Adoption Act, 1988
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Court costs. |
5.—(1) The health board concerned shall— | |
(a) pay to the parents of the child concerned, in respect of any costs— | ||
(i) that are incurred by them in relation to an application under section 3 (1) or an appeal to the Supreme Court against the making of, or the refusal to make, an order under the said section 3 (1), | ||
(ii) that are not paid by another party to the proceedings, and | ||
(iii) 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, the whole or a part so specified of those costs, as taxed by a Taxing Master of the High Court, or such amount as, in the opinion of the health board and those parents, would be equal to the amount, as may be specified as aforesaid, of those costs or of a part so specified of them if they were taxed as aforesaid, and | ||
(b) if any costs of another party to the proceedings in relation to the application or, as the case may be, the appeal are ordered by the Court or the Supreme Court to be paid by those parents and legal aid in respect of them under any scheme for the provision of legal aid operated by or on behalf of the State has been refused, pay to that other party either, as may be specified by the Court, the whole or a part so specified of those costs, as taxed by a Taxing Master of the High Court, or such amount as, in the opinion of the health board and that other party, would be equal to the amount, as may be specified as aforesaid, of those costs or of a part so specified of them if they were taxed as aforesaid. | ||
(2) Where, on an application under paragraph (b) of section 3 (1)— | ||
(a) (i) the Court makes an order under section 3 (1) and either an appeal is not brought against the order or the order is affirmed by the Supreme Court on appeal, or | ||
(ii) the Court refuses to make an order under section 3 (1) but, following an appeal to the Supreme Court against the refusal, 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 health board concerned shall pay to the persons bringing the application, in respect of any costs incurred by those persons in relation to the application or, as the case may be, the application and the appeal that are not paid by another party to the proceedings either, as may be specified by the Court, the whole or a part so specified of those costs, as taxed by a Taxing Master of the High Court, or such amount as, in the opinion of the health board and those persons, would be equal to the amount, as may be specified as aforesaid, of those costs or of a part so specified of them if they were taxed as aforesaid. |