Grangegorman Development Agency Act 2005

Transfer of lands from statutory body to Agency.

13

13.—(1) ( a) Subject to paragraph (b), the Minister may, after consultation with the statutory body concerned and with the consent of the appropriate Minister and the Minister for Finance, by order transfer from a statutory body to the Agency land situated in the Grangegorman site together with all rights, powers and privileges relating to or connected with such land.

( b) The Minister shall not make an order under this section unless the Minister is satisfied that the use of the land to which the order, if made, will relate is not necessary for the performance of the functions of the statutory body concerned.

(2) Subject to subsection (3), where an order is made under this section there shall be payable to the statutory body by the Agency consideration in respect of the transfer and such consideration shall be such as may be agreed between the statutory body and the Agency or, in default of such agreement, such amount as shall be determined by arbitration in the like manner in all respects as a claim for compensation in relation to the compulsory acquisition of land under Part V of the Housing Act 1966 and for that purpose a reference to a housing authority shall be construed as a reference to the Agency.

(3) The consideration payable to the Health Service Executive in exchange for that part of the Grangegorman site to be transferred from its ownership to the ownership of the Agency shall be such amount, and paid in such manner, as the Minister and the Minister for Health and Children, with the consent of the Minister for Finance, may agree having regard to—

( a) the social and health utility of the Grangegorman site, and

( b) any allocation of moneys made by the Minister for Health and Children to the Health Service Executive.

(4) The consideration payable to the Dublin Institute of Technology in respect of properties contained in Schedule 3 to be transferred from its ownership to the ownership of the Agency shall be such amount, and paid in such manner, as the Minister, with the consent of the Minister for Finance, may agree having regard to—

( a) the educational utility of the Grangegorman site, and

( b) any allocation of moneys made by the Minister for Education and Science to the Dublin Institute of Technology.

(5) Where the land to be transferred is vested in a Minister of the Government and the Government is of the opinion that the transfer concerned serves the interests of the common good, the Government may decide that consideration under subsection (2) (either in whole or in part) is not to be payable.

(6) In this section, “consideration” includes money or other property.

(7) An order under this section shall come into operation on such day or days as may be specified in the order and different days may be so specified in relation to different parts of the land to which the order relates.

(8) An order under this section may contain such incidental, consequential, transitional or supplementary provisions as may appear to the Minister to be necessary or proper for the purpose of, or in consequence of, or to give full effect to, a transfer of land effected by the order, including provisions for the application, modification, adaptation or other amendment of any enactment.

(9) Where an order under this section is made, land to which the order relates shall, on the date specified in the order in relation to that land and without any further conveyance or assignment, become and be vested in the Agency for all the estate and interest of the statutory body.

(10) No action, proceedings, claim or demand of any kind or description shall lie against a statutory body by reason only of the agreement by it to accept, or acceptance by it of, a consideration payable under this section.

(11) A provision in any enactment apart from this Act shall neither be construed as affecting or preventing, nor shall it operate to affect or prevent, a transfer of land affected by an order made under this section.

Annotations

Modifications (not altering text):

C6

Functions transferred and references to“Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

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5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

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Schedule 1

Enactments

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Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

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No. 21 of 2005

Grangegorman Development Agency Act 2005

Sections 10, 11(2)(a), 13, 14, 20(6), 28(1) and (4)(b), 32(5) and 41(3)

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