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Power of Independent Examiner to appoint consultants and advisers and enter into contracts
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241. (1) Subject to such procedures and requirements as may be contained in regulations (if any) under subsection (2), the Independent Examiner may, with the consent of the Minister given with the approval of the Minister for Public Expenditure, National Development Plan Delivery and Reform—
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(a) engage such consultants or advisers as he or she considers necessary to assist in the performance of his or her functions under this Act, and
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(b) enter into a contract with any person or body concerning any matter arising in relation to those functions.
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(2) The Minister may, with the consent of the Taoiseach and having regard to the need to protect the security of the State, make regulations providing for procedures to determine the suitability of, and any requirements to be met by—
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(a) consultants or advisers referred to in subsection (1)(a), or
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(b) persons or bodies referred to in subsection (1)(b).
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(3) The Minister may, having consulted with the Taoiseach, refuse to provide his or her consent under subsection (1) where the Minister is of the opinion that the consultant or adviser who the Independent Examiner proposes to engage under paragraph (a) of that subsection, or the person or body with whom the Independent Examiner proposes to enter into a contract under paragraph (b) thereof—
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(a) does not meet such requirements (if any) as may be specified in regulations under subsection (2), or
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(b) is otherwise not suitable.
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(4) There shall be paid by the office, out of the resources at the disposal of the office, to consultants, advisers, persons or bodies referred to in subsection (1), such fees (if any) or allowances for expenses (if any) incurred by them as the Independent Examiner, with the consent of the Minister given with the approval of the Minister for Public Expenditure, National Development Plan Delivery and Reform, may determine.
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(5) Subject to subsection (4), the engagement of a person as a consultant or adviser under subsection (1)(a) shall be for such period and on such terms and conditions as the Independent Examiner considers appropriate.
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