S.I. No. 405/2013 - National Treasury Management Agency (Delegation of Claims Management Functions) (Amendment) Order 2013.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 18th October, 2013.

The Government, at the request of the Minister for Health (being a Minister in whom functions in relation to a State authority are vested) and in exercise of the powers conferred on them by section 9 (1) of the National Treasury Management Agency (Amendment) Act 2000 (No. 39 of 2000), hereby order as follows:

1. This Order may be cited as the National Treasury Management Agency (Delegation of Claims Management Functions) (Amendment) Order 2013.

2. The National Treasury Management Agency (Delegation of Functions) Order 2009 ( S.I. No. 586 of 2009 ) is amended in Regulation 6 by substituting the following for paragraph (b):

“(b) claims in respect of—

(i) personal injury in relation to liability for defective products other than any of the medicinal products thalidomide, nimesulide, pandemrix or celvapan, or

(ii) intentional infliction of mental suffering.”.

3. The National Treasury Management Agency (Delegation of Claims Management Functions) Order 2011 ( S.I. No. 69 of 2011 ) is amended by substituting the following for Article 4A:

“4A.Notwithstanding the generality of Article 4, the exemption provided for in Article 4(b)(i) does not apply in respect of personal injury claims which include a claim in relation to liability for any of the following medicinal products:

(a) thalidomide;

(b) nimesulide;

(c) pandemrix;

(d) celvapan.”.

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GIVEN under the Official Seal of the Government,

15 October 2013.

ENDA KENNY,

Taoiseach.

EXPLANATORY NOTE

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

This statutory instrument amends the National Treasury Management Agency (Delegation of Functions) Order 2009 ( S.I. No. 586 of 2009 ) and the National Treasury Management Agency (Delegation of Functions) Order 2011 ( S.I. No. 69 of 2011 ) concerning delegation of the management of personal injury claims to the State Claims Agency.