Committee Reports > List of Committees > Joint > 1985 > Committee on the Secondary Legislation of the European Communities (4th Committee) > Report No. 16 - Statutory Instruments [9]

APPENDIX 5

Land Act, 1965 (Additional Category of Qualified Persons) Regulations, 1983 [S.I. No. 144 of 1983]

Secretary

Land Registry

Department of Justice

Chancery Street

Dublin 7.

Re:—Land Act, 1985 (Additional Category of Qualified Persons) Regulations 1983 [S.I. No. 144 of 1983].

I am directed by Mr. Gerard Collins, T. D., Chairman of the Joint Committee on the Secondary Legislation of the European Communities to enquire whether any administrative difficulties have arisen in relation to the above regulations. I refer in particular to the certificate required under section 45, subsection 3 of the Land Act, 1965 which should specify the nature of an economic activity.

S. PHELAN,

Clerk to Joint Committee.

11 March, 1985.

For the attention of Mr. D. Murphy

Secretary,

Department of Agriculture.

Re:—Land Act, 1965 (Additional Category of Qualified Persons) Regulations 1983 [S.I. No. 144 of 1983]

I am directed by Mr. Gerard Collins T. D., Chairman of the Joint Committee on the Secondary Legislation of the European Communities to refer to previous correspondence and to enquire whether any administrative difficulties have arisen in relation to the above regulations. I refer in particular to the certificate required under section 45, subsection 3 of the Land Act, 1965 which should specify the nature of an economic activity.

S. PHELAN,

Clerk to Joint Committee.

11 March, 1985.

15th March, 1985.

Re:—Land Act, 1965 (Additional Category of Qualified Persons) Regulations 1983 [S.I. No. 144 of 1983]

Mr. S. Phelan,

Clerk to Joint Committee on the

Secondary Legislation of the EEC

Leinster House

Dublin 2.

A Chara,

I received your letter dated 11th instant in the above matter.

I wish to state that the Land Registry has no administrative difficulties in relation to the above Statutory Instrument.

In applications for registration our practice is to ensure that the certificate in the deed states that the person who becomes beneficially entitled to the entire beneficial interest is a qualified person because:—

(1)he or she is a citizen of a specified member State of the European Communities;

(2)that he or she is exercising in the State the right of establishment as a self-employed person under Article 52 of the EEC Treaty (within the meaning of the European Communities Act 1972) (No. 27 of 1972) by way of an economic activity;

(3)that he or she is acquiring an interest in land which Section 45 of the Land Act 1965 applies for the purpose of or in connection with such exercise of that right.

Mise, le meas,

J.B. FITZGERALD,

Registrar of Titles.

25 March, 1985.

Mr. S. Phelan

Clerk to the Joint Committee

on the Secondary Legislation of the

European Communities

Leinster House

Dublin 2.

I refer to your letter of 11 March 1985 in regard to the Land Act, 1965 (Additional Category of Qualified Persons) Regulations 1983 [S.I. No. 144 of 1983].

As persons who are qualified under Section 45 of the 1965 Land Act which now includes the additional category referred to above do not need the consent of the Irish Land Commission (ILC) to acquire an interest in land in this state, the ILC have to administrative function in this area.

D. MURPHY,

EEC Division.