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Northern Ireland Land Act 1925

Status:

This is the original version (as it was originally enacted).

SCHEDULES.

Sections 2 & 3.

FIRST SCHEDULESum to be set aside for Redemption or Guaranteed 4 ½ per cent. Bonds

From the aggregate of the amounts paid into the Land Purchase Fund and representing sinking fund, interest or redemption payments in respect of advances made by means of the issue of guaranteed 4 ½ per cent. bonds (including advances so made for the purpose of the Land Purchase Aid Fund) there shall be deducted the amount of the interest on the bonds for the time being outstanding, and the balance as determined in accordance with regulations made by the Treasury shall be the sum to be set aside for the redemption of drawn bonds..

A certificate of the amount available for any drawing of bonds shall be furnished by the National Debt Commissioners to the Treasury, and shall be published in the London Gazette not later than one month before the drawing.

Section 4.

SECOND SCHEDULEBonus in respect op New Purchase Agreements

1The bonus shall be calculated as respects each holding and parcel of untenanted land.

2In the case of each holding the bonus shall be a percentage of the rent and shall be calculated in accordance with the following table :

County.First Term Judicial Rents ; i.e., fixed before 16th August 1896 ; per 100l. of rent.Second Term Judicial Rents ; i.e., fixed between 15th August 1896 and 16th August 19U ; per 10(M. of rent.Third Term Judicial Rents ; i.e., fixed after 15th August 1911 ; per 1001. of rent.
A rent which is not a judicial rent shall be treated as a second term judicial rent for the purposes of the foregoing table.
£££
Antrim245.2188.8134.6
Armagh240.7216.0133.0
Down244.1188.0134.4
Fermanagh240.7211.4164.2
Londonderry254.0191.0135.8
Tyrone249.5188.0134.4

3In the case of each parcel of untenanted land the bonus shall be a percentage of the fair annual value of the land to the owner as determined by the Commission, and the last preceding rule shall apply in like manner as if the parcel were a holding and the fair annual value as so determined were a third term judicial rent.

4Where a holding or parcel of untenanted land is situated in two or more counties, or in a county borough, or partly in a county borough and partly in one or more counties, the holding or parcel shall for the purposes of this Schedule be deemed to be situated in such county as the Commission may determine.

5Where a holding which is subject to a third term judicial rent is, under Part I. of the Third Schedule to this Act, treated as if it were still subject to the second term judicial rent, it shall be so treated for the purposes of this Schedule also.

Section 9.

THIRD SCHEDULEStandard Purchase Annuity

PART IHoldings subject to Judicial Rents

1The standard purchase annuity shall, in the case of each holding, be an annuity of an amount equivalent to a percentage of the judicial rent payable in respect of the holding.

2The appropriate percentage in the case of each holding shall be the percentage specified in the following table for the county in which the holding is situated and for judicial rents of the same class as the judicial rent which is payable in respect of the holding, according as it is a first term, second term, or third term judicial rent: Provided that where the said rent is a third term judicial rent and the holding was previously subject to a second term judicial rent, the holding shall be treated as if no third term rent had been fixed and it were still subject to the second term rent in any case where the standard purchase annuity calculated on that basis would be less than if calculated on the basis of the third term rent.

3A holding which is situated in two or more counties or in a county borough or partly in a county borough and partly in one or more counties shall, for the purposes of this Schedule, be deemed to be situated in such county as the Commission may determine.

PERCENTAGE.

CountyFirst Term Judicial Rents, i.e., fixed before the 16th August 1896.Second Term Judicial Rents, i.e., fixed between the 15th August 1896 and the 16th August 1911.Third Term Judicial Rents, i.e., fixed after the 15th August 1911.
Antrim71.582.688.4
Armagh70.281.087.3
Down71.282.388.2
Fermanagh70.279.386.2
Londonderry74.183.689.1
Tyrone72.882.388.2

PART IIHoldings subject to Rents other than Judicial Rents

1The rent of a holding to which this Part of this Schedule applies shall, for the purposes of this Schedule, be treated as if it were a second term judicial rent unless an objection is made by the landlord or the tenant in the prescribed manner and within the prescribed time, and, in the absence of any such objection, the standard purchase annuity in the case of the holding shall be a percentage of the actual rent and shall be ascertained in accordance with Part I. of this Schedule.

2If any objection is made as aforesaid, the Commission shall fix an annual sum in respect of the holding, and the standard purchase annuity shall be a percentage of that annual sum and shall be ascertained in accordance with Part I. of this Schedule as if such annual sum were a third term judicial rent.

3The annual sum to be fixed by the Commission as aforesaid shall be fixed by the Commission upon the same principles as a judicial rent after receiving the report of their inspector, but without a hearing in court, and their determination shall be subject to appeal to the Judicial Commissioner:

Provided that where a holding or part of a holding is of such a character or the tenancy was created at such time or in such circumstances that an annual sum fixed on the principles applicable to a judicial rent would be inappropriate as a basis of price, the Commission in fixing the annual sum shall have regard to all the circumstances of the case, including the interests of the parties and the respective values thereof.

4The procedure on an appeal under the foregoing paragraph shall, subject to rules to be made under this Act, be similar to the procedure on appeals from a Sub-Commission under the Land Law (Ireland) Acts and the rules may provide for the Judicial Commissioner being assisted by a lay assessor and may prescribe the powers and duties of such assessor.

5The standard price calculated on the basis of an annual sum so fixed by the Commission shall be taken as the purchase money for the purpose of the calculation and payment of interest under this Act, notwithstanding that an appeal is pending as to the annual sum, but any payments so calculated shall be the subject of adjustment when the price is finally fixed.

6This Part of this Schedule applies to every holding which (a) at the date of the passing of this Act is subject to a rent other than a judicial rent, and (b) vests, or will vest, as tenanted land in the Commission by virtue of Part II of this Act:

Provided that where an agreement has been made fixing the fair rent of a holding under the Land Law (Ireland) Acts, that rent shall not be deemed to be a judicial rent for the purposes of this Act, unless the agreement was entered into -before the sixteenth day of December 1924, and has been duly filed in accordance with the rules for the time being in force under those Acts.

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