Local Government Act, 2001
|
Power to direct payment of certain costs in relation to a public local inquiry, etc. |
214.—(1) Where a public local inquiry is held under this Part, the Minister may in his or her absolute discretion direct the payment of such sum as he or she considers reasonable by— | |
(a) any local authority concerned in such inquiry to the Minister towards the costs incurred by the Minister in holding the inquiry including any payment made under section 213 (8), | ||
(b) any local authority concerned in such inquiry to any person appearing at the inquiry towards the costs incurred by such person, other than costs of such nature as is provided for in subsection (3), | ||
(c) any person appearing at the inquiry to the Minister or to any local authority concerned in such inquiry towards the costs incurred by the Minister or by that authority. | ||
(2) A reference to costs in subsection (1) shall be read as a reference to such costs as the Minister may in his or her absolute discretion determine to be the reasonable costs and irrespective of any amount claimed to have been incurred. | ||
(3) (a) A local authority concerned in a local inquiry held by an inspector under this or any other enactment, shall, if so directed by the inspector, pay or tender to any person whose attendance at the inquiry such inspector requires by notice under section 213 (3) reasonable subsistence and travelling expenses. | ||
(b) The expenses referred to in paragraph (a) shall be determined by that local authority in accordance with the rates for the time being applicable to senior local authority employees. | ||
(4) Where the Minister gives a direction under subsection (1) or an inspector under subsection (3) and a local authority or person the subject of the direction fails to pay such sum as may be specified in the direction to the Minister, to the local authority or other person, as the case may be, the Minister, local authority or that person (as may be appropriate) may recover such sum as a simple contract debt in any court of competent jurisdiction. | ||
(5) Nothing in section 153 shall operate to prejudice the separate appearance or representation, subject to the consent of the Minister, of a manager at a public local inquiry to which section 212 (1)(a) applies in relation to a local authority for which he or she is manager and in such circumstances for the members of the local authority, subject to such consent, by resolution to engage and instruct representation on behalf of the local authority. |