S.I. No. 115/1999 - Acquisition of Land (Assessment of Compensation) Fees Rules, 1999.


I, CHARLIE McCREEVY, Minister for Finance, in exercise of the powers conferred on me by subsection (6) of section 3 of the Acquisition of Land (Assessment of Compensation) Act, 1919, hereby make the following rules:

1.  (1)  These Rules may be cited as the Acquisition of Land (Assessment of Compensation) Fees Rules, 1999.

(2)  In these Rules, “the Act” means the Acquisition of Land (Assessment of Compensation) Act, 1919.

2.  These Rules shall come into operation on the 1st day of May 1999.

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

4.  The fees to be charged in respect of an application for the nomination of a property arbitrator in accordance with rules made by the Reference Committee under the Act shall be £25.

5.  The fees to be charged in respect of an award by a property arbitrator under the Act of a class mentioned in column (1) of Table A of the Schedule hereto shall be the amount in column (2) of that table opposite the mention of such class.

6.  (1)  Where the hearing before a property arbitrator in respect of any claim or matter referred to him or her occupies more than one day the fee to be charged in respect of each day or part of a day after the first day shall be the amount specified in column (2) of Table B of the Schedule hereto opposite the class mentioned in column (1) of such table.

(2)  For the purposes of paragraph (1), any time spent by a property arbitrator in viewing any land which is the subject matter of, or relevant to, proceedings before him or her shall be treated as part of the hearing.

7.  The fee to be charged in respect of an award by a property arbitrator under the Act in terms of rent or other annual payment shall be the amount specified in column (2) of Table C of the schedule hereto opposite the class mentioned in column (1) of that table.

8.  The Acquisition of Land (Assessment of Compensation) Fees Rules, 1920 (S.R. emp; O., No. 285 of 1920), the Acquisition of Land (Assessment of Compensation) Fees (No. 2) Rules, 1920 (S.R. amp; O., No. 690 of 1920), and the Acquisition of Land (Assessment of Compensation) Fees Rules, 1962 ( S.I. No. 49 of 1962 ), are hereby revoked.

SCHEDULE

Table A

Rule 5

Scale of Fees on Awards

Amount Awarded

Amount of Fee

(1)

(2)

Up to and including £10,000

£250

Exceeding £10,000 but not exceeding £100,000

£500

Exceeding £100,000

£1,500

Table B

Rule 6

Scale of Fees on Awards

Amount Awarded

Amount of Fee

(1)

(2)

Up to and including £10,000

£150

Exceeding £10,000 but not exceeding £100,000

£250

Exceeding £100,000

£750

Table C

Rule 7

Scale of Fees on Awards in terms of rent or other annual payment

Amount Awarded

Amount of Fee

(1)

(2)

First day

£250

Subsequent day or part of day

£150

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GIVEN under my Official Seal, this 14th day of April, 1999.

CHARLIE McCREEVY,

Minister for Finance.