WOOL MARKETING ACT, 1984

Type Act

Publication 1984-07-04

Last updated 2013-05-29

State Repealed superseded text

Text As published

Source Irish Statute Book

articles 6

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

2 amending acts · 2013-05-29, Animal Health and Welfare Act 2013

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AN ACT TO DISSOLVE AN CHOMHAIRLE OLLA. [4th July, 1984]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1 Definition.

1.—In this Act “the Principal Act” means the Wool Marketing Act, 1968.

2 Commencement.

2.—(1) Section 3 (1) and, in so far as it repeals section 12 of and article 1 of the Schedule to the Principal Act, section 5 of this Act shall come into operation on such day as the Minister shall specify by order.

(2) Section 5 of this Act shall—

(a) in so far as it repeals section 16 of the Principal Act, be deemed to have come into operation on the 1st day of January, 1983, and

(b) in so far as it repeals section 18 of the Principal Act, be deemed to have come into operation on the 1st day of January, 1984.

3 Dissolution of An Chomhairle.

3.—(1) An Chomhairle is hereby dissolved.

(2) All property, whether real or personal (including choses-in-action), which immediately before the commencement of this Act was vested in or belonged to or was held in trust or subject to conditions for An Chomhairle and all rights, powers and privileges relating to or connected with any such property, shall on such commencement, without any conveyance or assignment but subject where necessary to transfer in the books of any bank, corporation or company, become and be vested in or the property of or held in trust or subject to conditions for (as the case may require) the Minister.

(3) All property transferred by this section which immediately before the commencement of this Act was standing in the books of any bank or was registered in the books of any bank, corporation or company in the name of An Chomhairle shall, upon the request of the Minister made at any time on or after such commencement, be transferred in those books by the bank, corporation or company into the name of the Minister.

(4) Every chose-in-action transferred by this section may, on or after the commencement of this Act, be sued upon, recovered, or enforced by and in the name of the Minister and it shall not be necessary for the Minister to give notice to the person bound by any such chose-in-action of the transfer effected by this section.

(5) Every debt and other liability (including unliquidated liabilities arising from torts or breaches of contract) which immediately before the commencement of this Act was owing and unpaid or had been incurred and was undischarged by An Chomhairle shall, on such commencement, become and be the debt or liability of the Minister and shall be paid or discharged by and may be recovered from and enforced against the Minister accordingly.

(6) Every contract which was entered into and was in force immediately before the commencement of the Act between An Chomhairle and any person shall continue in force on and after such commencement, but it shall be construed and have effect as if the Minister were substituted therein for An Chomhairle and shall be enforceable by or against the Minister accordingly.

(7) Where, immediately before the commencement of this Act, any legal proceedings were pending to which An Chomhairle was a party, in so far as the proceedings relate to An Chomhairle the Minister shall be substituted for An Chomhairle as a party thereto and if necessary the name of the Minister shall be substituted for that of An Chomhairle and the proceedings shall not abate by reason of any such substitution.

(8) Section 12 of the Finance Act, 1895, shall not apply to the vesting in the Minister of the property or rights transferred by this section.

4 Final accounts, etc.

4.—(1) (a) As soon as may be after all the liabilities of An Chomhairle have been discharged the Minister shall cause to be prepared an account of all moneys received or expended by An Chomhairle during the period beginning on the 1st day of January, 1983, and ending on the day on which the aforesaid liabilities stand discharged.

(b) The Minister shall cause to be prepared a report of the proceedings of An Chomhairle during the year 1983.

(2) The account caused to be prepared under this section shall be submitted as soon as may be by the Minister to the Comptroller and Auditor General for audit.

(3) The Minister shall cause to be laid before each House of the Oireachtas as soon as may be copies of—

(a) the account audited under this section, together with a copy of the report of the Comptroller and Auditor General thereon, and

(b) the report referred to in subsection (1) of this section.

(4) Section 17 (1) of the Principal Act shall not apply as regards either the period of twelve months ending on the 31st day of December, 1983, or any subsequent period of twelve months.

5 Repeals.

5.—Subject to section 3 of this Act, sections 12, 13, 14, 15, 16, 17 (2), 18, 19 and 20 of, and the Schedule to, the Principal Act are hereby repealed.

6 Short title, collective citation and construction.

6.—(1) This Act may be cited as the Wool Marketing Act, 1984.

(2) The Principal Act and this Act may be cited together as the Wool Marketing Acts, 1968 and 1984, and shall be construed together as one Act.

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