S.I. No. 91/1961 - Property Values (Arbitrations and Appeals) Rules, 1961.

S.I. No. 91 of 1961.

PROPERTY VALUES (ARBITRATIONS AND APPEALS) RULES, 1961.

We, the Reference Committee, in exercise of the powers conferred on us by section 33 of the Finance (1909-10) Act, 1910, the Acquisition of Land (Assessment of Compensation) Act, 1919, and sections 3 and 4 of the Property Values (Arbitrations and Appeals) Act, 1960 (No. 45 of 1960), hereby make the following Rules, with the approval of the Minister for Finance in so far as they are made under the said section 33 :

1. These Rules may be cited as the Property Values (Arbitrations and Appeals) Rules, 1961.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to these Rules.

3. (1) In these Rules—

" the Act of 1910 " means the Finance (1909-10) Act, 1910 ;

" the Act of 1919 " means the Acquisition of Land (Assessment of Compensation) Act, 1919 ;

" question " means a question referred to in section 1 of the Act of 1919 ;

" the Reference Committee " means the Reference Committee established by section 1 of the Act of 1919, as amended by the Acquisition of Land (Reference Committee) Act, 1925 (No. 22 of 1925) ;

" the Rules of 1911 " means the Land Values (Referee) (Ireland) Rules, 1911 ;

" the Rules of 1920 " means the Acquisition of Land (Assessment of Compensation) Rules, 1920.

(2) These Rules shall, in so far as they amend the Rules of 1911, be construed as one with the Rules of 1911 and shall, in so far as they amend the Rules of 1920, be construed as one with the Rules of 1920.

4. (1) An appeal under section 33 of the Act of 1910 to a property arbitrator may be made by sending to the Reference Committee and to the Revenue Commissioners within the period provided for by the Rules of 1911 a notice of appeal in theappropriate form set out in the Schedule to the Rules of 1911 or in a form to the like effect specifying the matter to which the appeal relates and giving particulars of the grounds of the appeal.

(2) The Revenue Commissioners shall cause printed copies of the forms of notices of appeal set out in the Schedule to the Rules of 1911 to be furnished free of charge on application by any person to the Revenue Commissioners or to any person authorised by the Revenue Commissioners to furnish the forms.

5. Whenever the Reference Committee receives, pursuant to Rule 4 of these Rules, a notice of appeal in writing, it shall, as soon as may be, nominate a property arbitrator for the purpose of the reference and determination of the appeal to which the notice relates, and shall, as soon as it has nominated the property arbitrator, inform the Revenue Commissioners and the appellant of his name and address.

6. In the Rules of 1911—

(a) references to the Reference Committee for Ireland constituted under section 33 of the Act of 1910 shall be construed as references to the Reference Committee,

(b) references to a referee and the reference in Rule 8 to the referee selected shall be construed as references to a property arbitrator nominated under these Rules, and

(c) Rules 3, 7, 11 and 14 shall be revoked.

7. (1) Where a question has arisen, any party to or affected by, the acquisition in relation to which the question has arisen—

(a) may, at any time after the expiration of fourteen days from the date on which notice to treat was served in relation to the acquisition, send to the Reference Committee an application in writing for the nomination of a property arbitrator for the purposes of the reference and determination of the question, and

(b) shall, if he sends the application specified in paragraph (a) of this Rule, as soon as may be after such sending, send a copy thereof to every other party to, or affected by, the acquisition aforesaid.

(2) An application under this Rule shall be in writing and shall specify the parties to, or affected by the acquisition, the land to be acquired, the nature of the question to which the application relates, the statutory provisions under which the question arises and, if compensation is claimed, the interest in respect of which it is claimed.

8. Whenever the Reference Committee receives, pursuant to Rule 7 of these Rules, a valid application in writing for the appointment of a property arbitrator, it shall, as soon as may be, nominate a property arbitrator for the purpose of the reference and determination of the question to which the notice relates, and shall, as soon as it has nominated the property arbitrator, inform the parties to, or affected by, the acquisition in relation to which the question has arisen of his name and address.

9. In the Rules of 1920—

(a) the definition of " arbitrator " in Rule 2 shall be deleted,

(b) " nomination " shall be substituted for " appointment " in each place where it occurs and " nominated " shall be substituted for " appointed " in each place where it occurs,

(c) references to an official arbitrator shall be construed as references to a property arbitrator nominated under these Rules, and

(d) Rules 3, 4, 6 and 9 and the Schedule shall be revoked.

10. The Reference Committee may, in the case of the death or incapacity of a property arbitrator nominated for the purposes of the reference and determination of an appeal under section 33 of the Act of 1910 or a question, or if it is shown to the Reference Committee that it is expedient so to do, in any other case, at any time before the determination of the appeal or question, as the case may be, revoke the nomination of the property arbitrator and nominate another property arbitrator for the purposes of the reference and determination of the appeal or question, as the case may be, and the Reference Committee shall, as soon as it has nominated the other property arbitrator, inform—

(a) in the case of an appeal, the Revenue Commissioners and the appellant, and

(b) in the case of a question, every party to, or affected by, the acquisition to which the question relates,

of the name and address of the other property arbitrator.

11. Any notice or other document required or authorised by the Rules of 1911, the Rules of 1920 or these Rules to be sent to the Reference Committee or any other person shall be deemed to be duly sent if sent by post—

(a) in the case of the Reference Committee, to the Secretary of the Reference Committee, Four Courts, Dublin, and

(b) in the case of any other person, to his usual address.

12. These Rules shall not have effect in respect of—

(a) any appeal under section 33 of the Act of 1910 in relation to which a referee has been selected under the Rules of 1911 before the 21st day of December, 1960, or

(b) any question in relation to which an official arbitrator has been selected under the Rules of 1920 before the 21st day of December, 1960.

GIVEN this 29th day of April, 1961.

Conchubhar A. Maguidhir

Cahir Davitt, P.

Padraig Mulcahy

The Minister for Finance hereby approves of the foregoing Rules in so far as they are made under section 33 of the Finance (1909-10) Act, 1910.

GIVEN under the Official Seal of the Minister for Finance, this 29th day of April, 1961.

M. BREATHNACH.

A person authorised by the Minister for Finance to authenticate the official seal of the Minister.

EXPLANATORY NOTE.

The effect of these rules is to amend the Land Values (Referee) (Ireland) Rules, 1911, and the Acquisition of Land (Assessment of Compensation) Rules, 1920, and to set forth the procedure to be adopted when application is made to the Reference Committee for the appointment of a Property Arbitrator to determine arbitrations under the Acquisition of Land (Assessment of Compensation) Act, 1919, and Estate Duty appeals under section 33 of the Finance (1909-10) Act, 1910.