State Property Act 1954

Gifts to a State authority, the State, the Nation or the People.

19

19.(1) For the purposes of this section—

(a) property” includes both real and personal property,

(b) references to a gift of property shall be construed as references to a gift of that property by testamentary disposition, deed or otherwise,

(c) references to dealing with property include references to the disposing thereof.

(2) Where a gift of property is made to a State authority—

(a) that State authority may, with the concurrence of the Minister, accept or refuse to accept the gift,

(b) if that State authority accepts the gift, the property shall thereupon vest in that State authority.

(3) Where a gift of property is made to the State, the Nation or the People, or is made in terms indicating that the gift is for the benefit of the State, the Nation or the People,—

(a) the Government may accept or refuse to accept the gift,

(b) if the Government accept the gift, the property shall thereupon vest in such State authority as the Government shall by warrant determine.

(4) Where a gift of property (not being land) was made to the State, the Nation or the People before the operative date and the gift was accepted by or on behalf of the Government, the property shall, on the operative date, stand vested in the Minister.

(5) Where a property vests by virtue of subsection (2), (3) or (4) of this section in a State authority—

(a) the property, if land, shall become and be State land for the purposes of this Act and may, subject to subsection (6) of this section, be dealt with accordingly,

(b) the property, if not land, may, subject to subsection (6) of this section, be dealt with by that State authority in such manner as that State authority thinks proper.

(6) Where any property vests by virtue of subsection (2), (3), or (4) of this section in a State authority and the gift thereof was made subject to conditions, the property shall not be dealt with in a manner inconsistent with those conditions.

Annotations:

Modifications (not altering text):

C11

Application of subs. (2) restricted (1.11.1995, 1.01.1996) by Ethics in Public Office Act 1995 (22/1995), s. 15(6), S.I. No. 282 of 1995, Resolution of Dáil Éireann: Debates Volume 457, 26 October 1995, Ethics in Public Office Act, 1995: Motion, Resolution of Seanad Éireann: Debates Volume 145, 15 November 1995, Ethics in Public Office Act, 1995: Motion.

Gifts to office holders.

15. ...

(6) Section 19 (2) of the State Property Act, 1954, shall not apply to a gift to which this section applies but where land vests in the Minister by virtue of subsection (1), the land shall become and be State land for the purposes of that Act and may be dealt with accordingly.

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