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The Agriculture (Northern Ireland) Order 2004

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Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Agriculture (Northern Ireland) Order 2004 No. 3327

Transfer of certain property of ARINI to Department

3.—(1) At any time before the appointed day, the Department may by order transfer any property to which ARINI is entitled, and any rights and liabilities to which ARINI is entitled or subject in connection with that property, to the Department.

(2) Sub-paragraph (1)—

(a)has effect in relation to property, rights or liabilities to which it applies in spite of any provision (of whatever nature) which would prevent or restrict the transfer of the property, rights or liabilities otherwise than by that sub-paragraph; but

(b)does not apply to rights and liabilities under a contract of employment.

(3) The following sub-paragraphs apply in relation to property, rights and liabilities transferred by an order under sub-paragraph (1) and in those sub-paragraphs—

“the transfer” means the transfer effected by the order under sub-paragraph (1); and

“the transfer date” means the date on which the transfer takes effect.

(4) In the construction and for the purposes of any statutory provision or other document passed or made before the transfer date, any reference to, or which is to be construed as a reference to, ARINI shall, so far as may be necessary for the purposes of the transfer, be construed as a reference to the Department.

(5) The transfer does not affect the validity of anything done by, or in relation to, ARINI before the transfer date.

(6) Anything which before the transfer date was done by or in relation to ARINI shall, if in effect immediately before that date, continue to have effect to the same extent and subject to the same provisions as if it had been done by, or in relation to, the Department.

(7) Anything (including any legal proceedings) in the process of being done by or in relation to ARINI immediately before the transfer date may be continued by or in relation to the Department.

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