Children's Health Act 2018

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Liability for loss occurring before dissolution day

64. (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 any of the functions of the Board shall on and after that day, lie against the Executive and not against the Board.

(2) Any legal proceedings pending immediately before the dissolution day to which the Board is a party, shall be continued, with the substitution in the proceedings of the Executive for the Board.

(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 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 Executive and not the Board.

(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 dissolution day shall on and after that day be regarded as having been made by or proper to be made by the Executive and may be pursued and sued for by the Executive as if the loss or injury had been suffered by the Executive.