Transport (Railway Infrastructure) Act, 2001

Transfer of rights and liabilities.

34.—(1) All rights or liabilities of CIÉ arising by virtue of any contract or commitment (expressed or implied) entered into by it before the establishment day in relation to any of the orders made under the Act of 1996 shall on that day stand transferred to the Agency.

(2) The Minister shall on the application of CIÉ or the Agency issue a certificate in respect of a specified contract or commitment certifying, as he or she thinks proper, that the rights and liabilities of CIÉ thereunder were transferred on the establishment day to the Agency under this section or were not so transferred to the Agency and the certificate shall be conclusive evidence of the facts so certified.

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