First Previous (PART II Comhairle)

1 2000

COMHAIRLE ACT, 2000

PARTIII

Dissolution of National Social Service Board and Transitional Provisions

Dissolution of former Board.

27. — The National Social Service Board (in this Act referred to as the “former Board”) is with effect from the establishment day hereby dissolved.

References to former Board in enactments.

28. — References to the former Board contained, immediately before the establishment day, in any enactment other than this Act shall, in so far as they relate to anything transferred to the Board by this Act, be construed on and after the establishment day as references to the Board.

Transfer to Board of certain staff.

29. — The Board with the consent of the Minister and the Minister for Finance shall accept into its employment on the establishment day, in accordance with the terms of this Act, such persons—

(a) who immediately before that day were members of the staff of the former Board,

(b) who immediately before that day were members of the staff of the National Rehabilitation Board and who are, with effect from the establishment day, transferred to the Board under an order made by the Minister for Health and Children under section 7(2) of the Health (Corporate Bodies) Act, 1961 , as provided for in section 38 of the National Disability Authority Act, 1999 ,

on terms and conditions not less favourable than those applicable to such persons immediately before the transfer, for the duration of their contract.

Transfer to Board of assets and liabilities of former Board.

30. —(1) With effect from the establishment day the following are hereby transferred to the Board—

(a) all rights and property (and rights relating to such property) held or enjoyed immediately before that day by the former Board,

(b) all liabilities incurred before that day by the former Board which had not been discharged before that day,

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

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

(ii) those rights shall, as and from that day, be enjoyed by the Board, and

(iii) those liabilities shall, as and from that day, be liabilities of the Board.

(2) All moneys, stocks, shares and securities transferred to the Board by this section that, immediately before the establishment day, are standing in the name of the former Board shall, upon the request of the Board, be transferred into its name.

(3) Every right and liability transferred to the Board by this section may, on or 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 to give notice of the transfer to the person whose right or liability is transferred by this section.

(4) The Board shall not, without the consent of the Minister, dispose of any part of any land or any interest therein transferred to or vested in the Board by virtue of this section.

(5) In this section “the former Board” includes any trustee or agent of the former Board acting on behalf of the former Board.

Preservation of certain contracts and adaptation of reference to former Board.

31. — Every contract or agreement made between the former Board or any trustee or agent thereof acting on its behalf, and any other person, which is in force immediately before the establishment day shall continue in force on and after that day and shall be construed and have effect as if the Board were substituted therein for the former Board or, as the case may be, its trustee or agent acting on its behalf, and shall be enforceable against the Board.

Pending legal proceedings.

32. — Where, immediately before the establishment day, any legal proceedings are pending in any court or tribunal and the former Board or any trustee or agent thereof acting on its behalf, is a party to the proceedings, the name of the Board shall be substituted for that of the former Board or, as the case may be, such trustee or agent thereof, and the proceedings shall not abate by reason of such substitution.

Final accounts of former Board.

33. —(1) Final accounts of the former Board shall be drawn up by the Board as soon as may be after the establishment day in such form as may be approved of by the Minister, and in respect of such period or periods as may be specified by the Minister.

(2) Accounts prepared pursuant to this section shall be submitted as soon as may be by the Board to the Comptroller and Auditor General for audit, and, immediately after the audit, a copy of the income and expenditure 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 Comptroller and Auditor General'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.