Milk (Regulation of Supply) Act, 1994
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Dissolution of Dublin and Cork District Milk Boards. |
3.—(1) The Minister shall, by orders made under section 6 (3) of the Milk (Regulation of Supply and Price) Act, 1936 , revoke the orders made under section 6 (1) of that Act, namely, the Dublin District Milk Board Order, 1936 and the Cork District Milk Board Order, 1937, (in this Act referred to as “the dissolved Boards”), as amended by any subsequent orders. | |
(2) The orders made in pursuance of subsection (1) shall be expressed to have and shall have effect on the date of establishment of the Agency. | ||
(3) The provisions of section 7 of the Milk (Regulation of Supply and Price) Act, 1936 and section 4 of the Milk (Regulation of Supply and Price) (Amendment) Act, 1941 (being provisions consequential on the revocation of orders made under section 6 (1) of the said Act of 1936) shall continue to have effect subject to subsection (7) for the purposes of such revocation notwithstanding the repeal of those Acts by this Act. | ||
(4) (a) An order of the Minister under section 6 (3) of the Milk (Regulation of Supply and Price) Act, 1936 , may provide, notwithstanding anything to the contrary in section 4 of the Milk (Regulation of Supply and Price) (Amendment) Act, 1941 , that the assets, liabilities, choses in action, contracts and commitments (expressed or implied) of the dissolved Boards shall stand transferred to the Minister or to an Interim Board subject to the provisions of this subsection. | ||
(b) An order transferring assets and liabilities to the Minister may include provisions authorising him to enter into contracts, to be completed on the date of dissolution of the dissolved Boards, for the sale as a going concern of all or any business carried on by either such Board with such assets and liabilities as may be provided for by any such contract. | ||
(c) At any time after the making of an order to which subsection (1) applies but before the dissolution of the Board to which it refers, the Minister may by order transfer the assets, liabilities, choses in action, contracts and commitments (expressed or implied) of that Board to the Interim Board. | ||
(5) The Interim Board shall comprise three persons nominated by the Minister from time to time as occasion requires. It shall be a body corporate with power to sue and be sued and to hold land. It shall stand dissolved on such day as the Minister by order appoints. | ||
(6) The Interim Board may, to such extent as an order under subsection (4) may provide, carry on any business activities carried on by a dissolved Board, discharge any and all liabilities of a dissolved Board, and sell as a going concern all and any business of that Board with such assets or liabilities or both as may be provided for in the sale. | ||
(7) All moneys received by the Minister or the Interim Board in pursuance of this section shall, after payment of necessary outgoings, be paid to the Minister for Finance and shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct. | ||
(8) Section 12 of the Finance Act, 1895 shall not apply to the vesting in the Interim Board of any property or right transferred under this Act. |