Skip to main content
Version status: Published
Version date: 4 February 2019 - onwards

10. Liability for loss occurring before dissolution day

This format of the bill is taken from the text of stage 1 published on 4 February 2019 by Dáil Éireann

(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 dissolution day of any of the functions of the dissolved body shall, on and after that day, lie against the Minister and not against the dissolved body.

(2) Any legal proceedings pending immediately before the dissolution day to which the dissolved body is a party shall be continued, with the substitution in the proceedings of the Minister, in so far as they so relate, for the dissolved body.

(3) Where, before the dissolution 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, in so far as they are enforceable against the dissolved body, be enforceable against the Minister 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 dissolution day shall, on or after that day, be regarded as having been made by or proper to be made by the Minister and may be pursued and sued for by the Minister as if the loss or injury had been suffered by the Minister.