Section 2 (Land (Non-residents) Ordinance 1999)
(1) For the purposes of this Ordinance, an individual shall be regarded as being resident in the Falkland Islands-
(i) under the provisions of section 22(5) of the Constitution he is to be regarded as belonging to the Falkland Islands; and
[Revision w.e.f. 31/07/2017]
(ii) he is ordinarily resident in the Falkland Islands; or
(i) he has under the provisions of the Immigration Ordinance 1987 been granted a permanent residence permit; and
(ii) he is ordinarily resident in the Falkland Islands.
(2) For the purposes of this Ordinance, a body corporate is to be regarded as being resident in the Falkland Islands-
(a) if it is a statutory corporation created or continued under any Ordinance of the Falkland Islands;
(b) if it is a company incorporated in the Falkland Islands and at least seventy-five per cent of its share capital carrying voting rights at general meetings of the company are beneficially owned by individuals who, under the provisions of subsection (1) of this section are to be regarded as being resident in the Falkland Islands
[S. 3(a) and (b)/Ord. 12/15/w.e.f. 29/2/16 (as corrected by S.R. & O. 2/16/w.e.f. 29/2/16).]
(c) if it is a company, incorporated outside the Falkland Islands to which section 3(1) of this Ordinance for the time being applies.
(3) For the purposes of subsection (1) of this section, an individual is ordinarily resident in the Falkland Islands if he usually lives in the Falkland Islands.
(4) Her Majesty in right of Her Government of the United Kingdom, as well as in right of Her Government in the Falkland Islands, shall for the purposes of this Ordinance be regarded as being resident in the Falkland Islands and, accordingly, no licence under this Ordinance is required in relation to the acquisition of land in the Falkland Islands by or for any Department, Ministry or other division of Her Majesty's Government in the United Kingdom.
(5) For the purposes of this Ordinance, "land" has the meaning given by section 4(2).
Section 7 (Land (Non-residents) Ordinance 1999
Inheritance of land under will or intestacy
(1) Subsections (2) to (5) of this section apply subject to subsection (6).
(2) Notwithstanding the preceding provisions of this Ordinance, and subject to this section, a licence is not required by a non-resident person to hold land in the Falkland Islands which he inherits or which becomes his property under or by virtue of the will or intestacy of his predecessor in title but he shall, if he has not previously disposed of his whole right title and interest in and to the land ("his ownership of the land"), and he is not then resident in the Falkland Islands, apply for a licence under section 5(1) not later than the third anniversary of the date on which the land vested in or was transferred to him and if such a licence is not granted within three months after such third anniversary or has not previously been granted to him in respect of that land, he shall dispose of his ownership of the land within the twelve months next following the expiry of such three months.
(3) Where a person does not dispose of his ownership of the land which he is required to dispose of by the provisions of subsection (2) within the time thereby limited or such greater period of time as may be allowed by the Governor under subsection (4), his ownership of the land shall on expiry of that time vest in Her Majesty in right of Her Government of the Falkland Islands, and subsection (5) shall apply in relation to the land, the proceeds of sale of the land and the profits of the land pending sale.
(4) The Governor may at any time before the expiry thereof extend the time within which a person would otherwise be required under subsection (2) to dispose of his ownership of the land.
(5) Where land has vested in Her Majesty under subsection (3)-
(a) and the land has vested in Her Majesty for any estate or interest less than the estate in fee simple absolute in possession, or in the opinion of the Governor the ownership of the land would, by reason of onerous obligations imposed by a predecessor in title which may be binding upon Her Majesty, be contrary to Her Majesty's interests, the Governor may at any time by notice in writing disclaim the same, whereupon the estate or interest of Her Majesty in the land shall vest in and merge with the estate or interest in the land immediately superior to that of Her Majesty, or if none, with the estate or interest in the land immediately inferior to that of Her Majesty; but
(b) unless the Governor disclaims the land under paragraph (a) he shall cause the same to be sold as soon as reasonably possible at the best price reasonably obtainable from a person resident in the Falkland Islands (provided that he shall have power, without liability for loss, to postpone the sale for so long as in his opinion is reasonably and prudently necessary so as to realise a proper price from a person resident in the Falkland Islands) and shall pay the price received and the profits (if any) of the land pending sale received by Her Majesty, less the reasonable costs of and incidental to such sale and the reasonable cost of management of the land pending sale (including the cost of repairs, maintenance and insurance), to the person from whom the land was divested under subsection (2).
(6) Nothing in this Ordinance which would require a non-resident to hold a licence to acquire land applies, and nothing in subsections (2) to (5) of this section applies, to an interest in land consisting of a share in partnership which owns land if-
(a) the partnership is one or a continuation of one to which the Companies and Private Partnerships Ordinance applied immediately before the commencement of this Ordinance, and
(b) the share in the partnership is acquired by the non-resident under or by virtue of the terms of a will or intestacy of a prior owner of that share in the partnership.
(7) The Attorney General may apply to the Supreme Court for a declaration that the land described in the application has vested in Her Majesty under subsection (3) of this section and the Supreme Court may grant such a declaration and make such order incidental thereto as it thinks fit.
Section 5 (Land (Non-residents) Ordinance 1999
Licenses to hold land or an interest in land in the Falkland Islands
(1) A person who is not resident in the Falkland Islands may apply to the Governor for a licence to hold land in the Falkland Islands, and the Governor may grant such a licence either free of conditions or subject to such conditions to be performed by the licensee as the Governor considers necessary or convenient in the particular circumstances of the case. Any such condition is enforceable by civil proceedings in the Supreme Court brought by or on behalf of Her Majesty in right of Her Government in the same manner (including by an order for specific performance or by an award of damages) as if it had been a condition of a contract for valuable consideration entered into by the licensee with Her said Majesty, but unless it is informed to the contrary by or on behalf of Her Majesty, the court shall proceed on the basis that an award of damages is not a sufficient remedy.
(2) Without prejudice to the generality of the Governor's powers under subsection (1) to impose conditions on the grant of a licence, such powers include power to impose conditions requiring the licensee to carry out such works as may be specified in the licence upon the land the subject of the licence or in the neighbourhood of the land, in so far, in the case of conditions requiring works to be carried out in the neighbourhood of the land, as such works are reasonably incidental to the use the licensee intends to make of the land the subject of the licence.
(3) A condition imposed under subsection (1) shall not require the payment of any sum of money to any person.
(4) A licence granted under subsection (1) shall cease to have effect if the land or interest in land to which it relates if not already owned by the licensee is not acquired by the licensee within three years of the date on which the licence was granted.
(5) Every application for the grant of a licence under subsection (1) shall identify the land or interest in land to which it relates and shall contain such other information as may be prescribed by regulations made under subsection (6).
(6) The Governor may make such regulations as he considers necessary or convenient to be made for the better implementation of the purposes of this section, and without prejudice to the generality of the foregoing provisions of this subsection, such regulations may-
(a) require the payment to the Governor of a fee of such amount as may be prescribed by the regulations on the making, or alternatively upon the granting, of an application for a licence under subsection (1);
(b) require the submission of plans and details of the applicant's proposals in relation to the land to which the application relates;
(c) where the application is a company, require the submission of such information in relation to the constitution of and ownership and control of the company as the Governor may require in connection with the application; and
(d) may enable the registration of conditions of licences under the provisions of the Land Charges Ordinance 1996.
Section 4 (Land (Non-residents) Ordinance 1999
Non-residents to obtain licences to hold land
(1) Subject to this Ordinance, it is unlawful for a person who is neither resident in the Falkland Islands nor under this Ordinance to be treated as being resident in the Falkland Islands to acquire or purport to acquire for his own benefit any land or interest in land in the Falkland Islands.
(2) For the purposes of this section, but subject to subsection (3)-
(a) a person acquires land if he knowingly acquires for his own benefit a freehold or leasehold estate in land or contracts to acquire a freehold or leasehold estate in land whether he does so in his own name alone, jointly with others or through a nominee or trustee of any kind, and whether by or under a trust, settlement, resulting or constructive trust or any other device or arrangement, whether or not of a like or similar nature to any of the foregoing;
(b) "land" includes land wholly or partly covered by water and includes any building or structure forming part of any land and any interest in land;
(c) "interest in land" includes a mortgage, charge or debenture affecting land, any right to occupy land and any equitable interest in land.
(3) Where any land or an interest in land in the Falkland Islands has been acquired by a company and-
(a) at the time of the acquisition the company was by virtue of section 2(2)(b) for the purposes of this Ordinance to be regarded as being resident in the Falkland Islands; but
(b) at a later time while the company still holds that land or interest in land section 2(2)(b) is no longer satisfied in relation to that company,
the company shall be deemed for the purposes of subsection (1) of this section to have acquired that land or interest at that later time (and so that it is unlawful for the company to continue to hold that land or interest in land unless it obtains a licence under section 5 authorising it so to do).
(4) Nothing in subsection (1) applies-
(a) to any lease, agreement, licence or arrangement, other than one involving acquisition of the freehold estate, whereby an individual is entitled for an indefinite period or a fixed period not exceeding three years to the use of land not exceeding two acres in area as his residence, and provided that he does not use any part of that land, or any buildings thereon for the purpose of any trade, business or profession and that he does not part with the possession of the whole or any part thereof to any other person other than a person who is a dependent or bona fide employee of his;
(b) so as to prevent any person who is not resident in the Falkland Islands holding any land upon trust for any person who is resident, and provided that the trust is effected in writing and the identity of the person for whom the land is held is apparent from the face of the trust instrument;
(c) to any contract or option for sale or lease so long as the purchaser or lessee is neither entitled to enter into possession nor actually enters into possession of the land to which it relates, until a licence under section 5 has been obtained;
(d) to any lease, agreement, licence in writing or other instrument under which a person is entitled to occupy for business purposes for not more than twelve months certain any land not exceeding (in aggregate with all other land which the person is entitled to occupy in relation to which no licence under this Ordinance has been obtained, and to which this paragraph applies) five acres in area (and for the purposes of this paragraph, an individual and his spouse are to be deemed to be one person, and any company in which an individual or his spouse or both of them in combination owns more than twenty-five per cent of the share capital carrying voting rights at general meetings of the company is to be deemed to be the same person as that individual, and two or more companies in both or all of which an individual or his spouse or both of them in combination own more than twenty-five per cent of the share capital carrying voting rights at general meetings are to be deemed to be one and the same person).
(5) Section 6 applies where a person who is not for the purposes of this Ordinance resident in the Falkland Islands or to be treated as being resident in the Falkland Islands acquires land in breach of subsection (1) of this section.
(6) Where by virtue of subsection (3) it becomes unlawful for a person to continue to hold land, unless the Governor shall direct otherwise or a licence under section 5 shall have been obtained before the expiration of three months from the date on which the unlawfulness arose, section 6 applies in respect of the land in question.