Further Education and Training Act 2013

42

Provisions consequent upon transfer of functions, assets and liabilities to An tSeirbhís.

42.— (1) Anything commenced and not completed before the establishment day by or under the authority of the dissolved body may, in so far as it relates to a function transferred to An tSeirbhís under section 38, be carried on or completed on or after the establishment day by An tSeirbhís.

(2) Every instrument made under an enactment and every document (including any certificate) granted or made, in the performance of a function transferred by section 38, shall, if and in so far as it was operative immediately before the establishment day, have effect on and after that day as if it had been granted or made by An tSeirbhís.

(3) References to An Foras Áiseanna Saothair in the memorandum or articles of association of any company (except where they relate to a function transferred to the Minister for Social Protection under the Social Welfare and Pensions Act 2010) shall, on and after the establishment day, be construed as references to An tSeirbhís.

(4) Any money, stocks, shares or securities transferred by section 39 that immediately before the establishment day were standing in the name of the dissolved body shall, on the request of An tSeirbhís be transferred into its name.

(5) A certificate signed by the Minister that any property, right or liability has or, as the case may be, has not vested in An tSeirbhís under section 39 or 40 shall be sufficient evidence, unless the contrary is shown, of the fact so certified for all purposes.