Agricultural and Food Supply Chain Act 2023
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Transfer of functions to regulator | ||
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19. (1) The functions vested in the Minister by the European Union (Unfair Trading Practices in the agricultural and food supply chain) Regulations 2021 ( S.I. No. 198 of 2021 ) are transferred to the regulator on the establishment day (together with any rights, liabilities, administration and business in connection with those functions). | ||
(2) In so far as necessary or appropriate in connection with the transfer under subsection (1)— | ||
(a) on and after the establishment day, references to the Minister in any Act or instrument are to be read as being or including references to the regulator, | ||
(b) anything commenced before the establishment day by the Minister may be continued on or after that day by the regulator, | ||
(c) where legal proceedings, to or in which the Minister is party or prosecutor, are pending immediately before the establishment day, on and after that day the name of the regulator shall be taken to be substituted for that of the Minister (and the proceedings shall not abate by reason of the substitution), | ||
(d) any bond, guarantee or other security of a continuing nature made or given by or to the Minister that is in force immediately before the establishment day, and every contract or agreement made between the Minister and any person that is in force immediately before the establishment day, shall continue in force on and after that day and shall be construed and have effect as if the name of the regulator was substituted for the Minister, and | ||
(e) any document granted or made by the Minister in the exercise of a function before the establishment day shall continue in force on and after that day as if it had been granted or made by the regulator (and shall be construed and have effect accordingly). | ||
(3) Rights and liabilities transferred to the regulator by this section may, on or after the establishment day, be sued on, recovered or enforced by or against the regulator in its own name and it shall not be necessary for the regulator to give notice of the transfer to a person whose right or liability is transferred by this section. |