National Treasure Management Agency (Amendment) Act 2000

Satisfaction of claims and counterclaims.

16

16.—(1) ( a) The Agency may, out of advances made by the Minister under subsection (7), pay—

(i) the amount of any costs, charges and expenses incurred from time to time by the Agency in respect of the services of professional and other expert advisers in relation to a delegated claim and, if appropriate, a counterclaim,

(ii) the amount of any award or settlement to be paid to a claimant in respect of a delegated claim,

(iii) the amount of any costs, charges and expenses of a claimant in relation to a delegated claim as agreed by the parties, or in default of agreement, as taxed or ascertained in accordance with rules of court, and

(iv) the amount of interest (if any) payable on any of the amounts referred to in subparagraphs (i), (ii) and (iii).

( b) A payment under paragraph (a) may be in respect of any amount referred to in subparagraph (i), (ii), (iii) or (iv) of that paragraph or part thereof.

(2) A State authority on whose behalf an amount is paid under subsection (1) shall, on the request of the Agency, pay to the Agency the amount so paid not later than 30 days from the receipt by it of the request concerned.

(3) Where a State authority contravenes subsection (2), it shall pay to the Agency the amount to which the request under that subsection relates, together with interest thereon, in respect of the period commencing on the expiration of the 30 days referred to in that subsection and ending on the date of the payment by the State authority concerned of the said amount, calculated at the rate or rates at which, during that period, interest on moneys deposited with the Central Bank of Ireland by the Exchequer is calculated.

(4) All moneys received by the Agency under subsection (2) or (3) shall be paid into the Post Office Savings Bank Fund.

(5) Where an award or settlement is made in favour of a State authority in respect of a counterclaim—

( a) the reference in subsection (1) (a) (ii) to the amount of any award or settlement to be paid to the claimant in respect of a delegated claim shall be construed as a reference to the net amount of such award or settlement following the set-off of the amount due to the State authority in respect of the counterclaim, and

( b) the reference in subsection (1) (a) (iii) to the amount of any costs, charges and expenses of the claimant in relation to the delegated claim concerned shall be construed as a reference to the amount of costs, charges and expenses which the claimant is entitled to recover in respect of the net amount of the award or settlement made in favour of the claimant in respect of the delegated claim concerned following the set-off of the amount due to the State authority in respect of the counterclaim.

(6) Where the amount of—

( a) an award or settlement made in favour of a State authority, and

( b) any costs, charges and expenses of such an authority as agreed by the parties, or in default of agreement, as taxed or ascertained in accordance with rules of court,

in respect of a counterclaim exceeds the total of the amounts referred to in subparagraphs (i), (ii), (iii) and (iv) of subsection (1)(a) in respect of the delegated claim concerned, the Agency shall, as soon as practicable, pay the excess to such an authority.

(7) The Minister may, for the purposes of subsection (1), advance moneys from the Post Office Savings Bank Fund to the Agency.

(8) If the Government makes an order under section 9 (1) in relation to a claim or a class of claims, the power of the Minister under subsection (7) may be exercised by the Agency in relation to the claim or class of claims concerned.

(9) The Minister may give directions or guidelines to the Agency in relation to the exercise by it of the power conferred on it by subsection (8), and the Agency shall comply with any such directions and exercise that power in accordance with any such guidelines.