Harbours Act, 1996
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Liability for loss occurring before vesting day. |
99.—(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 relevant vesting day by a harbour authority of their functions in relation to their harbour, or by the Minister of his or her functions in relation to Dún Laoghaire Harbour, shall, after that day, lie against the company established pursuant to section 7 in respect of the said harbour (in subsection (2) referred to as the “relevant company”) whether or not any claim in respect thereof was made before that day and subject to section 101 , not against the harbour authority, the Minister, any other State authority or the State. | |
(2) Where, before the relevant vesting day in a claim to which subsection (1) relates, agreement in settlement of the claim has been reached between the parties and the terms of the agreement have not been implemented or judgment has been given in favour of the injured person and the judgment has not been enforced, the terms of the agreement or the judgment, as the case may be, shall be enforceable against the relevant company and, subject to section 101 , not against the harbour authority concerned, the Minister, any other State authority or the State. | ||
(3) Any claim made or proper to be made by a harbour authority, the Minister, any other State authority or the State in respect of any loss or injury arising from the act or default of any person before the relevant vesting day and, in the case of a claim by any of the said persons (other than a harbour authority), the claim relates to the performance by the Minister of his or her functions in relation to Dún Laoghaire Harbour shall be regarded as made by or proper to be made by the company established pursuant to section 7 in respect of the harbour of the harbour authority or Dún Laoghaire Harbour, as the case may be, (in subsection (4) referred to as the “relevant company”) and may be pursued and sued for by that company as if the loss or injury had been suffered by it. | ||
(4) Where, before the relevant vesting day, in a claim to which subsection (3) relates, agreement in settlement of the claim has been reached between the parties and the terms of the agreement have not been implemented or judgment has been given in favour of the harbour authority concerned, the Minister, any other State authority or the State and the judgment has not been enforced, the terms of the agreement or the judgment, as the case may be, shall, in so far as enforceable by the harbour authority concerned, the Minister, any other State authority or the State, be enforceable by the relevant company. | ||
(5) This section does not apply to a claim by one State authority against another. |