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Amendment of section 219 of Principal Act.
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40.— The following section is substituted for section 219 of the Principal Act:
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“Power to direct payment of certain costs.
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219.— (1) Where the Board has made a decision in the performance of any functions transferred under section 214, 215, 215A or 215B, it may at its absolute discretion direct the payment of such sum as it considers reasonable by the local authority concerned or, in the case of section 215A or 215B, the person who applied for the acquisition order (hereafter in this section referred to as the ‘applicant’)—
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(a) to the Board towards the costs and expenses incurred by the Board in determining the matter, including—
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(i) the costs of holding any oral hearing in relation to the matter,
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(ii) the fees of any consultants or advisers engaged in the matter, and
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(iii) an amount equal to such portion of the remuneration and any allowances for expenses paid to the members and employees of the Board as the Board determines to be attributable to the performance of duties by the members and employees in relation to the matter,
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and
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(b) to any person appearing at an oral hearing held in relation to the matter as a contribution towards the costs, other than the costs referred to in section 135, incurred by that person of appearing at that hearing,
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and the local authority or applicant, as appropriate, shall pay the sum.
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(2) The reference in subsection (1)(b) to costs shall be construed as a reference to such costs as the Board in its absolute discretion considers to be reasonable costs.
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(3) If a local authority or applicant, as appropriate, fails to pay a sum directed to be paid under subsection (1), the Board or any other person concerned, as the case may be, may recover the sum from the authority or applicant, as appropriate, as a simple contract debt in any court of competent jurisdiction.”.
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