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Transfer of rights and liabilities.
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28.—(1) All rights and liabilities of the Minister arising by virtue of any contract or commitment (express or implied) entered into by the Minister before the establishment day in relation to a function of the Minister corresponding to a function of the Council shall, on that day, be transferred to the Council.
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(2) For the purpose of this section but without prejudice to the generality of subsection (1), a reference in that subsection to the rights of the Minister includes—
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(a) any right arising by virtue of a deed of trust executed on or after the first day of January, 1989 and before the establishment day in accordance with the terms or conditions of a contract or commitment referred to in that subsection, and
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(b) any right to pursue the execution of a deed of trust in accordance with the terms or conditions of such a contract or commitment.
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(3) The Minister may on his or her own initiative, and shall on the application of the Council, issue a certificate stating, as the Minister thinks proper, that the rights and liabilities of the Minister under a specified contract, commitment or deed of trust were transferred on the establishment day to the Council under this section or were not so transferred.
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(4) A certificate issued under subsection (3) shall be evidence of the facts stated in the certificate.
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(5) Every right and liability transferred by subsection (1) to the Council may, on and after the establishment day, be sued on, recovered or enforced by or against the Council in its own name and it shall not be necessary for the Council or the Minister to give to a person whose right or liability is transferred by this section notice of such transfer.
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