Children's Health Act 2018

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Liability for loss occurring before the commencement of this Part

41. (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 commencement of this Part of any of the functions of Temple Street Hospital shall on and after that commencement, lie against Children’s Health Ireland and not against Temple Street Hospital.

(2) Any legal proceedings pending immediately before the commencement of this Part to which Temple Street Hospital is a party, shall be continued, with the substitution in the proceedings of Children’s Health Ireland in so far as they so relate, for Temple Street Hospital.

(3) Where, before the commencement of this Part, 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 Temple Street Hospital, be enforceable against Children’s Health Ireland and not Temple Street Hospital.

(4) Any claim made or proper to be made by Temple Street Hospital in respect of any loss or injury arising from the act or default of any person before the commencement of this Part shall be regarded as having been made by or proper to be made by Children’s Health Ireland and may be pursued and sued for by Children’s Health Ireland as if the loss or injury had been suffered by Children’s Health Ireland.