Registration of Title Act 1964

Power to make rules and orders.

126

126. F164 [ (1) The Registration of Deeds and Title Rules Committee established by section 74 of the Registration of Deeds and Title Act 2006, with the agreement of the Minister for Justice, Equality and Law Reform, may make general rules for carrying into effect the objects of this Act and, in particular, without prejudice to the generality of the foregoing, in respect of all or any of the following matters:  

( a ) the form and content and the indexing of registers and registry maps;

( b ) the authentication of documents relating to title;

( c ) the procedures to be observed, precautions to be taken, notices to be given and evidence to be adduced in proceedings in connection with registration;

( d ) the circumstances under which and the persons to whom reference is to be made in respect of the examination of any title to land for which an application for registration is made;

( e ) the form and manner in which entries in registers are to be made, modified or cancelled;

( f ) the order in which entries relating to land are to be made;

( g ) the correction of errors in registers or maps or in any record connected with registration;

( h ) the form and content of any document required or authorised to be used or given under or for the purposes of this Act;

( i ) the conditions under which a new land certificate or certificate of charge may be issued in place of a lost, defaced or destroyed certificate;

( j ) the inspection of and making of copies or reproductions of, or extracts from, any records in the custody of the Land Registry;

( k ) the custody and preservation of records in the Land Registry;

( l ) the taxation of costs of any proceedings in connection with registration and the persons by and to whom costs are to be taxed and paid;

( m ) the entering into security for the costs of appeal under this Act;

( n ) any other matter referred to in this Act as prescribed.

(2) The Committee, in determining for the purposes of this Act

( a ) whether the duration of a lease or of the unexpired portion of a lease, as specified in the Act, should be altered, and

( b ) if so, the extent of the alteration to be prescribed by it,

shall have regard to the Authority s function to promote and extend registration of ownership of land and to the resources available to the Authority for performing that function. ]

(3) Provision shall be made by general rules for the registration, without cost to the parties interested, of all titles recorded under the Record of Title (Ireland) Act, 1865, and care shall be taken in such rules to protect any rights acquired in pursuance of such recording. Until registration, that Act shall apply thereto as if this Act had not been passed.

(4) F165 [ ]

Annotations:

Amendments:

F164

Substituted (4.11.2006) by Registration of Deeds and Title Act 2006 (12/2006), s. 72, S.I. No. 511 of 2006.

F165

Deleted (4.11.2006) by Registration of Deeds and Title Act 2006 (12/2006), s. 72, S.I. No. 511 of 2006.

Modifications (not altering text):

C38

Functions transferred and references to “Department of Justice and Equality” and “Minister for Justice and Equality” construed (1.01.2018) by Property Registration Authority (Transfer of Departmental Administration and Ministerial Functions) Order 2017 (S.I. No. 574 of 2017), arts. 2 and 3, in effect as per art. 1(2), subject to transitional provisions in arts. 4-8. Note change of Title of Minister and name of Department from Justice, Equality and Law Reform to Justice and Law Reform (2.06.2010) by Justice, Equality and Law Reform (Alteration of Name of Department and Title of Minister) Order 2010 (S.I. No. 216 of 2010), in effect as per art. 1(2).

2. (1) The administration and business in connection with the exercise, performance or execution of the functions transferred by Article 3 are transferred to the Department of Housing, Planning and Local Government.

(2) References to the Department of Justice and Equality contained in any Act or any instrument made thereunder and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Housing, Planning and Local Government.

3. (1) The functions vested in the Minister for Justice and Equality by or under–

( a) the Registration of Titles Act 1964 (No. 16 of 1964),

...

are transferred to the Minister for Housing, Planning and Local Government.

(2) References to the Minister for Justice and Equality contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Housing, Planning and Local Government.

Editorial Notes:

E35

Power pursuant to section exercised (1.11.2013) by Land Registration Rules 2013 (S.I. No. 389 of 2013), in effect as per rule 1(4).

E36

Power pursuant to section exercised (1.02.2013) by Land Registration Rules 2012 (S.I. No. 483 of 2012), in effect as per rule 1.

E37

Provision made for establishment of Registration of Deeds and Title Rules Committee to perform functions under section (4.11.2006) by Registration of Deeds and Title Act 2006 (12/2006), s. 74(1), S.I. No. 511 of 2006.

E38

Power pursuant to section exercised (31.12.1973) by Land Registry and Registry of Deeds (Hours of Business) (Amendment) Order 1973 (S.I. No. 358 of 1973).

E39

Power pursuant to section exercised (10.04.1967) by Land Registry and Registry of Deeds (Hours of Business) (Amendment) Order 1967 (S.I. No. 75 of 1967).

E40

Power pursuant to section exercised (6.07.1964) by Land Registry and Registry of Deeds (Hours of Business) Order 1964 (S.I. No. 164 of 1964).

E41

Previous affecting provision: power pursuant to section exercised (1.12.2009 and 1.01.2010) by Land Registration (No.2) Rules 2009 (S.I. No. 456 of 2009); rescinded (1.02.2013) by Land Registration Rules 2012 (S.I. No. 483 of 2012).

E42

Previous affecting provision: power pursuant to section exercised (2.11.2011 and 1.03.2012) by Land Registration Rules 2011 (S.I. No. 559 of 2011); rescinded (1. 02.2013) by Land Registration Rules 2012 (S.I. No. 483 of 2012).

E43

Previous affecting provision: power pursuant to section exercised (1.11.2009) by Land Registration Rules 2009 (S.I. No. 349 of 2009); rescinded (1. 02.2013) by Land Registration Rules 2012 (S.I. No. 483 of 2012).

E44

Previous affecting provision: power pursuant to section exercised (1.09.2008) by Land Registration Rules 2008 (S.I. No. 326 of 2008); rescinded (1. 02.2013) by Land Registration Rules 2012 (S.I. No. 483 of 2012).

E45

Previous affecting provision: power pursuant to section exercised (1.09.2007) by Land Registration Rules 2007 (S.I. No. 568 of 2007), rescinded (1. 02.2013) by Land Registration Rules 2012 (S.I. No. 483 of 2012).

E46

Previous affecting provision: power pursuant to section exercised (4.11.2006) by Land Registration Rules 2006 (S.I. No. 558 of 2006); rescinded (1. 02.2013) by Land Registration Rules 2012 (S.I. No. 483 of 2012).

E47

Previous affecting provision: power pursuant to section exercised (1.01.2006) by Land Registration Rules 2005 (S.I. No. 643 of 2005); rescinded (1. 02.2013) by Land Registration Rules 2012 (S.I. No. 483 of 2012).

E48

Previous affecting provision: power pursuant to section exercised (1.08.2000) by Land Registration Rules 2000 (S.I. No. 175 of 2000); rescinded (1. 02.2013) by Land Registration Rules 2012 (S.I. No. 483 of 2012).

E49

Previous affecting provision: power pursuant to section exercised (1.10.1986) by Land Registration Rules 1986 (S.I. No. 310 of 1986); rescinded (1. 02.2013) by Land Registration Rules 2012 (S.I. No. 483 of 2012).

E50

Previous affecting provision: power pursuant to section exercised (4.08.1981) by Land Registration Rules 1981 (S.I. No. 258 of 1981); rescinded (1. 02.2013) by Land Registration Rules 2012 (S.I. No. 483 of 2012).

E51

Previous affecting provision: power pursuant to section exercised (1.04.1977) by Land Registration Rules 1977 (S.I. No. 89 of 1977); rescinded (4.08.1981) by Land Registration Rules 1981 (S.I. No. 258 of 1981), rule 1(2).

E52

Previous affecting provision: power pursuant to section exercised (1.11.1975) by Land Registration Rules 1975 (S.I. No. 246 of 1975); rescinded (1.04.1977) by Land Registration Rules 1977 (S.I. No. 89 of 1977), rule 1(2).

E53

Previous affecting provision: power pursuant to section exercised (2.10.1972) by Land Registration Rules 1972 (S.I. No. 230 of 1972); rescinded (1. 02.2013) by Land Registration Rules 2012 (S.I. No. 483 of 2012).

E54

Previous affecting provision: power pursuant to section exercised (15.02.1971) by Land Registration (Solicitors’ Costs) Rules 1970 (S.I. No. 28 of 1971); rescinded (2.10.1972) by Land Registration Rules 1972 (S.I. No. 230 of 1972), rule 1(2).

E55

Previous affecting provision: power pursuant to section exercised (1.01.1967) by Land Registration Rules 1966 (S.I. No. 266 of 1966); rescinded in part (15.02.1971) by Land Registration (Solicitors’ Costs) Rules 1970 (S.I. No. 28 of 1971), rule 5 and (2.10.1972) by Land Registration Rules 1972 (S.I. No. 230 of 1972), rule 1(2).