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Indemnity for certain persons
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3. (1) Without prejudice to any other enactment which provides for indemnification, a teacher, tutor, principal, board of management, education and training board, patron or any other person who performs a function in relation to the provision of estimated marks (in this section referred to as a “relevant person”) shall, in the manner and to the extent and subject to the terms and conditions that the Minister, with the consent of the Minister for Finance and the Minister for Public Expenditure and Reform, may from time to time determine, be indemnified by the State against all actions or claims, however they arise, in respect of the performance by such relevant person of such function, where the Minister is satisfied that the relevant person has performed the function in good faith.
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(2) Without prejudice to the generality of subsection (1), terms and conditions referred to in that subsection may include, but are not limited to, the following:
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(a) the exclusion of any unnecessary or unreasonable legal expenses incurred by the relevant person to be indemnified;
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(b) the exclusion of any damage arising from such relevant person not acting bona fide in the performance of the relevant person’s functions or acting with gross negligence or gross neglect of that relevant person’s functions;
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(c) the imposition of requirements as to the notification, including the timing of such notification, and to whom such notification is to be made, by such relevant person of any claim made against that person;
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(d) the provision by such relevant person of all relevant documents in that person’s power, possession or procurement;
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(e) a requirement that such relevant person shall cooperate with any reasonable request considered necessary for the purposes of the proper conduct of the proceedings on behalf of the State;
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(f) that the Chief State Solicitor shall act on behalf of such relevant person or may nominate any other person to so act;
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(g) the determination of the Chief State Solicitor regarding the conduct of the proceedings concerned.
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