Motor Insurance Insolvency Compensation Act 2024

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Number 32 of 2024

Motor Insurance Insolvency Compensation Act 2024

CONTENTS

PART 1

Preliminary and General

Section

1. Short title, collective citations, construction and commencement

2. Interpretation

3. Regulations, etc.

4. Expenses

PART 2

Compensation Body

5. Authorisation of body as State’s compensation body for purposes of Act and Articles 10a and 25a of Directive

6. Funding and costs and expenses of Compensation Body

7. Reporting requirements of Compensation Body

8. Publication of winding-up of insurer (domestic)

9. Presentation and processing of motor claims by Compensation Body

10. Reimbursement procedures of Compensation Body

11. Subrogation

12. Engagement and co-operation with other interested parties

13. Co-operation between stakeholders

14. Special provisions applicable to insurer (domestic) subject of voluntary winding-up proceedings

PART 3

Directive, Fund and MIIC Fund

15. Integration of insurer (domestic) carrying on motor third party liability insurance in another Member State into Fund for purposes of Directive

16. Audit of certain completed claims

17. Audit of certain uncompleted claims

18. Agency to submit report to Minister on audits carried out under section 16 or 17, etc.

PART 4

Personal Data

19. Definitions (Part 4)

20. Disclosure and processing of personal data

21. Provisions supplementary to section 20

22. Regulations – personal data

PART 5

Miscellaneous and Consequential

23. Power to specify form of documents

24. Amendment of section 1 of Act of 1964

25. Amendment of section 2 of Act of 1964

26. Contributions to Fund by insurers (domestic) carrying on motor third party liability insurance in other Member States

27. Section 3 and Act of 2024

28. Amendment of section 3E of Act of 1964

29. Circumstances in which Compensation Body or compensation body (other) to be creditor of relevant insurer

30. Amendment of section 5 of Act of 1964

31. Amendment of section 6 of Act of 1964

32. Amendment of section 8B of National Treasury Management Agency (Amendment) Act 2000

33. Amendment of section 28 of Value-Added Tax Consolidation Act 2010

34. Amendment of Regulations of 2015

35. Provision supplementary to section 34

Acts Referred to

Assisted Decision-Making (Capacity) Act 2015 (No. 64)

Central Bank Act 1942 (No. 22)

Civil Liability Act 1961 (No. 41)

Data Protection Act 2018 (No. 7)

Insurance Act 1964 (No. 18)

Insurance Acts 1909 to 2021

Interpretation Act 2005 (No. 23)

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

Road Traffic Act 1961 (No. 24)

Taxes Consolidation Act 1997 (No. 39)

Value-Added Tax Consolidation Act 2010 (No. 31)

Number 32 of 2024

Motor Insurance Insolvency Compensation Act 2024

An Act to give further effect to Directive 2009/103/EC of the European Parliament and of the Council of 16 September 2009¹ relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability, as amended by Directive (EU) 2021/2118 of the European Parliament and of the Council of 24 November 2021² and for that purpose and other purposes to amend the Insurance Act 1964 , the National Treasury Management Agency (Amendment) Act 2000 , the Value-Added Tax Consolidation Act 2010 and the European Union (Insurance and Reinsurance) Regulations 2015 ( S.I. No. 485 of 2015 ); and to provide for related matters.

[8th October, 2024]

Be it enacted by the Oireachtas as follows:

¹ OJ No. L263, 7.10.2009, p. 11

² OJ No. L430, 2.2.2021, p. 1