Land And Conveyancing Law Reform Act 2009

SCHEDULE 1

Amendments

Section 8(1).

Enactment

Provision

Nature of amendment

(1)

(2)

(3)

Trustee Act 1893

Section 15

The substitution of sections 57 and 58 of the Land and Conveyancing Law Reform Act 2009” for “section two of the Vendor and Purchaser Act, 1874”.

Housing (Gaeltacht) Act 1929

Section 9

In subsection (2)

( a) the substitution of “legal mortgage under Part 10 of the Land and Conveyancing Law Reform Act 2009” for “mortgage made by deed within the meaning of the Conveyancing Acts, 1881 to 1911”,

( b) the substitution of “that Act” for “those Acts” in both places where it occurs.

Minerals Development Act 1940

Section 52

In subsections (1) and (2), the deletion of the words “as tenant for life or person having the powers of a tenant for life under a settlement or”.

Harbours Act 1946

Section 169

In subsection (5), the deletion of

( a) “or by reason of his being an infant”,

( b) “for his life, or”.

Statute of Limitations 1957

Section 2

In subsection (1), the substitution of “‘judgment mortgage’ means a mortgage registered by a judgment creditor under section 116 of the Land and Conveyancing Law Reform Act 2009;” for the definition of “judgment mortgage”.

Section 25

In subsection (4), the deletion of “any settled land, within the meaning of the Settled Land Acts, 1882 to 1890, or”.

Charities Act 1961

Section 34

In subsection (4), the deletion of “, or the redemption and reconveyance of land which is subject to the mortgage or charge”.

Section 37

In subsection (1)

( a) in paragraph ( h), the substitution of “land,” for “land.”,

( b) the insertion of the following paragraph after paragraph ( h):

“( i) the making of an application for a works order under section 45 of the Land and Conveyancing Law Reform Act 2009.”.

Courts (Supplemental Provisions) Act 1961

Third Schedule

In column (2) at reference number 19, the insertion of the following after paragraph (c):

“(d) applications under sections 94, 97 (except where the property concerned is subject to a housing loan mortgage), 100 (except where the property concerned is subject to a housing loan mortgage) and 117 of the Land and Conveyancing Law Reform Act 2009”.

In column (2) at reference number 22, the insertion of “and under section 55 of the Land and Conveyancing Law Reform Act 2009” after “Proceedings for specific performance of contracts”.

In column (2) at reference number 23, the substitution of “Proceedings under sections 31, 35, 50, 68, and 84 of the Land and Conveyancing Law Reform Act 2009” for “Proceedings for the partition or sale of land”.

In column (2) at reference number 26, the insertion of Parts 4 and 5 of the Land and Conveyancing Law Reform Act 2009 and” after “Proceedings under”.

Companies Act 1963

Section 231

In subsection (2)( a), the deletion of—

( a) “fee farm grant, sub fee farm grant,”,

( b) “any rent reserved on any such grant or”.

Registration of Title Act 1964

Section 24

In subsection (1), the substitution of “on and after” for “on or after”.

Section 37

In subsection (3), the deletion of “In either case,”.

Section 38

In subsection (1), the deletion of “full or limited”.

Section 39

The deletion of “full or limited”.

Section 44

In subsection (3), the deletion of “In either case,”.

Section 45

The deletion of “full or limited”.

Section 46

The deletion of “full or limited”.

Section 47

The deletion of “full or limited”.

Section 51

In subsection (1), the substitution of “A” for “Subject, in the case of a limited owner, to the Settled Land Acts, a”.

In subsection (2), the deletion of “or in such other form as may appear to the Authority to be sufficient to convey the land,”.

Section 60

In subsection (2), the deletion of

( a) “if he is full owner,” in each place where it occurs,

( b) “and if he is not full owner, of such persons as may be prescribed”, and

( c) “, and, if he is not full owner, to such persons as may be prescribed”.

Section 61

Section 62

Section 64

Section 100

Section 103

Section 123

In subsection (3)( a), the deletion of—

( a) “full or limited”,

( b) “, as the case may be”.

In subsection (4), the deletion of “full owner or limited”.

In subsection (2), the deletion of “(or an instrument in such other form as may appear to the Authority to be sufficient to charge the land, provided that such instrument shall expressly charge or reserve out of the land the payment of the money secured)”.

In subsection (6), the substitution of

( a) “legal mortgage under Part 10 of the Land and Conveyancing Law Reform Act 2009” for “mortgage by deed within the meaning of the Conveyancing Acts”,

( b) “under such a mortgage” for “under a mortgage by deed”.

In subsection (2), the deletion of “or in such other form as may appear to the Authority to be sufficient to transfer the charge,”.

In subsection (1), the substitution of “any” for “the person who ought to be registered under this Act, or as to any other”.

In subsection (2), the deletion of “(including a limited owner exercising powers under the Settled Land Acts or this Act)”.

In subsection (4), the deletion of “or, in the case of settled land, as assignees of the registered owner”.

In subsection (6), the substitution of “instruments” for “those”.

Succession Act 1965

Section 60

In subsection (1)

( a) in paragraph ( c), the substitution of “a sub-lease of the land” for “a sub fee farm grant of the land, or a sub-lease thereof”,

( b) in paragraph ( c), the deletion of “sub fee farm grant or”,

( c) the deletion of “grant or”,

( d) the deletion of “any rent reserved on such grant or”.

Housing Act 1966

Section 71

In subsection (4)

( a) the substitution of “legal mortgage under Part 10 of the Land and Conveyancing Law Reform Act 2009” for “mortgage made by deed within the meaning of the Conveyancing Acts, 1881 to 1911”,

( b) the substitution of “that Act” for “those Acts” in both places where it occurs.

Charities Act 1973

Section 4

In subsection (3), the deletion of “or the redemption and reconveyance of land which is subject to the mortgage or charge”.

Bankruptcy Act 1988

Section 50

In subsection (1), the deletion of “or a leasehold interest in land”.

Section 51

The substitution of the following for subsection (1):

“(1) A judgment creditor who registers a judgment mortgage under section 116 of the Land and Conveyancing Law Reform Act 2009 shall not, by reason of such registration, be entitled to any priority or preference over simple contract creditors in the event of the person against whom such judgment mortgage is registered being adjudicated bankrupt, unless the judgment mortgage is registered at least three months before the date of the adjudication.”.

Section 61

In subsection (3)( a)—

( a) the deletion of “fee farm grant, sub fee farm grant,”,

( b) the deletion of “any rent reserved on any such grant or”.

Section 87

In subsection (4), the substitution of “a judgment mortgage under section 116 of the Land and Conveyancing Law Reform Act 2009” for “an affidavit of a judgment mortgage under the Judgment Mortgage (Ireland) Act 1850”.

In subsection (5), the substitution of “judgment mortgage” for “affidavit”.

Trustee Savings Bank Act 1989

Section 23

The substitution of the following for subsection (5):

“(5) Where a Trustee Savings Bank is a creditor under a judgment within the meaning of section 115 of the Land and Conveyancing Law Reform Act 2009, a judgment mortgage may be registered under section 116 of that Act by the secretary or other officer or the law agent of the bank duly authorised in that behalf by the bank.”.

Housing (Miscellaneous Provisions) Act 1992

Section 5

In subsection (6)

( a) the substitution of “legal mortgage under Part 10 of the Land and Conveyancing Law Reform Act 2009” for “mortgage by deed within the meaning of the Conveyancing Acts, 1881 to 1911”,

( b) the substitution of “that Act” for “those Acts” in both places where it occurs.

Family Law Act 1995

Section 10

In subsection (1)( e), the substitution of “under section 31 of the Land and Conveyancing Law Reform Act 2009” for “for the partition of property or under the Partition Act, 1868, and the Partition Act, 1876”.

Powers of Attorney Act 1996

Section 16

In subsection (2), the deletion of “or as a tenant for life within the meaning of the Settled Land Act, 1882, or as a trustee or other person exercising the power of a tenant for life under section 60 of that Act”.

Family Law (Divorce) Act 1996

Section 15

In subsection (1)( e), the substitution of “under section 31 of the Land and Conveyancing Law Reform Act 2009” for “for the partition of property or under the Partition Act, 1868, and the Partition Act, 1876”.

Taxes Consolidation Act 1997

Section 574

In subsection (3), the deletion of “(and in particular where settled land within the meaning of the Settled Land Act, 1882, is vested in the tenant for life and investments representing capital money are vested in the trustees of the settlement)”.

Section 964

In subsection (1), the substitution of the following for paragraph ( c):

“( c) Any judgment mortgage to be registered by a Collector-General under section 116 of the Land and Conveyancing Law Reform Act 2009 may be registered by a successor.”.

Stamp Duties Consolidation Act 1999

Section 1

In subsection (1), in the definition of “conveyance on sale”, the deletion of “(including a decree or order for, or having the effect of, an order for foreclosure)”.

Planning and Development Act 2000

Section 99

In subsection (3A)( c), the substitution of “legal mortgage under Part 10 of the Land and Conveyancing Law Reform Act 2009” for “mortgage made by deed within the meaning of the Conveyancing Acts 1881 to 1911”.

Housing (Miscellaneous Provisions) Act 2002

Section 9

In subsection (3A)( c), the substitution of “legal mortgage under Part 10 of the Land and Conveyancing Law Reform Act 2009” for “mortgage made by deed within the meaning of the Conveyancing Acts 1881 to 1911”.

Capital Acquisitions Tax Consolidation Act 2003

Section 2

In subsection (1), in the definition of “general power of appointment”, the deletion of “or exercisable by a tenant for life under the Settled Land Act 1882,”.

Registration of Deeds and Title Act 2006

Section 11

Section 12

Section 32

Section 55

In subsection (6), the insertion of “and are eligible for reappointment”after “appointment”.

In subsection (3), the deletion of “for one further term”.

In subsection (1), the substitution of

( a) “( g) an application to register a judgment mortgage under section 116 of the Land and Conveyancing Law Reform Act 2009;” for paragraph ( g) of the definition of “deed”,

( b) “‘land’ has the meaning given to it by section 3 of the Land and Conveyancing Law Reform Act 2009;” for the definition of “land”.

The insertion of “of the Act of 1964” after “registration)”.

Annotations:

Modifications (not altering text):

C9

Provisions amended under s. 8(1) and sch. 1 deemed to continue to apply to mortgages created prior to 1 December 2009 (24.07.2013) by Land and Conveyancing Law Reform Act 2013 (30/2013), s. 1, commenced on enactment.

Application of certain statutory provisions

1. (1) This section applies to a mortgage created prior to 1 December 2009.

(2) As respects a mortgage to which this section applies, the statutory provisions apply and may be invoked or exercised by any person as if those provisions had not been repealed by section 8(3) and Schedule 2 of the Act of 2009.

(3) As respects a mortgage to which this section applies the amended provisions apply and may be invoked or exercised by any person as if those provisions had not been amended by section 8(1) and Schedule 1 of the Act of 2009.

(4) Subsections (1) to (3) are without prejudice to any right or entitlement which a person may otherwise have to rely on the statutory provisions or the amended provisions.

(5) This section does not apply to proceedings initiated before the coming into operation of this section.

(6) In this section—

“Act of 1964” means the Registration of Title Act 1964;

“Act of 2009” means the Land and Conveyancing Law Reform Act 2009;

“amended provisions” means section 62(2) and (6) of the Act of 1964;

“mortgage” has the same meaning as it has in the Conveyancing Act 1881;

“statutory provisions” means sections 2 and 18 to 24 of the Conveyancing Act 1881, sections 3, 4 and 5 of the Conveyancing Act 1911 and section 62(3), (7) and (8) of the Act of 1964.