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38. (1) A claim in respect of any loss or injury alleged to have been suffered by any person arising out of the performance, before the appointed day, of a function of the MCIB shall, on and after that day, lie against the Minister and not against the MCIB.
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(2) Any legal proceedings pending immediately before the appointed day, to which the MCIB is a party, shall be continued on and after that day, with the substitution in the proceedings of the Minister for the MCIB.
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(3) Where, before the appointed day, agreement has been reached between the parties concerned in settlement of a claim to which subsection (1) relates, the terms of which have not been implemented, or judgment in such a claim has been given in favour of a person but has not been enforced, the terms of the agreement or judgment, as the case may be, shall, on and after the appointed day, in so far as they are enforceable against the MCIB, be enforceable against the Minister and not the MCIB.
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(4) Any claim made or proper to be made by the MCIB in respect of any loss or injury arising from the act or default of any person before the appointed day shall, on and after that day, be regarded as having been made by or proper to be made by the Minister and may be pursued and sued for by the Minister as if the loss or injury had been suffered by the Minister.
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