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Transfer of assets and liabilities of Board.
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37.—(1) Notwithstanding anything to the contrary contained in section 7 of the Act of 1961, the Minister for Health and Children may, with the consent of the appropriate Minister, by order transfer or assign on a specified day or days to the Authority or other public body in respect of which there is an appropriate Minister—
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(a) all or a specified part of the property enjoyed by the Board and rights in relation to such property so transferred or assigned, and
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(b) all or any specified class of liabilities incurred by the Board that have not been discharged prior to such transfer or assignment,
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and, accordingly, without further conveyance, transfer or assignment—
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(i) the said property, real and personal, shall on that day, vest in the public body for all the estate, term or interest for which, immediately before the day concerned, it was so vested in the Board, but subject to all trusts and equities affecting the property and capable of being performed,
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(ii) the said rights shall, as on and from the day concerned, be enjoyed by the public body, and
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(iii) the said liabilities shall, as on and from the day concerned, be liabilities of the public body.
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(2) All property and rights relating thereto transferred or assigned to the public body by order under subsection (1) that, on the day concerned, were so standing in the name of the Board shall, upon the request of the public body, be transferred into the name of the public body.
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(3) Any liabilities incurred by the Board which are transferred or assigned to the public body by order under subsection (1) may, from the day they are so transferred or assigned, be sued on, recovered or enforced by or against the public body in its own name and it shall not be necessary for the public body to give notice to the person whose liability has been so transferred or assigned.
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(4) In this section “the appropriate Minister”, in relation to a public body, means—
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(a) in the case of the Authority, the Minister,
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(b) in the case of a public body for which the Minister for Enterprise, Trade and Employment has, by virtue of any enactment, specific functions vested in him or her in respect of the body which are or include functions exercisable directly or indirectly of a general supervisory nature, that Minister,
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(c) in the case of a public body for which the Minister for Social, Community and Family Affairs has, by virtue of any enactment, specific functions vested in him or her in respect of the body which are or include functions exercisable directly or indirectly of a general supervisory nature, that Minister, and
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(d) in the case of a public body for which the Minister for Education and Science has, by virtue of any enactment, specific functions vested in him or her in respect of the body which are or include functions exercisable directly or indirectly of a general supervisory nature, that Minister.
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