S.I. No. 187/1950:

IRISH LAND COMMISSION. RULES UNDER SECTION 7 (2) OF THE LAND RECLAMATION ACT, 1949. THE 18TH DAY OF JULY, 1950

IRISH LAND COMMISSION. RULES UNDER SECTION 7 (2) OF THE LAND RECLAMATION ACT, 1949. THE 18TH DAY OF JULY, 1950

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 .

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

(1) These Rules may be cited as the Land Reclamation Act Rules of 1950.

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

(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) Notification by the Minister to the Land Commission under Section 2 (3) of the Act shall be in Form 1 or such adaptation thereof by the Land Commission as may be found to be necessary.

(5) The occupier's contribution shall be charged by means of a charging order sealed with the seal of the Land Commission and signed by a Commissioner of the Land Commission charging every interest in the land as provided by Section 3 (2) of the Act.

(6) (i) Where land charged with a reclamation annuity is not subject to a purchase annuity the reclamation annuity shall be payable in equal half-yearly instalments on the first day of May and the first day of November in each year. The first half-yearly instalment shall be payable, save as provided in paragraph (iv) of this Rule, on whichever of these gale days next follows the date upon which the Minister certifies that the works on the land have been completed.

(ii) Where land so charged is or becomes subject to a purchase annuity, the annuities shall be payable as a consolidated annuity in equal half-yearly instalments in each year. The first half-yearly instalment of consolidated annuity shall be payable, save as provided in paragraph (iv) of this Rule, on the gale day on which a half-yearly instalment of the purchase annuity is payable next following the date upon which the Minister certifies that the works have been completed.

(iii) Where, however, land so charged becomes subject to a purchase annuity payable on gale days other than the first day of May and the first day of November, payment shall be made by the occupier of the land in respect of the proportion (calculated on a day to day basis) of the reclamation annuity accruing due on the gale day upon which the consolidated annuity becomes payable.

(iv) Where default occurs under Section 2 (4) of the Act and a gale day as prescribed by paragraphs (i) and (ii) of this Rule, whichever applies, intervenes between the date on which the Minister certifies that the works have been completed and the expiry of the three months period mentioned at Section 2 (4) (b) of the Act then the first half-yearly instalment of reclamation annuity or of consolidated annuity, as the case may be, shall be payable on the gale day next succeeding such intervening gale day, together with a payment in respect of the amount (calculated on a day to day basis) of the reclamation annuity accruing between the date of the Minister's certificate and such intervening gale day.

(7) (i) Where a purchase annuity and a reclamation annuity stand consolidated in accordance with Section 3 (4) of the Act the annuity so formed, in this Rule referred to as the consolidated annuity, shall remain payable until the advance or sum in respect of which the purchase annuity was set up is paid off, or the contribution to which the reclamation annuity is attributable is paid off, whichever event first occurs, and the period terminated by either of these events shall be the prescribed period for the purposes of the said Section 3 (4) of the said Act,

and thereupon the said reclamation annuity, if the advance or sum has been paid off, or the purchase annuity, if the contribution has been paid off, shall be and become payable alone, subject to the Rules and Regulations applicable to reclamation annuities or purchase annuities as the case may be, unless the occupier at the request of the Land Commission elects to continue paying a gross annuity equal to the consolidated annuity, in which case such gross annuity shall become and be payble.

(ii) In this Rule " advance" includes " advances " where the purchase annuity is itself a consolidated land purchase annuity.

FORM I

LAND RECLAMATION ACT, 1949

Section 2, Subsection 3.

NOTIFICATION TO THE LAND COMMISSION

The occupier of the lands described in the Schedule hereto has accepted the proposal of the Minister for Agriculture under the Land Reclamation Act, 1949 , for carrying out works on the said lands and has undertaken to pay his contribution towards the cost of the said works--

Strike out whichever is inapplicable

in cash.

by way of annuity.

Occupier's name in full............................................................ ............................................................ ........................

Address ............................................................ ............................................................ ................................................

............................................................ ............................................................ .................................................

Amount of contribution............................................................ ............................................................ ......................

Reclamation annuity (if any)............................................................ ............................................................ ..............

SCHEDULE

County ___________________________ Rural District __________________