Domestic, Sexual and Gender-Based Violence Agency Act 2023
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Preservation of contracts | ||
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26. (1) Subject to subsection (2), every contract, agreement or arrangement made between the Child and Family Agency and any other person, which is in force immediately before the establishment day and relates to a function transferred to the Agency under section 24 (1), shall continue in force on and after that day and shall be construed and have effect as if the name of the Agency were substituted therein for that of the Child and Family Agency and shall be enforceable by or against the Agency. | ||
(2) Where a contract, agreement or arrangement relates to a service required in connection with the performance of a function transferred under section 24 (1) and also relates to a service required in connection with the performance of a function which, after the establishment day, remains a function of the Child and Family Agency— | ||
(a) the Agency and the Child and Family Agency may agree in writing that such contract, agreement or arrangement shall continue in force as if the name of the Agency were included therein with that of the Child and Family Agency or, as may be appropriate, its trustee or agent, and | ||
(b) where paragraph (a) applies, the contract, agreement or arrangement concerned shall be enforceable by or against the Agency in so far as the service the subject matter of the contract, agreement or arrangement is required in connection with the performance of a function transferred under section 24 (1) and by or against the Child and Family Agency in so far as the service the subject matter of the contract, agreement or arrangement is required in connection with the performance of a function of the Child and Family Agency. |