39Transitional matters in relation to continued scheme

39 Transitional matters in relation to continued scheme

On and from the transfer date –

(a) a reference in any other Act, in any instrument made under any other Act, in any contract, agreement, arrangement or undertaking, or in any document of any kind, to –

(i) the Board; or

(ii) any predecessor of the Board –

to the extent to which the reference relates to the assets, or the rights or liabilities, of the Board in relation to the continued scheme, is taken to be, or include, a reference to the Commission; and

(b) any legal, or other, proceedings that –

(i) relate to the continued scheme or to assets, rights or liabilities that are, after the transfer date, assets, rights or liabilities of the Commission or the Fund; and

(ii) are commenced, before the transfer date, by or against the Board or a predecessor of the Board; and

(iii) are pending immediately before the transfer date –

are taken to be proceedings pending by or against the Commission; and

(c) any legal, or other, proceedings that –

(i) relate to the continued scheme or to assets, rights or liabilities that are, after the transfer date, assets, rights or liabilities of the Commission or the Fund; and

(ii) could have been commenced, before the transfer date, by or against the Board or a predecessor of the Board –

may be commenced by or against the Commission; and

(d) a judgement or order of a court, or other tribunal, that –

(i) relates to the assets, rights or liabilities of the Board or the Fund in relation to the continued scheme; and

(ii) is obtained before the transfer date by or against the Board or a predecessor of the Board –

may be enforced by or against the Commission; and

(e) any document, relating to legal, or other, proceedings, that –

(i) relates to the assets, rights or liabilities of the Board or the Fund in relation to the continued scheme; and