LAND TRUST POWERS ACT, 1923

AN ACT TO ENABLE THE IRISH SAILORS AND SOLDIERS LAND TRUST TO EXERCISE CERTAIN POWERS IN SAORSTÁT EIREANN AND FOR OTHER PURPOSES IN CONNECTION WITH THE SAID TRUST. [16th July, 1923.]

WHEREAS it is provided by Section 3 of an Act passed by the Parliament of the late United Kingdom of Great Britain and Ireland entitled the Irish Free State (Consequential Provisions) Act, 1922, that a body to be called the Irish Sailors and Soldiers Land Trust shall be established for the purposes set forth in the said section, but that the said section shall not come into operation until the British Treasury certify (amongst other things) that such legislation has been passed by the Oireachtas of Saorstát Eireann as is necessary to enable the said Trust to acquire and to hold land, to vest in the Trust any land and other property which is under the said section to be transferred to the Trust, and otherwise to enable the Trust to carry out the purposes of the said section:

BE IT THEREFORE ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

1 Provisions as to powers for the execution of the purposes of the Trust in Saorstát Eireann.

1.—(1) The Irish Sailors and Soldiers Land Trust (in this Act referred to as the “Trust”) shall have power to acquire and hold land in Saorstát Eireann and such other powers as may be necessary to enable the Trust to carry out in Saorstát Eireann the purposes of Section Three of the Irish Free State (Consequential Provisions) Act, 1922:

Provided that nothing in the foregoing provision shall be taken as empowering the Trust to acquire land compulsorily in Saorstát Eireann.

• (2) The Minister for Local Government may, if he thinks fit, at the request of the Trust acquire land otherwise than by agreement for transfer to the Trust, and shall, for the purpose of such acquisition, have all the powers which were conferred upon the Local Government Board for Ireland by virtue of Section Four of the Irish Land (Provision for Sailors and Soldiers) Act, 1919, including power to carry out and complete any scheme made by the said Board before the sixth day of December, nineteen hundred and twenty-two, so far as respects the compulsory acquisition of land thereunder, in like manner as if the proceedings taken by that Board before that date had been taken by the Minister for Local Government in the exercise of the powers conferred upon the Minister by this Act.

• (3) Any land, property or rights acquired by the Local Government Board for Ireland under Section Four of the Irish Land (Provision for Sailors and Soldiers) Act, 1919, or by the Minister for Local Government under the powers conferred on him by this section, shall be transferred to and vest in the Trust on such respective dates as may be specified in Orders made by the said Minister without the necessity of any transfer, assignment or other instrument, but subject to any liabilities mentioned in the respective Orders.

• (4) If arrangements are made by the Trust with any Department of the Government of Saorstát Eireann for the exercise and performance on behalf of the Trust of any powers or duties of the Trust by that Department or officers thereof, such Department or officers shall have and may exercise to such extent and on such terms and conditions as may be agreed, the powers conferred upon the Trust as respects Saorstát Eireann by this Act and the said Section Three of the Irish Free State (Consequential Provisions) Act, 1922.

• (5) Paragraph (d) of sub-section (4) and sub-sections (7) and (8) of Section Four of the Irish Land (Provision for Sailors and Soldiers) Act, 1919, shall not apply to the powers conferred on the Minister for Local Government by this section, and the power of making Orders adapting enactments conferred on the Local Government Board for Ireland by sub-section (6) of the said section may be exercised by means of Orders made by the Minister for Local Government and the Trust jointly.

2 Short Title.

2.—This Act may be cited as the Land Trust Powers Act, 1923.