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20 2002

COMMUNICATIONS REGULATION ACT, 2002

PART 4

Transition Provisions

Transfer of property and liabilities of Director to Commission.

47. —(1) The following shall be transferred to the Commission on the establishment day—

(a) all property and rights held or enjoyed immediately before the establishment day by the Director, and

(b) all liabilities incurred by the Director that are not discharged before the establishment day,

and, accordingly, without any further conveyance, transfer or assignment—

(i) the property so held or enjoyed, both real and personal, vests on the establishment day in the Commission for all the estate, term or interest for which, immediately before the establishment day, was vested in the Director but subject to all trusts and equities affecting the property and capable of being performed,

(ii) the rights so held or enjoyed, are as on and from the establishment day, held and enjoyed by the Commission, and

(iii) the liabilities so incurred are, as on and from the establishment day, the liabilities of the Commission.

(2) All moneys transferred to the Commission by this section that, immediately before the establishment day, are standing in the name of the Director shall, upon the request of the Commission, be transferred into its name.

(3) Every right and liability transferred by this section to the Commission may, on or after the establishment day, be sued on, recovered or enforced by or against the Commission in its own name and it shall not be necessary for the Commission to give notice, to the person whose right or liability is transferred by this section, of the transfer.

Preservation of certain continuing contracts.

48. —(1) Every bond, guarantee or other security of a continuing nature made or given by or on behalf of the Director to any person or given by any person to and accepted by or on behalf of the Director shall continue in force on and after the establishment day.

(2) Every contract or agreement in writing made between the Director and any other person and in force but not fully executed and completed immediately before the establishment day shall continue in force on and after the establishment day.

(3) For the purposes of subsection (1) and (2), every bond, guarantee or other security and every contract or agreement in writing to which those paragraphs relate shall be read and have effect as if—

(a) the Commission were substituted for the Director as party to it, and

(b) the name of the Commission were substituted in it for that of the Director,

and shall be enforceable by or against the Commission.

Adaptation of certain documents.

49. —With effect from the establishment day—

(a) every document (including any certificate or licence) made, issued or granted in the exercise of a function transferred by section 9 shall, if and in so far as it was operative immediately before the establishment day, have effect on and after that day as if it had been granted or made by the Commission, and

(b) references to the Director in any Act (other than section 15 (5)(a)) or in any other document (being an instrument made, issued or granted under a power or authority conferred by any Act) shall, in so far as it was operative immediately before the establishment day and where the context so allows, be read and have effect on and after that day as a reference to the Commission.

Continuation of certain matters by Commission.

50. —Anything commenced before the establishment day by or under the authority of the Director may, in so far as it relates to functions transferred by this Act, be carried on or completed on or after such day by the Commission.

Pending legal proceedings.

51. —(1) Where, immediately before the establishment day, any legal proceedings are pending in any court or tribunal and the Director is a party to the proceedings, the following shall have effect—

(a) the Commission shall be substituted for the Director as a party to the proceedings.

(b) the name of the Commission shall be substituted in the proceedings for that of the Director, and

(c) the proceedings shall not abate by reason of such substitution.

(2) Where, immediately before the establishment day—

(a) any legal proceedings are pending in any court or tribunal and the Director is a party to those proceedings, and

(b) the proceedings have reference to any functions transferred from the Director to the Commission by section 9 ,

the Commission shall not be substituted for the Director in those proceedings notwithstanding such transfer of functions under this section.