Personal Injuries Assessment Board Act 2003

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Number 46 of 2003

PERSONAL INJURIES ASSESSMENT BOARD ACT 2003

ARRANGEMENT OF SECTIONS

Preliminary and General

Section
1.	Short title.
2.	Commencement.
3.	Civil actions to which Act applies.
4.	Interpretation.
5.	Regulations.
6.	Savings.
7.	Obtaining of legal advice.
8.	Expenses.

PART 2

Mandatory Assessment Procedures in respect of Certain Civil Actions

Chapter 1

Mandatory applications for assessment

9.	“Relevant claim”.
10.	What this Chapter does.
11.	Application for assessment.
12.	Bar on bringing proceedings unless certain conditions are satisfied.
13.	Notification of application to respondent and ascertainment of his or her wishes.
14.	Procedures on foot of notification under section 13.
15.	Procedures if not everyone of 2 or more respondents consents to assessment being made.
16.	Making of, or omission to make, statement referred to in section 14 not an admission of liability.
17.	Discretion of Board not to arrange for making of assessment.
18.	Presumption as to capacity of claimant and respondent.

Chapter 2

Procedure for assessment

19.	What this Chapter contains.
20.	Assessment.
21.	Section 20: supplemental provisions.
22.	Power to impose charges.
23.	Power to require additional information, etc.
24.	Medical examination of claimant in certain circumstances.
25.	Failure to comply with a request under section 23 or 24.
26.	Powers to request information from third parties.
27.	Section 26: supplemental provisions.
28.	Limited power to require certain other information.
29.	Special provision in relation to vulnerable parties.
30.	Parties to indicate whether or not they accept assessment.
31.	Deemed acceptance or non-acceptance of assessment.
32.	Proceedings to be authorised if assessment not accepted.
33.	Assessment binding on parties unless section 32 applies.
34.	Position of respondent or respondents who do not accept assessment.
35.	Approval of court required for certain assessments.
36.	Authorisation to bring proceedings where assessment not approved.
37.	Certain statements, etc., not to prejudice claimant or respondent.
38.	Enforceability of assessment.

Chapter 3

Legal status of order to pay, etc.

39.	What this Chapter specifies.
40.	Primary legal effect of order to pay.
41.	Order to pay to operate as satisfaction of claimant's claim.
42.	Application of section 22 of Act of 1961 (claims for contributions between concurrent wrongdoers).
43.	Application of section 18 of Act of 1961.

Chapter 4

Miscellaneous

44.	Expenses incurred by claimant.
45.	Fees or expenses where direction referred to in section 30(3) given.
46.	Rules.
47.	Withdrawal of application under section 11.
48.	Assessment of relevant claims where proceedings concerned brought before commencement of section 6.
49.	Assessments to be made expeditiously.
50.	Reckoning of time for purposes of Statute of Limitations 1957, etc.
51.	Non-admissibility of assessment in evidence.

PART 3

Personal Injuries Assessment Board

Chapter 1

Establishment and principal functions of Board

52.	Establishment day.
53.	Personal Injuries Assessment Board.
54.	Functions of Board.
55.	Conferral of additional functions on Board.

Chapter 2

Composition of Board

56.	Membership of Board.
57.	Supplemental provisions as to membership of Board.
58.	Chairperson of Board.
59.	Vice-chairperson.

Chapter 3

Meetings and committees

60.	Meetings of Board.
61.	Committees of Board.
62.	Supplemental provisions as to committees of Board.

Chapter 4

Management of Board

63.	Chief executive.
64.	Supplemental provisions in relation to chief executive.
65.	Accountability of chief executive to Committee of Public Accounts.
66.	Accountability of chief executive to other Oireachtas Committees.

Chapter 5

Staff of Board and superannuation matters

67.	Staff of Board.
68.	Superannuation.

Chapter 6

Supplemental provisions with regard to Board's administration and management

69.	Indemnification of certain persons.
70.	Membership of either House of the Oireachtas, etc.
71.	Disclosure of interests.
72.	Section 71: supplemental provisions.
73.	Disclosure of information.

Chapter 7

Financial provisions

74.	Grants to Board.
75.	Borrowings by Board.
76.	Accounts.
77.	Further provisions with respect to accounts (including their audit).
78.	Strategic plans.

PART 4

Miscellaneous

79.	Service of documents.
80.	Consultants and advisers.
81.	Penalties.
82.	Representation of Board in applications under section 27.
83.	Annual report.
84.	Amendment of Social Welfare (Consolidation) Act 1993.
85.	Amendment of Taxes Consolidation Act 1997.
86.	Supply of information to, or from, central database.

Acts Referred to
Civil Liability Act 1961	1961, No. 41
Civil Service Commissioners Act 1956	1956, No. 45
Civil Service Regulation Act 1956	1956, No. 46
Companies Acts 1963 to 2001
Comptroller and Auditor General (Amendment) Act 1993	1993, No. 8
Courts Act 1981	1981, No. 11
Data Protection Act 1988	1988, No. 25
Debtors (Ireland) Act 1840	1840, Vict. c. 105
European Convention on Human Rights Act 2003	2003, No. 20
European Parliament Elections Act 1997	1997, No. 2
Garda Síochána (Compensation) Acts 1941 and 1945
Health (Eastern Regional Health Authority) Act 1999	1999, No. 13
Local Government Act 2001	2001, No. 37
Road Traffic Act 1961	1961, No. 24
Social Welfare (Consolidation) Act 1993	1993, No. 27
Social Welfare (Miscellaneous Provisions) Act 2003	2003, No. 4
Statute of Limitations 1957	1957, No. 6
Statute of Limitations (Amendment) Act 1991	1991, No. 18
Taxes Consolidation Act 1997	1997, No. 39

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Number 46 of 2003

PERSONAL INJURIES ASSESSMENT BOARD ACT 2003

AN ACT TO ENABLE, IN CERTAIN SITUATIONS, THE MAKING OF ASSESSMENTS, WITHOUT THE NEED FOR LEGAL PROCEEDINGS TO BE BROUGHT IN THAT BEHALF, OF COMPENSATION FOR PERSONAL INJURIES (OR BOTH SUCH INJURIES AND PROPERTY DAMAGE), IN THOSE SITUATIONS TO PROHIBIT, IN THE INTERESTS OF THE COMMON GOOD, THE BRINGING OF LEGAL PROCEEDINGS UNLESS ANY OF THE PARTIES CONCERNED DECIDES NOT TO ACCEPT THE PARTICULAR ASSESSMENT OR CERTAIN OTHER CIRCUMSTANCES APPLY, TO PROVIDE FOR THE ENFORCEMENT OF SUCH AN ASSESSMENT, FOR THOSE PURPOSES TO ESTABLISH A BODY TO BE KNOWN AS THE PERSONAL INJURIES ASSESSMENT BOARD AND TO DEFINE ITS FUNCTIONS AND TO PROVIDE FOR RELATED MATTERS.

[28th December, 2003]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Personal Injuries Assessment Board Act 2003 Permanent Page URL

Personal Injuries Assessment Board Act 2003

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