The North/South Co-operation (Implementation Bodies) (Northern Ireland) Order 1999

1.—(1) In this Schedule— N.I.

“a relevant transfer” means a transfer of functions under paragraph (1), (2), (3) or (4) of Article 5;

“the transfer date”, in relation to a relevant transfer, means the day on which the transfer takes effect.

(2) In the construction and for the purposes of any enactment or document passed, made or issued before the transfer date, any reference to, or which is to be construed as a reference to, the [F1 Department for Infrastructure] (in this Schedule referred to as “the Department”) shall, so far as may be necessary for the purpose of a relevant transfer, be construed as a reference to the Body.

(3) A relevant transfer shall not affect the validity of any enactment or document made or issued or any other act done by, or in relation to, the Department before the transfer date; and any such enactment, document or act shall, if in force immediately before that date, continue in force to the same extent and subject to the same provisions as if it had been duly made, issued or done by, or in relation to, the Body.

(4) Anything (including any legal proceedings) in the process of being done by or in relation to the Department immediately before the transfer date may, so far as it relates to any function transferred to the Body, be continued by or in relation to the Body.

(5) All property, rights and liabilities to which the Department is entitled or subject immediately before the transfer date in connection with any functions transferred to the Body shall on that date be transferred to, and by virtue of this Order vest in, the Body.

(6) Sub-paragraph (5) does not apply in relation to rights and liabilities which are dealt with in paragraph 2 (transfer of staff).

(7) A certificate signed by the [F2 Minister for Infrastructure] that any property, right or liability has vested in the Body under sub-paragraph (5) or paragraph 2 shall be conclusive evidence of that fact for all purposes.

Textual Amendments

F1 Words in Sch. 4 para. 1(2) substituted (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 6 para. 24(a) (with art. 9(2))

F2 Words in Sch. 4 para. 1(7) substituted (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 6 para. 24(b) (with art. 9(2))

Commencement Information

I1 Sch. 4 para. 1 in force at 2.12.1999, see art. 1(2)