National Treasury Management Agency (Amendment) Act 2014

36.

Satisfaction of claims for costs

36. (1) The Agency may, out of advances made by the Minister under subsection (8), pay—

(a) the amount of any costs 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,

(b) the amount of any costs comprising the amount due, as agreed by the Agency and a claimant or (in default of agreement) as taxed or ascertained in accordance with rules of court, to the claimant concerned in respect of a delegated claim, and

(c) the amount of interest (if any) payable on any of the amounts referred to in paragraphs (a) and (b).

(2) A payment under subsection (1) may be in respect of any amount referred to in paragraph (a), (b) or (c), or part thereof.

(3) A State authority on whose behalf an amount is paid under subsection (1) shall, at 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.

(4) Where a State authority contravenes subsection (3), 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.

(5) All moneys received by the Agency under subsections (3) and (4) shall be paid into the Post Office Savings Bank Fund.

(6) Where a State authority has an entitlement, as mentioned in section 32(b), to be paid an amount of costs the reference in subsection (1)(b) to the amount of any costs to be paid to a claimant in respect of a delegated claim shall be construed as a reference to the net amount of such costs following the set-off of the amount of costs due to the State authority as mentioned in section 32(b).

(7) Where the amount of costs in favour of a State authority, as mentioned in section 32(b), exceeds the total of the amounts referred to in paragraphs (a), (b) and (c) of subsection (1) in respect of the delegated claim concerned, the Agency shall, as soon as practicable, pay the excess to such an authority.

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

(9) If the Government makes an order under section 34(1) in relation to a claim for costs or a class of such claim, the power of the Minister under subsection (8) may be exercised by the Agency in relation to the claim or class of claim concerned.

(10) 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 (9) ; and the Agency shall comply with any such directions and exercise that power in accordance with any such guidelines.