Section 24
Transfer of archive undertakings, etc., from National Heritage Board
of National Library Board Act 1995
(1)
All the lands, buildings and other property, movable or immovable, vested in the National Heritage Board immediately before 28 March 2013 (called in this section the transfer date) for the purposes of —
the National Archives; or
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) become, on the transfer date, by virtue of this section and without further assurance, the property, assets, powers, interests, rights, privileges, debts, liabilities and obligations of the Board.
(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, has effect as from that date as if —
the Board had been a party to such an agreement; and
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.
(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 is conclusive evidence that the property, asset, interest, right, privilege, liability or obligation was or was not so transferred or vested.
(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 are to be enforced by or against the Board.
(5)
The operation of subsections (1), (2) and (3) is not to be regarded —
as a breach of contract or confidence or otherwise as a civil wrong;
as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets or liabilities;
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
as an event of default under any contract or other legal instrument.
(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) is deemed by this Act to have been waived.
(7)
No attornment to the Board by a lessee from the National Heritage Board is required.[14K