I move that the Committee agree with the Seanad in amendment No. 10:—
SECTION 29.
Sub-sections (12) and (13) deleted and the following sub-sections substituted:—
(12) Where any land is disposed of by virtue of an authorisation under paragraph (f) of sub-section (7) or paragraph (a) of sub-section (9) of this section—
(a) the disposal shall operate to vest the land in the person to whom it is disposed of in fee simple subject to any purchase annuity, funding annuity, annual sum or other payment payable to the Land Commission in respect thereof and any charge thereon under the Public Works Acts or the Land Reclamation Act, 1949 (No. 25 of 1949), (including any arrears of such purchase annuity, funding annuity, annual sum, payment or charge), but, save as aforesaid, freed and discharged from the trusts of the scheme and from all estates, claims or incumbrances of all persons whomsoever who are interested in the land,
(b) if the person to whom the land is disposed of is the Land Commission, the Land Commission shall be entitled to enter on and take possession of the land and Section 19 of the Land Act, 1927, shall apply accordingly.
(13) Any land which becomes vested in the Land Commission pursuant to sub-section (11) or sub-section (12) of this section shall be subject to the provisions of the Land Act, 1923, as amended by subsequent Acts (including this Act), as to the provision of parcels of land for the persons or bodies mentioned in Section 31 of the Land Act, 1923, as amended as aforesaid.
(14) On the revocation under this section of the whole of a scheme and of all the trusts thereof, or on the revocation, variation or addition under this section of or to any terms or trusts of a scheme (including the substitution of any of the extended purposes for any existing purpose of the scheme) the following provisions shall have effect:—
(a) notice of the revocation, variation, addition or substitution shall be given in the prescribed manner to the trustee or trustees and to any other persons appearing to the Land Commission to be affected;
(b) at any time within six months after the giving of such notice—
(i) any beneficiary under the scheme or trusts who, as such beneficiary, has sustained loss by the revocation, variation, addition or substitution, and
(ii) in the case of a revocation, any person from whose estate, claim or incumbrance the land to which the scheme and trusts relate was, by virtue of paragraph (a) of sub-section (11) of this section, freed and discharged and who has suffered loss by such freeing and discharge,
may apply to the Land Commission for compensation to be paid by them in respect of such loss.
(15) On the disposal of any land under an authorisation under paragraph (f) of sub-section (7) or paragraph (a) of sub-section (9) of this section, the following provisions shall have effect:—
(a) notice of the disposal shall be given in the prescribed manner to all persons (other than the trustees of the scheme) appearing to the Land Commission to be affected;
(b) at any time within six months after the giving of such notice—
(i) any beneficiary under the scheme or trusts thereof who, as such beneficiary, has sustained loss by the disposal, and
(ii) any person from whose estate, claim or incumbrance the land was, by virtue of paragraph (a) of sub-section (12) of this section freed and discharged and who has suffered loss by such freeing and discharge,
may apply to the Land Commission for compensation to be paid by them in respect of such loss.
(16) No compensation shall be payable under sub-section (14) or sub-section (15) of this section—
(i) in respect of any loss which is the loss of a chance of being selected as a recipient of benefits under the scheme or trusts, or
(ii) in respect of any loss in relation to which the Land Commission certify under seal that the applicant for compensation has been offered, or is or will be provided with, any specified right, interest or equity which the Land Commission are satisfied is of not less value to him than what he has lost.
(17) Every question arising under sub-section (14), sub-section (15) or sub-section (16) of this section (including any question as to the right to or amount of compensation) shall, in default of agreement, be decided by the lay commissioners, but there shall be a right of appeal to the Appeal Tribunal and the decision of the Appeal Tribunal shall be final save that an appeal shall lie to the Supreme Court on questions of law.