Environmental Protection Agency Act, 1992 (Dissolution of an Foras Forbartha Teoranta) Order, 1993.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: This Order may be cited as the Environmental Protection Agency Act, 1992 (Dissolution of An Foras Forbartha Teoranta) Order, 1993.
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paragraphs: In this Order—
"the appointed day" means the day specified in article 3 of this Order;
"An Foras" means the National Institute for Physical Planning and Construction Research Limited (An Foras Forbartha Teoranta);
"the Agency" means the Environmental Protection Agency established by section 19 of the Environmental Protection Agency Act, 1992 (No. 7 of 1992).
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paragraphs: The 1st day of August, 1993 is hereby specified as the date upon which An Foras shall be dissolved.
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paragraphs: The following provisions shall apply in relation to the dissolution of An Foras:
(1) ( a ) All officers, servants or employees and other persons who, immediately before the appointed day, were in the employment of An Foras shall, on the appointed day, be transferred to the Agency and become and be employees of the Agency.
( b ) All property, whether real or personal (including choses-in-action) which, immediately before the appointed day was vested in or belonged to or was held in trust for An Foras and all rights, powers and privileges relating to or connected with any such property shall on the said day, 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 for (as the case may require) the Agency for all the estate, term or interest for which the same immediately before the appointed day was vested in or belonged to or was held in trust for An Foras but subject to all trusts and equities affecting the same and then subsisting and capable of being performed.
(c) All property transferred by paragraph (1) ( b ) which immediately before the appointed day 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 Foras shall, upon the request of the Agency made at any time after the said day, be transferred in such books by such bank, corporation or company into the name of the Agency.
(d) After the appointed day, every chose-in-action transferred by paragraph (1) ( b ) from An Foras to the Agency may be sued upon, recovered or enforced by the Agency and it shall not be necessary for the Agency to give notice to the person bound by such chose-in-action of the transfer effected 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 An Foras shall, on the said day, become and be the debt or liability of the Agency and shall be paid or discharged by and may be recovered from or enforced against the Agency accordingly.
( b ) The dissolution of An Foras shall not invalidate or affect any paying order which may have been issued by An Foras and not presented for payment before the appointed day or any authority given by An Foras for the payment of the amount of such paying order, and the Agency shall make arrangements for the payment of the amount of every such paying order upon due presentation within a reasonable time after the said day.
(3) Every bond, guarantee or other security of a continuing character made or given by An Foras to another person or by any person to An Foras and in force immediately before the appointed day and every contract or agreement in writing made between An Foras and another person and not fully executed and completed before the said day shall, notwithstanding the dissolution of An Foras, continue in force after the said day but shall be construed and have effect as if the name of the Agency were substituted therein for the name of An Foras and such security, contract or agreement shall be enforceable by or against the Agency accordingly.
(4) Every resolution passed, order made and notice served by An Foras before the appointed day the operation, effect or term of which had not ceased or expired before the said day shall, after the said day continue in force and have effect as if it were a resolution passed, order made or notice served by the Agency on the date on which the same was actually passed, made or served by An Foras and as if the functions of An Foras were, on the said date, performable by the Agency.
(5) In every action, suit, prosecution or other proceeding which stood pending immediately before the appointed day in any court or tribunal and to which An Foras was a party, the Agency shall on the said day become and be a party in the place of An Foras and such proceedings shall be continued between the Agency and the other parties thereto accordingly, and no such proceeding shall abate or be discontinued, or prejudicially affected by reason of the dissolution of An Foras.
(6) (a) All books and other documents directed or authorised by or under any statute or statutory instrument to be kept by An Foras and which, immediately before the appointed day, would be receivable in evidence shall notwithstanding the dissolution of An Foras be admitted in evidence after the said day as fully as if An Foras 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 An Foras would, if verified in a particular manner by a particular officer of An Foras, 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 Agency be admitted, after the said day, as evidence of such contents to the same extent as such first mentioned extract or certificate would have been so admitted if An Foras had not been dissolved.
(7) All accounts required to be maintained by An Foras and audited pursuant to Articles 100 to 105 of the Articles of Association of An Foras, up to the appointed day shall, in lieu, of being so maintained and audited, be maintained by the Agency and audited by the Comptroller and Auditor General.
(8) The pension payments and other superannuation liabilities in respect of former staff of An Foras shall, on the appointed day, become the liability of the Agency.
GIVEN under the Official Seal of the Minister for the Environment, this 29th day of July, 1993.
MICHAEL SMITH,
Minister for the Environment.
The Minister for Finance hereby consents to the Environmental Protection Agency Act, 1992 (Dissolution of An Foras Forbartha Teoranta) Order, 1993.
GIVEN under the Official Seal of the Minister for Finance, this 29th day of July, 1993.
BERTIE AHERN,
Minister for Finance.
EXPLANATORY NOTE.
This Order brings into effect the dissolution of An Foras Forbartha Teoranta and provides for the transfer of staff, assets, liabilities, contracts etc., to the Environmental Protection Agency.