National Treasury Management Agency (Amendment) Act 2014

32

Claim for costs — definition

32. In this Part “claim for costs” means—

(a) an entitlement on the part of a person to have paid to the person by a State authority, an amount of costs, being an entitlement arising by virtue of—

(i) an order of a court in any proceedings brought by the person against a State authority, not being proceedings in respect of a claim that is already the subject of a delegation to the Agency by virtue of an order under section 9(1) of the Act of 2000 and which claim is not the subject of a direction under section 9(4) of that Act,

(ii) an order of a court in—

(I) any proceedings brought by the State authority against the person, or

(II) a counterclaim,

(iii) an order under section 6 of the Tribunals of Inquiry (Evidence) (Amendment) Act 1979,

(iv) a direction under section 17 or 24 of the Commissions of Investigation Act 2004,

(v) a determination under section 21(3) of the Arbitration Act 2010, or

(vi) an agreement between the parties concerned in settlement of a claim to which any of subparagraphs (i) to (v) relate,

or

(b) an entitlement on the part of a State authority to have paid to the authority by a person, an amount of costs, being an entitlement arising by virtue of—

(i) an order of a court in any proceedings brought by the person against the State authority (but a similar exclusion to that contained in paragraph (a)(i) applies in relation to this subparagraph as it applies in relation to paragraph (a)(i)),

(ii) an order of a court in—

(I) any proceedings brought by the State authority against the person, or

(II) a counterclaim,

(iii) the operation of Order 26 of the Rules of the Superior Courts (S.I. No. 15 of 1986) or Order 21 of the Circuit Court Rules (S.I. No. 510 of 2001),

(iv) an order, direction or determination referred to in paragraph (a)(iii), (iv) or (v), or

(v) an agreement between the parties concerned in settlement of a claim to which any of subparagraphs (i) to (iv) relate.