CervicalCheck Tribunal Act 2019

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Definitions

2. In this Act—

“Act of 1961” means the Civil Liability Act 1961 ;

“appropriate person” means—

(a) a relevant woman, or

(b) where a relevant woman has died, a dependant of the relevant woman concerned;

“CervicalCheck” means the national cervical screening programme initiated in 2008 by the National Cancer Screening Service Board and, since the dissolution of the Board on 1 April 2010, provided by the Executive;

“CervicalCheck cytology” means the cytology laboratory services retained by the Executive for the purposes of CervicalCheck;

“CervicalCheck non-disclosure ex-gratia scheme” means the scheme administered under that title by the Minister in furtherance of a decision of the Government of 11 March 2019;

“Chairperson” has the meaning assigned to it by section 6 ;

“claim” means a claim made in accordance with section 11 ;

“claimant” means a person who makes a claim in accordance with section 11 ;

“dependant” has the meaning assigned to it by Part IV of the Act of 1961;

“establishment day” shall be construed in accordance with section 4 ;

“Executive” means the Health Service Executive;

“Facilitator” has the meaning assigned to it by section 31 ;

“Minister” means the Minister for Health;

“notice of acceptance” has the meaning assigned to it by section 17 ;

“prescribed” means prescribed by Rules;

“relevant parties” means, in relation to a claim—

(a) the claimant,

(b) the Executive, and

(c) the cytology laboratory services retained by the Executive for the purposes of CervicalCheck;

“relevant woman” means—

(a) a woman—

(i) identified as part of the Review of Cervical Screening as having CervicalCheck cytology review findings that were discordant with those of the original cytology examination in relation to the woman concerned, or

(ii) whose cytology slides were sought, by the Review of Cervical Screening, to be re-examined as part of its review but where one or more of those slides could not be re-examined as part of that review by reason of circumstances beyond the control of the woman concerned,

or

(b) a woman who received a diagnosis of cervical cancer—

(i) who had a screening history through CervicalCheck,

(ii) whose diagnosis of cervical cancer was notified to CervicalCheck,

(iii) whose cytology slides were re-examined as part of the retrospective CervicalCheck cytology clinical audit, and

(iv) whose cytology review findings, following the re-examination in accordance with subparagraph (iii), were discordant with those of the original cytology examination in relation to the woman concerned;

“restoration of trust meeting” has the meaning assigned to it by section 32 ;

“retrospective CervicalCheck cytology clinical audit” means the lookback clinical audit of cytology slides in relation to 1,482 women carried out by CervicalCheck between 2008 and prior to 5 May 2018;

“Review of Cervical Screening” means the review commissioned by the Minister and conducted by a Clinical Expert Review Panel under the auspices of the Royal College of Obstetricians and Gynaecologists of the results of screening tests of all women who have developed cervical cancer since 2008 who participated in CervicalCheck;

“Rules” means rules made under section 26 ;

“Tribunal” has the meaning assigned to it by section 5 ;

“waiver” means, in relation to claimant, a waiver by the claimant of any right of action which the claimant may otherwise have had or maintained against any other relevant party or parties to the claim concerned in respect of the circumstances of the claim before the Tribunal.