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Recoupment of money expended by a local authority.
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18.—(1) Where a local authority has, under and in accordance with a general or a special authority given by the Minister for Local Government and Public Health, expended money (whether before or after the passing of this Act) in relation to or in consequence of an injury to which this Act applies, the following provisions shall apply and have effect, that is to say:—
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(a) the Minister shall, out of moneys provided by the Oireachtas, recoup to such local authority the money so expended by such local authority;
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(b) if an application is made to the Court for compensation under this Act in respect of the said injury and the Court determines that the applicant is entitled to compensation under this Act in respect of the said injury, the Court in assessing the amount of such compensation shall comply with the following provisions, that is to say:—
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(i) the Court shall determine the amount of such compensation without regard to the said expenditure by such local authority;
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(ii) the Court shall determine whether any and, if any, how much of the said expenditure was in alleviation or partial alleviation of the loss in respect of which compensation under this Act is awardable to the applicant;
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(iii) if the amount determined by the Court under the foregoing sub-paragraph (i) exceeds the amount determined by the Court under the foregoing subparagraph (ii), the Court shall award to the applicant compensation under this Act equal to the difference between those two amounts;
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(iv) if the amount determined by the Court under the said sub-paragraph (i) does not exceed the amount determined by the Court under the said sub-paragraph (ii), the Court shall not award to the applicant any compensation under this Act;
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(v) if the Court determines under the said subparagraph (ii) that none of the said expenditure was in such alleviation or partial alleviation as is mentioned in that sub-paragraph, the Court shall award to the applicant the amount of compensation under this Act determined by the Court under the said sub-paragraph (i).
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(2) The foregoing sub-section of this section shall not apply to money expended by a local authority in respect of an injury to a street, road, bridge, viaduct, sub-way, water-main, water-pipe, sewer, drain, or culvert which such local authority is required by law to provide, maintain, or repair.
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