Public Service Management (Recruitment and Appointments) Act 2004

Transfer of rights and liabilities and continuance or completion of matters.

60

60.—(1) On the establishment day and subject to the other provisions of this Part, all rights and liabilities of the dissolved bodies shall—

( a) in so far as they relate only to the conduct of competitions, stand transferred to the Public Appointments Service, and

( b) in every other case, stand transferred to the Commission.

(2) Every right and liability transferred by subsection (1) to—

( a) the Public Appointments Service, or

( b) the Commission,

may be sued on, recovered or enforced by or against the Service or the Commission, as the case may be, in the name of the Service or the Commission, respectively, and it shall not be necessary for the Service or the Commission to give notice to the person whose right or liability is transferred by this section of such transfer.

(3) All legal proceedings pending immediately before the establishment day to which either or both of the dissolved bodies were a party shall continue with the substitution for the dissolved body concerned of the Commission or the Public Appointments Service, as appropriate having regard to subsection (1).

(4) On the establishment day all property including choses-in-action, which immediately before that day was the property of either or both of the dissolved bodies shall stand vested, without any assignment, in—

( a) the Public Appointments Service, in so far as it relates only to the conduct of competitions, and

( b) the Commission in every other case.

(5) Every chose-in-action transferred by subsection (4) to the Commission or the Public Appointments Service may, after the establishment day, be sued on, recovered or enforced by it in the name of the Commission or the Service, respectively, and it shall not be necessary for the Commission or the Service to give notice to the person bound by the chose-in-action of the transfer effected by that subsection.

(6) Anything commenced but not completed before the establishment day by either or both of the dissolved bodies may be carried on and completed on or after that day—

( a) in so far as it relates only to the conduct of competitions, by the Public Appointments Service, and

( b) in every other case, by the Commission.