Energy (Miscellaneous Provisions) Act, 1995

Vesting of assets of town gas utilities in Bord Gáis Éireann.

14.—(1) The Minister may by order provide that all or such part or parts as shall be specified in the order of the real and personal property, rights and liabilities of a company mentioned in the Table to this section shall vest in Bord Gáis Éireann (hereafter in this section referred to as “the Board”) on a day specified in the order.

(2) An order under subsection (1) shall operate to vest in the Board on the day specified in the order—

(a) in so far as the order relates to real property of the company concerned, that property for all the estate or interest for which immediately before the day specified in the order it was vested in the company concerned, but subject to all trusts and equities affecting that property subsisting and capable of being performed;

(b) in so far as the order relates to personal property (including choses-in-action) of the company concerned, that property without any assignment;

(c) in so far as the order relates to rights and liabilities of the company concerned, those rights and liabilities.

(3) Where immediately before the day specified in an order under subsection (1) for the vesting by such order of property, rights or liabilities of a company in the Board any legal proceedings concerning the property, rights or liabilities are pending and the company is a party to those proceedings, then, on and from the said day, those proceedings shall be continued with the substitution of the name of the Board for that of the company and those proceedings shall not abate by reason of such substitution.

(4) Every chose-in-action vested in the Board by an order under subsection (1) may, after the day specified in the order for such vesting, be sued on, recovered or enforced by the Board in its own name and it shall not be necessary for the Board to give notice to the person bound by the chose-in-action of the vesting effected by the order.

(5) Section 12 of the Finance Act, 1895 , shall not apply to the vesting in the Board of property or rights by an order under subsection (1).

(6) An order under subsection (1) shall not be made in relation to the property, rights or liabilities of the Dublin Gas Company other than the property, rights and liabilities of that company specified in an agreement made on the 3rd day of November, 1987, between the Dublin Gas Company of the first part, Bernard Somers, the receiver of the property of that company of the second part and the Board of the third part.

TABLE

Dublin Gas Company

Limerick Gas Company Limited

Cork Gas Company

City of Waterford Gas Company

Clonmel Gas Company Limited