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QUALIFICATIONS (EDUCATION AND TRAINING) ACT, 1999
[GA] | ||
[GA] |
Chapter V Dissolution of National Council for Educational Awards. | |
[GA] |
Dissolution of National Council for Educational Awards. |
33. —(1) The National Council for Educational Awards is hereby dissolved. |
[GA] | (2) Subject to subsection (3), references to the National Council for Educational Awards in an enactment (other than this Act) or in an instrument made thereunder or in the memorandum or articles of association of any company (within the meaning of the Companies Acts, 1963 to 1990) or any other legal document, shall be construed, on and after the commencement of this Chapter, as references to the Council. | |
[GA] | (3) Subsection (2) shall not apply to references to the National Council for Educational Awards in regulations made under section 1(1) of the Higher Education Authority Act, 1971 . | |
[GA] |
Pending legal proceedings. |
34. —Where, immediately before the commencement of this Chapter, any legal proceedings are pending in any court or tribunal and the National Council for Educational Awards or any trustee or agent thereof acting on its behalf is a party to the proceedings, the name of the Council shall be substituted in the proceedings for that of the National Council for Educational Awards or, as the case may be, such trustee or agent thereof, or added in those proceedings as may be appropriate, and those proceedings shall not abate by reason of the substitution. |
[GA] |
Transfer of assets and liabilities to Council. |
35. —(1) The following shall be and hereby are transferred to the Council— |
[GA] | (a) all property and rights relating to such property held or enjoyed immediately before the commencement of this Chapter by the National Council for Educational Awards or any trustee or agent thereof acting on its behalf, | |
[GA] | (b) all liabilities incurred before such commencement by the National Council for Educational Awards or any trustee or agent thereof acting on its behalf that had not been discharged before such commencement, | |
[GA] | and, accordingly, without any further conveyance, transfer or assignment— | |
[GA] | (i) the said property, real and personal, shall, on such commencement, vest in the Council for all the estate, term or interest for which, immediately before such commencement, it was vested in the National Council for Educational Awards but subject to all trusts and equities affecting the property and capable of being performed, | |
[GA] | (ii) those rights shall, as and from such commencement, be enjoyed by the Council, and | |
[GA] | (iii) those liabilities shall, as and from such commencement, be liabilities of the Council. | |
[GA] | (2) All moneys, stocks, shares and securities transferred to the Council by this section which, on the commencement of this Chapter, are standing in the name of the National Council for Educational Awards or any trustee or agent thereof shall, upon the request of the Council, be transferred into its name. | |
[GA] | (3) Every right and liability transferred to the Council by this section may, on or after the commencement of this Chapter, be sued on, recovered or enforced by or against the Council in its own name and it shall not be necessary for the Council to give notice to the person whose right or liability is transferred by this section of the transfer. | |
[GA] |
Preservation of certain continuing contracts and adaptation of references. |
36. —Every bond, guarantee or other security of a continuing nature made or given by or on behalf of the National Council for Educational Awards to any person or given by any person to and accepted by or on behalf of the National Council for Educational Awards and every contract or agreement made between the National Council for Educational Awards, or any trustee or agent thereof acting on its behalf, and any other person and in force but not fully executed and completed immediately before the commencement of this Chapter shall continue in force on and after such commencement and shall be construed and have effect as if the name of the Council was substituted therein for that of the National Council for Educational Awards or, as appropriate, any trustee or agent thereof acting on its behalf, and shall be enforceable by or against the Council. |
[GA] |
Repeal of National Council for Educational Awards Act, 1979. |
37. —The National Council for Educational Awards Act, 1979 , is hereby repealed. |