Land Development Agency Act 2021

57

Disposal of land by Agency or subsidiary DAC

57. (1) Subject to subsection (6), the Agency may, with the consent of the Minister having consulted with the Minister for Public Expenditure and Reform, dispose of land owned by the Agency.

(2) The power conferred on the Agency by subsection (1) may be exercised only where the Agency is satisfied that it is necessary for the purposes of this Act and the performance of the functions conferred on the Agency by paragraph (c), (i), (k) or (m) of section 14(1) and where land owned by the Agency is no longer required by it for those purposes or the performance of those functions.

(3) Subject to subsection (6), a subsidiary DAC may, with the consent of the Minister having consulted with the Minister for Public Expenditure and Reform, dispose of land owned by the subsidiary DAC.

(4) The power conferred on a subsidiary DAC by subsection (3) may be exercised only where the subsidiary DAC is satisfied that it is necessary for the purposes of this Act and the performance of the functions referred to in subsection (2) conferred on the subsidiary DAC pursuant to section 33(2) and where land owned by the subsidiary DAC is no longer required for those purposes or the performance of those functions.

(5) The Agency may, subject to this section, dispose of land owned by the Agency to a subsidiary DAC where the Agency is satisfied that it is necessary, in relation to the land, for the purposes of this Act that the functions referred to in subsection (2) should be performed on behalf of the Agency by the subsidiary DAC.

(6) Subject to subsection (7), subsection (1) shall not apply to the disposal in a single transaction by the Agency of one house for rent or purchase and subsection (3) shall not apply to the disposal in a single transaction by a subsidiary DAC of one house for rent or purchase.

(7) Subsection (1) shall apply to the disposal in a single transaction of one house for rent or purchase by the Agency where the Agency forms a view, and advises the Minister who agrees with the view, that the disposal is part of a series of transactions that are or appear to be linked to each other and subsection (3) shall apply to the disposal in a single transaction of one house for rent or purchase by a subsidiary DAC where the subsidiary DAC forms a view, and advises the Minister who agrees with the view, that the disposal is part of a series of transactions that are or appear to be linked to each other.