Northern Ireland Land Purchase (Winding Up) Act 1935
| Jurisdiction | UK Non-devolved |
| Citation | 1935 c. 21 |
| Year | 1935 |
Northern Ireland Land Purchase (Winding Up) Act, 1935
(25 & 26 Geo. 5.) CHAPTER 21.
An Act to make provision for the winding up of the system of land purchase in Northern Ireland established by the Land Purchase Acts and other enactments in that behalf, for the abolition of the Land Purchase Commission, Northern Ireland, and the transfer of functions exercisable under the said Acts and other enactments, and for purposes incidental to the purposes aforesaid and consequential thereon.
[6th June 1935]
Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Winding up of Land Purchase.
(1) Subject to the provisions of the First Schedule to this Act—
(a ) all powers to make advances for the purchase of land, or for the redemption of the rent of a holding, conferred on the Commission by the Acts relating to land purchase shall cease to be exercisable;
(b ) all powers to purchase land conferred on the Commission by the Acts relating to land purchase shall cease to be exercisable, and section eight of the Act of 1925 shall cease to have effect; and
(c ) the powers conferred on the Commission by section twelve of the Act of 1903, and by section thirty of the Act of 1909 (which sections respectively relate to the improvement of land and holdings) shall cease to be exercisable.
This subsection shall come into operation on the date of the passing of this Act.
(2) The provisions of this Act with respect to the transfer of functions exercisable, and property held, in connection with the execution of the Acts relating to land purchase shall have effect, and the Commission shall cease to exist.
(3) Subject to the provisions of the Second Schedule to this Act, the general subject-matter of the Acts relating to land purchase shall cease to be a reserved matter within the meaning of the Government of Ireland Act, 1920 .
2 Transfer of judicial functions to the Chancery Judge.
(1) The functions of the Court of the Commission and of the Judicial Commissioner (except the functions of the Judicial Commissioner under section thirty-three of the Act of 1925 with respect to the making of rules under any of the powers thereby made exercisable by him) shall be transferred to and performed by the High Court, and all matters and proceedings which would have been within the cognisance of the Court of the Commission or of the Judicial Commissioner if this Act had not passed shall be assigned to the Chancery Judge.
(2) Appeals shall lie to His Majesty's Court of Appeal in Northern Ireland in respect of any matters or proceedings in respect of which immediately before the appointed day appeals lay to that Court from the Court of the Commission or from the Judicial Commissioner.
(3) Section fifty-five of the Supreme Court of Judicature (Ireland) Act, 1877 , shall apply to the transaction of the business assigned to the Chancery Judge by this section, and subsections (4) and (5) of section twenty-eight of the Purchase of Land (Ireland) Act, 1891 , shall cease to have effect.
(4) All matters and proceedings pending in the Court of the Commission, or before the Judicial Commissioner, at the appointed day shall be continued in the High Court and be assigned as aforesaid, and all appeals from the Court of the Commission, or from the Judicial Commissioner, pending at the appointed day shall be continued as if the determination to which the appeal relates had been given by the Chancery Judge, and the Chancery Judge or the Court of Appeal, as the case may be, may give any necessary directions as to the manner in which any such matters, proceedings or appeals are to be continued as aforesaid.
(5) Rules and orders required to be made in reference to the exercise of the functions transferred by virtue of this section shall be made and altered by the authorities in that behalf provided by the Supreme Court of Judicature (Ireland) Act, 1877, but, until they are superseded by rules or orders so made, the exercise of the functions transferred as aforesaid shall be regulated in accordance with the rules, orders and practice of the Commission in force immediately before the appointed day.
3 Transfer of certain administrative functions to the Ministry.
3. The following functions of the Commission shall be transferred to and performed by the Ministry, that is to say—
4 Transfer of certain functions of the Governor and of the Land Purchase Trustee to the Ministry.
4. There shall be transferred to and performed by the Ministry—
5 Transfer of power to make rules under s. 33 of the Act of 1925.
5. The functions of the Judicial Commissioner under section thirty-three of the Act of 1925 with respect to the making of rules under any of the powers thereby made exercisable by him shall be transferred and performed—
6 Transfer of residue of administrative functions to the Treasury.
(1) Any functions of the Commission, for the performance of which provision is not made by the foregoing provisions of this Act, shall be transferred to and performed by the Treasury, subject to such provisions as may be made by any Order in Council under this Act.
(2) Arrangements may be made by the Treasury for the performance of any of the said functions by any other Department of the Government of the United Kingdom, or by the Land Purchase Trustee for Northern Ireland, or by any officers of the Supreme Court, on such terms and conditions as may be agreed between the Treasury and that Department, or between the Treasury and the Lord Chief Justice of Northern Ireland, as the case may be.
(3) For the purposes of section seventy-six of the Supreme Court of Judicature (Ireland) Act, 1877 (which confers a right to pension or compensation on an officer appointed in pursuance of that Act whose whole time is devoted to the duties of his office), time devoted by an officer of the Supreme Court to the performance of any functions in accordance with arrangements made under the last foregoing subsection shall be deemed to be time devoted to the duties of his office in the Supreme Court.
(4) The provisions of this section shall be without prejudice to the power to make arrangements for the performance of functions by officers of a Department of the Government of Northern Ireland conferred by section sixty-three of the Government of Ireland Act, 1920.
7 Transfer of property.
(1) Subject to the provisions of this section all property belonging to, or vested in, or held in trust for, the Commission at the appointed day shall, by virtue of this Act and without any transfer, vest, subject to all debts and liabilities affecting the property,—
(a ) in the case of property so belonging, vested or held for the purposes, or by virtue of, functions transferred by virtue of this Act to the High Court, in the Accountant-General of the Supreme Court; and
(b ) in the case of property so belonging, vested or held for the purposes, or by virtue of, functions transferred by virtue of this Act to the Ministry or to the Treasury, in the Ministry or in the Treasury, as the case may be.
(2) Any land which, if this Act had not passed, would have revested in the Commission by virtue of subsection (1) of section two of the Irish Land (Provision for Sailors and Soldiers) Act, 1919, shall vest in the Ministry.
(3) Any sporting rights, and rights to, or...
To continue reading
Request your trial