S.I. No. 531/2001 - National Treasury Management Agency (Delegation and Conferral of Functions) Order, 2001

WHEREAS each of the following Ministers of the Government, namely, the Taoiseach, the Minister for Enterprise, Trade and Employment, the Minister for Education and Science, the Minister for Public Enterprise, the Minister for Defence, the Minister for Agriculture, Food and Rural Development, the Minister for Finance, the Minister for Foreign Affairs, the Minister for the Environment and Local Government, the Minister for Social, Community and Family Affairs, the Minister for Arts, Heritage, Gaeltacht and the Islands, the Minister for Justice, Equality and Law Reform, the Minister for Tourism, Sport and Recreation, the Minister for Health and Children and the Minister for the Marine and Natural Resources, has requested the Government to delegate by order under section 9 (1) of the National Treasury Management Agency (Amendment) Act, 2000 (No. 39 of 2000) the management of any claims to which the Order following applies against him or her or a State authority specified in column (2) of the Table to Article 3 of the Order functions in relation to which are vested in him or her;

NOW, the Government, in exercise of the powers conferred on them by that section 9 (1) of the National Treasury Management Agency (Amendment) Act, 2000 (No. 39 of 2000) order as follows:

1.       (1)      This Order may be cited as the National Treasury Management Agency (Delegation and Conferral of Functions) Order, 2001.

(2)      This Order shall come into operation on 3 December 2001.

2.       (1)      In this Order -

“Act of 2000” means National Treasury Management Agency (Amendment) Act, 2000 (No. 39 of 2000);

“Agency” means National Treasury Management Agency;

“claim” has the meaning given to it by section 7(1) of the Act of 2000;

“Minister” means Minister for Finance;

“prison” has the meaning given to it by section 7(2) of the Act of 2000 and “Governor”, in relation to a prison, shall be construed accordingly;

“State authority” has the meaning given to it by section 7(1) of the Act of 2000.

(2)      A reference in this Order to an Article is a reference to an Article of this Order unless it is indicated that reference to some other provision is intended.

3.       Subject to Article 4, this Order applies to a claim that -

(a)      is made against one or more Ministers of the Government or the State authorities specified in column (2) of the Table to this Article either alone or with any other person, and

(b)      either -

(i)      is made before the commencement of this Order and is one as respects which the Agency and the State authority concerned determine that it should be managed by the Agency,

or

(ii)      is made after such commencement irrespective of whether it relates to an act, omission or other matter occurring before or after such commencement or before the commencement of Part 2 of the Act of 2000.

TABLE

4.      The following classes of claims are exempted from the delegation effected by this

Order:

(a)      claims made against the Minister for Defence in respect of hearing loss,

(b)      claims made against the Minister for Health and Children by persons in respect of infection, directly or indirectly, with Hepatitis C through the

administration of blood or blood products or in respect of related matters,

(c)      claims made against the Minister for Education and Science, the Minister for Health and Children or the Minister for Justice, Equality and Law Reform in respect of abuse of a child within the meaning of Section 1 (1) of the Commission to Inquire into Child Abuse Act, 2000 (No. 7 of 2000),

(d)      claims made against the Minister for Justice, Equality and Law Reform in respect of hearing loss,

(e)      claims made against one or more Ministers of the Government or the State authorities specified in the Table to Article 3 in respect of personal injury which include a claim in relation to liability for:

(i)           escape of anything brought onto land,

(ii)          animals,

(iii)         nuisance,

(iv)         defective products,

(v)          injurious falsehood,

(vi)         private nuisance,

(vii)        intentional infliction of mental suffering,

(viii)       malicious prosecution,

(ix)        malicious abuse of the civil process,

(x)         deceit,

(xi)        defamation,

(xii)        loss of consortium,

(xiii)       trespass to the person,

(xiv)       conversion,

(xv)       detinue,

(xvi)       passing off,

(xvii)      trespass to goods.

(f)      claims made against a Minister of the Government in respect of personal injury:

(i)      suffered by persons while on temporary release from a prison,

(ii)      caused by persons while on temporary release from a prison,

(iii)      suffered by an employee of the State, or of the Government, caused by a breach of the Employment Equality Act, 1998 (No. 21 of 1998),

(iv)      suffered by a member of the Garda Síochána or a member of the Defence Forces while in the service of the State, outside of the State.

5.      The management of a claim to which this Order applies is delegated to the Agency.

6.      It is declared that the Agency shall have the functions specified in section 9(2)(a) of the Act of 2000.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

This Order provides for the delegation to and conferral on the National Treasury Management Agency of functions in relation to the management of claims against State authorities, as defined in the National Treasury Management Agency (Amendment) Act, 2000 . When performing these functions, the Agency will be known as the State Claims Agency.