HC Deb 16 September 1909 vol 10 cc2431-3

(1) The percentage payable under Section forty-eight of the Act of 1903 shall be calculated at the rates specified in the First Schedule to this Act, and for the purposes of that Section the percentage at the rates so specified shall be deemed to be the percentage under that Section:

Provided that—

  1. (a) the percentage payable on the purchase money of an estate, which consists of or includes lands in respect of which there are purchase agreements entered into or deemed in pursuance of this Section to have been entered into on or before the twenty-fourth day of November nineteen hundred and eight shall (so far as the percentage is payable in respect of the purchase of those lands) be calculated at the rate of twelve per cent. instead of being calculated under this Section; and
  2. (b) where any percentage calculated under this Section is payable at a higher rate than five per cent., any sum by which the amount of per- 2432 centage exceeds the amount which would have been payable if the percentage were calculated at the rate of five per cent. shall be added to the purchase money and not paid to the vendor.

(2) An agreement for the purchase of any estate or land, though not entered into on or before the twenty-fourth day of November, nineteen hundred and eight, shall be deemed, for the purposes of this Section, to be a purchase agreement entered into on or before that date, where on or before that date—

  1. (a) the vendor has lodged an originating request in manner provided by rules made under the Act of 1903 with a view to the purchase of the estate or land by the Land Commission under Section six of that Act or by the Congested Districts Board under Section seventy-nine of that Act; or
  2. (b) the vendor has accepted a preliminary estimate of price made by the Land Commission with a view to the purchase of the estate or land under Sections six or eight of the Act of 1903, or entered into a preliminary agree- 2433 ment with the Congested Districts Board with a view to the purchase of the estate or land under Section seventy-nine of that Act; or
  3. (c) the Land Commission under Section seven or the Congested Districts Board under Section seventy-seven of the Act of 1903 have made an offer (which is eventually accepted) to the land judge for the purchase of the estate or land; or
  4. (d) the Estates Commissioners have made an offer for the purchase of the estate or land under Sub-section (4) of Section two of the Evicted Tenants (Ireland) Act, 1907.

(3) So much of Section forty-seven of the Act of 1903 as limits the total of the sums payable to the Land Purchase Aid Fund to twelve million pounds shall cease to have effect.

Amendment made in Section (1) to leave out paragraph (b).