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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 February 2021 - onwards

42A. Power of court to grant relief by way of indemnification.

(1) This section applies to any case in which a provision (the ‘relevant provision’) of section 13, 16, 24 or 31 requires a person specified in the provision (the ‘specified person’) to indemnify a person in respect of any loss referred to in the relevant provision suffered by the latter.

(2) In a case to which this section applies, where, on application by any person to the appropriate court, that court is satisfied that the applicant has suffered loss referred to in the relevant provision, the court may make an order requiring the specified person to pay to the applicant such amount as the court determines will indemnify the applicant in respect of that loss.

(3) In subsection (2), ‘appropriate court’ means -

(a) in a case where the following apply -

(i) the specified person has been convicted of an offence under the relevant provision in respect of the default to which the application relates, and

(ii) the total of the following amounts, namely, the amount of the estimated cost of complying with the order to which the application relates and the amount of the fine that has been imposed on the specified person in respect of that offence, does not exceed €5,000,

the District Court before which the specified person has been convicted of that offence,