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27 1927

ELECTRICITY (SUPPLY) ACT, 1927

PART IV.

Amendments of the Shannon Electricity Act, 1925.

Provision of alternative accommodation.

82. —(1) Whenever the Minister compulsorily acquires permanently any land under the powers in that behalf conferred on him by the Shannon Electricity Act, 1925 (No. 26 of 1925), the Minister may, if the person who was the occupier of such land immediately before such acquisition so agrees, provide for such occupier alternative accommodation in land in lieu and stead of the price or compensation or part thereof payable by the Minister to such occupier under the said Act.

(2) The acquisition of land by the Minister for the purpose of providing alternative accommodation under this section shall, for the purposes of sub-section (1) of section 4 of the Shannon Electricity Act, 1925 be deemed to be authorised by that Act and accordingly land may be acquired for that purpose by the Minister under the said section 4 and land so acquired shall be deemed to be acquired under the said Act and the said Act shall apply accordingly.

(3) Whenever the Minister provides alternative accommodation under this section for an occupier of land such alternative accommodation shall be vested in such occupier subject to the trusts, charges, liabilities, and encumbrances to which the land compulsorily acquired from such occupier was subject immediately before its acquisition by the Minister.

(4) For the purpose of the application of this section to the provision of alternative accommodation in the case of land held by a local authority for the purposes of the Labourers (Ireland) Acts, 1883 to 1919, which is compulsorily acquired permanently by the Minister under the powers in that behalf conferred on him by the Shannon Electricity Act, 1925 , such local authority shall be deemed to be the occupier of such land, and the Minister may erect on the land provided as alternative accommodation for such local authority under this section cottages similar so far as may be practicable in structure and in all other respects to the cottages erected on the land held by such local authority for the purposes aforesaid and so compulsorily acquired as aforesaid by the Minister, and the Labourers (Ireland) Acts, 1883 to 1919, shall apply to the land so provided as alternative accommodation under this section in like manner in all respects as they applied to the land so compulsorily acquired by the Minister immediately before such acquisition.

Acquisition of land for erection of barracks.

83. —(1) The Minister may compulsorily acquire any land permanently for the purpose of erecting thereon or of using the same as barracks for the accommodation of members of the Defence Forces of Saorstát Eireann or of the Gárda Síochána engaged in the defence or protection of the Shannon works.

(2) The acquisition of any land by the Minister for the purposes aforesaid shall, for the purposes of sub-section (1) of section 4 of the Shannon Electricity Act, 1925 (No. 26 of 1925) be deemed to be authorised by that Act, and accordingly land may be acquired for the said purposes by the Minister under the said section 4 , and any land so acquired shall be deemed to be acquired under the said Act and the said Act shall apply accordingly.

Vesting of pillars, poles, etc., in Minister.

84. —(1) No pillar, pole, stand, or other structure erected by the Minister under the provisions of the Shannon Electricity Act, 1925 (No. 26 of 1925) or by a contractor acting under an order of the Minister under that Act on any land not acquired by the Minister under the said Act for the purpose of supporting any wire, transformer, or other machinery for or in relation to the transmission of electricity shall vest in the owner of such land, and every such pillar, pole, stand, or other structure so erected as aforesaid shall be and remain the property of the Minister.

(2) The Minister and also the Board may at all reasonable times enter upon any such land as aforesaid for the purpose of renewing, repairing, or otherwise maintaining any such pillar, pole, stand, or other structure as aforesaid and there do all such matters or things as in the opinion of the Minister or the Board (as the case may be) are necessary for or incidental to such maintenance.

Provisions as to certain lands acquired under the Shannon Electricity Act, 1925 .

85. —(1) Whenever the Minister in pursuance of the powers conferred on him by sub-section (2) of section 4 of the Shannon Electricity Act, 1925 (No. 26 of 1925) proposes to acquire permanently and enters upon any holding of tenanted lands to which the Land Act, 1923 (No. 42 of 1923) applies the Minister shall become liable to the Land Commission for the payment in lieu of rent payable in respect of such holding in like manner as if such holding had been assigned to the Minister by the tenant thereof on the day of the Minister's entry thereon.

(2) Whenever the Minister in pursuance of the powers aforesaid proposes to acquire permanently and enters upon part only of a holding of tenanted lands to which the Land Act, 1923 applies the rent, compounded arrears of rent, payment in lieu of rent, and the standard purchase annuity shall be apportioned in such manner as the Land Commission considers expedient, and the several parts of such holding shall be deemed to be separate holdings to which the Land Act, 1923 applies, and in the case of a judicial holding the several proportionate parts of the original judicial rent shall be deemed to be separate judicial rents, and the Minister shall become liable to the Land Commission for so much of the payment in lieu of rent payable in respect of the entire holding as has been apportioned in respect of the part thereof taken by him in like manner as if such part had been assigned to the Minister by the tenant thereof on the day of the Minister's entry thereon.

(3) Whenever the Minister in pursuance of the powers aforesaid proposes to acquire permanently and enters upon any lands which are subject, either alone or in conjunction with other lands, to any annuity payable to the Land Commission he shall become liable for the payment of the annuity or such part thereof as shall be apportioned by the Land Commission in respect of the lands taken by him in like manner as if such lands had been transferred to the Minister by the proprietor thereof on the day of the Minister's entry thereon.

(4) The Minister, if he thinks fit so to do, may purchase from the Land Commission any lands the subject of a holding or part of a holding—

(a) to which the Land Act, 1923 applies, and

(b) the tenant's interest in which has been or is acquired by the Minister whether before or after the passing of this Act in pursuance of the powers in that behalf conferred on him by the Shannon Electricity Act, 1925 ,

in like manner in all respects as if the Minister were the tenant thereof.

(5) For the purposes of any such purchase as aforesaid the following provisions shall, notwithstanding anything contained in the Shannon Electricity Act, 1925 (No. 26 of 1925), have effect, that is to say:—

(a) the relations existing between the Land Commission and the owner of the lowest interest in such lands constituting an interest saleable under the Land Purchase Acts shall continue,

(b) such lands shall vest in the Land Commission on the appointed day,

(c) the rights of the owner of such lands in respect of the sum equivalent to the amount to be collected as payment in lieu of rent and in respect of the purchase money shall continue.

Exemption from stamp duty.

86. —No stamp duty shall be payable on any conveyance or transfer to the Minister of any lands, premises or other property acquired by him in pursuance of his powers in that behalf under the provisions of the Shannon Electricity Act, 1925 (No. 26 of 1925) or on any contract or agreement for any such conveyance or transfer.