Northern Ireland Land Purchase (Winding Up) Act 1935

7 Transfer of property. U.K.

(1) Subject to the provisions of this section all property belonging to, or vested in, or held in trust for, the Commission at the appointed day shall, by virtue of this Act and without any transfer, vest, subject to all debts and liabilities affecting the property,—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(b) in the case of property so belonging, vested or held for the purposes, or by virtue of, functions transferred by virtue of this Act to the Ministry or to the Treasury, in the Ministry or in the Treasury, as the case may be.

(2) Any land which, if this Act had not passed, would have revested in the Commission by virtue of subsection (1) of section two of the M1 Irish Land (Provision for Sailors and Soldiers) Act 1919, shall vest in the Ministry.

(3) Any sporting rights, and rights to, or in relation to, mines or minerals which, if this Act had not passed, would on a sale under the Acts, relating to land purchase have been required to be vested in and reserved to the Commission, shall on a sale under those Acts, be vested in and reserved to the Ministry.

(4) Subject to the provisions of this section, any other property which, if this Act had not passed, would have been required to be transferred to, or vested in, the Commission shall be transferred or vested, subject to all debts and liabilities affecting the property,—

(a) in the case of property which would have been required to be so transferred or vested for the purposes, or by virtue, of functions transferred by virtue of this Act to the High Court, to or in the Accountant-General of the [F2 Court of Judicature]; and

(b) in the case of property which would have been required to be so transferred or vested for the purposes, or by virtue, of functions transferred by virtue of this Act to the Ministry or to the Treasury, to or in the Ministry or the Treasury, as the case may be.

(5) All property representing sums transferred to the Land Purchase Trustee for Northern Ireland under section twenty-seven of the Act of 1925, or representing sums which, before the passing of that Act, had been set apart as mentioned in the said section twenty-seven (being property the income of which is at the appointed day applicable to the purposes mentioned in the said section twenty-seven or to similar purposes in Northern Ireland), shall, by virtue of this Act and without any transfer, vest in the Ministry, subject to all debts and liabilities affecting the property, and any sums which, if this Act had not passed, would have been required to be transferred to the Land Purchase Trustee for Northern Ireland under section twenty-seven of the Act of 1925 shall be transferred to the Ministry subject as aforesaid.

(6) Any land which by virtue of the foregoing provisions of this section would vest in the Treasury shall, in lieu of vesting in them, vest in the Land Purchase Trustee for Northern Ireland.

(7) All property transferred or vested by virtue of this section, shall be so transferred or vested, and be held, for the estate, interest and purposes and subject to the covenants, conditions and restrictions for and subject to which the property would have been transferred, vested and held if this Act had not passed, so far as not modified by virtue of this Act.

Textual Amendments

F1 S. 7(1)(a) repealed by Judicature (Northern Ireland) Act 1978 (c. 23, SIF 38), Sch. 7 Pt. I

F2 Words in Act substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 6; S.I. 2009/1604, art. 2(d)

Modifications etc. (not altering text)

C1 Ministry in s. 7(3) means, in relation to mines and minerals, Department of Economic Development N.I.: Minerals (Miscellaneous Provisions) Act (N.I.) 1959 (c. 17), s. 6 and S.I. 1982/846 (N.I. 11), arts. 4(1), 6

Marginal Citations

M1 1919 c. 82.