86. (1) Every contract, agreement or arrangement insofar as it relates to functions transferred under section 82 made between the Health Service Executive or any trustee or agent thereof acting on its behalf, and any other person, which is in force immediately before the establishment day, shall continue in force and shall be construed and have effect as if the name of the Agency were substituted therein for that of the Health Service Executive or, as may be appropriate, its trustee or agent, and shall be enforceable by or against the Agency.

(2) Notwithstanding subsection (1), where a contract, agreement or arrangement relates to a service required in connection with the performance of a function transferred under section 82 and also relates to a service required in connection with the performance of a function which, after the establishment day, remains a function of the Health Service Executive, the Health Service Executive and the Agency may agree in writing that such contract, agreement or arrangement shall continue in force as if the name of the Agency were included therein with that of the Health Service Executive or, as may be appropriate, its trustee or agent, and the contract, agreement or arrangement concerned shall be enforceable by or against the Agency in so far as the service the subject matter of the contract, agreement or arrangement is required in connection with the performance of a function transferred under section 82 and by or against the Health Service Executive in so far as the service the subject matter of the contract, agreement or arrangement is required in connection with the performance of a function of the Health Service Executive.