Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013

52.

Certificate of costs.

52.— (1) Following an assessment under section 51 where no question of law has been referred to the Court under section 98 or, if such a reference has been made, the reference has been withdrawn or abandoned or determined by the Court, on application by the party concerned, the Oireachtas Commission shall issue a certificate of costs.

(2) The certificate of costs shall be treated for the purposes of any proceedings as evidence of—

( a) the matters to which the Part 2 inquiry legal costs relate,

( b) the amount of Part 2 inquiry legal costs allowed on the assessment, and

( c) how much of that amount is, as at the date of the certificate, outstanding.

(3) Where in proceedings to recover costs certified under this section, the respondent states, whether in writing or otherwise, that he or she is not liable to pay such costs (or part of such costs), the certificate of costs is to be treated for the purposes of any proceedings as evidence only of such amount (if any) as the claimant may recover from the respondent as a result of the first-mentioned proceedings.

(4) At any time after the issue of a certificate of costs, the party entitled to an adjudicated bill of costs may demand the full certified amount thereof, from one or more persons liable to the payment.

(5) Following a demand by a person under subsection (4) for payment of an adjudicated bill of costs, where no payment is made to the person, he or she may recover the same as a simple contract debt in any court of competent jurisdiction.

(6) In the case of a certificate of costs requiring more than one person to be liable for a specified sum, any person from whom the amount of costs or sum certified under this section has been recovered or is to be recovered may claim from the other persons, or any of them, who are liable to the payment of such costs or sum certified a proportionate share thereof, according to the number of persons so liable, and according to the extent of the liability of each person.