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14 2004

An Bord Bia (Amendment) Act 2004

PART 2

Dissolution of Bord Glas

Transfer day.

3. —(1) The Minister shall by order appoint a day to be the transfer day for the purposes of this Part.

(2) On the transfer day An Bord Glas shall stand dissolved.

(3) References to An Bord Glas in any Act of the Oireachtas enacted before the transfer day or in any instrument made before the transfer day under an Act of the Oireachtas shall, on and after that day, be construed as references to the Board.

Transfer of staff.

4. —(1) Every person who is, on the day immediately before the transfer day, a member of the staff of An Bord Glas shall, on the transfer day, be transferred to and become a member of the staff of the Board.

(2) Save in accordance with a collective 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 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 or she was subject immediately before the transfer day.

(3) In relation to persons transferred to the Board pursuant to subsection (1), previous service with An Bord Glas shall be reckonable for the purposes of, but subject to any exceptions or exclusions in:

(a) the Redundancy Payments Acts 1967 to 2003,

(b) the Protection of Employees (Part-Time Work) Act 2001 ,

(c) the Organisation of Working Time Act 1997 ,

(d) the Minimum Notice and Terms of Employment Acts 1973 to 2001,

(e) the Unfair Dismissals Acts 1977 to 2001,

(f) the Carer's Leave Act 2001 , and

(g) the Parental Leave Act 1998 .

(4) Any superannuation benefits awarded to or in respect of a person to whom subsection (1) applies and the terms and conditions relating to those benefits shall not be less favourable than those applicable immediately before the transfer day.

(5) 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 and liabilities to Board.

5. —(1) With effect from the transfer day the following shall stand transferred to the Board—

(a) all property and rights held or enjoyed immediately before that day by An Bord Glas, and

(b) all liabilities incurred before that day by An Bord Glas that 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 the transfer day, vest in the Board, for all the estate, term or interest for which, immediately before that day, it was vested in An Bord Glas, but subject to all trusts and equities affecting the property and capable of being performed,

(ii) such rights shall, as on and from the transfer day, be enjoyed by the Board, and

(iii) such liabilities shall, as on and from the transfer day, be the liabilities of the Board.

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

(3) Every right and liability transferred by this section to the Board may, on or after the transfer 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.

Preservation of certain contracts and adaptation of references to An Bord Glas.

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

Pending legal proceedings.

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

Preparation of accounts.

8. —(1) As soon as may be after the transfer 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 An Bord Glas in the accounting year, or the part of an accounting year, of An Bord Glas ending immediately before transfer day.

(2) Accounts prepared pursuant to this section shall be submitted as soon as may be by the Board for audit and, promptly after the audit, a copy of such accounts 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.

Repeal.

9. The Bord Glas Act 1990 is repealed with effect from the transfer day.