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Amendment of section 91.
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39.—Section 91 (enforcement of determinations, decisions and mediated settlements) of the Act of 1998 is amended—
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(a) by substituting the following subsection for subsection (2):
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“(2) If a person who is a party to a settlement to which section 78(5) applies fails to give effect, in whole or in part, to the terms of the settlement, then, on an application under this section, the Circuit Court may make an order directing that person to carry out those terms or, as the case may be, the terms to which the application relates; but the Circuit Court shall not, by virtue of this subsection, direct any person to pay any sum or do any other thing which (had the matter been dealt with otherwise than by mediation) could not have been provided for by way of redress under section 82.”,
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(b) by substituting the following subsection for subsection (4):
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“(4) An application under this section may be made—
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(a) in any case, by the complainant,
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(b) in a case where the Authority is not the complainant but considers that the determination, decision or settlement is unlikely to be implemented without its intervention, by the Authority with the consent of the complainant, or
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(c) in the case of a mediated settlement, by the respondent.”,
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(c) in subsection (5)(b), by substituting “any person” for “the person affected”, and
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(d) by substituting the following subsection for subsection (7):
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“(7) (a) Where an application to the Circuit Court is made by the Authority under this section, the Court may make an order for costs in favour of the Authority.
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(b) Paragraph (a) is without prejudice to the power of the Court to make an order for costs in favour of the person affected or, as the case may be, a party to a settlement referred to in subsection (2).”.
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