Transport (Railway Infrastructure) Act, 2001

Transfer of property.

33.—(1) On the establishment day all property, including choses-in-action, which immediately before that day was the property of CIÉ and was used in connection with any of the orders made under the Act of 1996 shall stand vested in the Agency without any assignment, unless, in respect of specified property, the Minister otherwise decides.

(2) The Minister shall, on the application of CIÉ or the Agency, issue a certificate in respect of specified property, certifying, as he or she thinks proper, that the property vested in the Agency under this section or did not so vest in the Agency and the certificate shall be conclusive evidence of the facts so certified.

(3) Every chose-in-action transferred by subsection (1) to the Agency may, after the establishment day, be sued on and recovered or enforced by the Agency in its own name and it shall not be necessary for the Agency or CIÉ to give notice to the person bound by the chose-in-action of the transfer effected by the subsection.

(4) The Minister may, by order or orders, on such occasions and on such terms and conditions as he or she sees fit, transfer such other property connected with light railway or metro from CIÉ to the Agency as it needs to carry out its functions.

(5) The Minister may, on the application of CIÉ, issue a certificate in respect of specific property, certifying, as he or she thinks proper, that the property shall not be transferred from CIÉ to the Agency at any point in time.