Children, Young Persons and Their Families (Transitional and Savings Provisions) Act 1998
59Legal proceedings by or against Board
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59 Legal proceedings by or against Board
(1) Any legal proceedings which –
(a) are not otherwise specifically referred to in this Part; and
(b) have been instituted by or against the Board; and
(c) are pending immediately before the commencement day –
may be continued by or against the Crown.
(2) Legal proceedings which are not otherwise specifically referred to in this Part and which could have been commenced by or against the Board immediately before the commencement day may be commenced by or against the Crown.
(3) A judgment or order of a court which is not otherwise specifically referred to in this Part that was obtained by or against the Board may be enforced by or against the Crown.
(4) [Section 59 Subsection (4) amended by No. 62 of 1999, Sched. 1, Applied:01 Jul 2000] A contract made or entered into by the Board but not performed or discharged before the commencement day is taken to be a contract made or entered into by the Crown and is not otherwise affected by the commencement of the Children, Young Persons and Their Families (Consequential Repeals and Amendments) Act 1998 .