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32. (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 a dissolved body, the Commissioner of Valuation or the Boundary Surveyor shall on and after that day, lie against Tailte Éireann and not against the dissolved body concerned, the Commissioner of Valuation or the Boundary Surveyor, as the case may be.
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(2) Any legal proceedings pending immediately before the establishment day to which a dissolved body, the Commissioner of Valuation or the Boundary Surveyor is a party, that relate to a function of the dissolved body, the Commissioner of Valuation or the Boundary Surveyor, as the case may be, shall be continued, with the substitution in the proceedings of Tailte Éireann, in so far as they so relate, and the proceedings shall not abate by reason of such substitution.
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(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 the 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, shall, in so far as they are enforceable against a dissolved body, the Commissioner of Valuation or the Boundary Surveyor, as the case may be, be enforceable against Tailte Éireann and not the dissolved body concerned, the Commissioner of Valuation or the Boundary Surveyor, as the case may be.
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(4) Any claim made or proper to be made by a dissolved body, the Commissioner of Valuation or Boundary Surveyor in respect of any loss or injury arising from the act or default of any person before the establishment day shall, on and after the establishment day, be regarded as having been made by or proper to be made by Tailte Éireann and may be pursued and sued for by Tailte Éireann as if the loss or injury had been suffered by Tailte Éireann.
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