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22 1994

AN BORD BIA ACT, 1994

PART IV

Transitional Provisions

Transfer of staff.

46. —(1) Every person who, immediately before the establishment day, was a member of the staff of the dissolved body shall on that day become and be a member of the staff of the Board.

(2) The Board shall accept into its employment on the establishment day every person who immediately before that day is a member of the staff of An Bord Trachtála and is designated by that body for employment by the Board.

Conditions of service of transferred staff.

47. —(1) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, a person who becomes a member of the staff of the Board pursuant to section 46 or to an order under section 9 shall not, while in the service of the Board, be brought to less beneficial conditions of service (including conditions in relation to tenure of office) or of remuneration than the conditions of service (including conditions in relation to tenure of office) or remuneration to which he was subject immediately before becoming such member.

(2) In this section “recognised trade union or staff association” means a trade union or staff association recognised by the Board for the purposes of negotiations which are concerned with the remuneration or conditions of employment, or the working conditions of employees.

Transfer of property.

48. —(1) On the establishment day all property, including choses-in-action, which immediately before that day was the property of the dissolved body shall stand vested in the Board without any conveyance or assignment.

(2) Every chose-in-action transferred by subsection (1) to the Board may be sued on and recovered or enforced by the Board in its own name and it shall not be necessary for the Board to give notice to the person bound by the chose-in-action of the transfer effected by that subsection.

(3) Section 12 of the Finance Act, 1895, shall not apply to the vesting in the Board of any property or rights transferred by this Act.

Transfer of rights and liabilities and continuance of pending proceedings.

49. —(1) All rights and liabilities of the dissolved body shall on the establishment day stand transferred to the Board.

(2) Every right and liability transferred by subsection (1) to the Board may be sued on, recovered or enforced by or against the Board in its own name and it shall not be necessary for the Board to give notice to the person whose right or liability is transferred by this section of such transfer.

(3) All legal proceedings pending immediately before the establishment day to which the dissolved body was a party shall be continued with the substitution for the dissolved body of the Board.

Final accounts of dissolved body.

50. —(1) As soon as may be after the establishment day the Board shall cause to be prepared in such form as may be approved of by the Minister all proper and usual accounts of all moneys received or expended by the dissolved body in the accounting year, or the part of an accounting year, of the dissolved body ending immediately before the establishment day.

(2) Accounts prepared pursuant to this section shall be submitted as soon as may be by the Board to an auditor for audit and, immediately after the audit, a copy of the profit and loss account and of the balance sheet and of such other (if any) of the accounts as the Minister may direct and a copy of the auditor's report on the accounts shall be presented to the Minister who shall cause copies thereof to be laid before each House of the Oireachtas.