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35 1939

PIGS AND BACON (AMENDMENT) ACT, 1939

PART III.

Abolition of the Bacon Marketing Board and the Pigs Marketing Board and Transfer of Functions, Property, Liabilities, etc., of such Boards to the Pigs and Bacon Commission, and Consequential Provisions.

Dissolution of Bacon Marketing Board and Pigs Marketing Board.

21. —(1) On the transfer date the Bacon Marketing Board and the Pigs Marketing Board shall by virtue of this sub-section be dissolved and cease to exist.

(2) The Bacon Marketing Board and the Pigs Marketing Board shall each be an abolished board for the purposes of this Act, and the expression “an abolished board” shall in this Act be construed accordingly.

Transfer of powers and duties to the Commission.

22. —(1) On the transfer date the several powers and duties under the Acts of 1935 and 1937 which immediately before the transfer date were exercised or performed or capable of being exercised or performed by the Bacon Marketing Board and the Pigs Marketing Board respectively shall be and are hereby transferred to and conferred and imposed on the Commission.

(2) On the transfer date the powers under section 68 of the Act of 1937 which immediately before the transfer date were exercised or performed or capable of being exercised or performed by the Chairman of the Pigs Marketing Board shall be and are hereby transferred to and conferred on the Commission.

Adaptation of the Acts of 1935 and 1937.

23. —(1) On and after the transfer date every mention of or reference to an abolished board contained in any provision of the Acts of 1935 and 1937 shall, subject to the provisions of this Act—

(a) in relation to anything done under such provision before the transfer date, be construed and have effect in like manner as it was construed and had effect immediately before the transfer date;

(b) in relation to anything done or required or permitted to be done under such provision on or after the transfer date, be construed and have effect as a mention of or a reference to the Commission.

(2) On and after the transfer date the references in section 68 of the Act of 1937 to the Chairman of the Board shall—

(a) in relation to anything done before the transfer date be construed and have effect in like manner as it was construed and had effect immediately prior to the transfer date;

(b) in relation to anything done or to be done or an event occurring on or after the transfer date be construed and take effect as references to the Commission.

Continuance of certain orders, etc., of the Bacon Marketing Board.

24. —(1) Any instrument to which this sub-section applies which relates to a period expiring on or after the transfer date shall, on and after the transfer date, continue in force and have effect, for the purposes of the Acts of 1935 and 1937, as if such instrument were made by the Commission on the date on which it was actually made and as if the Commission were on such last-mentioned date already the successor of the Bacon Marketing Board.

This sub-section applies to the following instruments, that is to say:—

(a) any order made by the Bacon Marketing Board under any of the following provisions of the Act of 1935, namely, sub-section (2) of section 98 , and sections 102 and 105 ;

(b) any order made by the Bacon Marketing Board under any of the following provisions of the Act of 1937, namely, sub-section (1) of section 21 , section 22 , sub-section (1) of section 27 , section 28 , section 30 , sub-section (1) of section 31 , and section 32 ;

(c) any certificate made by the Bacon Marketing Board under any of the following provisions of the Act of 1937, namely, sub-section (5) of section 21 , sub-section (2) of section 27 , and sub-section (2) of section 31 .

(2) Any order made under section 25 of the Act of 1937 by the Bacon Marketing Board before the transfer date and in force immediately before the transfer date shall, on and after the transfer date, continue in force and have effect as if it were made by the Commission on the transfer date.

Continuance of certain orders, etc., made by the Pigs Marketing Board.

25. —(1) Any regulations made by the Pigs Marketing Board under section 145 of the Act of 1935 and in force immediately before the transfer date shall, on and after the transfer date, continue in force and have effect as if such regulations were made by the Commission on the transfer date.

(2) Any order made by the Pigs Marketing Board under sections 52 , 54 , 56 , 57 , 58 , 59 , 62 , or 63 of the Act of 1937 and in force immediately before the transfer date shall, on and after the transfer date, continue in force and have effect as if such order were made by the Commission on the transfer date.

(3) Any order (being an appointed price order or an appointed price (amending) order made under section 55 of the Act of 1937) which was in force immediately before the transfer date shall, on and after the transfer date, continue in force and have effect as if such order were made by the Commission on the date on which it was actually made and as if the Commission were on such last-mentioned date already the successor of the Pigs Marketing Board.

Transfer of property of abolished boards.

26. —(1) All property, whether real or personal (including choses-in-action) which immediately before the transfer date was vested in or belonged to or was held in trust for an abolished board and all rights, powers, and privileges relating to or connected with such property shall, on the transfer date and without any conveyance or assignment, but subject where necessary to transfer in the books of any bank, corporation or company, become and be vested in or the property of or held in trust for (as the case may require) the Commission for all the estate, term, or interest for which the same immediately before the transfer date was vested in or belonged to or was held in trust for such abolished board.

(2) All property transferred by this section, which immediately before the transfer date, was standing in the books of any bank or is registered in the books of any bank, corporation, or company shall, upon the request of the Commission made on or at any time after the transfer date, be transferred in such books by such bank, corporation or company into the name of the Commission.

(3) On and after the transfer date, every chose-in-action transferred by this section to the Commission may be sued upon, recovered, or enforced by the Commission in its own name, and it shall not be necessary for the Commission to give notice to the person bound by such chose-in-action of the transfer effected by this section.

(4) The following provisions shall apply in relation to any money or investments transferred to the Commission by this section, that is to say:—

(a) in case such money or investments represents moneys received by the Pigs Marketing Board under section 70 of the Act of 1937, such moneys or investments shall be paid into or form part of the Stabilisation Fund;

(b) in any other case such moneys or investments shall be paid into or form part of the General Fund.

(5) The following provisions shall apply in relation to any chose-in-action transferred to the Commission by this section, that is to say:—

(a) in case such chose-in-action represents money due to the Pigs Marketing Board under section 70 of the Act of 1937, any money received by the Commission in respect of such chose-in-action shall be paid into the Stabilisation Fund;

(b) in any other case, any money received by the Commission in respect of such chose-in-action shall be paid into the General Fund.

Transfer of liabilities of abolished boards.

27. —Every debt and other liability (including unliquidated liabilities arising from torts or breaches of contract) which immediately before the transfer date is owing and unpaid or has been incurred and is undischarged by an abolished board shall, on the transfer date, become and be the debt or liability of the Commission and shall be paid or discharged by and may be recovered from or enforced against the Commission accordingly.

Preservation of continuing contracts.

28. —Every bond, guarantee, or other security of a continuing nature made or given by an abolished board to any person, or by any person to such abolished board, and in force immediately before the transfer date, and every contract or agreement in writing made between an abolished board and another person and not fully executed and completed before the transfer date shall, notwithstanding the dissolution of such abolished board continue in force on and after the transfer date, but shall be construed and have effect as if the name of the Commission were substituted therein for the name of such abolished board and such security, contract, or agreement shall be enforceable by or against the Commission accordingly.

Statement of assets and liabilities transferred to the Commission.

29. —(1) The Commission shall, as soon as may be after the transfer date, cause to be prepared a statement setting out particulars of—

(a) all transferred property and liabilities;

(b) the value of all transferred investments as on the transfer date;

(c) all transferred moneys or investments which are required to be paid into or form part of the Stabilisation Fund;

(d) all transferred choses-in-action the moneys receivable in respect of which are required to be paid into the Stabilisation Fund;

(e) all transferred moneys or investments which are required to be paid into or form part of the General Fund;

(f) all transferred choses-in-action the moneys receivable in respect of which are required to be paid into the General Fund.

(2) The Commission shall furnish to the Minister the statement to be prepared under this section and the Minister shall lay a copy of such statement before each House of the Oireachtas.

(3) In this section—

the word “transferred” means transferred by this Part of this Act to the Commission;

the word “required” means required by this Part of this Act.

Continuance of pending legal proceedings.

30. —In every action, suit, arbitration, or proceeding which is pending on the transfer date in any court or tribunal and to which an abolished board is a party, the Commission shall on the transfer date become and be a party in the place of such abolished board and such proceeding shall be continued between the Commission and the other parties thereto accordingly and no such proceeding shall abate or be discontinued or prejudicially affected by reason of the dissolution of such abolished board.

Preservation of contracts of service.

31. —Every contract of service expressed or implied which is in force immediately before the transfer date between an abolished board and any person being a salaried officer or employee of such abolished board shall continue in force on and after the transfer date, but shall be construed and have effect as if the Commission were substituted therein for each abolished board, and every such contract shall be enforceable by or against the Commission accordingly.

Provisions as regards salaried staffs of abolished boards.

32. —The following provisions shall apply and have effect in relation to any person who immediately before the transfer date was a salaried officer or employee of an abolished board, that is to say:—

(a) such person shall not while in the service of the Commission receive less remuneration than the remuneration to which he was entitled in the service of such abolished board immediately before the transfer date;

(b) the Commission may re-arrange the duties to be performed by such person.

Admissibility in evidence of books of abolished boards.

33. —(1) All books and other documents directed or authorised by or under the Acts to be kept by any abolished board and which immediately before the transfer date, would be receivable in evidence shall, notwithstanding the dissolution of such abolished board, be admitted in evidence as fully as if this Act had not been passed.

(2) Where an extract from or a certificate of the contents of any book or other documents directed or authorised by the Acts to be kept by an abolished board would, if verified in a particular manner by a particular officer of such abolished board, have been admissible before the transfer date as evidence of such contents, an extract from or a certificate of the contents of such book or document shall, if verified in such particular manner by the officer of the Commission corresponding to such particular officer, be admitted, on or after the transfer date, 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 passed.