S.I. No. 251/2004 - Personal Injuries Assessment Board (Fees) Regulations 2004

I, MARY HARNEY, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 22 of the Personal Injuries Assessment Board Act 2003 (No. 46 of 2003), hereby make the following Regulations:

1. These Regulations may be cited as the Personal Injuries Assessment Board (Fees) Regulations 2004.

2. These Regulations come into operation on the 1st day of June 2004.

3. In these Regulations—

“Act” means the Personal Injuries Assessment Board Act 2003 (No. 46 of 2003);

“charge” means a charge in respect of the dealing by the Board with an application under section 11 of the Act in relation to a relevant claim.

4. The Board may make a charge on the claimant of an amount of €50.

5. The Board may make a charge on the respodent or, as the case may be, each of the respondents and the amount of such charge or, as appropriate, each such charge shall be €850.

6. The Board may make a charge, additional to that referred to in Regulation 5 of these Regulations, on the respondent or, as the case may be, each of the respondents for the purpose of defraying any amount of the expenses incurred by the Board, or on its behalf, in the making of the assessment concerned that, in its opinion, is of an exceptional kind.

7. For the purpose of Regulation 6 of these Regulations—

(a) “an exceptional kind”, in relation to an amount, means an exceptional kind relative to the amounts of expenses typically incurred by the Board, or on its behalf, in the making of assessments,

(b) without prejudice to paragraph (a) of this Regulation, any amount of expenses incurred by the Board, or on its behalf, in the arranging of, or carrying out of, a medical examination referred to in section 24(2) of the Act is an amount of an exceptional kind.

EXPLANATORY NOTE.

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

These Regulations prescribe what charges the Personal Injuries Assessment Board may make on claimants and respondents in respect of the processing by the Board of applications under section 11 of the Personal Injuries Assessment Board Act 2003 (No. 46 of 2003). The Regulations come into operation on the 1st day of June 2004.