Further Education and Training Act 2013

41.

Liability for loss occurring before establishment day.

41.— (1) A claim in respect of any loss or injury alleged to have been suffered by any person arising out of the performance before the establishment day of any of the functions of the dissolved body shall on and after that day, lie against An tSeirbhís and not against the dissolved body.

(2) Any legal proceedings pending immediately before the establishment day to which the dissolved body is a party, shall be continued, with the substitution in the proceedings of An tSeirbhís, in so far as they so relate, for the dissolved body.

(3) Where, before the establishment day, agreement has been reached between the parties concerned in settlement of a claim to which subsection (1) relates, the terms of which have not been implemented, or judgment in such a claim has been given in favour of a person but has not been enforced, the terms of the agreement or judgment, as the case may be, shall, in so far as they are enforceable against the dissolved body, be enforceable against An tSeirbhís and not the dissolved body.

(4) Any claim made or proper to be made by the dissolved body in respect of any loss or injury arising from the act or default of any person before the establishment day shall be regarded as having been made by or proper to be made by An tSeirbhís and may be pursued and sued for by An tSeirbhís as if the loss or injury had been suffered by An tSeirbhís.