The Gazette 1973

LAND ACT 1965 (ADDITIONAL CATEGORIES OF QUALIFIED PERSONS) REGULATIONS 1972

Regulations made under Section 45 of Land Act 1965 T i e Minister for Lands, has made Regulations, under Section 45 Land Act, 1965, entitled "Land Act, 1965 (Additional Categories of Qualified Persons) Regula- tions, 1972". Section 45, Land Act, 1965, restricts the vesting of interests in certain land in persons—princi- pally non-Irish citizens—who are not qualified persons as defined in the section. The Council of the European Economic Community has issued five Directives on certain rights of establish- ment on land in respect of nationals of member States of the Community which will apply here when we become members of the EEC on 1 January 1973. The Directives provide for : (a) the right of nationals of one member State to acquire farms in other member countries which have been abandoned or left uncultivated for more than two years. Abandoned or uncultivated land is defined as a cultivable holding which has lain fallow (other than for rotation purposes) for more than two years. In this connection grass is regarded as a crop. The presence or absence of buildings on the land is immaterial; 20-4-63 (1326/63), official Journal November 1972. (b) the right of nationals of one member State who have worked as paid agricultural workers in ano- ther member State for an unbroken period of at least two years to acquire farms in that State. It is not considered this class of worker would be suffi- ciently numerous or wealthy to present a problem for the Land Commission or other interested Irish parties; 20-4-63 (1323/63) official Journal Novem- ber 1972. (c) the right of a national of a member State to change farms in another State if he has been established in farming for more than two years in that mem- ber State. This simply means that if the beneficiary Non-contentious business other than commission scale fees. By the Solicitors Remuneration General Order 1972 (S.I. No. 227 of 1972) the fees chargeable under schedule 2 items 2 to 20 were increased, with effect from 18th May 1972, on the fees prescribed by the Solicitors Remuneration General Order 1964 (S.I. No. 128 of 1964). Commission scale fees on sales, purchases, leases and mortgages are not affected. Superior Courts By the Rules of the Superior Courts (No. 1) 1972 (S.I. No. 300 of 1972) the fees in Appendix W., parts 1, 5, 6 and 7 were increased by 20%, with effect from 5th September 1972, on the fees prescribed by the Principal Rules as increased by the Rules of the Superior Courts 1964 (S.I. No. 166 of 1964). The increases apply to part 1 general proceedings in the High Court, part 5 bankruptcy, part 6 Circuit Court appeals, part 7 commissioners for oaths. Fees not affected are part 3, judgment in default, and part 4, non-contentious probate matters.

is already legitimately established in farming here for more than two years, he has the right to sell his holding and buy an alternative farm; 10-8-67 (190/1). Official Journal November 1972. (d) the right of access by a national of one member State who is established or who is establishing him- self in farming in another member State, to the rural lease system in that State. In this country there is, of course, no formal rural lease system such as obtains in Continental countries. Lettings of land here are generally made for a period of eleven months. Lettings for a period of a year or over require the consent of the Land Commission under Section 12, Land Act, 1965; 10-8-67 (190/ 3). Official Journal November 1972. (e) the right of nationals of a member State who are self-employed in forestry and logging to buy wooded land or forest soils for forestry purposes in another member State. It is not envisaged that the operation of the Directive will create difficulty for the Forest and Wildlife Service in maintaining its planting objective of 25,000 acres annually. 31-10- 67 (263//6). Official Journal November 1972. The effect of the Regulations made by the Minister is to exempt from the restrictions of Section 45, Land Act, 1965, the beneficiaries of these Directives by declaring them to be qualified persons for the purposes of the Section. It must be emphasised that full right of establish- ment in agricultural land does not yet operate in the EEC. The Directives referred to above represent measures of only very limited scope and it is not considered that the admission of the beneficiaries of these Directives as qualified persons for the purposes of Section 45, Land Act, 1965, will create any significant problem for this country. Curcuit Court By the Circuit Court Rules (No. 3) 1972 (S.I. No. 322 of 1972) the costs in proceedings in the Circuit Court were increased, with effect from 27th November 1972, by 20% on the costs prescribed by the Circuit Court Rules (No. 2) 1967 (S.I. No. 118 of 1967). The new scales also cover the increased jurisdiction of the Circuit Court under the Courts Act 1971. District Court By the District Court (Costs) Rules 1972 (S.I. No. 175 of 1972) the costs of proceedings in the District Court were increased by 20% on the scales of costs prescribed by the District Court (Costs) Rules 1964 (S.I. No. 279 of 1964) with effect from 7th July 1972. The new scales also cover the increased jurisdiction of the District Court under the Courts Act 1971. Land Registry By the Land Registration Rules 1972 (S.I. No. 230 of 1972) the costs of voluntary transfers, applications under rules 33 to 35 and costs under rules 121(6) were increased with effect from 31st August 1972 by 30% on the costs prescribed by the Land Registration Rules 1966 (S.I. No. 266 of 1966). The commission scale fees on sales, purchases, leases and mortgages are not affected. 176

RECENT INCREASES IN SOLICITORS' REMUNERATION Schedule 2 Solicitors Remuneration General Order 1884/1972.