British-Irish Agreement (Amendment) Act 2005

2005 6

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Number 6 of 2005

BRITISH-IRISH AGREEMENT (AMENDMENT) ACT 2005

ARRANGEMENT OF SECTIONS

Section
1.	Definitions.
2.	Amendment of Principal Act.
3.	Saver.
4.	Short title and collective citation.

Acts Referred to
British-Irish Agreement Act 1999	1999, No. 1
British-Irish Agreement Acts 1999 and 2002
Landlord and Tenant (Ground Rents) (No. 2) Act 1978	1978, No. 16
Landlord and Tenant (Ground Rents) Act 1967	1967, No. 3
Statute of Limitations 1957	1957, No. 6

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Number 6 of 2005

BRITISH-IRISH AGREEMENT (AMENDMENT) ACT 2005

AN ACT TO AMEND THE BRITISH-IRISH AGREEMENT ACT 1999 AND TO PROVIDE FOR RELATED MATTERS.

[6th May, 2005]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Definitions.

1.—In this Act—

“Act of 1967” means the Landlord and Tenant (Ground Rents) Act 1967 ;

“Principal Act” means the British-Irish Agreement Act 1999 .

Amendment of Principal Act.

2.—The Principal Act is amended by—

(a) substituting the following section for section 53:

“Application of section 13 of Statute of Limitations 1957.

53.—A Body shall be deemed to be a State authority for the purposes of section 13 of the Statute of Limitations 1957.”,

and

(b) inserting the following section:

“Acquisition of fee simple from Body.

53A.—(1) The Act of 1978 shall not bind a Body.

(2) A person who, but for subsection (1), would be entitled to acquire the fee simple of a dwellinghouse under the Act of 1978 from a Body, shall, notwithstanding that subsection, be entitled to acquire that fee simple except where the Body concerned is satisfied that such acquisition would not be in the public interest and certifies that it is so satisfied.

(3) In this section ‘Act of 1978’ means the Landlord and Tenant (Ground Rents) (No. 2) Act 1978 .”.

Saver.

3.—The amendment of the Principal Act effected by section 2 (b) of this Act shall not apply to—

(a) an application to the Registrar of Titles under Part III of the Landlord and Tenant (Ground Rents) (No. 2) Act 1978 made before the passing of this Act,

(b) a notice of intention to acquire a fee simple under section 4 of the Act of 1967 served before such passing,

(c) an application to a county registrar under section 17 of the Act of 1967, or an arbitration under that Act, relating to a notice to which paragraph (b) of this section applies,

(d) an arbitration under the said Part III relating to an application to which paragraph (a) of this section applies,

(e) an appeal to the Circuit Court from a decision of a county registrar under the Act of 1967 relating to a notice to which paragraph (b) of this section applies, or

(f) an appeal to the Circuit Court from a decision of the Registrar of Titles under the said Part III relating to an application to which paragraph (a) of this section applies.

Short title and collective citation.

4.—(1) This Act may be cited as the British-Irish Agreement (Amendment) Act 2005 .

(2) The British-Irish Agreement Acts 1999 and 2002 and this Act may be cited together as the British-Irish Agreement Acts 1999 to 2005.

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Irish Legislation

British-Irish Agreement (Amendment) Act 2005