National Treasury Management Agency (Amendment) Act 2014

• Permanent Page URL

PART 5

Claims Management

Interpretation

31. (1) In this Part—

“Act of 2001” means Children Act 2001 ;

“claim for costs” shall be construed in accordance with section 32 ;

“counterclaim” means, in proceedings against a State authority, a counterclaim made by that authority for compensation or damages where the matter in relation to which that counterclaim is made does not stand delegated to the Agency by virtue of an order under section 9(1) of the Act of 2000;

“costs” means fees, disbursements, charges and expenses and, without prejudice to the generality of the foregoing, includes a bill of costs in respect of a barrister or solicitor or of a person who appears as an expert witness;

“delegated claim” means a claim for costs, or a claim for costs of a class, the management of which stands delegated to the Agency under subsection (1) of section 34 and which is not the subject of a direction under subsection (8) of that section;

“manage” means—

(a) in relation to a claim for costs falling within paragraph (a) of the definition of that expression in section 32 , take the steps necessary or expedient for the purposes of disposing (whether by agreement or otherwise) of the claim and, without prejudice to the generality of the foregoing, includes—

(i) perform the clerical and other administrative functions relating to the claim and the disposal of it,

(ii) examine the claim and form an opinion as to the correctness, appropriateness or reasonableness of individual amounts, items or other matters set out in it,

(iii) retain the services of professional and other expert advisers in relation to the claim, the other matters referred to in subparagraph (ii) and the liability (including the amount of the potential financial liability) of the State authority concerned in respect of the claim and the amount (if any) that would be reasonable to pay in settlement of the claim, and

(iv) represent the State authority concerned in a court or other tribunal or before—

(I) the Taxing-Master or a county registrar, or

(II) an arbitrator or a mediator,

in relation to the claim,

and

(b) in relation to a claim for costs falling within paragraph (b) of the definition of that expression in section 32 , take the steps necessary or expedient for the purposes of disposing (whether by agreement or otherwise) of the claim and, without prejudice to the generality of the foregoing, includes retain the services of professional and other expert advisers in relation to the claim, and do, in relation to it, the same things as are referred to in subparagraph (i) and (iv) of paragraph (a);

“relevant Minister of the Government”, in relation to a delegated claim, means—

(a) in a case where the claim for costs, the subject of the delegation, is against or, as appropriate, in favour of a Minister of the Government, the Minister of the Government concerned,

(b) in a case where the claim for costs, the subject of the delegation, is against or, as appropriate, in favour of the State or the Attorney General, the Taoiseach, and

(c) in a case where the claim for costs, the subject of the delegation, is against or, as appropriate, in favour of any other State authority, the Minister of the Government at whose request an order may be made under section 34 (1) in relation to—

(i) the claim for costs concerned, or

(ii) a class of claim for costs to which the claim for costs concerned belongs;

“State authority” means—

(a) the State (whether or not described in the proceedings concerned as Ireland),

(b) a Minister of the Government,

(c) a body specified in the Schedule to the Act of 2000 or, if appropriate, the head of such a body,

(d) the Commissioner of the Garda Síochána,

(e) the Governor of a prison,

(f) the board of management of a community school, or a comprehensive school, which is a recognised school within the meaning of section 2 of the Education Act 1998 ,

(g) the board of management of, or person for the time being managing—

(i) a school that is a children detention school by virtue of section 159 of the Act of 2001,

(ii) a place designated as a children detention school by virtue of section 160 of the Act of 2001, or

(iii) a place providing facilities for the detention of children by virtue of section 161 of the Act of 2001,

(h) the Attorney General,

(i) a person in respect of whom a Minister of the Government pays, or agrees to pay, the amount (if any) payable in respect of a claim for costs against the person, or

(j) any other body that the Minister may, at the request of that body, if appropriate, and with the consent of the relevant Minister of the Government, prescribe by order, being a body established by or under any enactment (other than the Companies Acts), and financed wholly or partly, whether directly or indirectly, by means of moneys provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government, or the head of any such body.

(2) Where it appears to the Minister to be necessary or appropriate that it should do so, an order under paragraph (j) of the definition of “State authority” in subsection (1) may, in consequence of the particular body concerned being prescribed for the purposes of that definition, include provision—

(a) adding to the matters specified in either or both of paragraphs (a) and (b) of the definition of “claim for costs” in section 32 , a reference to a person’s entitlement to have paid to him or her (or, as appropriate, the foregoing body’s entitlement to have paid to it) an amount of costs that arises by virtue of one or more specified provisions of an enactment relating to the foregoing body,

(b) specifying, for the purposes of section 34 (3), the date on which an entitlement to the payment of costs referred to in paragraph (a) arises.

(3) In this section—

“head”, in relation to a body referred to in paragraph (c) or (j) of the definition of “State authority” in subsection (1), means the person who holds, or performs the functions of, the office of chief executive officer (by whatever name called) of the body;

“prison” means a place of custody administered by the Minister for Justice and Equality, and includes Saint Patrick’s Institution, any place provided under section 2 of the Prisons Act 1970 or any place specified to be used as a prison under section 3 of the Prisons Act 1972 and “Governor” and “prison officer”, in relation to a prison, shall be construed accordingly.

(4) Any function conferred, or any liability imposed, on a State authority by this Part shall, in the case of the State, be performed or undertaken on its behalf by the Taoiseach.