Institutional Burials Act 2022
|
Liability for loss occurring before dissolution day | ||
|
100. (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 a function of a Director transferred by section 99 shall, on and after that day, lie against the relevant Minister and not against the Director. | ||
(2) Any legal proceedings pending immediately before the dissolution day to which a Director is a party, that relate to a function of the Director transferred by section 99 , shall, on and after that day, be continued with the substitution in the proceedings of the relevant Minister for the Director. | ||
(3) Where, before the dissolution day, agreement has been reached between the parties concerned in settlement of a claim to which subsection (1) relates, the terms of which 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, on and after the dissolution day, in so far as they are enforceable against the Director, be enforceable against the relevant Minister and not the Director. | ||
(4) Any claim made or proper to be made by the Director in respect of any loss or injury arising from the act or default of any person before the dissolution day shall, on and after that day, where the claim relates to a function of the Director transferred by section 99 , be regarded as having been made by or proper to be made by the relevant Minister and may be pursued and sued for by that relevant Minister as if the loss or injury had been suffered by that relevant Minister. |