Tuberculosis (Establishment of Sanatoria) Act, 1945

Vesting Order.

10.—(1) At any time after the expiration of twenty-one days after complying in relation to a preliminary order with the requirements of subsection (1) of section 9 of this Act, the Minister may, subject to the provisions of this section, make an order vesting the whole or any part of the land to which the preliminary order relates in the Minister on a specified date not earlier than thirty days after the making of the vesting order.

(2) A vesting order shall—

(a) contain a map or plan showing the land to which the order relates,

(b) without prejudice to subsections (3) and (4) of this section, be expressed and operate to vest the land in the Minister on the vesting date in fee simple subject—

(i) to any easements affecting the land, and

(ii) to any public rights affecting the land, and

(iii) to any annual sum payable in respect of the land, whether alone or in conjunction with other land, to the Land Commission or the Commissioners,

but, save as aforesaid, free from all claims whether in respect of estates or interests in the land or otherwise.

(3) Where the Minister makes a vesting order in relation to any land (in this subsection referred to as the acquired land) which is subject, in conjunction with other land, to an annual sum payable to the Land Commission or the Commissioners—

(a) the Minister shall give to the Land Commission or the Commissioners (as the case may be) notice of the order and such notice shall set out particulars of the acquired land,

(b) the Land Commission or the Commissioners (as the case may be) shall, as soon as may be after the receipt of such notice, either—

(i) apportion, with effect as on and from the vesting date, the annual sum in such manner as they consider proper between the acquired land and the other land, or

(ii) charge, with effect as on and from the vesting date, the whole of the annual sum on either the acquired land or the other land.

(4) Where the Minister makes a vesting order in relation to any land, he may by such order or a subsequent order under this subsection do either or both of the following things, that is to say:—

(a) declare that any specified public right affecting the land shall terminate or that all public rights affecting the land shall terminate,

(b) declare that any specified easement affecting the land shall terminate or that all easements affecting the land shall terminate,

and any public right or easement to which the declaration relates shall terminate on (as may be appropriate) the vesting date or the date on which such subsequent order is made.

(5) Where the Minister makes a vesting order, he shall, not later than twenty-one days after making the order—

(a) post a copy of the order on or near the land to which the order relates, and

(b) give a copy of the order to every person who appears to the Minister to have had, immediately before the making of the order, any estate or interest in the land and whose name can be ascertained by reasonable inquiries,

(c) publish a copy of the order in a newspaper circulating in an area in which the land is situate.

(6) Where any easement is terminated by a vesting order or an ancillary order, the Minister shall, not later than twenty one days after making the order, give a copy of the order to the person who appears to the Minister to have been, immediately before the making of the order, entitled to the easement, provided that such person's name can be ascertained by reasonable inquiries.

(7) Where any public right is terminated by a vesting order or an ancillary order, the Minister may, if he thinks it necessary, arrange for a right to be exercisable by the public in lieu of the terminated right.

(8) The map or plan contained in a vesting order may be omitted from the copies of the order posted and published in pursuance of paragraphs (a) and (c) of subsection (5) of this section, but a copy of such map or plan shall be deposited in the Custom House, Dublin, and shall be kept open for inspection at reasonable times and the said copies shall be accompanied by a statement that such map or plan is deposited and kept open for inspection as aforesaid.