Court Proceedings (Delays) Act 2024

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Power of Assessor to require provision of information from third parties

16. (1) For the purpose of his or her examination of an assessment application, an Assessor may, by notice in writing, require any person, other than the applicant, or public body (other than the Revenue Commissioners), to, within such period as may be specified in the notice—

(a) provide the Assessor with such information or documents as are specified by him or her that, in his or her opinion, is or are reasonably required for the purposes of his or her examination of the application, or

(b) verify such information or documents submitted with the application, provided under paragraph (a) or provided in accordance with a request or requirement under section 15 as are specified by the Assessor.

(2) A person or public body to whom a notice under subsection (1) is addressed shall comply with a requirement under subsection (1) within the time period specified in the notice or as extended under subsection (3).

(3) The period specified in a notice under subsection (1) may be extended by the Assessor.

(4) A notice under subsection (1) shall not require the provision of information by a judge, court officer or the Courts Service in relation to the performance of the judicial function (including the management by a judge of the relevant proceedings concerned).

(5) Where a person fails to comply with a requirement under subsection (1), the Assessor shall proceed to make the assessment in the absence of such compliance and based on the information and documents available to him or her.

(6) Subject to subsections (7) and (8), where a person, other than a public body, complies with a requirement under subsection (1) within the time period specified in the notice under that subsection or as extended under subsection (3), an Assessor may, not later than 1 month after such compliance, direct that the person (in this section referred to as a “relevant person”) be paid such amount as the Assessor considers reasonable in respect of the costs incurred by the relevant person in complying with the requirement.

(7) The costs directed to be paid under subsection (6) shall not include any amount relating to costs incurred by the relevant person in respect of legal advice obtained by him or her in relation to a requirement under subsection (1) or compliance with such a requirement.

(8) The Minister may from time to time prepare and issue guidelines as to the level of costs that may be directed to be paid under subsection (6) and, if he or she does so, an Assessor, in making a direction under the subsection shall—

(a) do so in accordance with such guidelines, and

(b) not direct that costs be paid that are in excess of such maximum amount (if any) of costs that may be directed to be paid that is specified by the Minister in the guidelines.

(9) The Minister shall publish, on a website maintained by or on behalf of the Minister, guidelines prepared and issued by him or her under subsection (8) as soon as practicable after they are issued.

(10) The Minister shall, not later than 2 months after the date on which costs (if any) are directed to be paid under subsection (6), pay to the relevant person such costs.