Sport Ireland Act 2015

34.

Liability for loss occurring before establishment day

34. (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 Council or of the Authority shall on and after that day, lie against Sport Ireland and not against the Council or the Authority.

(2) Any legal proceedings pending immediately before the establishment day to which the Council or the Authority is a party, that relate to a function of the Council or the Authority, shall be continued, with the substitution in the proceedings of Sport Ireland, in so far as they so relate, for the Council or the Authority and the proceedings shall not abate by reason of such substitution.

(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 the agreement 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, shall, in so far as they are enforceable against the Council or the Authority, be enforceable against Sport Ireland and not the Council or the Authority.

(4) Any claim made or proper to be made by the Council or the Authority in respect of any loss or injury arising from the act or default of any person before the establishment day shall, on and after the establishment day, be regarded as having been made by or proper to be made by Sport Ireland and may be pursued and sued for by Sport Ireland as if the loss or injury had been suffered by Sport Ireland.