LAND ACT, 1965

Type Act

Publication 1965-03-09

Last updated 2014-01-27

State Partially repealed superseded text

Text As published

Source Irish Statute Book

articles 48

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

16 amending acts · 2014-01-27, Local Government Reform Act 2014

Reform history JSON API

(7) Where an offence under this section is committed by a body corporate and is proved to have been committed with the authority, consent or approval of, or to have been facilitated by any neglect on the part of, any director, manager, secretary, or other officer of the body corporate, he shall also be deemed to have committed the offence and shall be liable to be proceeded against and punished accordingly.

(8)
(a) In a prosecution for an offence under this section relating to a certificate under subsection (3) of this section, it shall be presumed, until the contrary is shown by the defendant—

(i) if the certificate is pursuant to subparagraph, (i) of paragraph (a) of that subsection and the statement is with respect to the giving of an appropriate consent—that, such a consent was not given,

(ii) if the certificate is pursuant to subparagraph (ii) of that paragraph—that the person who became entitled to the entire beneficial interest in the interest (or, where more than one person became entitled to a beneficial interest therein, each of them) was not a qualified person by reference to the category specified for him,

(iii) if the certificate is pursuant to subparagraph (iii) of that paragraph—that the instrument was not consequent upon a contract entered into before the passing of this Act, and

(iv) if the certificate is pursuant to subparagraph (iv) of that paragraph—that the case was not within subparagraph (iii) of paragraph (b) of subsection (2) of this section.

(b) In a prosecution for an offence under this section relating to a disclosure required by subsection (5) of this section, it shall be presumed, until the contrary is shown by the defendant, that the transferee was not a qualified person.

(c) In a prosecution for an offence under this section relating to a requisition under subsection (4) of this section, evidence that the Land Commission were of the opinion specified in that subsection may be given by production of a certificate under the seal of the Land Commission certifying that they were of that opinion.

(9)
(a) A consent by the Land Commission for the purposes of this section may be given retrospectively and, if so given, shall have effect accordingly.

(b) Evidence of a consent of the Land Commission for the purposes of this section may be given in any legal proceedings by production of a certificate under the seal of the Land Commission certifying that they have given such consent.

(c) Where a consent is given by virtue of paragraph (a) of this subsection after the execution of the relevant instrument, the apropriate certificate under paragraph (a) of subsection (3) of this section shall be deemed to be contained in the instrument.

(10) Every stipulation in a contract whereby it is sought to preclude the making of requisitions in relation to a consent by the Land Commission for the purposes of this section shall be null and void.

(11) Notwithstanding subsection (4) of section 10 of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under this section may be instituted within three years from the date of the offence.

(12) The provisions of this section providing for restriction on vesting of interests in land to which this section applies shall be deemed to be included in the restrictive provisions to which subsection (1) of section 38 of the Registration of Title Act, 1891, and subsection (1) of section 59 of the Registration of Title Act, 1964, apply.

(13) Every regulation made under paragraph (x) of the definition of “qualified person” contained in subsection (1) of this section shall be laid before each House of the Oireachtas as soon as may be after it is made.

46 Amendment of section 17 of Land Act, 1953.

46.—Section 17 of the Land Act, 1953, is hereby amended by the insertion, after “registered owners” in subsection (2), of “or have become entitled to be registered as owners”.

47 Repeals.

47.—The enactments mentioned in the First Schedule are hereby repealed to the extent specified in the third column.

48 Short title, construction and citation.

48.—(1) This Act may be cited as the Land Act, 1965.

(2) This Act shall be construed as one with the Land Purchase Acts and may be cited with those Acts.

FIRST SCHEDULE.


Session and Chapter or Number and Year	Short Title	Extent of Repeal
33 & 34 Vict. c.46.	The Landlord and Tenant (Ireland) Act, 1870.	Section 44, from “No purchaser,” to the end of the section.
44 & 45 Vict. c.49.	Land Law (Ireland) Act, 1881.	Section 30.
3 Edw. 7. c.37.	Irish Land Act, 1903.	Section 54.
9 Edw. 7. c.42.	Irish Land Act, 1909.	Section 32.
9 & 10 Geo. 5. c. 82.	Irish Land (Provision for Sailors and Soldiers) Act, 1919.	Paragraph (a) of subsection (1) of section 2.
No. 42 of 1923.	Land Act, 1923.	Paragraph (c) of subsection (6) of section 46; subsection (7) of section 46; subsections (1) and (2) of section 65.
No. 19 of 1927.	Land Act, 1927.	Subsections (1) and (3) of section 3; subsections (1) and (2) of section 4; section 5.
No. 41 of 1936.	Land Act, 1936.	Section 44.
No. 16 of 1950.	Land Act, 1950.	Paragraph (c) of subsection (1) of section 27.
No. 18 of 1953.	Land Act, 1953.	Subsection (1) of section 15; subsection (3) of section 17.

SECOND SCHEDULE.

Donegal

Galway

Kerry

Leitrim

Mayo

Roscommon

Sligo

The portion of the County of Clare comprising the former rural districts of Ballyvaughan, Ennistymon, Kilrush, Scariff, Tulla and Killadysert.

The portion of West Cork comprising the former rural districts of Bantry, Castletown Schull and Skibbereen.

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