Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023
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Minister’s power to vest certain burial grounds in Minister or local authority | ||
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65. (1) In this section, “section 65 burial ground” means a burial ground— | ||
(a) situated in the State, and | ||
(b) referred to, or entered, in Appendix No. 9 to the Report of the Church Temporalities Commission, | ||
and includes any burial ground appurtenance. | ||
(2) Subsection (3) applies to a section 65 burial ground— | ||
(a) which is not, immediately before the commencement of this Chapter, a section 53 to 60 monument, or | ||
(b) in respect of which the fee simple has not, at any time before the commencement of this Chapter, been vested in a person at a direction given pursuant to section 26(2) of the Act of 1869. | ||
(3) Subject to subsection (4), the Minister may by order— | ||
(a) vest in fee simple the land which comprises a section 65 burial ground in the Minister on the date specified in the order for the purpose and without any conveyance or assignment, or | ||
(b) with the consent of the local authority in whose functional area a section 65 burial ground is situated, vest in fee simple the land which comprises the burial ground in that local authority on the date specified in the order for the purpose and without any conveyance or assignment, | ||
and, in either case if the burial ground is a registered monument, section 24 (1) shall apply to the burial ground accordingly. | ||
(4) Nothing in an order under subsection (3) shall operate to prejudice— | ||
(a) any estate, right, title or interest in or over land existing immediately before the order takes effect other than such an estate, right, title or interest— | ||
(i) vested in a public authority by a provision of the Act of 1869 (other than section 25 or 26 of that Act), | ||
(ii) vested in the Irish Land Commission by the Irish Church Act Amendment Act 1881 , | ||
(iii) vested in the Minister, within the meaning of section 1 of the Irish Land Commission (Dissolution) Act 1992 , by that Act, or | ||
(iv) 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 an Act referred to in subparagraph (i), (ii) or (iii), | ||
or | ||
(b) any encumbrance on land existing immediately before the order takes effect other than such an encumbrance wholly in favour of a public authority. |