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7 1997

DUBLIN DOCKLANDS DEVELOPMENT AUTHORITY ACT, 1997

PART III

Transitional Provisions

Transfer of land and other property.

47. —(1) On the establishment day all land which, immediately before the establishment day, was vested in the Custom House Docks Development Authority and all rights, powers and privileges relating to or connected with that land shall, by virtue of this section, stand vested in the Dublin Docklands Development Authority for all the estate or interest for which immediately before the establishment day it was vested in the Custom House Docks Development Authority.

(2) On the establishment day all property other than land (including choses-in-action), which, immediately before that day, was the property of the Custom House Docks Development Authority shall, by virtue of this section but subject where necessary to transfer in the books of any bank, corporation or company, be transferred to the Dublin Docklands Development Authority.

(3) Every chose-in-action transferred by subsection (2) may, on or after the establishment day, be sued upon, recovered or enforced by the Dublin Docklands Development Authority in its own name and it shall not be necessary for that Authority to give notice to the person bound by any such chose-in-action of the transfer effected by this section.

Transfer of rights and liabilities.

48. —All rights and liabilities held, enjoyed, or incurred by virtue of any contract or commitment (expressed or implied) entered into by the Custom House Docks Development Authority shall, subject where necessary to transfer in the books of any bank, corporation or company, stand transferred to the Dublin Docklands Development Authority.

Preservation of existing contracts.

49. —(1) Every bond, guarantee or other security of a continuing character made or given by the Custom House Docks Development Authority to another person or by any person to the Custom House Docks Development Authority and in force immediately before the establishment day and every contract or agreement in writing made between the Custom House Docks Development Authority and any other person and not fully executed and completed before the establishment day shall, notwithstanding the dissolution of that Authority, continue in force on and after the establishment day but shall be construed and have effect as if the Dublin Docklands Development Authority was substituted therein for the Custom House Docks Development Authority.

(2) Every other document granted or made by the Custom House Docks Development Authority which is in force immediately before the establishment day shall continue in force on and after that day as if it had been granted or made by the Dublin Docklands Development Authority and shall be construed and have effect and be enforceable by or against the Dublin Docklands Development Authority accordingly.

Continuance of legal proceedings.

50. —In all legal proceedings to which the Custom House Docks Development Authority was a party and pending immediately before the establishment day, the name of the Dublin Docklands Development Authority shall be substituted in the proceedings for that of the Custom House Docks Development Authority and the proceedings shall not abate by reason of such substitution.

References in legislation.

51. —References to the Custom House Docks Development Authority contained, immediately before the establishment day, in any statute or statutory instrument (within the meaning of the Statutory Instruments Act, 1947 ) or in the memorandum or articles of association of any company shall, insofar as they relate to anything transferred by this Act, be construed on and after the establishment day as references to the Dublin Docklands Development Authority.

Exemption from stamp duty.

52. —Section 12 of the Finance Act, 1895, shall not apply to the vesting in the Dublin Docklands Development Authority of any property or rights transferred under this Act.

Final accounts of Custom House Docks Development Authority.

53. —Final accounts of the Custom House Docks Development Authority shall be drawn up in accordance with section 9 (2).

Admissibility in evidence of documents of Custom House Docks Development Authority.

54. —(1) All books and other documents directed or authorised by or under any enactment to be kept by the Custom House Docks Development Authority and which, immediately before the establishment day, would be receivable in evidence shall, notwithstanding the dissolution of that Authority, be admitted in evidence on or after the establishment day as if this Act had not been enacted.

(2) Whenever an extract from or certificate of the contents of any book or other document directed or authorised by or under any enactment to be kept by the Custom House Docks Development Authority would, if verified in a particular manner by a particular officer of that Authority, have been admissible immediately before the establishment day as evidence of those contents, an extract from or certificate of the contents of that book or document shall, if verified in such particular manner by an officer of the Dublin Docklands Development Authority (whose official position it shall not be necessary to prove) authorised by the Authority in that behalf, be admitted, on or after the establishment day, as evidence of such contents to the same extent as such first-mentioned extract or certificate would have been so admitted if this Act had not been enacted.

(3) A copy of or extract from any document referred to in subsection (1) produced by the Dublin Docklands Development Authority and certified to be a true copy under the hand of an officer of that Authority (whose official position it shall not be necessary to prove) authorised by the Authority for that purpose shall in all legal proceedings be admissible in evidence as of equal validity with the original document and no process for compelling the production of any such document by the Dublin Docklands Development Authority shall issue from any court except with the leave of that court.

Transfer of employees.

55. —The Dublin Docklands Development Authority shall accept into its employment on the establishment day, in accordance with the terms of this Act, every person who immediately before that day was an employee of the Custom House Docks Development Authority on terms and conditions not less favourable than those applicable to that person immediately before the transfer.

Dissolution of Custom House Docks Development Authority.

56. —On the establishment day, the Custom House Docks Development Authority shall stand dissolved.