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Transfer of rights and liabilities.
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39.—(1) All rights and liabilities of the Minister arising by virtue of any contract or commitment (expressed or implied) entered into by him or her before the establishment day in relation to a function of the Minister corresponding to a function of a Board shall on that day stand transferred to the Board.
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(2) The Minister may on his or her own initiative and shall on the application of a Board issue a certificate in respect of a specified contract or commitment stating, as he or she thinks proper, that the rights and liabilities of the Minister thereunder were transferred on the establishment day to a Board under this section or were not so transferred and the certificate shall be conclusive evidence of the facts so certified.
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(3) Every right and liability transferred by subsection (1) to a Board may, on and after the establishment day, be sued on, recovered or enforced by or against the Board in its own name and it shall not be necessary for the Board or the Minister to give notice to the person whose right or liability is transferred by this section of such transfer.
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