GARDA SIOCHANA (COMPENSATION) (AMENDMENT) ACT, 1945

AN ACT TO AMEND, WITH RETROSPECTIVE EFFECT, THE GARDA SIOCHANA (COMPENSATION) ACT, 1941, AS REGARDS THE ASSESSMENT OF COMPENSATION IN RESPECT OF A DEATH, AND TO PROVIDE FOR THE RE-ASSESSMENT OF ANY SUCH COMPENSATION PREVIOUSLY ASSESSED. [21st February, 1945.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1 The Principal Act.

1.—In this Act, the expression “the Principal Act” means the Gárda Síochána (Compensation) Act, 1941 (No. 19 of 1941).

2 Retrospective amendments of sections 8 and 10 of the Principal Act.

2.—(1) In determining, under subsection (1) of section 8 of the Principal Act, whether an applicant for compensation under the Principal Act in respect of the death of a deceased person has suffered loss by the said death, no account shall be taken of any property (including assets of the deceased) to which the applicant has become entitled by reason of the said death.

• (2) Subsection (1) of section 10 of the Principal Act is hereby amended by the deletion of paragraph (a) and the substitution therefor of the following paragraph—

• “(a) the compensation shall be such sum as the judge thinks reasonable having regard to all the circumstances of the case and, in fixing the amount thereof, the judge, in addition to the matters which he is required by sub-section (3) of this section to take into consideration, shall—

  • (i) have regard to the financial loss sustained by the applicant, but in so doing shall not take into account any property (including assets of the deceased) to which the applicant has become entitled by reason of the death of the deceased,

  • (ii) have regard to any funeral expenses incurred by the applicant in respect of the burial of the deceased and any medical or surgical expenses similarly incurred in respect of the injuries to the deceased which caused his death,

  • (iii) take into consideration the financial benefits which the applicant might reasonably have expected to receive in the future from the deceased if the deceased had not died at the time at which he did die,

  • (iv) have regard to any loss (other than financial loss) sustained by the applicant,

  • (v) take into consideration the fact, if it is a fact, that, prior to his death, the deceased was awarded compensation under this Act in respect of the injuries which subsequently caused his death, and shall also take into account the amount (if any) of such compensation;”.

• (3) Subsections (1) and (2) of this section shall be deemed to have come into force on, and shall have effect as on and from, the date of the passing of the Principal Act.

3 Re-assessment of compensation previously awarded under the Principal Act.

3.—Where compensation (in this section referred to as the original compensation) under the Principal Act in respect of a death has been awarded before the date of the passing of this Act, the following provisions shall have effect—

• (a) the person to whom the original compensation was awarded may, within three months after the date of the passing of this Act, apply to the High Court to re-assess the compensation having regard to the amendments of the Principal Act effected by section 2 of this Act;

• (b) subsection (2) (except paragraph (a)) of section 7 of the Principal Act shall apply in respect of the application;

• (c) the amount of compensation (in this section referred to as the new compensation) fixed on such re-assessment shall not be less than the original compensation;

• (d) if the new compensation is equal to the original compensation, the award of the original compensation shall stand and no sum shall be payable on foot of the new compensation;

• (e) if the new compensation exceeds the original compensation, the new compensation shall be substituted for the original compensation and any payment made on foot of the original compensation shall be treated as a payment on foot of the new compensation.

4 Short title and collective citation.

4.—(1) This Act may be cited as the Gárda Síochána (Compensation) (Amendment) Act, 1945.

• (2) The Principal Act and this Act may be cited together as the Gárda Síochána (Compensation) Acts, 1941 and 1945.