Cap. 438 Art. 63Transfer of assets to theAuthority. Transitory provisions relating to the transfer of assets.

(1) (a) The property and undertakings owned by the Government and used by it, immediately before the date of the coming into force of this Part, for the operation of any of the functions which by this Act are being transferred to or vested in the Authority shall, on the date aforesaid, by virtue of this Act and without further assurance, be transferred to and vested in the Authority under the same title by which they were held by the Government immediately before the said date. The provisions of this paragraph shall not apply to immovable property.

(b) The immovable assets from time to time specified in an Order made by the President of Malta and published in the Gazette (hereinafter referred to as "the immovable assets") being immovable assets which immediately before the coming into force of this Part were owned by the Government and used by it for the operation of any of the functions which by this Act are being transferred to or vested in the Authority or otherwise for the operation of any of the functions prescribed by any law being repealed in terms of article 80, shall, with effect from such day as may be specified in any such order, and by virtue of this Act and without any further assurance, be transferred to and vested in the Authority under the same title by which they were held by the Government before such day.

(2) The transfer and vesting aforesaid shall, subject to the provisions of subarticle (1)(a) and (b), extend to the whole of such property and undertakings or assets and, without prejudice to the generality aforesaid, shall include all plant, equipment, apparata, instruments, vehicles, craft, buildings, structures, installations, land, roads, works, stocks and other property, movable or immovable, assets, powers, rights and privileges and all things necessary or ancillary thereto which are held or enjoyed in connection therewith or appertaining thereto, as well as all obligations affecting or relating to any of the aforesaid property

*This article is not yet in force. contracts, agreements, instruments, documents, warrants and other arrangements, subsisting immediately before the date of the coming into force of this Part affecting or relating to the properties and undertakings transferred to the Authority by virtue of article 63(1)(a), or those affecting or relating to any immovable asset referred to in article 63(1)(b) in respect of which an Order as referred to in the said article 63(1)(b) has been published and subsisting immediately before the date specified in such Order as the date with effect from which the said immovable asset shall be transferred to the Authority by virtue of the said article 63(1)(b), shall have full force and effect against or in favour of the Authority, and shall be enforceable freely and effectually, as if instead of the Government or government department or authority, the Authority had been named therein or had been a party thereto, and otherwise in substitution of the Government or government department or authority. 65.* (1) When anything has been commenced by or under the authority of the Government prior to the date of the coming into force of this Part and such thing relates to any of the properties and undertakings referred to in article 63(1)(a) or to any right or liability related thereto transferred to the Authority by or under this Act, such thing may be carried on and completed by or as authorised by the Authority.

(2) Where immediately before the date of the coming into force of this Part, any legal proceedings are pending to which the Government is, or is entitled, to be a party, and such proceedings are related to any of the properties and undertakings referred to in article 63(1)(a) or to any right or liability related thereto transferred to the Authority by or under this Act, the Authority shall, as from the date aforesaid, be substituted in such proceedings for the Government, or shall be made a party thereto in like manner as the Government could have become, and such proceedings shall not abate by reason of the substitution.

(3) When anything has been commenced by or under the authority of the Government prior to the date specified in an Order as referred to in article 63(1)(b) relating to an immovable asset as referred to in the said article 63(1)(b) as the date with effect from which the said immovable asset shall be transferred to the Authority by virtue of the said article 63(1)(b), and such thing relates to the said immovable asset or any right or liability related to such asset transferred to the Authority by or under this Act, such thing may be carried on and completed by or as authorised by the Authority.

(4) Where immediately before the date specified in an Order as referred to in article 63(1)(b) relating to an immovable asset as

*This article is not yet in force. to be a party, and such proceedings are related to the said immovable asset or any right or liability related to such asset transferred to the Authority by or under this Act, the Authority shall, as from the date aforesaid, be substituted in such proceedings for the Government, or shall be made a party thereto in like manner as the Government could have become, and such proceedings shall not abate by reason of the substitution.

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