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Liability for loss occurring before establishment day
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39. (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 establishment day of a function of either of the dissolved bodies shall, on and after that day, lie against the Forum and not against the dissolved body concerned.
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(2) Any legal proceedings pending immediately before the establishment day to which either of the dissolved bodies is a party, that relate to a function of either of the dissolved bodies transferred by this Act, shall be continued on and after that day, with the substitution in the proceedings of the Forum, in so far as they so relate, and the proceedings shall not abate by reason of such substitution.
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(3) Where, before the establishment day, agreement has been reached between the parties concerned in settlement of a claim to which subsection (1) relates, the terms of the agreement have not been implemented, or judgment in such a claim has been given in favour of a person but has not been enforced, the terms of the agreement or judgment, shall on or after that day, in so far as they are enforceable against either of the dissolved bodies be enforceable against the Forum and not the dissolved body concerned.
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(4) Any claim made or proper to be made by either of the dissolved bodies in respect of any loss or injury arising from the act or default of any person before the establishment day shall, on and after the establishment day where the claim relates to a function of either of the dissolved bodies transferred by this Act, be regarded as having been made by or proper to be made by the Forum and may be pursued and sued for by the Forum as if the loss or injury had been suffered by the Forum.
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