Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023

Recovery of debts

212. (1) Where—

(a) it is a condition of a new authorisation that the person to whom the authorisation is granted, issued or given shall reimburse the relevant body who granted, issued or gave the authorisation for the amount of any costs or expenses incurred as a result of granting, issuing or giving the authorisation, or

(b) a court under this Part orders a person to pay an amount (howsoever described) to a relevant body,

the relevant body concerned may recover, as a simple contract debt in any court of competent jurisdiction, from such person the amount due.

(2) (a) Where a person subject to a charge under subsection (1) is in default of such payment, the relevant body concerned may apply the specified interest to the amount outstanding.

(b) In this subsection, “specified interest” means—

(i) a rate of interest equivalent to the fixed rates of interest penalty payable under section 4 (2) of the Prompt Payment of Accounts Act 1997 , or

(ii) such other lower rate as may be prescribed by the Minister for Public Expenditure, National Development Plan Delivery and Reform.

(3) Subsection (1) shall not operate to prejudice the generality of the Fines (Payment and Recovery) Act 2014 .

(4) In this section, “relevant body” means—

(a) the Minister,

(b) the Commissioners,

(c) the Board, or

(d) a local authority.