109ZC.— (1) The Minister shall, on notice to the relevant provider to whom a decision as to breach relates, make an application in a summary manner to the Circuit Court for confirmation of–

(a) where no administrative sanction is imposed, the decision as to breach, or

(b) where an administrative sanction is imposed, the decision as to breach and the administrative sanction.

(2) The Minister shall make an application under subsection (1) where–

(a) the relevant provider does not appeal against the decision within the period specified in section 109ZB(3), or

(b) an appeal is withdrawn, abandoned or struck out, as the case may be, as referred to in section 109ZB(11).

(3) An application under subsection (1) shall be made by the Minister as soon as practicable after the expiration of the period specified in section 109ZB(3) for bringing an appeal or after the appeal is withdrawn, abandoned or struck out, as the case may be, as referred to in section 109ZB(11).

(4) A relevant provider may, as soon as practicable after receiving notice of the application under subsection (1), inform the Minister in writing that the relevant provider does not intend to appear at, or make submissions at, the hearing of the application and where the relevant provider does so, the application and any remaining steps in such application may be made ex parte.

(5) On the hearing of an application under subsection (1), the Circuit Court shall, where paragraph (a) of that subsection applies, confirm the decision as to breach, or where paragraph (b) of that subsection applies, confirm the decision as to sanction and the administrative sanction, unless it is satisfied, on the basis of the evidence that was before the adjudication officer when making the decision or imposing the sanction–

(a) that the officer made an error of law which is–

(i) manifest from the decision, and

(ii) fundamental so as to deprive the decision of its basis,

(b) that the administrative sanction is manifestly disproportionate,

(c) where the administrative sanction is a financial penalty, that the financial penalty is manifestly disproportionate having regard to section 109Z, or

(d) where the administrative sanction is a daily penalty payment, that the daily penalty payment is manifestly disproportionate having regard to section 109ZA.

(6) Where the Circuit Court does not, under subsection (5), confirm a decision as to breach, the Court shall set the decision aside.

(7) Where the Circuit Court does not, under subsection (5), confirm the decision as to breach and the administrative sanction, it may, subject to sections 109Z and 109ZA–

(a) set aside the decision as to breach and the administrative sanction,

(b) confirm the decision as to breach and set aside the administrative sanction,

(c) confirm the decision as to breach and set aside the administrative sanction and replace it with such other administrative sanction as the Circuit Court considers just and appropriate, including in the case of a financial penalty replace it with a different financial penalty and in the case of a daily penalty payment replace it with a different daily penalty payment, or

(d) remit the decision as to breach or, where applicable, the administrative sanction, or both, for reconsideration by an adjudication officer, subject to such directions as it considers appropriate.

(8) Where an application to extend the period for the making of an appeal against a decision as to breach is made under section 109ZB(4), the Circuit Court shall make an order staying proceedings in relation to an application under subsection (1) until the appropriate court has made a decision under section 109ZB(4) in relation to the extension sought.

(9) Where the appropriate court makes an order under section 109ZB(4) extending the period for the making of an appeal under that section, the Circuit Court shall continue the stay on proceedings in relation to an application under this section until–

(a) where the appeal is brought under section 109ZB within the extended period, either–

(i) the appropriate court has made a decision on the appeal under section 109ZB(7), or

(ii) the appeal is withdrawn, abandoned or struck out, or

(b) where the appeal is not brought under section 109ZB within the extended period, until that period as so extended expires.

(10) Where subsection (9)(a)(i) applies, the Circuit Court shall make an order striking out the application of the Minister under subsection (1).

(11) The Circuit Court may make such interim or interlocutory orders as it considers appropriate in any proceedings in relation to an application under subsection (1).

(12) The Circuit Court may direct how the costs of an application under subsection (1) are to be borne having regard to all the circumstances, including any communication of the relevant provider to the Minister under subsection (4).]