Air Navigation and Transport (Amendment) Act, 1998

Liability for loss occurring before vesting day.

58.—(1) A claim in respect of any loss or injury alleged to have been suffered by any person arising out of the performance before the vesting day of the functions assigned to the company by or under this Act shall after that day, lie against the company and, subject to subsection (5) not against the Minister, any other State authority or the State.

(2) Any legal proceedings pending immediately before the vesting day to which the Minister, any other State authority or the State is a party, that relate to a function of the company, shall be continued, with the substitution in the proceedings of the company, in so far as they so relate, for any such party.

(3) Where, before the passing of this Act, agreement has been reached between the parties concerned in settlement of a claim to which subsection (1) relates the terms of which have not been implemented, or judgment has been given in favour of a person but has not been enforced, the terms of the agreement or judgment, as the case may be, shall, in so far as it is enforceable against the Minister, any other State authority or the State, be enforceable against the company and, subject to subsection (5), not against the Minister, any other State authority or the State.

(4) Any claim made or proper to be made by the Minister, any other State authority or the State in respect of any loss or injury arising from the act or default of any person before the vesting day shall, where the claim relates to functions assigned to the company by this Act, be regarded as made by or proper to be made by the company and may be pursued and sued for by the company as if the loss or injury had been suffered by the company.

(5) This section shall not apply to a claim by one State authority against another.