PART IV

Miscellaneous

51. —(1) Every person who, on the day immediately before the vesting day, is a member of the staff of the Board shall, on the vesting day, be transferred to and become a member of the staff of the Company.

(2) Save in accordance with an agreement negotiated with any recognised trade union or staff association concerned, a person referred to in subsection (1) shall not, while in the service of the Company, be made subject to conditions of service (including conditions relating to terms of employment and remuneration) that are less favourable to the person than those to which he or she was subject immediately before the vesting day.

(3) Until such time as the scales of pay and conditions of service of the members of the staff of the Company to whom subsection (1) applies are varied by the Company following consultation and after agreement with recognised trade unions, the scales of pay by reference to which they were remunerated and the conditions of service, restrictions, requirements and obligations to which they were subject immediately before the vesting day shall continue to apply to them.

(4) In relation to persons transferred to the Company under subsection (1), previous service as a member of the staff of the Board shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the Redundancy Payments Acts, 1967 to 1991, the Organisation of Working Time Act, 1997 , the Minimum Notice and Terms of Employment Acts, 1973 to 1991, and the Unfair Dismissals Acts, 1977 to 1993.

52. —(1) The following shall be transferred to the Company on the vesting day:

(a) all property (including choses-in-action) and rights held or enjoyed immediately before that day by the Board, and

(b) all the liabilities of the Board,

and, accordingly, without any further conveyance, transfer or assignment—

(i) the said property, shall, on the vesting day, vest in the Company for all the estate, term or interest for which, immediately before that day, it was vested in the Board, but subject to all trusts and equities affecting the property and capable of being performed,

(ii) the said rights shall, as on and from the vesting day, be enjoyed by the Company, and

(iii) the said liabilities shall, as on and from the vesting day, be the liabilities of the Company.

(2) All moneys, stocks, shares and securities transferred to the Company by this section which, on the vesting day, are standing in the name of the Board shall, upon the request of the Company, be transferred into its name.

(3) Every right and liability transferred by subsection (1) to the Company may, on or after the vesting day, be sued on, recovered or enforced by or against the Company in its own name and it shall not be necessary for the Company to give notice to a person whose right or liability is transferred by that subsection of the transfer.

53. —The Company and, with the consent of the Company, a subsidiary may perform any of its functions through or by any member of its staff duly authorised in that behalf by the Company or the subsidiary.

54. —(1) Every bond, guarantee or other security, or licence, exemption or permission, of a continuing nature made or given by or on behalf of the Board to any person or given by any person to and accepted by or on behalf of the Board and every contract or agreement in writing made between the Board and any other person and in force but not fully executed and completed immediately before the vesting day shall continue in force on and after that day and shall be construed and have effect as if the name of the Company were substituted therein for that of the Board, and shall be enforceable by or against the Company.

(2) References to the Board contained immediately before the vesting day in the memorandum of association or articles of association of any company shall, on and after the vesting day, be construed as references to the Company.

55. —Where, immediately before the vesting day, any legal proceedings are pending in any court or tribunal and the Board is a party to the proceedings, the name of the Company shall be substituted in the proceedings for that of the Board and the proceedings shall not abate by reason of such substitution.

56. —The Company and each subsidiary shall ensure that its activities are so conducted as to afford appropriate protection for the environment and the archaeological heritage.

57. —Upon the vesting day, Bord na Móna shall become and be dissolved.

58. —(1) Subject to subsection (2), and the other provisions of this Act, the Turf Development Acts, 1946 to 1995, shall apply on and after the vesting day with the modification that references in those Acts to the Board shall be construed as references to the Company and with any other necessary modifications.

(2) Subsection (1) does not apply to—

(a) Part II (other than section 15) or IV of, or the Schedule to, the Act of 1946,

(b) section 6 of the Act of 1953,

(c) section 1 , 2 , 3 or 11 of the Turf Development Act, 1957 , or

(d) section 3, 10 or 11 of the Act of 1990.

(3) In the application, pursuant to subsection (1), of section 15 of the Act of 1946 the references to officers and servants, officers and servants of the Board and an officer or servant of the Board shall be construed as not including the Managing Director.

(4) References in any enactment (other than the Turf Development Acts, 1946 to 1995) to the Board shall, on and after the vesting day, be construed as references to the Company.

59. —The Worker Participation (State Enterprises) Acts, 1977 to 1993, shall apply to the Company as if it were a designated body (within the meaning of those Acts).

60. —(1) The Board and the Company shall be deemed, for the purposes of section 312 of the Taxes Consolidation Act, 1997 , to be under the control of the same person.

(2) The trade carried on by the Board before the vesting day and the trade carried on by the Company or a subsidiary on or after that day shall be deemed for the purposes of section 400 of the Taxes Consolidation Act, 1997 , to have belonged and to belong to the Minister for Finance and the Minister for Finance shall be deemed for those purposes to be a body corporate.

(3) The Board, the Company and the subsidiaries shall be deemed, for the purposes of Chapter 5 of Part 12, section 456 and Chapter 1 of Part 20 of the Taxes Consolidation Act, 1997 , to be members of the same group.

61. — Section 12 of the Land Act, 1965 , shall not apply to land or an interest in land vested in the Company or a subsidiary.