Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023
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Transitional provisions applicable to certain burial grounds originally vested in guardians of poor law union or burial board | ||
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64. (1) In this section, “ section 64 burial ground” means a burial ground— | ||
(a) situated in the State, and | ||
(b) that was vested in— | ||
(i) the guardians of a poor law union pursuant to section 26(1) or (2) of the Act of 1869, or | ||
(ii) the burial board of a sanitary district pursuant to section 161 of the Act of 1878, | ||
and includes any burial ground appurtenance. | ||
(2) Subsection (3) applies to a section 64 burial ground which is not, immediately before the commencement of this Chapter— | ||
(a) a section 53 to 60 monument, or | ||
(b) vested in fee simple in the Minister. | ||
(3) Subject to subsection (4), where a section 64 burial ground to which this subsection applies first becomes a registered monument, the land which comprises the registered monument shall, by operation of this section, vest in fee simple in the local authority in whose functional area the burial ground is situated, and section 24 (1) shall apply to the burial ground accordingly. | ||
(4) Nothing in subsection (3) shall operate to prejudice— | ||
(a) any estate, right, title or interest in or over land existing immediately before the commencement of this Chapter other than such an estate, right, title or interest— | ||
(i) vested in a public authority or local authority by the applicable enactments, or | ||
(ii) vested in a public authority under an order made under the Ministers and Secretaries Acts 1924 to 2017 for the purposes of transferring functions under the applicable enactments, | ||
or | ||
(b) any encumbrance on land existing immediately before the commencement of this Chapter other than such an encumbrance wholly in favour of a public authority or local authority. |