S.I. No. 328/1987 - The Local Government (Corporate Bodies) (Revocation) Order, 1987.

S.I. No. 328 of 1987.

THE LOCAL GOVERNMENT (CORPORATE BODIES) (REVOCATION) ORDER, 1987.

The Minister for the Environment in exercise of the powers conferred on him by section 5 of the Local Government Services (Corporate Bodies) Act, 1971 (No. 6 of 1971) hereby orders as follows—

1. This Order may be cited as the Local Government (Corporate Bodies) (Revocation) Order, 1987.

2. In this Order—

"the appointed day" means the 1st day of January, 1988;

"the corporate bodies" means the Fire Prevention Council, the National Road Safety Association and the Irish Water Safety Association;

"the Council" means the National Safety Council established by the National Safety Council (Establishment) Order, 1987 ( S.I. No. 327 of 1987 ).

3. On the appointed day, the corporate bodies shall be dissolved and the Fire Prevention Council (Establishment) Orders, 1978 to 1986, the National Road Safety Association (Establishment) Order, 1974 ( S.I. No. 103 of 1974 ) and the Irish Water Safety Association (Establishment) Order, 1980 ( S.I. No. 244 of 1980 ) shall be revoked.

4. The following provisions shall apply in relation to the dissolution of the corporate bodies—

( a ) (i) All property, whether real or personal (including chosen-in-action), which immediately before the appointed day was vested in or belonged to or was held in trust for any of the corporate bodies and all rights, powers and privileges relating to or connected with any such property shall on the said day, without any conveyance or assignment but subject where necessary to transfer in the books of any bank, corporation or company, become and be vested in and be the property of or held in trust for (as the case may require) the Council for all the estate term of interest for which the same immediately before the appointed day was vested in or belonged to or was held in trust for any of the said bodies but subject to all trusts and equities affecting the same and then subsisting and capable of being performed.

(ii) All property transferred by paragraph (a) (i) which, immediately before the appointed day was standing in the books of any bank or was registered in the books of any bank, corporation or company in the name of any of the corporate bodies shall, upon the request of the Council be transferred in such books by such bank, corporation or company into the name of the Council.

(iii) After the appointed day, every chose-in-action transferred by paragraph (a) (i) from any of the corporate bodies to the Council may be sued upon, recovered or enforced by the Council in its own name and it shall not be necessary for the Council to give notice to the person bound by such chose-in-action of the transfer effected by the said paragraph.

( b ) (i) Every debt and other liability (including mortgage debts and also including unliquidated liabilities arising from torts or breaches of contract) which immediately before the appointed day was owing and unpaid or had been incurred and was undischarged by any of the corporate bodies shall, on the said day, become and be the debt or liability of the Council and shall be paid or discharged by and may be recovered from or enforced against the Council accordingly.

(ii) The dissolution of the corporate bodies shall not invalidate or affect any paying order which may have been issued by any of the bodies concerned and not presented for payment before the appointed day or any authority given by them for the payment of the amount of such paying order, and the Council shall make arrangements for the payment of the amount of every such paying order upon due presentation within a reasonable time after the said day.

( c ) Every bond, guarantee or other security of a continuing character made or given by any of the corporate bodies to an other person or by any person to any of the bodies concerned and in force immediately before the appointed day and every contract or agreement in writing made between any of the bodies concerned and another person and not fully executed and completed before the said day shall, notwithstanding the dissolution of the bodies concerned continue in force after the said day but shall be construed and have effect as if the Council's name were substituted therein for the name of any of the bodies concerned and such security, contract or agreement shall be enforceable by or against the Council accordingly.

( d ) Every resolution passed, order made and notice served by any of the corporate bodies on or before the appointed day the operation, effect or term of which had not ceased or expired on or before the said day shall, after the said day continue in force and have effect as if it were a resolution passed, order made or notice served by the Council on the date on which the same was actually passed, made or served by any of the bodies concerned and as if the functions of the said bodies were on the said date, performable by the Council.

( e ) In every action, suit, prosecution or other proceeding which stood pending immediately before the appointed day in any court or tribunal and to which any of the corporate bodies was a party, the Council shall on the said day become and be a party in the place of the body concerned and such proceeding shall be continued between the Council and the other parties thereto accordingly, and no such proceeding shall abate or be discontinued, or prejudically affected by reason of the dissolution of the bodies concerned.

( f ) (i) All books and other documents directed or authorised by or under any statute or statutory instrument to be kept by the corporate bodies and which, immediately before the appointed day, would be receivable in evidence shall notwithstanding the dissolution of the bodies concerned be admitted in evidence after the said day as full as if the bodies concerned had not been dissolved.

(ii) Whenever an extract from or certificate of the contents of any book or other document directed or authorised by or under any statute or statutory instrument to be kept by the corporate bodies would, if verified in a particular manner by a particular officer of any of the bodies concerned, have been admissible immediately before the appointed day as evidence of such contents, an extract from or certificate of the contents of such book or document shall, if certified in such particular manner by an officer of the Council, authorised by the Council in that behalf, be admitted, after the said day, as evidence of such contents to the same extent as such first mentioned extract or certificate would have been so admitted if the body concerned had not been dissolved.

( g ) Any person who, immediately before the appointed day, was in the employment of any of the corporate bodies shall, on the appointed day, be transferred to employment under the Council.

GIVEN under the Official Seal of the Minister for the Environment this 18th day of December, 1987.

PADRAIG FLYNN,

Minister for the Environment.

EXPLANATORY NOTE

The effect of this Order is to dissolve with effect from 31st December, 1987 the Fire Prevention Council, the National Road Safety Association and the Irish Water Safety Association, which were established as corporate bodies under the Local Government Services (Corporate Bodies) Act, 1971 and to transfer the staff, assets, liabilities etc. of these three bodies to the National Safety Council.