Singapore legislation

Section 14K

of National Library Board Act

Section 14K

Transfer of archive undertakings, etc., from National Heritage Board

Amended by25/201225/201225/201225/201225/201225/201225/2012

(1)

All the lands, buildings and other property, movable or immovable, vested in the National Heritage Board immediately before 28 March 20131 (referred to in this section as the transfer date) for the purposes of —1 Date of commencement of the Statutes (Miscellaneous Amendments) (No. 2) Act 2012 (Act 25 of 2012).(a)the National Archives; or

(b)

any oral history centre established by the National Heritage Board,and all assets, powers, interests, rights, privileges, debts, liabilities and obligations of the National Heritage Board relating to paragraph (a) or (b) shall, on the transfer date, become by virtue of this section and without further assurance, the property, assets, powers, interests, rights, privileges, debts, liabilities and obligations of the Board.

Amended by25/2012

(2)

Every agreement relating to any of the properties, assets, interests, rights, privileges, liabilities or obligations transferred under subsection (1) and to which the National Heritage Board was a party immediately before the transfer date, whether or not of such nature that the rights and liabilities could be assigned, shall have effect as from that date as if —

(a)

the Board had been a party to such an agreement; and

(b)

for any reference to the National Heritage Board there were substituted in respect of anything to be done on or after the transfer date a reference to the Board.

Amended by25/2012

(3)

If any question arises as to whether any particular property, asset, interest, right, privilege, liability or obligation has been transferred to or vested in the Board under subsection (1), a certificate under the hand of the Minister charged with the responsibility for finance shall be conclusive evidence that the property, asset, interest, right, privilege, liability or obligation was or was not so transferred or vested.

Amended by25/2012

(4)

Any proceedings or cause of action pending or existing immediately before the transfer date by or against the National Heritage Board relating to the National Archives or any oral history centre transferred under subsection (1) may be continued and shall be enforced by or against the Board.

Amended by25/2012

(5)

The operation of subsections (1), (2) and (3) shall not be regarded —

(a)

as a breach of contract or confidence or otherwise as a civil wrong;

(b)

as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets or liabilities;

(c)

as giving rise to any remedy by a party to a legal instrument, or as causing or permitting the termination of any legal instrument, because of a change in the beneficial or legal ownership of any asset or liability; or

(d)

as an event of default under any contract or other legal instrument.

Amended by25/2012

(6)

Any provision in any existing contract, agreement, conveyance, deed, lease, guarantee, bond, indemnity and other instrument or undertaking to which the National Heritage Board is a party or may be bound prohibiting or having the effect of prohibiting the transfer of any property, assets, interests, rights, privileges, liabilities or obligations comprised in the undertaking transferred under subsection (1) shall be deemed by this Act to have been waived.

Amended by25/2012

(7)

No attornment to the Board by a lessee from the National Heritage Board shall be required.

Amended by25/2012