Section 41Part 5 — General
Savings
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The person who immediately before the 15th June, 2004 was the holder of the office of Director, shall hold the office of Director-General under and for the purposes of this Law as if that person had been appointed under this Law on the same terms and conditions that applied to the office of Director under the repealed Law.
Subject to this section, the Cabinet shall on such conditions as the Cabinet may determine, transfer to the Airports Authority such liabilities, rights or obligations, which relate to or are connected with the operation of airports by the Civil Aviation Authority on the 14th June, 2004, as the Cabinet may determine.
Notwithstanding anything to the contrary in any other law, the Airports Authority shall, with effect from the date on which the liabilities, rights and obligations are transferred under subsection (2), be vested with the ownership of the rights and be charged with the liabilities and obligations so transferred or assigned to it.
A certificate issued by the Minister in which it is stated that any right described in such certificate has been transferred to the Airports Authority under subsection (2), shall be sufficient proof that the right so described vests in the Airports Authority.
The Airports Authority shall be substituted as a contracting party in respect of any agreement transferred to the Airports Authority under subsection (2), without such substitution bringing about a novation of such agreement.
Every matter commenced under the repealed law and partly dealt with by the Cabinet, the Civil Aviation Authority or the Director as at the 15th June, 2004 is to be continued and dealt with in all respects as if this Law had not come into force.
Every matter commenced under the repealed law and not wholly or partly dealt with by the Cabinet, the Civil Aviation Authority or the Director as at the 15th June, 2004, is to be taken to be a matter commenced under this Law and this Law is to apply accordingly.
On and after the 15th June, 2004, neither the Cabinet, the Civil Aviation Authority nor the Director shall be liable in damages for anything done or omitted in the discharge or purported discharge of their respective functions under the repealed Law, unless it is shown that the act or omission was in bad faith.
In this section —
"Airports Authority" means the Cayman Islands Airports Authority established under section 3(1) of the Airports Authority Law (2005 Revision);
"Civil Aviation Authority" means the Civil Aviation Authority of the Cayman Islands established under section 3(1) of the repealed Law;
"Director" means the person appointed as Director of Civil Aviation under the repealed Law;
"repealed Law" means the Civil Aviation Authority Law (1997 Revision).
Defined Terms
Airports AuthorityCivil Aviation AuthorityDirectorrepealed Law