Foreshore Act 1933

Public inquiries.

18

18.The following provisions shall have effect in relation to every public inquiry held by the F124 [ appropriate Minister ] under this Act, that is to say:—

( a) such inquiry shall be held by such person and at such time and place as the F125 [ appropriate Minister ] shall appoint;

( b) the F126 [ appropriate Minister ] shall cause notice of the holding of such inquiry to be given in such manner as he thinks proper to the public and to such particular persons as he thinks proper;

( c) the person holding such inquiry shall have power to take evidence on oath and for that purpose to administer oaths;

( d) all expenses incurred by the F127 [ appropriate Minister ] in holding a public inquiry on the question whether a lease, licence, order, or other document for which a particular person has applied should or should not be made or granted shall, F128 [ unless that Minister ] with the sanction of the Minister for Finance otherwise directs, be paid by the said person who has so applied, and the amount of such expenses shall be fixed by the Minister for Finance, and when so fixed shall be F129 [ recoverable by the appropriate Minister ] from the said person as a civil debt in any Court of competent jurisdiction;

( e) whenever the expenses or any part of the expenses incurred by the F130 [ appropriate Minister ] in holding a public inquiry are not payable by a particular person under the next preceding paragraph of this section, such expenses or such part of such expenses shall be defrayed out of moneys provided by the Oireachtas;

( f) the person holding a public inquiry under this section may, if he thinks proper so to do, order the costs and expenses incurred by any person of appearing or being represented and adducing evidence at such inquiry to be paid by any other person who appeared or was represented at such inquiry;

( g) whenever the person holding a public inquiry under this section orders the costs and expenses incurred by one person to be paid by another person, such costs and expenses shall be taxed and ascertained by a taxing-master of the High Court on the requisition of either the person to whom or the person by whom such costs and expenses were so ordered to be paid, and the amount of such costs and expenses when so taxed and ascertained shall be recoverable as a simple contract debt in any Court of competent jurisdiction by the person to whom and from the person by whom such costs and expenses were so ordered to be paid.

Annotations:

Amendments:

F124

Substituted (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 6(2)(a) and sch. 1 part 1 item 67, commenced as per s. 1(4).

F125

Substituted (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 6(2)(a) and sch. 1 part 1 item 68, commenced as per s. 1(4).

F126

Substituted (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 6(2)(a) and sch. 1 part 1 item 69, commenced as per s. 1(4).

F127

Substituted (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 6(2)(a) and sch. 1 part 1 item 70, commenced as per s. 1(4).

F128

Substituted (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 6(2)(a) and sch. 1 part 1 item 71, commenced as per s. 1(4).

F129

Substituted (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 6(2)(a) and sch. 1 part 1 item 72, commenced as per s. 1(4).

F130

Substituted (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 6(2)(a) and sch. 1 part 1 item 73, commenced as per s. 1(4).

Modifications (not altering text):

C28

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts 2, 3(a), 5 and sch. 1 part 2, in effect as per art. 1(2).

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of –

( a) the enactments specified in Schedule 1, and

...

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

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Schedule 1

Enactments

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Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

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No. 12 of 1933

Foreshore Act 1933

Sections 2, 3, 5, 18 and 22(2)

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...

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