(1) If an entity is not capable in law of being sued, it may nominate, with the consent of the nominee, a legal person that is so capable as the appropriate defendant for the purposes of a claim brought in reliance on the duty in section 91 and any liability incurred by the entity by reason of section 91(2) is incurred by the nominated legal person.
(2) A nomination under subsection (1) may be made at any time, whether before or after abuse occurs.
(3) If a nomination under subsection (1) is made after abuse occurs—
(a) the nominating entity is taken to be a relevant organisation at the time of the abuse; and
(b) any liability incurred by the entity by reason of section 91(2) is taken to have been incurred by the nominated legal person on and from the date of the abuse.
inserted by No. 12/2017 s. 3.