STATUTORY INSTRUMENT

S.I. NO. 170 OF 2000

NATIONAL REHABILITATION BOARD (TRANSFER OF PROPERTY, RIGHTS AND LIABILITIES) ORDER, 2000

DUBLIN

PUBLISHED BY THE STATIONERY OFFICE

S.I. No. 170 of 2000

NATIONAL REHABILITATION BOARD (TRANSFER OF PROPERTY, RIGHTS AND LIABILITIES) ORDER, 2000

The Minister for Health and Children in exercise of the powers conferred on him by Section 37 of the National Disability Authority Act, 1999 ( No. 14 of 1999 ) hereby orders as follows:--

1. This Order may be cited as the National Rehabilitation Board (Transfer of Property, Rights and Liabilities) Order, 2000.

2. In this Order --

“the appointed day” means the day on which this Order comes into operation

“the Board” means the National Rehabilitation Board as established by the National Rehabilitation Board (Establishment) Order, 1967 ( S.I. No. 300 of 1967 )

“function of the Board” means a function as set out in the National Rehabilitation Board (Establishment) Order 1967 ( S.I. No. 300 of 1967 )

“the Minister” means the Minister for Health and Children

“public body” means one of the following:

- Comhairle as established by Section 3 of the Comhairle Act, 2000 ( No.1 of 2000 ) and the Comhairle Act 2000 (Establishment Day) Order, 2000 ( S.I. No. 167 of 2000 )

- Foras Áiseanna Saothair (FÁS) as established by Section 2 of the Labour Services Act, 1987 ( No. 15 of 1987 ) and the Labour Services Act, 1987 (Establishment Day) Order, 1987 ( S.I. No. 248 of 1987 )

- National Disability Authority (NDA) as established by Section 3 of the National Disability Authority Act, 1999 ( No. 14 of 1999 ) and the National Disability Authority Act, 1999 (Establishment Day) Order, 2000 ( S.I. No. 162 of 2000 ).

3. This Order shall come into operation on the 12th day of June 2000.

4. On the coming into operation of this Order--

(1) (a) All real property which immediately before the appointed day was vested in or belonged to or was held in trust for the Board or was leased to the Board and all rights, powers and privileges relating to or connected with any such property shall on the appointed day, without any conveyance, transfer or assignment, become and be vested in, or the property of, or assigned to, or held in trust for (as the case may require) the relevant public body, in accordance with Part I of the Schedule, for all the estate, term or interest for which immediately before the appointed day, it was vested in or belonged to or was leased for, or was held in trust for the Board but subject to all trusts and equities affecting the same and then subsisting and capable of being performed.

(b) All real property referred to in sub-paragraph (a) which immediately before the appointed day was standing in the name of the Board shall, upon the request of the relevant public body, in accordance with Part 1 of the schedule, made at any time after the appointed day, be transferred into the name of the relevant public body.

(c) The personal property of the Board, which, immediately before the appointed day, was vested in or belonged to or was held in trust for the Board and all rights, powers and privileges related to or connected with any such property shall transfer to a public body as determined by the Minister for all the estate, term or interest for which immediately before the appointed day, it was so vested in the Board, on a date to be determined by the Minister.

(d) (i) Every chose-in-action vested in the Board before the appointed day and related to or connected with a function or service which was exercised, supervised, arranged or operated by the Board and which function or service or similar function or service is, on the appointed day, exercised, supervised, arranged or operated by a public body shall be transferred to that public body together with all rights, powers and / or privileges relating to or connected with such chose-in-action.

(d) (ii) After the appointed day, every chose-in-action transferred by (d)(i) above from the Board to a public body may be sued upon, recovered or enforced by that public body as appropriate and it shall not be necessary for such public body to give notice to the person bound by such chose-in-action of the transfer affected by this paragraph.

(2) (a) Every debt and other liability (including mortgage debts and also including unliquidated liabilities arising from tort or breach of contract) which immediately before the appointed day was owing and unpaid or had been incurred and was undischarged by the Board shall, on the appointed day, become and be the debt or liability of the National Disability Authority, and shall be paid or discharged by and may be recovered from or enforced against the National Disability Authority accordingly.

(b) The dissolution of the Board shall not invalidate or affect any paying order relating to the services provided by the Board, which may have been issued by the Board and not presented for payment before the appointed day, or any authority given by the Board for the payment of the amount of such paying order, and the National Disability Authority shall make arrangements for the payment of the amount of every such paying order upon due presentation within a reasonable time after the appointed day.

(3) Every bond, guarantee or other security of a continuing character made or given by the Board to another person or by any person to the Board and in force before the appointed day, and related to or connected with a function or service which was exercised, supervised, arranged or operated by the Board and which function or service or similar function or service is, on the appointed day, exercised, supervised, arranged or operated by a public body shall continue in force after the appointed day and shall be construed and have effect as if the name of the said public body as appropriate was substituted therein for the name of the Board and such bond, guarantee or other security shall be enforceable by or against that public body accordingly.

(4) Every contract or agreement in writing made between the Board and another person and not fully executed or completed before the appointed day and related to or connected with a function or service which was exercised, supervised, arranged or operated by the Board and which function or service or similar function or service is, on the appointed day, exercised, supervised, arranged or operated by a public body shall continue in force after the appointed day and shall be construed and have effect as if the name of the said public body was substituted therein for the name of the Board and such contract or agreement shall be enforceable by or against such public body accordingly.

(5) (a) In any action, suit, prosecution or other proceedings related to or connected with a function or service which was exercised, supervised, arranged or operated by the Board and which function or service or similar function or service, is on the appointed day, exercised, supervised, arranged or operated by a public body, and which stood pending immediately before the appointed day in any court or tribunal and to which the Board was a party, that public body shall on the appointed day become and be a party in the place of the Board and such proceedings shall be continued between that public body and the other parties thereto accordingly, and no such proceeding shall abate or be discontinued, or prejudicially affected by reason of the dissolution of the Board.

(b) In any action, suit, prosecution or other proceedings connected with or related to any real property dealt with by virtue of Article 4 (1) herein, and which stood pending before any court or tribunal before the appointed day, and to which the Board was a party, the public body called Comhairle shall on the appointed day, become and be a party in the place of the Board and such proceedings shall be continued between Comhairle and the other parties there-to accordingly, and no such proceeding shall abate or be discontinued, or prejudicially affected by reason of the dissolution of the Board.

(6) (a) All books and other documents directed or authorised by or under any statute or statutory instrument to be kept by the Board and which, immediately before the appointed day would be receivable in evidence shall notwithstanding the dissolution of the Board be admitted in evidence after the said day as fully as if the Board had not been dissolved.

(b) Whenever an extract from or certificate of the contents of any book or other document directed or authorised by or under any statute or statutory instrument to be kept by the Board would, if verified in a particular manner by a particular officer of the Board, have been admissible immediately before the appointed day as evidence of such contents, an extract from or certificate of the contents of such book or document shall, if certified in such particular manner by the appropriate public body, be admitted, after the appointed day, as evidence of such contents to the same extent as such first mentioned extract or certificate would have been so admitted if the Board had not been dissolved.

SCHEDULE

PART 1.

The Minister for Justice, Equality and Law Reform hereby consents to the making of this Order.

The Minister for Enterprise, Trade and Employment hereby consents to the making of this Order.

The Minister for Social, Community and Family Affairs hereby consents to the making of this Order.

EXPLANATORY NOTE

This Order transfers certain properties, rights, and liabilities of the National Rehabilitation Board, to the National Disability Authority (under Department of Justice, Equality and Law Reform), FÁS (under Department of Enterprise, Trade and Employment), and Comhairle (under Department of Social, Community and Family Affairs).

This Order should be read in conjunction with the National Rehabilitation Board (Dissolution and Revocation) Order, 2000 ( S.I. No. 171 of 2000 ).