Environment (Miscellaneous Provisions) Act 2015
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Liability for loss occurring before appointed day | ||
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8. (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 appointed day, of the functions transferred to the Minister for Arts, Heritage and the Gaeltacht by virtue of section 4 shall, on and after that day, lie against that Minister and not against another person. | ||
(2) Any legal proceedings pending immediately before the appointed day that relate to a function transferred by virtue of section 4 , shall be continued, with the substitution, as necessary, in the proceedings of the Minister for Arts, Heritage and the Gaeltacht, in so far as they so relate. | ||
(3) Where, before the appointed day, agreement has been reached between the parties concerned in settlement of a claim to which subsection (1) relates, the terms of which 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 and relate to functions transferred by virtue of section 4 , be enforceable against the Minister for Arts, Heritage and the Gaeltacht. | ||
(4) Any claim made or proper to be made arising from the functions transferred by virtue of section 4 in respect of any loss or injury arising from the act or default of any person before the appointed day, where the claim relates to functions so transferred, shall be regarded as having been made by or proper to be made by the Minister for Arts, Heritage and the Gaeltacht and may be pursued and sued for by that Minister as if the loss or injury had been suffered by that Minister. |