Technological Universtities Act 2018

50

Liability for loss occurring before appointed day

50. (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 appointed day, of a function of the dissolved body transferred by this Act shall, on and after that day, lie against the technological university and not against the dissolved body.

(2) Any legal proceedings pending immediately before the appointed day, to which the dissolved body is a party, that relate to a function of the dissolved body transferred by this Act, shall be continued on and after that day, with the substitution in the proceedings of the technological university for the dissolved body.

(3) Where, before the appointed day, agreement has been reached between the parties concerned in settlement of a claim to which subsection (1) relates, the terms of which 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, as the case may be, shall, on and after the appointed day, in so far as they are enforceable against the dissolved body, be enforceable against the technological university and not the dissolved body.

(4) Any claim made or proper to be made by the dissolved body in respect of any loss or injury arising from the act or default of any person before the appointed day shall, on and after that day, where the claim relates to a function of the dissolved body transferred by this Act, be regarded as having been made by or proper to be made by the technological university and may be pursued and sued for by that technological university as if the loss or injury had been suffered by that technological university.