S.I. No. 480/2025 - National Treasury Management Agency (Delegation of Claims Management Functions) Order 2025

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 29th July, 2025.

WHEREAS the Minister for Children, Disability and Equality 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 (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) Order 2025.

2. In this Order —

“Act of 2000” means the National Treasury Management Agency (Amendment) Act 2000 (No. 39 of 2000);

“State authority” has the same meaning as it has in Part 2 of the Act of 2000.

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 for Children, Disability and Equality, where the claim referred to in subparagraph (i) is also made against that Minister,

and

(b) either —

(i) is made before the making of this Order and is one that the Agency and the State authority specified in the Schedule determine 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 in respect of personal injury which include claims in relation to -

(i) defective products,

(iii) injurious falsehood,

(iv) malicious prosecution,

(v) malicious abuse of the civil process,

(vi) deceit, or

(vii) defamation;

(b) claims made 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 Act of 2000.

SCHEDULE

Article 3

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

The Office of Director of Authorised Intervention established under the Institutional Burials Act 2022 (Establishment of Office of Director of Authorised Intervention, Tuam) Order 2023 ( S.I. No. 87 of 2023 ).

GIVEN under the Official Seal of the Government,

22 July, 2025.

MICHEÁL MARTIN,

Taoiseach.