99Placing conditions on approvals

99  Placing conditions on approvals

 (1) A decision-maker must consider whether it is appropriate, in the circumstances, to place conditions on an approval.

Note: This will be subject to the decision-maker having the power elsewhere at law to place such conditions on the approval (for instance, through an agreement with the eligible person entered pursuant to section 23 of the Public Governance, Performance and Accountability Act 2013, or as part of a statutory power to grant an indemnity).  

Condition relating to consultation

 (2) A decision‑maker must, where appropriate, place a condition on an approval that requires the eligible person to consult the responsible entity about the disclosure or non-disclosure of official documents or information in relation to the proceeding to which this Part applies.

Conditions relating to compliance with Part 6

 (3) A decision-maker must ensure that the conditions of an approval enable the entity to comply with its obligations under Part 6.

Note: Part 6 (settling monetary claims) applies, with modified effect, where a decision-maker grants an approval that covers the costs of settling a claim brought by or against the eligible person (see subsection 62(2)).

Conditions relating to compliance with Part 7

 (4) Where a decision-maker proposes to grant an approval that would cover the costs of an eligible person’s legal representation, they must consider placing conditions on the approval that would assist the responsible entity to comply with section 106.

Note: Section 106 provides that the responsible entity must use its best endeavours to ensure that counsel for the eligible person are engaged in accordance with Part 7 (engagement of counsel).