Local Government (Planning and Development) Act, 1999

Form and effect of vesting order

26.—(1) A vesting order by which a planning authority acquires a protected structure under this Act shall be in the prescribed form and shall have attached to it a map showing the location of the protected structure.

(2) A vesting order shall be expressed and shall operate to vest the protected structure to which it relates in the planning authority in fee simple free from encumbrances and all estates, rights, titles and interests of whatsoever kind on a specified date (in this Act referred to as the vesting date) not earlier than 21 days after the making of the order.

(3) Notwithstanding subsection (2), where a planning authority has acquired by a vesting order a protected structure which is subject, either alone or in conjunction with other land, to an annual sum payable to the Minister for Agriculture and Food or the Commissioners of Public Works in Ireland, the planning authority shall become and be liable, as from the vesting date, for the payment to that Minister or those Commissiners, as the case may be, of—

(a) that annual sum, or

(b) such portion of it as shall be apportioned by the Minister or Commissioners, as the case may be,

as if the protected structure had been transferred to the authority by the owner on that date.

(4) For the purposes of subsection (3), an “annual sum” means a purchase annuity, a payment in lieu of rent, or any other annual sum which is not merely a rent under a contract of tenancy.