Agriculture (Research, Training and Advice) Act, 1988

Transfer of assets and liabilities of Institute and An Chomhairle to Teagasc.

21.—(1) The following shall be and hereby are transferred to Teagasc on the establishment day:

(a) all property and rights held or enjoyed immediately before that day by the Institute or An Chomhairle, and

(b) all liabilities incurred before that day by the Institute or An Chomhairle that had not been discharged before that day,

and, accordingly, without any further conveyance, transfer or assignment—

(i) the said property, real and personal, shall, on that day, vest in Teagasc for all the estate, term or interest for which, immediately before that day, it was vested in the Institute or An Chomhairle, as the case may be, but subject to all trusts and equities affecting the property and capable of being performed,

(ii) the said rights shall, as on and from that day, be enjoyed by Teagasc, and

(iii) the said liabilities shall, as on and from that day, be liabilities of Teagasc.

(2) All moneys, stocks, shares and securities transferred to Teagasc by this section that, on the establishment day, are standing in the name of the Institute or An Chomhairle shall, upon the request of Teagasc, be transferred into its name.

(3) Every right and liability transferred by subsection (1) to Teagasc by this section may, on or after the establishment day, be sued on, recovered or enforced by or against Teagasc in its own name and it shall not be necessary for Teagasc to give notice to the person whose right or liability is transferred by that subsection of the transfer.

(4) Teagasc shall afford to the Minister, and officers of the Minister and other members of the staff of the Minister in the performance of their functions as such officers and members, free access at all reasonable times to any property referred to in section 60 of the National Agricultural Advisory, Education and Research Authority Act, 1977 , that, immediately before the establishment day was the property of the Minister and shall permit those officers and members to bring onto such property as aforesaid at all reasonable times such machinery and vehicles as are reasonably necessary for the performance of those functions.

(5) (a) The Minister may by order transfer to Teagasc any property referred to in the said section 60 and the order shall operate from its commencement to vest that property in Teagasc without further conveyance, transfer or assignment for all the estate, term or interest for which immediately before such commencement it was vested in the Minister but subject to all trusts and equities affecting the property and capable of being performed.

(b) The Minister may by order amend an order under this subsection (including an order under this paragraph).