|
|
Continuance of pending legal proceedings.
|
19.—(1) In every action, suit, prosecution or other proceeding relating to any powers or functions of the existing board, other than powers and functions relating to the relief of the poor, which is pending on the appointed day in any court or tribunal and to which the existing board is a party, the successor or successors of the existing board within the meaning of this section shall, on the appointed day, become and be a party or parties (as the case may be) to such proceeding in the place of the existing board, and such proceeding shall be continued between such successor or successors and the other parties thereto accordingly, and no such proceeding shall abate or be discontinued or prejudicially affected by reason of the abolition of the existing board.
|
|
| |
(2) For the purposes of this section the council shall be the successor of the existing board, and for those purposes every board of health of a new district which, by virtue of any transfer of powers or functions by or under this Act, has become concerned in or liable to be affected by the relevant proceedings referred to in the foregoing sub-section of this section shall also be a successor of the existing board.
|
|
| |
(3) Every doubt, dispute, or question as to whether any particular person is or is not a successor of the existing board within the meaning of this section shall be determined by the court or tribunal in or before which the proceeding in relation to which such doubt, dispute, or question has arisen is pending, and the decision of such court or tribunal thereon shall be final.
|
