No. 52/1924:

PRIVATE BILL COSTS ACT, 1924

ARRANGEMENT OF SECTIONS

1 Application of Parliamentary Deposits Act, 1846.

2 Application of section 2 of House of Commons Costs Taxation Act, 1847.

3 Preparation of list of charges.

4 Application of sections 5 to 10 of House of Commons Costs Taxation Act, 1847.

5 Application of Parliamentary Costs Act, 1865.

6 Further modifications of Acts may be made by order.

7 Definitions.

8 Short title.

AN ACT TO MAKE PROVISION FOR THE AWARDING OF COSTS IN PROCEEDINGS IN RELATION TO PRIVATE BILLS BEFORE EITHER HOUSE OF THE OIREACHTAS OR A COMMITTEE OF EITHER SUCH HOUSE OR A JOINT COMMITTEE OF BOTH SUCH HOUSES, AND FOR THE TAXATION OF SUCH COSTS AND OTHER MATTERS RELATIVE TO PRIVATE BILL PROCEDURE.

[31st October, 1924.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

1.—The Parliamentary Deposits Act, 1846, shall have effect in Saorstát Eireann subject to the following modifications, that is to say:—

( a ) references to the standing orders of either House of Parliament shall be construed as referring to the standing orders made jointly by Dáil Eireann and Seanad Eireann relative to private business;

( b ) references to the Office of Clerk of the Parliaments and references to the Private Bill Office of the House of Commons shall be construed as referring to the Private Bill office of the Oireachtas;

( c ) references to the certificate of the Chairman of Committees of the House of Lords or of the Speaker of the House of Commons shall be construed as referring to the certificate of the Chairman of the Joint Committee of Dáil Eireann and Seanad Eireann on standing orders relative to private business.

2.—Section 2 of the House of Commons Costs Taxation Act, 1847, as amended by the House of Commons Costs Taxation Act, 1879, shall apply to the costs, charges, and expenses in respect of any proceedings before either House of the Oireachtas or a committee of either such House or a joint committee of both such Houses in relation to a private bill in like manner as it applies to the costs, charges, and expenses in respect of any such proceedings as are mentioned in that section.

3.—(1) The Chairman of the Joint Committee of Dáil Eireann and Seanad Eireann on standing orders relative to private business may prepare a list of such charges as it shall appear to him that parliamentary agents, attorneys, solicitors, and others may justly make with reference to the several matters comprised in such list.

(2) The several charges specified in the list prepared pursuant to the foregoing sub-section shall be the utmost charges to be allowed upon the taxation by the taxing officer of the Oireachtas of a bill of costs, charges, and expenses in respect of the several matters specified in such list.

(3) The taxing officer of the Oireachtas may on any taxation allow all fair and reasonable costs, charges, and expenses in respect of any matters not included in the list prepared pursuant to this section.

4.—Sections 5 to 10 inclusive of the House of Commons Costs Taxation Act, 1847, as amended by the House of Commons Costs Taxation Act, 1879, shall apply to the taxation of the costs, charges, and expenses in respect of proceedings before a committee of either House of the Oireachtas or a joint committee of both such Houses with the modifications following, that is to say:—

( a ) references to the taxing officer shall be construed as referring to the taxing officer of the Oireachtas;

( b ) references to standing orders shall be construed as referring to standing orders made jointly by Dáil Eireann and Seanad Eireann relative to private business;

( c ) references to the Speaker shall be construed as references to the Chairman of the Joint Committee of Dáil Eireann and Seanad Eireann on standing orders relative to private business;

( d ) the fees referred to in section 7 of the said Act shall be such fees as shall from time to time be prescribed by standing orders made jointly by Dáil Eireann and Seanad Eireann relative to private business;

( e ) the taxing officer may receive any affidavit which is sworn before a Commissioner for Oaths of the High Court or a Peace Commissioner.

5.—Sections 1 to 5 and 7 to 9 (both inclusive) of the Parliamentary Costs Act, 1865, shall apply to the awarding of costs in proceedings in relation to a private bill before a committee of either House of the Oireachtas or a joint committee of both such Houses with the modifications following, that is to say:—

( a ) the word "committee" shall mean a committee of either House of the Oireachtas or a joint committee of both such Houses;

( b ) the expression "private bill" shall have the same meaning as in this Act;

( c ) references to the taxing officer or to the taxing officer of the House shall be construed as referring to the taxing officer of the Oireachtas;

( d ) references to the standing orders of either House of Parliament shall be construed as referring to the standing orders made jointly by Dáil Eireann and Seanad Eireann relative to private business;

( e ) references to the Parliamentary Deposits Act, 1846, and references to the House of Commons Costs Taxation Act, 1847, shall be construed as referring to those Acts as applied and modified by this Act.

6.—(1) The Ceann Comhairle of Dáil Eireann and the Cathaoirleach of Seanad Eireann may by orders made, signed, and sealed by them jointly make such further modifications in the Parliamentary Deposits Act, 1846, the House of Commons Costs Taxation Act, 1847, the Parliamentary Costs Act, 1865, and the House of Commons Costs Taxation Act, 1879, or any of those Acts as may be necessary to enable those Acts respectively to have full force and effect in regard to the awarding of costs of proceedings in relation to private bills before either House of the Oireachtas or a committee of either such House or a joint committee of both such Houses and in regard to the taxation of such costs.

(2) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution is passed by either such House, within the next subsequent twenty-one days on which such House has sat, annulling such order such order shall be annulled accordingly, but without prejudice to the validity of anything previously done under such order.

(3) Every order made under this section shall be deposited and kept as of record in the Private Bill Office of the Oireachtas and shall be published in the Iris Oifigiúil.

7.—In this Act—

the expression "taxing officer of the Oireachtas" means the taxing officer appointed under the standing orders made jointly by Dáil Eireann and Seanad Eireann relative to private business;

the expression "private bill" means any bill promoted for the particular interest or benefit of any person, or which interferes with the private property of any person otherwise than in the interest of the public generally and as a measure of public policy, and includes any bill for the confirmation of any provisional or other order and any public bill which has been referred to the Examiner by the Ceann Comhairle or the Cathaoirleach of the Seanad under standing orders made jointly by Dáil Eireann and Seanad Eireann relative to private business.

8.—This Act may be cited as the Private Bill Costs Act, 1924 .