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Transitional financial provisions
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55. (1) The IANS shall pay to or in respect of every member of the staff of the IAA transferred to the staff of the IANS under this Act any amount due to or in respect of that staff member in respect of service as a staff member and unpaid on the vesting day and the IANS shall, with the consent of the Minister and the Minister for Public Expenditure and Reform, be reimbursed by the IAA in respect of any such payments (other than payments made in respect of untaken leave).
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(2) The IANS may pay any amounts owed by the IAA for goods and services provided to the IAA in the performance of a function of the IAA corresponding to a function of the IANS, and unpaid on the vesting day, and the IANS shall, with the consent of the Minister and the Minister for Public Expenditure and Reform, be reimbursed by the IAA in respect of any such payments.
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(3) The IAA shall, with the consent of the Minister and the Minister for Public Expenditure and Reform, pay to the IANS an amount equal to the amount of any advance payments received by the IAA before the vesting day in respect of goods or services to be provided by the IANS on or after the vesting day less the amount of any costs incurred by the IAA in collecting such payments.
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(4) The IANS shall collect any amount due to the IAA after the vesting day in respect of goods or services provided by the IAA before the vesting day in the performance of a function of the IAA corresponding to a function of the IANS and, for the purposes of this provision, any such amount shall be deemed to be a simple contract debt due to the IANS that may be recovered by the IANS in any court of competent jurisdiction; and the IANS shall pay to the IAA an amount equal to the amount of any sum collected or recovered by it under this provision less the amount of any costs incurred by it in collecting or recovering the amount.
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(5) Where any payments fall to be made by the IANS in respect of overpayments made to the IAA for goods and services provided by the IAA before the vesting day in the performance of a function of the IAA corresponding to a function of the IANS, the IAA shall pay to the IANS an amount equal to the amount of the first-mentioned payments.
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(6) All sums required to be paid under this section shall become due and payable on such date or dates as the Minister, in consultation with the IAA and the IANS and with the consent of the Minister for Public Expenditure and Reform, may determine.
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(7) The IANS shall give to the IAA such records or other information as the IAA may require for the purposes of this section and the IAA or its officers may inspect and take copies of or of extracts from all relevant records of the IANS.
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(8) The IAA shall give to the IANS such records or other information as the IANS may require for the purposes of this section and the IANS or its officers may inspect and take copies of or of extracts from all relevant records held by the IAA, the Minister, his or her Department of the Government or other State authorities.
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(9) In the event of a disagreement as to any amount to be paid by the IAA to the IANS or by the IANS to the IAA under this section, the decision of the Minister, given with the consent of the Minister for Public Expenditure and Reform, shall be final.
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