85. (1) All rights and liabilities of the Health Service Executive arising by virtue of any contract, agreement or arrangement, or commitment (express or implied) entered into by the Health Service Executive and all obligations imposed on the Health Service Executive by virtue of an order of a court or tribunal before the establishment day, insofar as they relate to functions transferred under section 82, shall, on that establishment day, stand transferred to the Agency.

(2) Every right and liability transferred by subsection (1) may, on and after the transfer, be sued on, recovered or enforced by or against the Agency in its name and it shall not be necessary for the Agency to give notice to a person whose right or liability is transferred by that subsection.