County Enterprise Boards (Dissolution) Act 2014
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Liability for loss occurring before dissolution day | ||
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9. (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 dissolution day of the functions transferred to Enterprise Ireland by this Act shall on and after that day, lie against Enterprise Ireland and not against a county enterprise board. | ||
(2) Any legal proceedings pending immediately before the dissolution day to which a county enterprise board is a party, that relate to a function of that county enterprise board transferred by this Act, shall be continued, with the substitution in the proceedings of Enterprise Ireland, in so far as they so relate, for that county enterprise board and the proceedings shall not abate by reason of such substitution. | ||
(3) Where, before the dissolution day, agreement has been reached between the parties concerned in settlement of a claim to which subsection (1) relates, the terms of the agreement 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 a county enterprise board be enforceable against Enterprise Ireland and not that county enterprise board. | ||
(4) Any claim made or proper to be made by a county enterprise board in respect of any loss or injury arising from the act or default of any person before the dissolution day shall, where the claim relates to functions transferred to Enterprise Ireland by section 6 , on and after that day be regarded as having been made by or proper to be made by Enterprise Ireland and may be pursued and sued for by Enterprise Ireland as if the loss or injury had been suffered by Enterprise Ireland. |