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Transfer of property other than land
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12. (1) (a) For the purposes of this Act, the city council and the county council may, not later than 30 April 2019, jointly designate in writing such property (other than land), including choses-in-action, of the county council as they may determine.
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(b) The city council and the county council shall have regard to the implementation plan when making a designation under paragraph (a).
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(c) On the transfer day, all property designated under paragraph (a) shall, without any assignment, stand vested in the city council.
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(d) Every chose-in-action vested in the city council by virtue of this subsection may, on and after the transfer day, be sued on, recovered or enforced by the city council in its own name, and it shall not be necessary for the city council or the county council to give notice to any person bound by the chose-in-action of the vesting effected by that subsection.
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(e) All functions of the county council connected with any property standing vested in the city council by virtue of this subsection shall, from the transfer day and in relation to such property, be performable by or on behalf of the city council only.
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(2) The oversight committee may make a recommendation to the city council and the county council that the city council and the county council jointly make a designation under paragraph (a) of subsection (1) in relation to—
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(a) such property as may be specified in the recommendation, or
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(b) property of such a class as may be so specified.
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(3) The Cork local authorities shall jointly notify the oversight committee in writing of the making of a designation by them under this section.
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(4) (a) For the purposes of this Act, the Minister may make an order designating such property (other than land), including choses-in-action, of the county council as he or she may determine.
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(b) If the Cork local authorities fail to make a designation of a type to which a recommendation under subsection (2) applies before the expiration of one month from the date of the making of that recommendation, the Minister shall, for the purposes of this Act and not later than 2 months after the end of that month, make an order designating the property in respect of which the recommendation was made.
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(c) Property designated by order under paragraph (a) or (b) shall stand vested in the city council on such day (in this Act referred to as a “property vesting day”) as the Minister may, by that order, appoint, and different property vesting days may be so appointed in relation to different property so designated.
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(d) Every chose-in-action vested in the city council by virtue of this subsection may, on and after the property vesting day concerned, be sued on, recovered or enforced by the city council in its own name, and it shall not be necessary for the city council or the county council to give notice to any person bound by the chose-in-action of the vesting effected by that subsection.
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(e) All functions of the county council connected with any property standing vested in the city council by virtue of this subsection shall, from the property vesting day concerned and in relation to such property, be performable by or on behalf of the city council only.
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(5) More than one designation may be made under this section and different designations may be made in respect of different property or different classes of property.
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