Adoption Act 2010

56

Court costs.

56.— (1) The F60[Child and Family Agency] shall pay to the parents of the child concerned, in respect of any costs—

(a) that are incurred by them in relation to an application under section 54(1) or F61[an appeal to the Court of Appeal or the Supreme Court, as the case may be,] against the making of, or the refusal to make, an order under section 54(2),

(b) that are not paid by another party to the proceedings, and

(c) in relation to which, legal aid under any scheme for the provision of legal aid operated by or on behalf of the State has been refused,

either, as may be specified by the Court—

(i) the whole or a part so specified of those costs, as taxed by a Taxing Master of the High Court, or

(ii) such amount as, in the opinion of the F60[Child and Family Agency] and those parents, would be equal to the amount, as may be specified, of those costs or of a part so specified of them, if they were taxed by a Taxing Master of the High Court.

(2) Where—

(a) any costs of another party to the proceedings in relation to the application under section 54(1) or the appeal are ordered by F61[the High Court, the Court of Appeal or the Supreme Court] to be paid by the parents of the child concerned, and

(b) legal aid in respect of those costs under any scheme for the provision of legal aid operated by or on behalf of the State has been refused,

the F60[Child and Family Agency] shall pay to that other party, in respect of those costs either, as may be specified by the High Court or the Supreme Court—

(i) the whole or a part so specified of those costs, as taxed by a Taxing Master of the High Court, or

(ii) such amount as, in the opinion of the F60[Child and Family Agency] and that other party, would be equal to the amount, as may be so specified, of those costs or of a part so specified of them, if they were taxed by a Taxing Master of the High Court.

(3) Where, on an application under section 54 (1) (b)

(a) the High Court makes an order under section 54 (2) and either—

F61[(i) an appeal against the order

(I) is not brought or the order is confirmed on appeal by Court of Appeal, and

(II) is not, brought (whether under Article 34.5.4° or on appeal from a decision of the Court of Appeal) or the order is confirmed on appeal by the Supreme Court, or

(ii) the High Court refuses to make an order under section 54(2) but, following an appeal to the Court of Appeal or the Supreme Court, as the case may be, the order is made, and]

(b) legal aid for the persons bringing the application under any scheme operated by or on behalf of the State for the provision of legal aid has been refused,

the F60[Child and Family Agency] shall pay to the persons bringing the application, for any costs incurred by them in relation to—

(i) the application, or

(ii) the application and the appeal,

that are not paid by another party to the proceedings either, F61[as may be specified by the High Court, the Court of Appeal or the Supreme Court]

(I) the whole or a part so specified of those costs, as taxed by a Taxing Master of the High Court, or

(II) such amount as, in the opinion of the F60[Child and Family Agency] and those persons, would be equal to the amount, as may be specified, of those costs or of a part so specified of them if they were taxed by a Taxing Master of the High Court.

Annotations

Amendments:

F60

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 21, S.I. No. 502 of 2013.

F61

Substituted (28.10.2014) by Court of Appeal Act 2014 (18/2014), s. 74(3) and sch. 2 item 8, S.I. No. 479 of 2014, in effect as per reg. 2(f).