Planning and Development Act 2000

Form and effect of vesting order.


75.—(1) A vesting order by which a planning authority acquires a protected structure under this Part shall be in the prescribed form, and shall have attached to it a map showing the location of the protected structure.

(2) A vesting order shall be expressed and shall operate to vest the protected structure to which it relates in the planning authority in fee simple, free from encumbrances and all estates, rights, titles and interests of whatsoever kind on a specified date (in this section referred to as the vesting date) not earlier than 3 weeks after the making of the order.

(3) Notwithstanding subsection (2), where a planning authority has acquired by a vesting order a protected structure which is subject, either alone or in conjunction with other land, to an annual sum payable to the Minister for Agriculture, Food and Rural Development or the Commissioners, the planning authority shall become and be liable, as from the vesting date, for the payment to that Minister or those Commissioners, as the case may be, of—

(a) that annual sum, or

(b) such portion of it as shall be apportioned by the Minister or the Commissioners, as the case may be,

as if the protected structure had been transferred to the authority by the owner on that date.

(4) For the purposes of subsection (3), an “annual sum” means a purchase annuity, a payment in lieu of rent, or any other annual sum that is not merely a rent under a contract of tenancy.


Editorial Notes:


Power pursuant to section exercised (21.01.2002 and 11.03.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001), in effect as per reg. 2.


Previous affecting provision: power pursuant to section exercised (1.01.2001) by Planning and Development (No. 2) Regulations 2000 (S.I. No. 457 of 2000), in effect as per reg. 2; revoked (21.01.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001), reg. 4 and sch. 1, in effect as per reg. 2(1).