Courts Service Act, 1998

Transfer of rights and liabilities to Service.

28.—(1) All rights and liabilities of the Minister arising by virtue of any contract or commitment (expressed or implied) entered into by him or her before the establishment day in relation to a function of the Minister corresponding to a function of the Service shall, on that day, be transferred to the Service.

(2) The Minister may on his or her own initiative, and shall on the application of the Service, issue a certificate in respect of a specified contract or commitment stating, as the Minister thinks proper, that the rights or liabilities of the Minister thereunder were transferred on the establishment day to the Service under this section or were not so transferred, and the certificate shall be evidence of the facts so stated.

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