Land Act, 1950
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Provisions with respect to certain trusts. |
31.—(1) Where— | |
(a) any trust has, before the passing of this Act, been constituted for any of the purposes referred to in section 4 of the Irish Land Act, 1903 , and section 18 of the Irish Land Act, 1909 , as extended by section 30 of this Act, whether the trust included or did not include any purpose not so referred to, and | ||
(b) the trust is not a trust as respects which a scheme has been framed or approved under section 20 of the Irish Land Act, 1903 , or section 18 of the Irish Land Act, 1909 , and | ||
(c) the instrument constituting the trust provides for any function to be fulfilled by the Land Commission, and | ||
(d) the Minister, having regard to the nature of the trust, is satisfied that the provisions of this section should come into operation in relation to the trust, | ||
the provisions specified in sub-section (2) of this section shall have effect notwithstanding anything contained in the instrument constituting the trust or in any other provision made by or under any Act. | ||
(2) The provisions referred to in sub-section (1) of this section are the following:— | ||
(a) the Land Commission may publish, by advertisement in the Iris Oifigiúil and in at least one issue of either a newspaper published and circulating in the county in which the land to which the trust relates is situate or, if there is no such newspaper, a daily newspaper published in the State and circulating in the said county, a notice stating— | ||
(i) that it is proposed to apply to the trust the provisions of section 30 of this Act, and | ||
(ii) that any person objecting to the proposal may furnish a statement of his objection to the Land Commission at any time before a specified date (not being earlier than one month after the completion of the publication of the notice), | ||
(b) every such objection duly made shall be considered and decided by the Lay Commissioners, but there shall be a right of appeal to the Appeal Tribunal and the decision of the Appeal Tribunal shall be final save that an appeal shall lie to the Supreme Court on questions of law, | ||
(c) if no such objection is made, or if every objection made is either withdrawn or, on the final determination thereof, is refused, the Minister may by order apply to the trust the provisions of section 30 of this Act with such (if any) modifications as he thinks proper, and for that purpose, the trust shall be deemed to be a scheme framed or approved under section 20 of the Irish Land Act, 1903 . |