S.I. No. 27/1967:

LIFE ANNUITY (SALE OF LAND TO LAND COMMISSION) REGULATIONS, 1967.

LIFE ANNUITY (SALE OF LAND TO LAND COMMISSION) REGULATIONS, 1967.

I, MICHEÁL, Ó MÓRÁIN, Minister for Lands, in exercise of the powers conferred on me by section 6 (5) of the Land Act, 1965 (No. 2 of 1965), hereby make the following Regulations:--

1. These Regulations may be cited as the Life Annuity (Sale of land to Land Commission) Regulations, 1967.

2. In these Regulations--

" the Act " means the Land Act, 1965 ;

" life annuity " means an annuity granted by the Land Commission in accordance with section 6 of the act.

3. For the purpose of section 6 of the act--

a person shall be deemed to be incapacitated if, on the date of the contract for sale, he is over 21 and under 70 years of age and, in the opinion of the Land Commission--after, where necessary, a medical examination by a doctor nominated by them--unable, due to physical illness, injury or infirmity, to carry out the normal duties of a working farmer and unlikely in the foreseeable future to be able to do so;

a person shall be deemed to be blind if, on the date of the contract for sale, he is in receipt of a pension as a blind person under the Old Age Pensions Acts, 1908 to 1966;

a person shall be deemed to be elderly if, on the date of the contract for sale, he is 60 years of age or over and if he does not come within the foregoing categories of incapacitated or blind.

4. Where an interest in land is sold to the Land Commission in accordance with the provisions of section 6 of the act, the costs and expenses of the vendor in relation to the sale, when taxed or agreed, shall, if the vendor so requests at the time of closing or within one month thereafter, be paid by the Land Commission. In default of agreement with the Land Commission, the amount of the costs and expenses shall be ascertained on taxation and the Land Commission shall be entitled to oppose.

5. An option pursuant to subsection (1) of section 6 of the act shall be exercisable--

(a) at any time up to and including, but not later than, the tenth day preceding the date agreed for the closing of the sale and

(b) only to the extent that the purchase price or the part thereof allocated towards a life annuity shall never be less than a sum on which such annuity amounts to £52 per annum.

6. An incapacitated vendor who is granted a life annuity may, at the discretion of the Land Commission, be paid a supplementary allowance not exceeding one hundred and twenty-three pounds and ten shillings per annum until such time as he reaches 70 years of age or shall have been awarded a pension as a blind person under the Old Age Pensions Acts, 1908 to 1966.

7. A life annuity and, where applicable, an annual supplementary allowance payable in accordance with these Regulations shall be payable by monthly instalments in arrear commencing on the first day of the second month following the date of the closing of the sale. Payment in respect of any period of less than one month shall be calculated on a day-to-day basis.

8. Where a person is in receipt of any payment in accordance with these Regulations, the Land Commission may, from time to time, require that person to furnish to them a certificate of a registered medical practitioner or a solicitor or a bank manager or a member of the Garda Síochána not below the rank of sergeant that he and, where relevant, his spouse or approved dependant, is alive and the Land Commission may withhold payment pending the furnishing of such certificate.

9. Where, up to and including, but not later than, the tenth day preceding the date agreed for the closing of the sale, a vendor so requests, the Land Commission may, in their absolute discretion and subject to such conditions as they may impose, grant a right of residence in the dwellinghouse on the lands to the vendor for life and thereafter to the vendor's surviving spouse or approved dependant (if any) for the life of that spouse or dependant but such right of residence shall lapse with the death of such spouse or dependant.

GIVEN under my Official Seal this 27th day of January, 1967.

MICHEÁL Ó MÓRÁIN,

Minister for Lands.

The Minister for Finance consents to the making of the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Finance this 27th day of January, 1967.

CHARLES J. HAUGHEY,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations introduce a scheme for the payment by the Land Commission of a life annuity in accordance with section 6 of the Land Act, 1965 , and deal with other matters ancillary thereto.