British-Irish Agreement Act, 1999

Provisions consequent upon transfer of functions, assets and liabilities to a Body.

41.—(1) Where any legal proceedings are pending to which a Minister, a Board or a Commission is a party and the proceedings have reference to functions transferred by the relevant section from that Minister, that Board or that Commission, the name of the Body to which the functions are transferred shall, in so far as the proceedings relate to any function transferred by the relevant section, be substituted in the proceedings for that of that Minister or that Board or that Commission or be added in the proceedings, as may be appropriate, and the proceedings shall not abate by reason of such substitution.

(2) Anything commenced and not completed before the transfer of a function under the relevant section by or under the authority of the person from whom the function is transferred may, in so far as it relates to that function, be carried on or completed on or after such commencement by the Body to which the function is so transferred.

(3) Every instrument made under statute and every other document (including any certificate or licence) granted or made in the exercise of a function transferred by the relevant section shall, if and in so far as it was operative immediately before such transfer, have effect on and after such transfer as if it had been granted or made by the Body to which the function is transferred, and the transfer of a function by the relevant section shall not affect the validity of any such document as granted or made or any other act done by or in relation to the person from whom the function is transferred before such transfer, and any such document or act shall, if in force immediately before that transfer, continue in force to the same extent and subject to the same provisions as if it had been duly granted, made or done by, or in relation to, that Body.

(4) References to a Minister, a Board or a Commission in the memorandum or articles of association of any company and relating to a function transferred from that Minister, that Board or that Commission by the relevant section shall, on and after the transfer, be construed as references to the Body to whom the function is transferred.

(5) All property, rights and liabilities held, enjoyed or incurred in relation to a function transferred by the relevant section shall, on such transfer, be and are hereby transferred to the Body to whom the function is transferred and, accordingly, without any further conveyance, transfer or assignment—

(a) the said property, real and personal, shall, on such transfer, vest in that Body,

(b) the said rights shall, as on and from such transfer, be enjoyed by that Body,

(c) the said liabilities shall, as on and from such transfer, be liabilities of that Body.

(6) Any moneys, stocks, shares or securities transferred by the relevant section that on such transfer are standing in the name of the person from whom they are transferred shall, on the request of the Body to which they are so transferred, be transferred into its name.

(7) The administration and business in connection with the performance of any function transferred by the relevant section are hereby transferred to the Body to which the function is so transferred.

(8) A certificate signed by a Minister that any property, right or liability has or, as the case may be, has not vested in a Body under the relevant section shall be sufficient evidence, unless the contrary is shown, of the fact so certified for all purposes.

(9) A Minister may by regulations make such adaptations and modifications of any statute (including sections 11, 28, 34 and 36) or instrument made under any statute or the memorandum or articles of association of any company as he or she considers necessary or expedient to enable this section and those sections to have full effect.

(10) In this section—

“a Board” means Bord na Gaeilge or Bord Fáilte éireann;

“a Commission” means the Foyle Fisheries Commission or the Commissioners of Irish Lights;

“Minister” means the Minister for Arts, Heritage, Gaeltacht and the Islands, the Minister for the Marine and Natural Resources or the Minister for Education and Science, as may be appropriate having regard to the function, asset or liability concerned (including a function, asset or liability of a Board or a Commission);

“the relevant section” means section 11 , 28, 34 or 36.