PART 6

Transitional Provisions

Continuance of pending legal proceedings.

37. —(1) Any legal proceedings relating to a matter to which a function conferred on the Board by this Act relates and pending immediately before the establishment day to which the Minister, any other State authority or the State is a party shall be continued with the substitution in the proceedings, in so far as they so relate, for any such party of the Board.

(2) The Minister shall, out of moneys provided by the Oireachtas, indemnify the Board against all costs incurred by it in or in connection with legal proceedings referred to in subsection (1).

Transfer of property other than land.

38. —(1) On the establishment day all property, other than land but including choses-in-action, which immediately before that day was the property of the Minister and was used in connection with a function of the Minister corresponding to a function conferred on the Board by this Act shall stand vested in the Board without any assignment.

(2) The Minister may on his or her own initiative and shall, on the application of the Board, issue a certificate in respect of specified property stating, as the Minister thinks proper, that the property vested in the Board under this section or did not so vest and the certificate shall be conclusive evidence of the facts so stated.

(3) Every chose-in-action transferred by subsection (1) to the Board may, after the establishment day, be sued on, recovered or enforced by the Board in its own name and it shall not be necessary for the Board or the Minister to give notice to a person bound by the chose-in-action of the transfer effected by that subsection.

Transfer of rights and liabilities.

39. —(1) All rights and liabilities of the Minister arising by virtue of any contract or commitment (expressed or implied) entered into by him or her before the establishment day in relation to a function of the Minister corresponding to a function conferred on the Board by this Act shall, on that day, be transferred to the Board.

(2) The Minister may on his or her own initiative, and shall on the application of the Board, issue a certificate in respect of a specified contract or commitment stating, as the Minister thinks proper, that the rights and liabilities of the Minister under such contract or commitment were transferred on the establishment day to the Board under this section or were not so transferred, and the certificate shall be conclusive evidence of the facts so stated.

(3) Every right and liability transferred by subsection (1) to the Board may, on and after the establishment day, be sued on, recovered or enforced by or against the Board in its own name and it shall not be necessary for the Board or the Minister to give notice to the person whose right or liability is transferred by this section of such transfer.