Online Safety and Media Regulation Act 2022

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Liability for loss incurring before establishment day

64. (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 establishment day of any of the functions of the Authority shall on and after that day, lie against the Commission and not against the Authority.

(2) Any legal proceedings pending immediately before the establishment day to which the Authority is a party shall be continued with the substitution in the proceedings of the Commission for the Authority.

(3) Where, before the establishment 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, in so far as they are enforceable against the Authority, be enforceable against the Commission and not the Authority.

(4) Any claim made or proper to be made by the Authority in respect of any loss or injury arising from the act or default of any person before the establishment day shall be regarded as having been made by or proper to be made by the Commission and may be pursued and sued for by the Commission as if the loss or injury had been suffered by the Commission.