S.I. No. 308/1951 - Irish Land Commission. Rules Under Section 7 (2) of the Land Reclamation Act, 1949. The 29Th Day of October, 1951.


S.I. No. 308 of 1951.

IRISH LAND COMMISSION. RULES UNDER SECTION 7 (2) OF THE LAND RECLAMATION ACT, 1949. THE 29TH DAY OF OCTOBER, 1951.

It is this day ordered by the Minister for Lands in pursuance of the powers conferred on him by Section 7 (2) of the Land Reclamation Act, 1949 , and of every other power him enabling in this behalf, with the concurrence of a majority of the Committee constituted pursuant to the provisions of Section 3 (1) of the Land Act, 1933 , and after consultation with the President of the Incorporated Law Society of Ireland, that the following Rules shall from and after this date and until further order, take effect and be in force in relation to proceedings under the Land Reclamation Act, 1949 , and that all existing Rules referable to such Act, in so far as they are inconsistent with these Rules, but no further, are hereby amended or revoked.

T. Ó DEIRG,

Minister for Lands.

We hereby concur in the making of the following Rules :—

{

MARTIN C. MAUIRE.

Members of the Committee

KEVIN R. O'SHIEL.

W. F. NALLY.

1 Short title.

(1) These Rules may be cited as the Land Reclamation Act Rules of 1951.

2 Definition.

(2) In these Rules " The Act " means the Land Reclamation Act, 1949 (No. 25 of 1949).

3 Interpretation.

(3) The Interpretation Act, 1937 (No. 38 of 1937) applies to the interpretation of these Rules in like manner as it applies to the interpretation of an Act of the Oireachtas.

4 Saving of existing Rules.

(4) All Rules heretofore made under the Act shall continue in force save in so far as they are revoked by, or are inconsistent with, these Rules.

5 Amendment of Rule (7) of Land Reclamation Act Rules, 1950.

(5) Rule (7) (i) and (ii) of the Land Reclamation Act Rules of 1950 ( S.I. No. 187 of 1950 ) is hereby rescinded and the following Rule substituted therefor that is to say :—

" (7) The prescribed period for the two annuities referred to in Section 3 (4) of the Act shall (as the case may be) be deemed to have begun or begin when the lands became or shall become subject to the said annuities and shall end when either of the said annuities, if they did not form a consolidated annuity, would cease to be payable, except as follows:—

(a) Where one of the said annuities is a reclamation annuity referable to works consisting only, and not in conjunction with other works, of the application of fertiliser to land the prescribed period shall begin when the lands become subject to such a reclamation annuity, and shall end when the consolidated annuity thereby formed would cease to be payable if it was a consolidated annuity under Section 66 of the Land Act, 1923 (No. 42 of 1923) ;

(b) While the lands are subject to a consolidated annuity comprising (inter alia) a reclamation annuity so referable as aforesaid and any other reclamation annuity the prescribed period shall begin when the lands shall lastly become subject to any reclamation annuity and shall end when either the other reclamation annuity shall cease to be payable or the balance of such last-mentioned consolidated annuity shall cease to be payable within the meaning of sub-paragraph (a) of this Rule.".