S.I. No. 337/2024 - National Treasury Management Agency (Delegation of Claims Management Functions) Order 2024

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 5nd July, 2024.

WHEREAS the Minister for Finance 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) to the National Treasury Management Agency the management of any claims to which the following order applies against the Minister or the State authority specified in the Schedule, functions in relation to which are vested in the Minister;

NOW, the Government, in exercise of the powers conferred on them by section 9 of the National Treasury Management Agency (Amendment) Act 2000 , hereby order as follows:

1. This Order may be cited as the National Treasury Management Agency (Delegation of Claims Management Functions) Order 2024.

2. In this Order, “Minister” means the Minister for Finance.

3. This Order applies to a claim, other than a claim referred to in Article 4, that –

(a) is made against –

(i) the State authority specified in the Schedule either alone or with any other person, and

(ii) the Minister, where the claim referred to in subparagraph (i) is also made against the Minister,

and

(b) either -

(i) is made before the making of this Order and is one in respect of which the Agency and the State authority concerned determine that it should be managed by the Agency, or

(ii) is made after the making of this Order irrespective of whether it relates to an act, omission or other matter occurring before or after such making.

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

(a) claims made against the Minister or the State authority specified in the Schedule in respect of personal injury which include a claim in relation to liability for –

(i) defective products,

(ii) injurious falsehood,

(iii) malicious prosecution,

(iv) malicious abuse of the civil process,

(v) deceit, or

(vi) defamation;

(b) claims made against the Minister in respect of personal injury 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).

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 National Treasury Management Agency (Amendment) Act 2000 (No. 39 of 2000).

SCHEDULE

Article 3

State authority to which paragraph (j) of the definition of “State authority” applies

Strategic Banking Corporation of Ireland

GIVEN under the Official Seal of the Government,

2 July, 2024.

SIMON HARRIS,

Taoiseach.