Northern Ireland Land Act 1925

Part II U.K. Automatic Sale of Tenanted Land

8—11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 U.K.

Textual Amendments

F1 Ss. 3(1)–(3), 4, 8–11, 12(2)(3), 13, 14, 17–19, 21, 23(3), 24, 25, 28 repealed by Statute Law Revision Act 1950 (c. 6), Sch. 1

12 Provisions as to resale of holdings vested in the Commission. U.K.

(1) The Commission shall take steps to secure that every holding vested in them by virtue of this Part of this Act shall be vested in the tenant thereof as soon as possible after the appointed day, and for that purpose the tenant of each such holding shall be deemed on the appointed day to have entered into a new purchase agreement for the purchase of the holding from the Commission at the standard price, and the interest on the purchase money payable under section thirty-five of the M1 Land Law (Ireland) Act 1896, shall be at the rate of four and three-quarters per cent. per annum, and shall be payable as from the gale day last preceding the appointed day on such date or dates as may be prescribed by rules under Part I of this Act. Provision shall be made out of such interest payments towards the sinking fund in respect of the advance to the tenant.

(2)(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

Textual Amendments

F2 Ss. 3(1)–(3), 4, 8–11, 12(2)(3), 13, 14, 17–19, 21, 23(3), 24, 25, 28 repealed by Statute Law Revision Act 1950 (c. 6), Sch. 1

Marginal Citations

M1 1896 c. 47.

13, 14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3 U.K.

Textual Amendments

F3 Ss. 3(1)–(3), 4, 8–11, 12(2)(3), 13, 14, 17–19, 21, 23(3), 24, 25, 28 repealed by Statute Law Revision Act 1950 (c. 6), Sch. 1

15 Sporting rights. U.K.

(1) With respect to any land vested in the Commission by virtue of this Part of this Act or any untenanted land purchased under section forty-three or Part IV of the Act of 1909, the owner of the land may give notice within the prescribed time and in the prescribed manner that he desires that such rights as are hereinafter mentioned which he has exclusive of the tenant should be reserved to him, and where such a notice is given there shall be reserved to the owner of the land, as if an agreement to that effect had been entered into under section thirteen of the Act of 1903—

(a) in the case of tenanted land, any right of fishing or taking fish; and

(b) in the case of untenanted land, both those rights and all other sporting rights.

(2) Subject as aforesaid the said section thirteen shall apply with respect to sporting rights affecting any such land as aforesaid.

Modifications etc. (not altering text)

C1 S. 15: functions transferred (1.12.1999) from the Department of Agriculture to the Department of Culture, Arts and Leisure by S.R. 1999/481, art. 3, Sch. 1

C2 S. 15: transfer of functions (N.I.) (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 3 Pt. 2 (with art. 9(2))

16 Mineral rights. U.K.

(1) Any rights to or in relation to mines or minerals on or under a holding which on a sale by agreement under the Land Purchase Acts would be reserved to the Commission pursuant to section thirteen of the Act of 1903, shall, subject to section ninety-nine of the said Act, and save as hereinafter provided, vest in the Commission on the vesting of the holding in them by virtue of this Part of this Act, and shall be reserved to the Commission on the resale of the holding without the necessity of any express reservation.

(2) If, on an application made by the owner within the prescribed time and in the prescribed manner, the Commission is satisfied that any such rights possess a substantial value, whether actual or potential, and that although they are not being exercised at the time of the application there is a reasonable prospect of mines or minerals to which they relate being worked or developed within twenty years thereafter, they may make an order directing that all or any of the rights as therein specified shall to the extent therein mentioned be excepted on the vesting of the holding in the Commission and they shall be so excepted accordingly, and shall not be affected by such vesting. If the Commission refuse to make an order under this section an appeal shall lie to the Court of Appeal in Northern Ireland, whose decision shall be final.

(3) Subsection (4) of section thirteen of the Act of 1903 shall apply as respects any rights excepted under this section in like manner as it applies as respects rights reserved under that section.

17—19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4 U.K.

Textual Amendments

F4 Ss. 3(1)–(3), 4, 8–11, 12(2)(3), 13, 14, 17–19, 21, 23(3), 24, 25, 28 repealed by Statute Law Revision Act 1950 (c. 6), Sch. 1

20 Definition of tenanted land. U.K.

For the purposes of this Part of this Act the expression “tenanted land” means land held for a statutory term or under any contract of tenancy other than a fee farm grant, or lease for lives or years renewable for ever or lease for a term of years of which sixty or more are unexpired:

Provided that land which has become tenanted land as above defined by reason of a contract of tenancy entered into on or after the sixteenth day of December, nineteen hundred and twenty-four, shall be deemed not to be tenanted land for the purposes of this Part of this Act.

21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5 U.K.

Textual Amendments

F5 Ss. 3(1)–(3), 4, 8–11, 12(2)(3), 13, 14, 17–19, 21, 23(3), 24, 25, 28 repealed by Statute Law Revision Act 1950 (c. 6), Sch. 1

22 Adaptation of land purchase enactments and removal of difficulties. U.K.

(1) For the purpose of carrying this Part of this Act into effect the Secretary of State may by order make such adaptations as appear to him to be necessary or proper of any enactment relative to land purchase in force in Northern Ireland at the time of the passing of this Act, including such adaptations of enactments applicable to sales of estates as may be necessary to make the same applicable to sales of holdings.

(2) If any difficulty arises in determining the land which by virtue of this Part of this Act is vested in the Commission, or otherwise in carrying this part of this Act into effect, the Secretary of State may, by Order, authorise the Commission to take all such steps and do all such things as may appear to him necessary or expedient for carrying this part of this Act into full effect; and any such Order shall, subject to revocation or alteration by a subsequent Order, have effect as if enacted in this Act.