal.
Section 4
Transfer to Minister of certain functions of Commission or Lay Commissioners.
Section 5
Transfer of property to Minister or Central Fisheries Board.
Section 6
Transfer of records.
Section 7
Revocation of vesting orders.
Section 8
Disposal of certain land acquired under the Land Purchase Acts.
Section 9
Compensation to Lay Commissioner.
Section 10
Sealing of certain documents.
Section 11
Transitional provisions.
Section 12
Regulations.
Section 13
Expenses.
Section 14
Short title, construction and commencement.
Number 25 of 1992 IRISH LAND COMMISSION (DISSOLUTION) ACT, 1992 AN ACT TO PROVIDE FOR THE DISSOLUTION OF THE IRISH LAND COMMISSION, FOR THE WINDING UP OF THE SYSTEM OF LAND PURCHASE, FOR THE TRANSFER OF CERTAIN FUNCTIONS EXERCISABLE UNDER THE LAND PURCHASE ACTS, AND FOR OTHER CONNECTED MATTERS. [11th November, 1992] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Interpretation.
1.—(1) In this Act— “the Commission” means the Irish Land Commission; “Lay Commissioner” means a Commissioner of the Commission other than the Judicial Commissioner; “the Minister” means the Minister for Agriculture and Food; “smallholder” means a person being the occupier of a holding which in the opinion of the Minister is not an economic holding.
Dissolution of Commission.
2.—(1) The Commission is hereby dissolved.
Jurisdiction of Judicial Commissioner and Appeal Tribunal.
3.—(1) The jurisdictions vested in the office of Judicial Commissioner and in the Appeal Tribunal are hereby vested in the High Court and shall be exercised by the President of the High Court or, where he so directs, by an ordinary judge of the High Court assigned in that behalf by him.
Transfer to Minister of certain functions of Commission or Lay Commissioners.
4.—Any power or duty vested by law in the Commission or the Lay Commissioners shall, so far as not inconsistent with this Act, be exercised by the Minister or by an officer of the Minister for the time being authorised, whether specifically or by reference to a class of such officers, in that behalf by the Minister.
Transfer of property to Minister or Central Fisheries Board.
5.—(1) All land and other property which, immediately before the commencement of this Act, stood vested in or reserved to the Commission shall on such commencement, without any conveyance, assignment or transfer— (a) as to land and other property (except fishing rights and fisheries) stand vested in the Minister, and (b) as to fishing rights and fisheries, stand vested in or reserved to the Central Fisheries Board, for all the estate or interest of the Commission subject, so far as not modified by virtue of this Act, to all trusts and equities, covenants, conditions and restrictions affecting the property.
Transfer of records.
6.—(1) All records, deeds and other documents which immediately before the commencement of this Act are lodged with the Commission, or which but for this Act would have been required to be so lodged, shall be transferred to and lodged with the Minister who shall make such arrangements as he thinks proper for the custody thereof.
Revocation of vesting orders.
7.—(1) The Minister may, subject to this section, by order revoke any vesting order under the Land Purchase Acts vesting specified land (in this section referred to as “the relevant land”) in the Commission or any declaration by the Commission having the effect of such a vesting order, in any case where the Commission has not entered into actual possession of the relevant land.
Disposal of certain land acquired under the Land Purchase Acts.
8.—(1) The Minister, with the consent of the Minister for Finance, may, subject to this section, sell, or lease for a term of five years or more, any land and sell any other property vested in the Minister under this Act.
Compensation to Lay Commissioner.
9.—(1) The Minister, with the concurrence of the Minister for Finance, may, out of moneys provided by the Oireachtas, provide such compensation to or in respect of a Lay Commissioner ceasing to hold office by reason of section 2 of this Act as the Minister considers reasonable.
Sealing of certain documents.
10.—If, for the purpose of the exercise of any powers or duties of the Commission transferred to the Minister by this Act, or of any powers or duties conferred on the Commission by the Land Purchase Acts, a document is required to be sealed, the document shall be sealed with the seal of the Minister.
Transitional provisions.
11.—(1) In the construction and for the purposes of any enactment or any instrument thereunder or of any judgement, decree, order, award, deed, contract or other document passed or made before the transfer by virtue of this Act from the Commission to the Minister of any functions, so far as may be necessary for the purpose of such transfer, the title of the Minister shall be substituted for that of the Commission.
Regulations.
12.—(1) The Minister may make regulations in relation to all or any of the following matters— (a) the modification or adaptation of any provision of the Land Purchase Acts; (b) the performance of any functions transferred to the Minister by this Act; (c) the transfer of any property, rights and liabilities and the closing of any accounts, where any such transfer is in the opinion of the Minister necessary by reason of any provision of this Act.
Expenses.
13.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
Short title, construction and commencement.
14.—(1) This Act may be cited as the Irish Land Commission (Dissolution) Act, 1992.
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