Local Authorities, Education Training Boards and Teagasc
The power of a Local Authority to dispose of or lease property which it does not require for the performance of its functions and duties, is restricted by various Acts. Generally speaking, the consent of the appropriate Minister is necessary to a transfer or lease.
To comply with Section 59 (2) of the Registration of Titles Act 1964, on first registration of such property, or when any officer is making a registration on a folio containing such property, he shall procure the entry of the following note on the folio:-
“The property herein having been acquired by the registered owner thereof for its statutory purposes is subject to such restrictions against alienation or letting as may be contained in the Statutory Enactments relating to such property.”
The Education and Training Boards Act 2013, which commenced on 1st July 2013, established Education Training Boards in place of Vocational Education Committees. The powers of these bodies of dealing with its property are also limited therefore, on first registration of such property, or when any officer is making a registration on a folio containing such property, he shall procure the entry of the following note on the folio:-
“The property herein is subject to the restrictions against alienation or letting contained in Section 53 and Schedule 3 of the Education and Training Boards Act 2013 without the consent of the Minister for Education and Skills”.
Teagasc-The Agriculture and Food Development Authority, which was established in September 1988 under the Agricultural (Research, Training and Advice) Act 1988, replaced Committees of Agriculture.
Section 4 of the Agriculture (Amendment) Act 1958 required that Committees of Agriculture obtain the consent of the Minister of Agriculture before disposing of land. However, under Section 22 of the 1988 Act, all property and assets of Committees of Agriculture transferred to the Minister. No prohibition note is required in respect of property vested in Teagasc.
Registrar of Titles
21 April 1998
Content revised 19 May 2014