First Previous (FIRST SCHEDULE Údarás na Gaeltachta)

5 1979

UDARAS NA GAELTACHTA ACT, 1979

SECOND SCHEDULE

Provisions Consequential on Dissolution of Gaeltarra Éireann

Section 7 (2).

Transfer of property.

1. (1) Any property, whether real or personal (including choses-in-action) which immediately before the appointed day was vested in or belonged to or was held in trust for Gaeltarra Éireann and all rights, powers and privileges relating to or connected with any such property shall, on the appointed day, without any conveyance or assignment but subject where necessary to transfer in the books of any bank, corporation, or company, become the property of or be held in trust for and be vested in (as the case may require) an tÚdarás for all the estate, term or interest for which the same immediately before the appointed day was vested in or belonged to or was held in trust for Gaeltarra Éireann, but subject to all trusts and equities affecting the same and then subsisting and capable of being performed.

(2) Any property transferred by this paragraph which immediately before the appointed day was standing in the books of any bank, corporation or company or was registered in the books of any bank, corporation or company in the name of Gaeltarra Éireann shall, upon the request of an tÚdarás made at any time after the appointed day, be transferred in those books by that bank, corporation or company into the name of an tÚdarás.

(3) After the appointed day, every chose-in-action transferred in accordance with this paragraph to an tÚdarás may be sued upon, recovered or enforced by an tÚdarás in its own name, and it shall not be necessary for an tÚdarás to give notice to the person bound by such chose-in-action of the transfer effected by this paragraph.

Transfer of liabilities.

2. (1) Any debt or other liability (including stock and mortgage debts, and unliquidated liabilities arising from torts or breaches of contract) which immediately before the appointed day was owing and unpaid or had been incurred and was undischarged by Gaeltarra Éireann shall, on the appointed day, become and be the debt or liability of an tÚdarás and shall be paid or discharged by and may be recovered from or enforced against an tÚdarás accordingly.

(2) The dissolution effected by section 7 shall not invalidate or affect any paying order or cheque which may have been issued by Gaeltarra Éireann and not presented for payment before the appointed day or any authority given by Gaeltarra Éireann for the payment of the amount of the paying order or cheque, and an tÚdarás shall make arrangements for the payment of the amount of every such paying order or cheque upon due presentation within a reasonable time after the appointed day.

Preservation of continuing contracts.

3. Any bond, guarantee or other security of a continuing character made or given by Gaeltarra Éireann to another person or by any person to Gaeltarra Éireann and in force immediately before the appointed day and every contract or agreement in writing made between Gaeltarra Éireann and another person and not fully executed and completed before the appointed day shall, notwithstanding the dissolution, continue in force after the appointed day but shall be construed and have effect as if the name of an tÚdarás were substituted therein for the name of Gaeltarra Éireann and such security, contract or agreement shall be enforceable accordingly by or against an tÚdarás.

Continuance of pending legal proceedings.

4. In any action, suit, prosecution or other proceeding which was pending immediately before the appointed day in any court or tribunal and to which Gaeltarra Éireann was a party, an tÚdarás shall on the appointed day become and be a party in the place of Gaeltarra Éireann and those proceedings shall be continued between an tÚdarás and the other parties thereto accordingly, and no such proceedings shall abate or be discontinued or prejudicially affected by reason of the dissolution.

Acts Referred to

County Management Acts, 1940 to 1972

Gaeltacht Industries Act, 1957

1957, No. 29.

Gaeltacht Industries Acts, 1957 to 1977

Local Government Acts, 1941

1941, No. 23.

Ministers and Secretaries (Amendment) Act, 1956

1956, No. 21.

Superannuation and Pensions Act, 1963

1963, No. 24.

Valuation Acts