Harbours Act, 1996
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Transfer of functions from one company to another company. |
43.—(1) If on an application being made to the Minister by one or more of the companies referred to in this subsection requesting the making of an order under this section, the Minister is of the opinion that the functions conferred on a company or companies by or under this Act in respect of a harbour or harbours could in a more cost-effective and efficient manner be performed by another company, being a company established pursuant to section 7 , he or she may by order transfer the said functions of the company or companies (which or each of which is referred to in this section as a “transferor company”) to that other company (which is referred to in this section as the “transferee company”). | |
(2) An order under this section shall only be made with the consent of each of the companies to which the order relates. | ||
(3) An order under this section shall provide for such of the following matters as the circumstances require: | ||
(a) the transfer to the transferee company of the whole or any part of the undertaking and of the property or liabilities of any transferor company, | ||
(b) the continuation by or against the transferee company of any legal proceedings pending by or against any transferor company, | ||
(c) the transfer into the employment of the transferee company of members of the staff of any transferor company and the scales of pay and conditions of service to apply to such staff, | ||
(d) an alteration in the name of the transferee company, | ||
(e) the dissolution, without winding up, of any transferor company and the disposal for the benefit of the Exchequer of any of its property which is surplus to the requirements of the transferee company, | ||
(f) such incidental, consequential and supplementary matters as are necessary to secure that the transfer of functions shall be fully and effectively carried out. | ||
(4) As respects a member of the staff of a transferor company transferred into the employment of a transferee company by an order under this section, the provisions of sections 39 , 40 and 41 shall, to the extent that they applied to that member before such transfer, continue to apply to him or her after such transfer and while he or she remains in the employment of the transferee company and for this purpose references in the said provisions to a company shall be construed as references to the transferee company and the said provisions shall otherwise be construed so as to have effect in relation to the said person while he or she remains in such employment. |