Electricity (Supply) Act 1927

Provisions as to certain lands acquired under the Shannon Electricity Act, 1925.

85

85.(1) Whenever the Minister in pursuance of the powers conferred on him by sub-section (2) of section 4 of the Shannon Electricity Act, 1925 (No. 26 of 1925) proposes to acquire permanently and enters upon any holding of tenanted lands to which the Land Act, 1923 (No. 42 of 1923) applies the Minister shall become liable to the Land Commission for the payment in lieu of rent payable in respect of such holding in like manner as if such holding had been assigned to the Minister by the tenant thereof on the day of the Minister's entry thereon.

(2) Whenever the Minister in pursuance of the powers aforesaid proposes to acquire permanently and enters upon part only of a holding of tenanted lands to which the Land Act, 1923 applies the rent, compounded arrears of rent, payment in lieu of rent, and the standard purchase annuity shall be apportioned in such manner as the Land Commission considers expedient, and the several parts of such holding shall be deemed to be separate holdings to which the Land Act, 1923 applies, and in the case of a judicial holding the several proportionate parts of the original judicial rent shall be deemed to be separate judicial rents, and the Minister shall become liable to the Land Commission for so much of the payment in lieu of rent payable in respect of the entire holding as has been apportioned in respect of the part thereof taken by him in like manner as if such part had been assigned to the Minister by the tenant thereof on the day of the Minister's entry thereon.

(3) Whenever the Minister in pursuance of the powers aforesaid proposes to acquire permanently and enters upon any lands which are subject, either alone or in conjunction with other lands, to any annuity payable to the Land Commission he shall become liable for the payment of the annuity or such part thereof as shall be apportioned by the Land Commission in respect of the lands taken by him in like manner as if such lands had been transferred to the Minister by the proprietor thereof on the day of the Minister's entry thereon.

(4) The Minister, if he thinks fit so to do, may purchase from the Land Commission any lands the subject of a holding or part of a holding—

(a) to which the Land Act, 1923 applies, and

(b) the tenant's interest in which has been or is acquired by the Minister whether before or after the passing of this Act in pursuance of the powers in that behalf conferred on him by the Shannon Electricity Act, 1925,

in like manner in all respects as if the Minister were the tenant thereof.

(5) For the purposes of any such purchase as aforesaid the following provisions shall, notwithstanding anything contained in the Shannon Electricity Act, 1925 (No. 26 of 1925), have effect, that is to say:—

(a) the relations existing between the Land Commission and the owner of the lowest interest in such lands constituting an interest saleable under the Land Purchase Acts shall continue,

(b) such lands shall vest in the Land Commission on the appointed day,

(c) the rights of the owner of such lands in respect of the sum equivalent to the amount to be collected as payment in lieu of rent and in respect of the purchase money shall continue.