PART 3

Transitional Provisions

37 .— (1) On the establishment day—

(a) the National Economic and Social Council established on 2 November 1973,

(b) the National Economic and Social Forum established on 23 June 1993, and

(c) the National Centre for Partnership and Performance established on 26 July 2000,

shall stand dissolved.

(2) In this Part “dissolved body” means a body dissolved under this section.

38 .— On the establishment day all property other than land, including choses-in-action, which immediately before that day was the property of a dissolved body shall stand vested in the Office without any assignment.

39 .— (1) All rights and liabilities of a dissolved body arising by virtue of any contract or commitment (expressed or implied) entered into by that body before the establishment day shall on that day stand transferred to the Office.

(2) Every right and liability transferred by subsection (1) may, on and after the transfer, be sued on, recovered or enforced by or against the Office in its own name and it shall not be necessary for the Office to give notice to the person whose right or liability is transferred by this section of such transfer.

40 .— (1) Final accounts of each dissolved body shall be drawn up by the Office, as soon as may be after the establishment day but not later than one year thereafter, in such form as may be approved of by the Taoiseach in respect of the accounting year or part of an accounting year of the dissolved body ending immediately before the establishment day.

(2) Accounts prepared pursuant to this section shall be submitted as soon as may be by the Office to the Comptroller and Auditor General for audit, and, immediately after the audit, a copy of the accounts as audited and a copy of the Comptroller and Auditor General's report on the accounts shall be presented to the Taoiseach who shall cause copies thereof to be laid before each House of the Oireachtas.

41 .— Any legal proceedings pending on the establishment day in any court or tribunal to which a dissolved body is a party shall continue with the substitution of the Office for such party and shall not abate by reason of such substitution.

42 .— (1) Every person who, on the day immediately before the establishment day, is a member of the staff of a dissolved body shall, on that day, be transferred to and become a member of the staff of the Office.

(2) A member of the staff, transferred under subsection (1), of a dissolved body which is referred to in—

(a) section 37 (1)(a), shall be appointed to serve in the Council,

(b) section 37 (1)(b), shall be appointed to serve in the Forum, and

(c) section 37 (1)(c), shall be appointed to serve in the Centre,

unless otherwise agreed by the member under section 26 (8).

(3) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, a person referred to in subsection (1) shall not, while in the service of the Office, be brought to less beneficial conditions of service (including conditions in relation to tenure of office) or of remuneration than the conditions of service (including conditions in relation to tenure of office) or remuneration to which he or she was subject immediately before the establishment day.

(4) In this section “recognised trade union or staff association” means a trade union or staff association recognised by the Office for the purposes of negotiations which are concerned with the remuneration or conditions of employment, or the working conditions of employees.