Home Building Finance Ireland Act 2018
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Services, systems and staff of HBFI | ||
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9. (1) HBFI shall from time to time, following consultation with the Chief Executive of the NTMA, determine the services, systems and staff required by HBFI, or any HBFI group entity, to enable the performance by HBFI of its functions, including the obligations imposed on HBFI under section 7 (2). | ||
(2) The NTMA shall, where practicable, provide such services and systems from the services and systems of the NTMA to HBFI, or any HBFI group entity, as may be necessary to meet the requirements determined by HBFI under subsection (1). | ||
(3) Where services or systems, meeting the requirements determined by HBFI under subsection (1), have been provided by the NTMA to NAMA under section 41 of the Act of 2009, the NTMA shall, subject to the approval of the Chief Executive Officer and Board of NAMA, comply with subsection (2) by providing such services or systems to HBFI or a HBFI group entity, as the case may be. | ||
(4) The NTMA shall assign such staff from the staff of the NTMA to HBFI, or any HBFI group entity, as may be necessary to meet the requirements determined by HBFI under subsection (1). | ||
(5) Where staff, meeting the requirements determined by HBFI under subsection (1), have been assigned by the NTMA to NAMA under section 42 of the Act of 2009, the NTMA shall, subject to the approval of the Chief Executive Officer and Board of NAMA, comply with subsection (4) by assigning such staff to HBFI or a HBFI group entity, as the case may be. | ||
(6) The Chief Executive Officer and Board of NAMA may each withhold approval under subsection (3) or (5) where, in the opinion of the Chief Executive Officer or the Board, the granting of approval is likely to materially affect NAMA’s ability to achieve the purpose specified in section 10 of the Act of 2009. | ||
(7) Where the NTMA is unable for any reason to provide services or systems to HBFI or any HBFI group entity— | ||
(a) HBFI, | ||
(b) the HBFI group entity concerned, or | ||
(c) the NTMA acting on behalf of HBFI or the HBFI group entity concerned, | ||
may procure such services or systems as are necessary to meet the requirements determined by HBFI under subsection (1). | ||
(8) Where a service or system is procured under subsection (7), HBFI shall enter into an agreement with the provider or supplier of that service or system, as the case may be. | ||
(9) A member of staff of the NTMA being assigned to HBFI or a HBFI group entity shall, before such assignment, provide a statement of his or her interests, assets and liabilities to the Chief Executive of the NTMA in a form that the NTMA specifies. | ||
(10) HBFI or a HBFI group entity, as the case may be, shall pay the NTMA for costs incurred by the NTMA, in respect of the provision of services, systems and staff to HBFI or the HBFI group entity concerned. |