National Treasury Management Agency (Amendment) Act, 2000

Additional functions of Agency.

8.—(1) The Agency shall perform the function delegated to it under section 9 (1).

(2) The Agency shall manage counterclaims.

(3) The Agency shall manage delegated claims and counterclaims in such manner as to ensure that the liability of the State authorities in relation to such claims, and the expenses of the Agency in relation to such management, are contained at the lowest achievable level.

(4) (a) The Agency shall advise and assist a State authority whenever it considers it appropriate to do so or is requested by such an authority to do so in relation to the measures to be taken to prevent the occurrence, or to reduce the incidence, of acts, omissions or other matters occasioning, or that may occasion, delegated claims against such an authority, including measures to identify sources of risk that may occasion such claims.

(b) The advice under paragraph (a) may include advice for the purpose of preventing or reducing any such risk as is referred to in that paragraph and the assistance under that paragraph may include any one or more of the following:

(i) the provision to such an authority and its officers and other employees, or other persons nominated by it, of information, instruction and training for the purposes of enabling them to ascertain whether any such risk exists and if it does, of increasing the awareness of its existence and encouraging the adoption by that authority of appropriate measures to counter any such risk,

(ii) the assessment of any such risk, including the determination of whether it could give rise to a serious hazard,

(iii) the evaluation of the adequacy of the measures adopted by such an authority to counter any such risk,

(iv) the provision to such an authority of safety audits, inspections and reviews.

(5) (a) The Agency may, on behalf of a State authority, whenever it considers it appropriate to do so or is requested by such an authority to do so, place insurance with an insurer within the meaning of section 2 of the Insurance Act, 1989 , in respect of a risk that may occasion a delegated claim against such an authority.

(b) Before insurance is placed on behalf of a State authority under paragraph (a), the authority shall, on the written request of the Agency, pay to it the amount specified in the request within the period specified therein in respect of the premium for such insurance.

(6) The Agency shall be known as the State Claims Agency when performing the functions conferred on, or delegated to, it by or under this Part.