Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022
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Assignment and subrogation of claims to Minister | ||
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29. (1) Where a relevant owner receives a payment under section 18 or 22 all rights of action which the relevant owner has against any other person, or the estate of any other person, for damage to the relevant dwelling caused by the use of defective concrete blocks in its construction shall, to the amount of the payment and from the date of the making of the payment, be assigned to and vest in the Minister. | ||
(2) Without prejudice to subsection (1), the Minister shall, to the amount of the payment referred to in subsection (1) be subrogated to all rights or remedies to which a relevant owner is entitled in respect of damage to the relevant dwelling caused by the use of defective concrete blocks in its construction. | ||
(3) Every right of action vested in the Minister under subsection (1) may, on and from the date on which it is so vested, be sued on, recovered or enforced by the Minister in his or her own name, and it shall not be necessary for the Minister, to give notice to any person bound by the right of action of the vesting effected by that subsection. | ||
(4) The Minister may request, without prejudice to section 13 , the relevant owner to provide the Minister with such information or documents as he or she considers necessary for the purposes of exercising any right of action which vests in him or her under subsection (1), or protecting any right or remedy subrogated to him or her under subsection (2). | ||
(5) The Minister may, for the purpose of exercising any right of action vested in him or her under subsection (1) or protecting any right or remedy subrogated to him or her under subsection (2), require the relevant owner to execute all documents (including the verification by the relevant owner of any document by affidavit) or take any other step as may, in the opinion of the Minister, be necessary for that purpose. |