In short
This law amends the British-Irish Agreement Act 1999, primarily concerning how certain bodies are treated under specific land and tenant laws. It clarifies the status of these bodies regarding the acquisition of fee simple and the Statute of Limitations.
What it regulates
- The application of section 13 of the Statute of Limitations 1957 to "Bodies."
- The ability of individuals to acquire the fee simple of a dwellinghouse from a "Body" under the Landlord and Tenant (Ground Rents) (No. 2) Act 1978.
- Exceptions to the new rules for ongoing applications and notices related to ground rents.
Who it concerns
- "Bodies" as defined within the context of the British-Irish Agreement Act 1999.
- Individuals seeking to acquire the fee simple of a dwellinghouse from such a "Body."
Key points
- A "Body" is considered a State authority for the purposes of section 13 of the Statute of Limitations 1957.
- The Landlord and Tenant (Ground Rents) (No. 2) Act 1978 generally does not bind a "Body."
- Despite this, a person can still acquire the fee simple from a "Body" unless the "Body" certifies that such acquisition is not in the public interest.
- The amendments do not apply to applications or notices made or served before the passing of this Act, including those under the Landlord and Tenant (Ground Rents) (No. 2) Act 1978 or the Landlord and Tenant (Ground Rents) Act 1967.
đ Legal text
British-Irish Agreement (Amendment) Act 2005
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Number 6 of 2005
BRITISH-IRISH AGREEMENT (AMENDMENT) ACT 2005
ARRANGEMENT OF SECTIONS
Section
1.
Definitions.
2.
Amendment of Principal Act.
3.
Saver.
4.
Short title and collective citation.
Acts Referred to
British-Irish Agreement Act 1999
1999, No. 1
British-Irish Agreement Acts 1999 and 2002
Landlord and Tenant (Ground Rents) (No. 2) Act 1978
1978, No. 16
Landlord and Tenant (Ground Rents) Act 1967
1967, No. 3
Statute of Limitations 1957
1957, No. 6
Number 6 of 2005
BRITISH-IRISH AGREEMENT (AMENDMENT) ACT 2005
AN ACT TO AMEND THE BRITISH-IRISH AGREEMENT ACT 1999 AND TO PROVIDE FOR RELATED MATTERS.
[6th May, 2005]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Definitions.
1.âIn this Actâ
âAct of 1967â means the
Landlord and Tenant (Ground Rents) Act 1967
;
âPrincipal Actâ means the
British-Irish Agreement Act 1999
.
Amendment of Principal Act.
2.âThe Principal Act is amended byâ
(a) substituting the following section for section 53:
âApplication of section 13 of Statute of Limitations 1957.
53.âA Body shall be deemed to be a State authority for the purposes of section 13 of the Statute of Limitations 1957.â,
and
(b) inserting the following section:
âAcquisition of fee simple from Body.
53A.â(1) The Act of 1978 shall not bind a Body.
(2) A person who, but for subsection (1), would be entitled to acquire the fee simple of a dwellinghouse under the Act of 1978 from a Body, shall, notwithstanding that subsection, be entitled to acquire that fee simple except where the Body concerned is satisfied that such acquisition would not be in the public interest and certifies that it is so satisfied.
(3) In this section âAct of 1978â means the
Landlord and Tenant (Ground Rents) (No. 2) Act 1978
.â.
Saver.
3.âThe amendment of the Principal Act effected by
section 2
(b) of this Act shall not apply toâ
(a) an application to the Registrar of Titles under Part III of the
Landlord and Tenant (Ground Rents) (No. 2) Act 1978
made before the passing of this Act,
(b) a notice of intention to acquire a fee simple under section 4 of the Act of 1967 served before such passing,
(c) an application to a county registrar under section 17 of the Act of 1967, or an arbitration under that Act, relating to a notice to which paragraph (b) of this section applies,
(d) an arbitration under the said Part III relating to an application to which paragraph (a) of this section applies,
(e) an appeal to the Circuit Court from a decision of a county registrar under the Act of 1967 relating to a notice to which paragraph (b) of this section applies, or
(f) an appeal to the Circuit Court from a decision of the Registrar of Titles under the said Part III relating to an application to which paragraph (a) of this section applies.
Short title and collective citation.
4.â(1) This Act may be cited as the British-Irish Agreement (Amendment) Act 2005.
(2) The British-Irish Agreement Acts 1999 and 2002 and this Act may be cited together as the British-Irish Agreement Acts 1999 to 2005.
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