Roads Act 2015

Liability for loss occurring before dissolution day

10. (1) A claim in respect of any loss or injury alleged to have been suffered by any person arising out of the performance before the dissolution day of any of the functions of the dissolved body transferred to the Authority by this Act shall on and after that day, lie against the Authority and not against the dissolved body.

(2) Any legal proceedings pending immediately before the dissolution day to which the dissolved body is a party, that relate to a function of that dissolved body transferred by this Act, shall be continued, with the substitution in the proceedings of the Authority, in so far as they so relate, for that dissolved body and the proceedings shall not abate by reason of such substitution.

(3) Where, before the dissolution day, agreement has been reached between the parties concerned in settlement of a claim to which subsection (1) relates and the terms of the agreement have not been implemented, or judgment in such a claim has been given in favour of a person but has not been enforced, the terms of the agreement or judgment, as the case may be, shall, in so far as they are enforceable against the dissolved body, be enforceable against the Authority and not the dissolved body.

(4) Any claim made or proper to be made by the dissolved body in respect of any loss or injury arising from the act or default of any person before the dissolution day shall, where the claim relates to functions transferred to the Authority by section 7 , on and after that day be regarded as having been made by or proper to be made by the Authority and may be pursued and sued for by the Authority as if the loss or injury had been suffered by the Authority.