Gas (Amendment) and Miscellaneous Provisions Act 2024

Liability for loss occurring before transfer day

14. (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 any of the functions of the dissolved body transferred to Gas Networks Ireland by this Act shall, on and after that day, lie against Gas Networks Ireland and not against the dissolved body.

(2) Any legal proceedings pending immediately before the transfer day to which the dissolved body is a party, that relate to a function of the dissolved body transferred to Gas Networks Ireland by this Act, shall be continued with the substitution in the proceedings of Gas Networks Ireland for the dissolved body and the proceedings shall not abate by reason of such substitution.

(3) Where, before the transfer day, agreement has been reached between the parties concerned in settlement of a claim to which subsection (1) relates and 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 by or against the dissolved body, be enforceable by or against Gas Networks Ireland and not the dissolved body.

(4) Any claim made or proper to be made by the dissolved body 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 functions transferred to Gas Networks Ireland by this Act, on and after the transfer day be regarded as having been made by or proper to be made by Gas Networks Ireland and may be pursued and sued for by Gas Networks Ireland as if the loss or injury had been suffered by Gas Networks Ireland.