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Liability for loss, etc., occurring before transfer day.
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13.— (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 transfer day of the functions of the Board in so far as they relate to the transferred business, shall, on and after that day, lie against the relevant subsidiary and not against the Board.
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(2) Any legal proceedings pending immediately before the transfer day to which the Board is a party, and that relate to the transferred business, shall be continued, with the substitution in the proceedings of the relevant subsidiary, in so far as the proceedings so relate, for the Board.
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(3) Where, before the transfer day, agreement has been reached between the parties concerned in settlement of a claim to which subsection (1) relates, the terms of which 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, as the case may be, shall, in so far as they are enforceable against the Board, be enforceable against the relevant subsidiary and not the Board.
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(4) Any claim made or proper to be made by the Board in respect of any loss or injury arising from the act or default of any person before the transfer day shall, where the claim relates to the transferred business, be regarded as made by or proper to be made by the relevant subsidiary and may be pursued and sued for by the relevant subsidiary as if the loss or injury, as the case may be, had been suffered by the relevant subsidiary.
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