Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013

PART 5

Part 2 Inquiry Legal Costs, Part 2 Inquiry Expenses and Private Bill Legal Costs

Chapter 1

Definitions, estimate of Part 2 inquiry legal costs and Part 2 inquiry expenses and parliamentary legal costs adjudicators

Definitions — Part 5.

42.— In this Part—

“certificate of costs”, in relation to Chapter 2 , means a certificate of costs referred to in section 52 (1) and, in relation to Chapter 4 , means a certificate of costs referred to in section 61 (1);

“legal costs accountant” means a person who has regularly participated in the preparation and presentation of bills of costs on behalf of legal practitioners for taxation (or equivalent) of legal costs and has regularly attended before a Taxing Master (or equivalent) of such bills of costs;

“parliamentary legal costs adjudicator” means a legal costs accountant appointed under section 44 (2) to carry out an adjudication referred to in section 51 (1), 57 (3) or 58 (3);

Part 2 inquiry expenses”, in relation to a Part 2 inquiry, means expenses incurred that arise from the inquiry and that are not Part 2 inquiry legal costs, and include such expenses incurred by a witness to, or other person affected by, the inquiry;

Part 2 inquiry legal costs”, in relation to a Part 2 inquiry, means fees, charges, disbursements and other costs incurred that arise from the inquiry and that are for services of a legal nature provided by a legal practitioner;

“petitioner”, in relation to a private bill, means a person who, in accordance with such rules and standing orders (if any) as may be made for the purpose, submits to a House or committee a petition opposing the private bill or a provision of the private bill;

“private bill” means a bill promoted for the particular interest or benefit of a person, or which interferes with the private property of a person (otherwise than in the interest of the public generally and as a measure of public policy), and includes—

(a) a bill for the confirmation of a provisional order or other order,

(b) a public bill which is treated as subject to the rules and standing orders made jointly by Dáil Éireann and Seanad Éireann relative to private business, and

(c) a bill in the nature of a bill for a local and personal Act;

“private bill legal costs” means—

(a) private bill legal costs (petitioner), or

(b) private bill legal costs (promoter);

“private bill legal costs (petitioner)”, in relation to a private bill, means fees, charges, disbursements and other costs incurred by the petitioner that arise from opposition to the private bill and that are for services of a legal nature provided by a legal practitioner;

“private bill legal costs (promoter)”, in relation to a private bill, means fees, charges, disbursements and other costs incurred by the promoter that arise from the promotion of the private bill and that are for services of a legal nature provided by a legal practitioner;

“promoter”, in relation to a private bill, means the applicant in the application for the private bill and, in the case of a private bill which is not being promoted by a body corporate, includes—

(a) a person named in the private bill as a promoter of it, and

(b) a body corporate which would, if the provisions of the private bill were in force, be incorporated as a result;

“provisional order” means an order or scheme made under, and requiring confirmation by, an Act of the Oireachtas;

“specified”, in relation to a form or document, means specified under section 63 ;

“Taxing Master” means a Taxing Master of the Court.