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