S.I. No. 191/2018 - National Treasury Management Agency (Delegation of Claims for Costs Management Functions) Order 2018

1. This Order may be cited as the National Treasury Management Agency (Delegation of Claims for Costs Management Functions) Order 2018.

2. In this Order—

“Act of 2014” means

National Treasury Management Agency (Amendment) Act 2014

(No. 23 of 2014);

“claim for costs” has the same meaning as it has in Part 5 of the Act of 2014;

“State authority” has the same meaning as it has in Part 5 of the Act of 2014.

3. This Order applies to a claim for costs that—

(

a

) is against or in favour of the State, a Minister of the Government, the Attorney General or a State authority specified in column (2) of Schedule 1 or 2, either alone or with any other person, and

(

b

) either—

(i) arises before the date of this Order and is a claim for costs which the Agency and the State authority concerned determine should be managed by the agency, or

(ii) arises after such date.

4. The management of claims for costs to which this Order applies is delegated to the Agency.

5. It is declared that the Agency shall have the functions specified in section 34(5) of the Act of 2014.

6. The National Treasury Management Agency (Delegation of Claims for Costs Management Functions) Order 2015 (

S.I. No. 505 of 2015

) is revoked.

SCHEDULE 1

Article 3

State authorities to which paragraph (i) of the definition of “State authority” applies

Minister of the Government in whom are vested functions in relation to a State authority mentioned in column (2) opposite the mention of that Minister of the Government in this column

State authority

(1)

(2)

Minister for Education and Skills

Irish Research Council

Residential Institutions Statutory Fund Board

Minister for Housing, Planning and Local Government

The following persons, in so far as the claim relates to their performance of functions under the

Electoral Act 1992

(a) A person who stands or was previously appointed as a returning officer for a constituency under

section 30

(2)(a) of the

Electoral Act 1992

;

(b) A person who stands or was previously appointed as an assistant returning officer under

section 30

(2)(b) of the

Electoral Act 1992

;

(c) A person who stands or was previously appointed as a deputy returning officer under

section 30

(3) of the

Electoral Act 1992

;

(d) A person who stands or was previously appointed to act as a returning officer under

section 30

(6) or (7) of the

Electoral Act 1992

.

The following persons, in so far as the claim relates to their performance of functions under the

Presidential Elections Act 1993

(a) A person who stands or was previously appointed as a presidential returning officer under

section 9

(1) of the

Presidential Elections Act 1993

;

(b) A person who stands or was previously appointed to act as a presidential returning officer under

section 9

(2) of the

Presidential Elections Act 1993

;

(c) A person who stands or was previously appointed as a local returning officer under

section 10

(1) of the

Presidential Elections Act 1993

;

(d) A person who stands or was previously appointed to act as a local returning officer under

section 10

(2) of the

Presidential Elections Act 1993

;

(e) A person who stands or was previously appointed as a deputy local returning officer under

section 10

(4) of the

Presidential Elections Act 1993

;

(f) A person who stands or was previously appointed as an assistant local returning officer under

section 10

(6) of the

Presidential Elections Act 1993

.

The following persons, in so far as the claim relates to their performance of functions under the

Referendum Act 1994

(a) A person who stands or was previously appointed as a referendum returning officer under

section 14

(1) of the

Referendum Act 1994

;

(b) A person who stands or was previously appointed to act as a referendum returning officer under

section 14

(2) of the

Referendum Act 1994

;

(c) A person who stands or was previously appointed as a local returning officer under

section 15

(1) of the

Referendum Act 1994

;

(d) A person who stands or was previously appointed to act as a local returning officer under

section 15

(2) of the

Referendum Act 1994

;

(e) A person who stands or was previously appointed as a deputy local returning officer under

section 15

(4) of the

Referendum Act 1994

;

(f) A person who stands or was previously appointed as an assistant local returning officer under

section 15

(7) of the

Referendum Act 1994

.

The following persons, in so far as the claim relates to their performance of functions under the

European Parliament Elections Act 1997

(a) A person who stands or was previously appointed as a chief returning officer under section 15A(1) of the

European Parliament Elections Act 1997

;

(b) A person who stands or was previously appointed as a returning officer under

section 16

(1) of the

European Parliament Elections Act 1997

;

(c) A person who stands or was previously appointed to act as a returning officer under

section 16

(3) of the

European Parliament Elections Act 1997

;

(d) A person who stands or was previously appointed as a local returning officer under

section 17

(1) of the

European Parliament Elections Act 1997

;

(e) A person who stands or was previously appointed as a deputy local returning officer under

section 17

(3) of the

European Parliament Elections Act 1997

;

(f) A person who stands or was previously appointed to act as a local returning officer under

section 17

(4) of the

European Parliament Elections Act 1997

.

Minister for Finance

Tax Appeals Commission

Minister for Health

Cappagh National Orthopaedic Hospital

The Mater Misericordiae University Hospital Ltd

National Rehabilitation Hospital

Peamount Hospital

The Rotunda Hospital

The National Maternity Hospital, Holles Street

St Vincent’s University Hospital

St Michael’s Hospital, Dun Laoghaire

The Children’s University Hospital Ltd., Temple Street

The Royal Hospital Donnybrook

St. John’s Hospital, Limerick

Incorporated Orthopaedic Hospital

Coombe Women and Infants University Hospital

Our Lady’s Children’s Hospital, Crumlin

Mercy University Hospital, Cork

Royal Victoria Eye and Ear Hospital

South Infirmary —Victoria Hospital Limited

Central Remedial Clinic

Minister for Business, Enterprise and Innovation

Companies Registration Office

Director of Corporate Enforcement National Employment Rights Authority

Minister for Justice and Equality

Probation Service

SCHEDULE 2

Article 3

State authorities to which an Order under paragraph (

j

) of the definition of “State authority” applies

Minister of the Government in whom are vested functions in relation to a State authority mentioned in column (2) opposite the mention of that Minister of the Government in this column

State authority

(1)

(2)

Taoiseach

Central Statistics Office

The commission established by the Commission of Investigation (Certain Matters relative to An Garda Síochána and other persons) Order 2014 (

S.I. No. 192 of 2014

)

The commission established by the Commission of Investigation (Irish Bank Resolution Corporation) Order 2015 (

S.I. No. 253 of 2015

)

The tribunal appointed under the Tribunals of Inquiry (Evidence) Acts 1921 and 1979 (No. 2) Order 1997

Law Reform Commission

National Economic and Social Council

National Economic and Social Development Office

Office of the Attorney General

Office of the Director of Public Prosecutions

President’s Establishment

Minister for Agriculture, Food and the Marine

Aquaculture Licences Appeals Board

An Bord Iascaigh Mhara

Marine Institute

Sea Fisheries Protection Authority

Minister for Culture, Heritage and the Gaeltacht

National Library of Ireland

National Gallery of Ireland

National Museum of Ireland

Oifig Choimisinéir na dTeangacha Oifigiúla

Waterways Ireland

Minister for Children and Youth Affairs

Adoption Authority of Ireland

Office of the Ombudsman for Children

Child and Family Agency

Children Detention School

The commission established by the Commission of Investigation (Mother and Baby Homes and certain related Matters) Order 2015 (

S.I. No. 57 of 2015

)

Minister for Defence

Office of the Ombudsman for the Defence Forces

Minister for Education and Skills

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

(No. 51 of 1998)

An Chomhairle um Oideachais Gaeltachta agus Gaelscolaíochta

Grangegorman Development Agency

Higher Education Authority

National Council for Curriculum & Assessment

National Council for Special Education

Qualifications and Quality Assurance Authority of Ireland

Seirbhís Oideachais Leanúnaigh Agus Scileanna

State Examinations Commission

Teaching Council

Minister for Housing, Planning and Local Government

Housing and Sustainable Communities Agency

Pyrite Resolution Board

The tribunal appointed under the Tribunals of Inquiry (Evidence) Acts 1921 and 1979 (No. 3) Order 1997

Minister for Finance

Comptroller and Auditor General

Credit Union Restructuring Board

Irish Fiscal Advisory Council

Revenue Commissioners

National Assets Management Agency

National Treasury Management Agency

Minister for Health

Health Information and Quality Authority

Health Service Executive

Adelaide and Meath incorporating the National Children’s Hospital

Beaumont Hospital

Dublin Dental School and Hospital

St. James’s Hospital

Minister for Business, Enterprise and Innovation

Controller of Patents, Designs and Trade Marks

Employment Appeals Tribunal

Equality Tribunal

Labour Court

Labour Relations Commission

Registrar of Friendly Societies

Minister for Justice and Equality

Censorship of Publications Appeal Board

Censorship of Publications Board

Charities Regulatory Authority

Classification of Films Appeal Board

The commission established by the Commission of Investigation (Ronan MacLochlainn) Order 2014 (

S.I No. 346 of 2014

)

The commission established by the Commission of Investigation (Certain Matters relative to the Cavan/Monaghan Division of the Garda Síochána) Order 2015 (

S.I. No. 38 of 2015

)

The tribunal appointed under the

Tribunals of Inquiry (Evidence) Act 1921

(Establishment of Tribunal) Instrument 2002

The tribunal appointed under the

Tribunals of Inquiry (Evidence) Act 1921

(Establishment of Tribunal) Instrument 2005

Commissioner of the Garda Síochána

Courts Service

Criminal Assets Bureau

Data Protection Commissioner

Garda Síochána Inspectorate

Garda Síochána Ombudsman Commission

Governor of a prison

Insolvency Service of Ireland

Irish Film Classification Office

Legal Aid Board

Private Security Authority

Private Security Appeal Board

Property Registration Authority

Property Services Appeal Board

Property Services Regulatory Authority

Minister for Public Expenditure and Reform

Commissioners for Public Service Appointments

Commissioners of Public Works in Ireland

Commissioner of Valuation

Houses of the Oireachtas Commission

Houses of the Oireachtas Service

Office of the Ombudsman

Public Appointments Service

State Laboratory

Valuation Tribunal

Minister for Employment Affairs and Social Protection

Office of the Pensions Ombudsman

Social Welfare Tribunal

Minister for Transport, Tourism and Sport

Marine Casualty Investigation Board

Road Safety Authority

GIVEN under the Official Seal of the Government,

29 May 2018.

LEO VARADKAR,

Taoiseach.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

1

st June

, 2018.

Whereas each of the following Ministers of the Government, namely, the Taoiseach and Minister for Defence, the Minister for Justice and Equality, the Minister for Finance, the Minister for Education and Skills, the Minister for Housing, Planning and Local Government, the Minister for Employment Affairs and Social Protection, the Minister for Foreign Affairs and Trade, the Minister for Public Expenditure and Reform, the Minister for Culture, Heritage and the Gaeltacht, the Minister for Health, the Minister for Agriculture, Food and the Marine, the Minister for Communications, Climate Action and Environment, the Minister for Rural and Community Development, the Minister for Transport, Tourism and Sport, the Minister for Business, Enterprise and Innovation, and the Minister for Children and Youth Affairs, has requested the Government to delegate by order under

section 34

(1) of the

National Treasury Management Agency (Amendment) Act 2014

(No. 23 of 2014) to the National Treasury Management Agency the management of any claims for costs to which the following order applies against or in favour of him or her or a state authority specified in column (2) of Schedule 1 or 2, functions in relation to which are vested in him or her;

Now, the Government in exercise of the powers conferred on them by

section 34

(1) of the

National Treasury Management Agency (Amendment) Act 2014

(No. 23 of 2014) hereby order as follows