Social Welfare and Pensions Act 2010


Transfer of Certain Employees, Property, etc. of Health Service Executive

Transfer of certain rights and liabilities of Executive.

36.— (1) The Executive may, with the consent of the Minister and the Minister for Health and Children, designate by instrument in writing any contract or commitment (express or implied) entered into by the Executive before the designation for transfer to the Minister.

(2) All rights and liabilities arising by virtue of any contract or commitment so designated shall, on the transfer day, stand transferred to the Minister.

(3) Every right and liability transferred by subsection (2) may, on and after the transfer day, be sued on, recovered or enforced by or against the Minister in the name of the Minister and it shall not be necessary for the Minister to give notice to the person whose right or liability is transferred by that subsection of such transfer.

(4) (a) The Minister shall, by order, appoint a day (in this section referred to as the “transfer day”) for the purposes of this section.

(b) For the purposes of paragraph (a), the Minister may appoint different transfer days for different purposes and different provisions.