Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023

Chapter 10

Costs of prosecutions and civil proceedings and recovery of debts

Costs of prosecutions and applications for injunctions

211. (1) The court shall, unless it is satisfied that there are special and substantial reasons for not so doing—

(a) where a person is convicted of an offence under this Act, or

(b) where a person is the subject of an order under section 197 ,

order the person to pay the Minister, the Commissioners, the Board, the local authority or other person, as appropriate, the costs and expenses of the action, measured by the court.

(2) Where costs or expenses are to be paid to the Minister, the Commissioners, the Board or a local authority, they shall include any such costs or expenses reasonably incurred by any of those persons in relation to the investigation, detection and prosecution of the offence or the seeking of the order, as appropriate, including costs incurred in respect of the remuneration and other expenses of employees, consultants and advisers.