Bord na gCapall (Dissolution) Act, 1989
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Dissolution of Board. |
2.—(1) The Board is hereby dissolved. | |
(2) All property, whether real or personal (including choses-in-action), which immediately before the commencement of this Act was vested in or belonged to or was held in trust or subject to conditions for the Board and all rights, powers and privileges relating to or connected with any such property, shall, on such commencement, 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 or the property of or held in trust or subject to conditions for (as the case may require) the Minister, and the Minister may, subject to this section, sell, lease or otherwise dispose of or keep such property. | ||
(3) All property transferred by this section which immediately before the commencement of this Act was standing in the books of any bank or was registered in the books of any bank, corporation or company in the name of the Board shall, upon the request of the Minister made at any time on or after such commencement, be transferred in those books by the bank, corporation or company into the name of the Minister. | ||
(4) Every chose-in-action transferred by this section may, on or after the commencement of this Act, be sued upon, recovered, or enforced by and in the name of the Minister and it shall not be necessary for the Minister to give notice to the person bound in any such chose-in-action of the transfer effected by this section. | ||
(5) Every debt and other liability (including unliquidated liabilities arising from torts or breaches of contract) which immediately before the commencement of this Act was owing and unpaid or had been incurred and was undischarged by the Board shall, on such commencement, become and be the debt or liability of the Minister and shall be paid or discharged by and may be recovered from and enforced against the Minister accordingly. | ||
(6) Every contract which was entered into and was in force immediately before the commencement of this Act between the Board and any person shall continue in force on and after such commencement, but it shall be construed and have effect as if the Minister were substituted therein for the Board and shall be enforceable by or against the Minister accordingly. | ||
(7) Where, immediately before the commencement of this Act, any legal proceedings were pending to which the Board was a party, in so far as the proceedings relate to the Board the Minister shall be substituted for the Board as a party thereto and if necessary the name of the Minister shall be substituted for that of the Board and the proceedings shall not abate by reason of any such substitution. | ||
(8) Section 12 of the Finance Act, 1895 , shall not apply to the vesting in the Minister of the property or rights transferred by this section. |