C1

Functions transferred and references to "the Property Registration Authority" construed (1.03.2023) by Tailte Éireann Act 2022 (50/2022), ss. 27, 28, 29, S.I. No. 66 of 2023.

Dissolution of bodies

27. Each of the following bodies (in this Act referred to as a “dissolved body”) is dissolved on the establishment day:

(a) the Property Registration Authority;

...

Transfer of functions to Tailte Éireann

28. On the establishment day, all functions that, immediately before the establishment day, were vested in—

(a) a dissolved body,

...

are transferred to Tailte Éireann.

...

References in enactments

29. References in any enactment (other than this Act) or any instrument made under such an enactment, to—

(a) a dissolved body,

...

shall, on and after the establishment day, be construed as references to Tailte Éireann.

…

C2

Prospective affecting provisions: application of collectively cited Registration of Deeds and Title Acts 1964 and 2006 restricted by Minerals Development Act 2017 (23/2017), ss. 112(5) and 149(4), not commenced as of date of revision.

Mining facilities acquisition order

112. ....

(3) On the making of a mining facilities acquisition order for the purpose of acquiring an ancillary surface right, the right is vested in the Minister on behalf of the State.

(4) On the making of a mining facilities acquisition order for the purpose of acquiring an estate or interest in land, the estate or interest is vested in the licensee.

(5) Notwithstanding the Registration of Deeds and Title Acts 1964 and 2006, the vesting of an ancillary surface right, estate or interest under subsections (3) and (4) that affects registered land occurs when the order is made.

...

Rehabilitation acquisition order

149. ...

(3) On the making of a rehabilitation acquisition order for the purpose of acquiring an estate or interest in land, the estate or interest is vested in the Minister on behalf of the State.

(4) The vesting of an estate or interest under subsection (3) that affects registered land occurs when the order is made notwithstanding the provisions of the Registration of Deeds and Title Acts 1964 and 2006.

...

C3

Functions transferred and references to “Department of Justice and Equality” and “Minister for Justice and Equality” construed (1.01.2018) by Property Registration Authority (Transfer of Departmental Administration and Ministerial Functions) Order 2017 (S.I. No. 574 of 2017), arts. 2 and 3, in effect as per art. 1(2), subject to transitional provisions in arts. 4-8. Note change of Title of Minister and name of Department from Justice, Equality and Law Reform to Justice and Law Reform (2.06.2010) by Justice, Equality and Law Reform (Alteration of Name of Department and Title of Minister) Order 2010 (S.I. No. 216 of 2010), in effect as per art. 1(2).

2. (1) The administration and business in connection with the exercise, performance or execution of the functions transferred by Article 3 are transferred to the Department of Housing, Planning and Local Government.

(2) References to the Department of Justice and Equality contained in any Act or any instrument made thereunder and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Housing, Planning and Local Government.

3. (1) The functions vested in the Minister for Justice and Equality by or under— ...

(c) the Registration of Deeds and Title Act 2006 (No. 12 of 2006),

are transferred to the Minister for Housing, Planning and Local Government.

(2) References to the Minister for Justice and Equality contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Housing, Planning and Local Government.

C4

Charging of fees restricted (24.05.2017) by Forestry Act 2014 (31/2014), s. 21(5), S.I. No. 189 of 2017.

Registration under Act of 2006 of conditions and replanting orders

21. ...

(5) No fees shall be payable to the Authority in respect of any steps taken under this section.

C5

Application of collectively cited Registration of Deeds and Title Acts 1964 and 2006 restricted (15.07.2015) by European Union (Bank Recovery and Resolution) Regulations 2015 (S.I. No. 289 of 2015), reg. 76, in effect as per reg. 1(2).

Effect of transfer by resolution order in relation to securities.

76. (1) On and after a transfer under a resolution order or a capital instruments order, or a transfer having effect in the State in accordance with Regulation 126 in relation to property referred to in paragraph (3)(d) or (e) of Regulation 75, or a security referred to in subparagraph (f) of that paragraph, transferred by the relevant order or in accordance with Regulation 126—

(a) notwithstanding any provision of an Act referred to in paragraph (2) or any other Act that provides for the registration of assets or security, or any details of assets or security, a recipient is not required to become registered as owner of the security,

(b) notwithstanding sections 62 and 64 of the Registration of Title Act 1964 (No. 16 of 1964), a recipient has, in relation to any charge that is or is part of such a security, the powers of a mortgagee under a mortgage by deed, even though the recipient is not registered as owner of the charge,

(c) the recipient has the powers and rights conferred on the registered owner of a charge by the Registration of Title Act 1964, and

(d) where the resolution order effects an extension of, or in relation to the security so as to include future advances by or future liabilities to the recipient, the extension or inclusion need not be registered under any Act referred to in paragraph (2) under which it would otherwise be required to be registered but operates for the purposes of those Acts as if made by deed duly registered under that Act on the time of the transfer.

(2) The Acts referred to in paragraph (1)(a) and (d) are the following: ...

(d) the Registration of Deeds and Title Acts 1964 and 2006;

...

C6

Application of collectively cited Registration of Deeds and Title Acts 1964 and 2006 restricted (28.10.2011) by Central Bank and Credit Institutions (Resolution) Act 2011 (27/2011), s. 50, S.I. No. 548 of 2011.

Effect of transfer order in relation to securities.

50. (1) On and after the transfer of assets and liabilities under a transfer order, in relation to property referred to in paragraph (d) or (e) of subsection (4) of section 49 or a security referred to in paragraph (f) of that subsection, transferred by the order—

(a) notwithstanding any provision of an Act referred to in subsection (2) or any other Act that provides for the registration of assets or security, or any details of assets or security, a transferee is not required to become registered as owner of the security,

...

(d) if the transfer order effects an extension of or in relation to the security so as to include future advances by or future liabilities to the transferee, the extension need not be registered under any Act referred to in subsection (2) under which it would otherwise be required to be registered, but operates for the purposes of those Acts as if made by deed duly registered under that Act on the time of the transfer.

(2) The Acts referred to in paragraphs (a) and (d) of subsection (1) are the following:

...

(d) the Registration of Deeds and Title Acts 1964 and 2006;

...

C7

Application of collectively cited Registration of Deeds and Title Acts 1964 and 2006 extended (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), arts. 14(6) and 18(9), in effect as per art. 1(3).

Designation, amendment and de-designation of special areas of conservation

14. ...

(6) Any designation made under this Regulation, and any amendment or revocation thereof, may be registered under the Registration of Deeds and Title Acts 1964 and 2006, in the appropriate register maintained under those Acts as a burden on the land.

...

Designation, amendment and de-designation of special protection areas

18. ...

(9) Any designation made under this Regulation, and any amendment or revocation thereof, may be registered under the Registration of Deeds and Title Acts 1964 and 2006, in the appropriate register maintained under those Acts as a burden on the land.

...

C8

Functions transferred and references to “Department of Finance” and “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. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

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.

...

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.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

C9

Application of collectively cited Registration of Deeds and Title Acts 1964 to 2006 restricted (21.12.2010) by Credit Institutions (Stabilisation) Act 2010 (36/2010), s. 40, S.I. No. 623 of 2010.

Effect of transfer order in relation to securities.

40. (1) On and after the transfer of assets and liabilities under a transfer order, in relation to property referred to in paragraph (d) or (e) of section 39 (4) or a security referred to in paragraph (f) of that section, transferred by the order—

(a) notwithstanding any provision of an Act listed in subsection (2) or any other Act that provides for the registration of assets or security, or any details of assets or security, a transferee is not required to become registered as owner of the security,

...

(d) where the transfer order effects an extension of or in relation to the security so as to include future advances by or future liabilities to the transferee, the extension need not be registered under any Act listed in subsection (2) under which it would otherwise be required to be registered, but operates for the purposes of those Acts as if made by deed duly registered under that Act on the date of transfer.

(2) The Acts referred to in paragraphs (a) and (d) of subsection (1) are the following:

...

(d) the Registration of Deeds and Title Acts 1964 and 2006

...

C10

Obligation imposed on National Asset Management Agency to send compulsory transfer order to Property Registration Authority under Act (21.12.2009) by National Asset Management Agency Act 2009 (34/2009), s. 169(3), S.I. No. 545 of 2009.

Form and effect of compulsory transfer order.

169. ...

(3) NAMA shall cause a compulsory transfer order to be sent to the Property Registration Authority under the Registration of Title Act 1964 and the Registration of Deeds and Title Act 2006. The Property Registration Authority shall cause NAMA or the nominated NAMA group entity referred to in section 163(1) to be registered as owner of the land in accordance with the order.

C11

Obligation imposed on National Asset Management Agency to send vesting order to Property Registration Authority under Act (21.12.2009) by National Asset Management Agency Act 2009 (34/2009), s. 155(4), S.I. No. 545 of 2009.

Effect of vesting order.

155.— ...

(4) NAMA shall cause a vesting order to be sent to the Property Registration Authority under the Registration of Title Act 1964 and the Registration of Deeds and Title Act 2006. The Property Registration Authority shall cause NAMA or the nominated NAMA group entity, as the case requires, to be registered as owner of the land in accordance with the order.

C12

Application of collectively cited Registration of Deeds and Title Acts 1964 and 2006 restricted (21.12.2009) by National Asset Management Agency Act 2009 (34/2009), s. 107(1)(a) and (2)(d), S.I. No. 545 of 2009.

NAMA not required to register certain instruments, etc.

107. (1) Where a bank asset has been acquired by NAMA or a NAMA group entity—

(a) notwithstanding anything in any Act listed in subsection (2) or any other Act that provides for the registration of assets, security or details of them, NAMA or the NAMA group entity is not required to become registered as owner of any security that is part of the bank asset.

...

(2) The Acts referred to subsection (1)(a) are the following:

...

(d) the Registration of Deeds and Title Acts 1964 and 2006;

...