Personal Injuries Assessment Board Act 2003

PART 1 Preliminary and General

1. Short title.

1.—This Act may be cited as the Personal Injuries Assessment Board Act 2003.

2. Commencement.

2.—This Act comes into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

3. Civil actions to which Act applies.

3.—This Act applies to the following civil actions—

(a) a civil action by an employee against his or her employer for negligence or breach of duty arising in the course of the employee's employment with that employer,

F1[(aa) subject to Part 5 of the Act of 2022, a civil action against the Commissioner of the Garda Síochána to which that Act applies,]

(b) a civil action by a person against another arising out of that other's ownership, driving or use of a mechanically propelled vehicle,

c) a civil action by a person against another arising out of that other's use or occupation of land or any structure or building,

(d) a civil action not falling within any of the preceding paragraphs (other than one arising out of the provision of any health service to a person, the carrying out of a medical or surgical procedure in relation to a person or the provision of any medical advice or treatment to a person).

3A. F2[Civil actions to which Act does not apply.

3A.—Notwithstandingsection 3, this Act does not apply to a civil action to which any of the following applies:

(a) the Warsaw Convention;

(b) the Montreal Convention;

(c) Council Regulation (EC) No. 2027/97;

(d) section 46(2) of theCivil Liability Act 1961;

(e) the Athens Convention;

(f) Regulation (EC) No. 392/2009;

(g) Part III of theMerchant Shipping (Liability of Shipowners and Others) Act 1996;

insofar as those statutory provisions are in force and insofar as those conventions and regulations are applicable to or in the State.]

4. Interpretation.

4.—(1) In this Act, unless the context otherwise requires—

“Act of 1961” means the Civil Liability Act 1961;

F3[“Act of 2022”means the Garda Síochána (Compensation) Act 2022;]

F4["Athens Convention" means the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974, as amended by the Protocol of 2002 (the Athens Convention) and as amended from time to time;]

“Board” shall be construed in accordance with section 53;

“civil action” means an action intended to be pursued for the purpose of recovering damages, in respect of a wrong, for—

(a) personal injuries, or

(b) both such injuries and damage to property (but only if both have been caused by the same wrong),

but does not include—

(i) an action intended to be pursued in which, in addition to damages for the foregoing matters, it is bona fide intended, and not for the purpose of circumventing the operation of section 3, to claim damages or other relief in respect of any other cause of action,

(ii) F5[…]

(iii) an action intended to be pursued in respect of an alleged breach by the State or any other person of a provision of the Constitution,

(iv) an action intended to be pursued under section 3 of the European Convention on Human Rights Act 2003;

F6[“claimant”means a person who would, subject to this Act, be entitled to pursue a civil action to which this Act applies and includes—

(a) other than in a civil action referred to inparagraph (e), a personal representative in whom a cause of action comprising a civil action is vested by virtue of the Act of 1961,

(b) other than in a civil action referred to inparagraph (e), a person specified in subsection (3) of section 48 of the Act of 1961 who would, subject to this Act, be entitled to pursue an action for damages under that section,

(c) a person who would be entitled to act as a next friend of a minor or a person of unsound mind were a civil action to which this Act applies to be pursued on his or her behalf,

(d) the committee of a person of unsound mind acting on his or her behalf in relation to a civil action to which this Act applies that is proposed to be pursued, and

(e) for the purposes of a civil action referred to insection 3(aa), an applicant within the meaning of the Act of 2022 in relation to whom an application to the Board referred to in section 19 of that Act was made;]

F4["Council Regulation (EC) No. 2027/97" means Council Regulation (EC) No. 2027/97 on air carrier liability in respect of the carriage of passengers and their baggage by air, as amended by Regulation (EC) No. 889/2002^1and as amended from time to time;]

F3[“damages”includes compensation for the purposes of civil actions referred to insection 3(aa);]

“employee” means a person of any age, who has entered into or works under (or, where the employment has ceased, entered into or worked under) a contract of employment; and, for the purposes of this Act, a person holding office under, or in the service of, the State (including a civil servant within the meaning of the Civil Service Regulation Act 1956) shall be deemed to be an employee employed by the State or Government, as the case may be, and an employee, officer or servant of a local authority for the purposes of the Local Government Act 2001 or of a harbour authority F7[or health board, or a member of staff of an education and training board] shall be deemed to be an employee employed by the authority F8[or board], as the case may be;

“employer” means, in relation to an employee, the person with whom the employee has entered into or for whom the employee works under (or, where the employment has ceased, entered into or worked under) a contract of employment;

“health board” includes the Eastern Regional Health Authority and an area health board established under the Health (Eastern Regional Health Authority) Act 1999;

“Minister” means the Minister for Enterprise, Trade and Employment;

F4["Montreal Convention" means the Convention for the Unification of Certain Rules for International Carriage by Air, signed at Montreal on 28 May 1999 and as amended from time to time;]

“personal injury” has the same meaning as it has in the Act of 1961;

“proceedings” means proceedings in court;

F4["Regulation (EC) No. 392/2009"^2means Regulation (EC) No. 392/2009 of the European Parliament and of the Council of 23 April 2009 on the liability of carriers of passengers by sea in the event of accidents, as amended from time to time;]

F4["Warsaw Convention" means the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw on 12 October 1929, or the Warsaw Convention as amended—

(a) at The Hague on 28 September 1955,

(b) by the Convention supplementary to the Warsaw Convention done at Guadalajara on 18 September 1961, and

(c) as amended from time to time;]

“wrong” has the same meaning as it has in the Act of 1961.

(2) For the purposes of the definition of “civil action” in subsection (1) “action”—

(a) includes an action the cause of action comprising which accrued before the passing of this Act, and

(b) shall be deemed to include an action intended to be pursued for damages under section 48 of the Act of 1961.

(3) In this Act “respondent”, where used without qualification, does not, unless expressly provided otherwise, include a non-participating respondent (within the meaning of section 15) or a nonaccepting respondent (within the meaning of section 34).

(4) References in subsequent provisions of this Act to a next friend or, as appropriate, a guardian, in relation to a claimant or a respondent, shall be construed as references to a person who would be entitled to act as a next friend or guardian of the claimant or respondent, as the case may be, were the relevant claim concerned to be the subject of proceedings.

(5) In this Act—

(a) a reference to a section or Part is a reference to a section or Part of this Act unless it is indicated that reference to some other enactment is intended,

(b) a reference to a Chapter is a reference to the Chapter of the Part in which the reference occurs, unless it is indicated that reference to some other provision is intended,

(c) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended, and

(d) a reference to any other enactment is a reference to that enactment as amended or extended by or under any subsequent enactment.

5. Regulations.

5.—(1) The Minister may make regulations in respect of anything referred to in this Act as being the subject of regulations or for the purpose of enabling this Act to have full effect.

(2) Every order (other than an order under section 2) and regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(3) The Minister may by order amend or revoke an order under this Act (other than an order under section 2 but including an order under this subsection).

6. Savings.

6.—(1) Nothing in this Act affects proceedings brought before the commencement of this section.

(2) Subsection (1) is without prejudice to section 48 (which enables the Board, where rules under section 46 so provide, to make an assessment of a relevant claim, the subject of proceedings brought before the commencement of this section).

(3) Nothing in this Act prevents 2 or more persons from entering into a settlement in respect of a relevant claim.

(4) If—

(a) such a settlement is entered into after one or more steps under Part 2 have been taken in relation to the relevant claim, and

(b) the claimant and the respondent or, as the case may be, the claimant and each of the respondents are parties to the settlement,

the Board shall, on being informed in writing of the settlement, cause no further step under that Part to be taken in relation to the claim.

7. Obtaining of legal advice.

7.—(1) Nothing in this Act is to be read as affecting the right of any person to seek legal advice in respect of his or her relevant claim and no rule shall be made under section 46 that affects that right.

(2) Subsection (1) shall not be read as requiring any procedure to be followed by the Board or hearing to be conducted by it that would be required to be followed or conducted by a court were the relevant claim concerned to be the subject of proceedings.

8. Expenses.

8.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART 2 Mandatory Assessment Procedures in respect of Certain Civil Actions

Chapter 1

9. “Relevant claim”.

9.—In this Chapter “relevant claim” means a civil action to which this Act applies.

10. What this Chapter does.

10.—This Chapter—

(a) specifies certain procedures that must be employed by—

(i) every claimant who wishes to recover damages in respect of a relevant claim, and

(ii) the Board in consequence of those procedures having been employed by such a claimant,

and

(b) prohibits the bringing of proceedings in respect of such a claim unless specified conditions are satisfied.

11. Application for assessment.

11.—F9[(1) A claimant—

(a) shall make an application under this section to the Board for an assessment to be made undersection 20of his or her relevant claim, and

(b) may apply for resolution of his or her relevant claim by way of mediation underChapter 1A.]

(2) That application shall be in the form specified by rules under section 46 and be accompanied by such documents as may be so specified.

(3) Without prejudice to the generality of section 46 as regards the documents that may be specified for the foregoing purpose, the documents that may be specified for that purpose include—

(a) a document that has been given or sent, by or on behalf of the claimant, to the person or persons whom he or she believes to be liable to pay compensation to him or her in respect of the claim, notifying the person or persons of his or her relevant claim and seeking the payment of compensation,

(b) copies of any other correspondence between the claimant and that person or those persons in relation to the relevant claim,

F10[(ba) copies of any documentation concerning the identity of the claimant where such claimant does not have a personal public service number (within the meaning of section 262 of the Social Welfare Consolidation Act 2005),]

(c) a report prepared by a medical practitioner who has treated the claimant in respect of the personal injuries, the subject of the relevant claim, in relation to those injuries,

(d) receipts, vouchers or other documentary proof in relation to loss or damage in respect of which special damages are being sought in the relevant claim.

F10[(3A) Notwithstandingsubsection (2)and any rules undersection 46, an application under this section made on or after the commencement of section 3(c) of the Personal Injuries Resolution Board Act 2022 shall not be an application for the purposes ofsection 50, unless it is signed by the claimant and includes confirmation of each of the following:

(a) the claimant’s name, date of birth, phone number, and the address at which he or she ordinarily resides;

(b) the claimant’s personal public service number (within the meaning of section 262 of the Social Welfare Consolidation Act 2005) or, in any case where the claimant does not have a personal public service number, such other documentation concerning his or her identity as may be specified by rules undersection 46;

(c) the name and address of the person or each of the persons who the claimant alleges in the application is or are liable to him or her in respect of the accident or incident concerned;

(d) the date and time on which it is alleged that the accident or incident the subject of the application occurred;

(e) a description of how and where it is alleged that the accident or incident the subject of the application occurred;

(f) a description of the personal injuries allegedly sustained by the claimant in the accident or incident the subject of the application;

(g) that the medical report enclosed with the application describes the personal injuries allegedly sustained by the claimant in the accident or incident the subject of the application.]

(4) If an enactment or a rule of court (whether passed or made before or after the passing of this Act) requires notice of any accident or occurrence that has given rise to personal injuries being sustained by a person to be given, prior to a civil action being pursued in respect of those injuries, to the person or persons alleged to be responsible for them, then the reference in subsection (3) (a) to the document mentioned in that provision shall be construed as a reference to such a notice.

(5) When it appears to the Board, in circumstances where the presumption provided for by section 18 (presumption as to full capacity) is rebutted in relation to the applicant, that an applicant under this section is not of full capacity the Board shall not deal with the applicant's application (but without prejudice to its duty, subject to section 17, to deal with a fresh application subsequently made under this section on his or her behalf by a next friend or a committee of him or her).

12. Bar on bringing proceedings unless certain conditions are satisfied.

12.—(1) Unless and until an application is made to the Board under section 11 in relation to the relevant claim and then only when the bringing of those proceedings is authorised under section 14, 17, 32 or 36, rules under section 46(3) or section 49 and subject to those sections or rules, no proceedings may be brought in respect of that claim.

(2) Nothing in subsection (1) or any other provision of this Act is to be read as affecting the right of a claimant or a respondent to invoke, subject to and in accordance with this section, the jurisdiction of any court to make an order referred to in subsection (3) that could be made if proceedings, but for subsection (1), were to be brought or were about to be brought in respect of the relevant claim and the court shall, accordingly, have jurisdiction, subject to and in accordance with this section, to make such an order despite the enactment of subsection (1).

(3) The order mentioned in subsection (2) is any order of an interlocutory kind or power to make which is provided for by rules of court or otherwise inherent in the court's general jurisdiction in civil proceedings and, in particular, an order restraining the transfer of assets to a place outside the State for the purpose of defeating the rights of another arising out of the relevant claim or the dissipation of assets for that purpose and an order requiring evidence to be preserved.

(4) In relation to the invocation of the foregoing jurisdiction of the court the following provisions have effect—

(a) the application for the order concerned shall be made by motion on notice or, as appropriate, ex parte motion,

(b) without prejudice to the principles or rules that govern generally the exercise of that jurisdiction, the court shall not exercise that jurisdiction to make any order (not being an order relating to the transfer or dissipation of assets) unless it is satisfied that—

(i) the making of the application therefor is bona fide and for the sole purpose of ensuring the fair and just disposition of any proceedings that could be brought in the event of the issue of an authorisation referred to in subsection (1), and

(ii) the making of the order is required so as to enable the fair and just disposition of those proceedings,

and the court shall ensure that the manner in which any such application is dealt with does not prejudice any procedures which are being or may be followed under this Act in relation to the relevant claim,

(c) on the hearing of any such application the court shall have power to grant the relief sought or, subject to this section, make any other interlocutory order that is appropriate to the application or may adjourn, from time to time, the hearing of the application or dismiss the application and, in any of the foregoing cases, may make such order as to costs as it considers appropriate,

(d) the person making any such application shall be subject to the same duties as he or she would be subject to if the application were to be made in the course of proceedings brought in respect of the relevant claim and may (in addition to any undertaking he or she may be regarded as having given by operation of law) be required to give such undertakings as the court may specify in the circumstances,

(e) in the event of proceedings being brought in respect of the relevant claim pursuant to an authorisation referred to in subsection (1), any order made in exercise of the foregoing jurisdiction shall be deemed to be an order made in the course of those proceedings and the court may, accordingly, continue to exercise jurisdiction in respect of the order, and

(f) in the event of no proceedings being brought in respect of the relevant claim, the court may make such order as to the discharge of the order referred to in paragraph (e), to any other matters in consequence of the order so referred to and to the costs of the matter as in necessary or appropriate in the circumstances.

F11[(5) The issuing of a notice of motion or the moving of a motion for the purposes of an application referred to insubsection (4)shall not be regarded as the commencement of proceedings in respect of the relevant claim for the purposes of any applicable limitation period in relation to such claim (including any limitation period under the Statute ofLimitations 1957,section 9(2) of theCivil Liability Act 1961, theStatute of Limitations (Amendment) Act 1991and an international agreement or convention by which the State is bound).]

13. Notification of application to respondent and ascertainment of his or her wishes.

13.—F12[(1) (a) As soon as practicable after receipt of an application undersection 11, the Board may serve a preliminary notice on the person or each of the persons who the claimant alleges in the application is or are liable to him or her in respect of the relevant claim (who or each of whom is referred to in this Part as a "respondent") notifying the respondent of the relevant claim.

(b) As soon as practicable after receipt of—

(i) an application undersection 11,

(ii) a report prepared by a medical practitioner undersection 11(3)(c), and

(iii) the charge imposed on the claimant pursuant to regulations made undersection 22(1),

the Board shall serve the following notice on the respondent.]

F13[(2) The notice undersubsection (1)(b)is a notice stating that the Board has received an application made undersection 11by the claimant and requesting the respondent to state to the Board in writing, within the period specified in the notice, whether he or she consents to—

(a) an assessment being made undersection 20of the claimant’s relevant claim,

(b) mediation of the relevant claim underChapter 1A, where the claimant has applied for resolution of his or her relevant claim under that Chapter, or

(c) both an assessment referred to inparagraph (a)and mediation referred to inparagraph (b).]

14. Procedures on foot of notification under section 13.

14.—F14[(1) (a) If a respondent states in writing in response to a notice served undersection 13(1)(b)within the period specified in the notice that he or she consents to mediation of the relevant claim underChapter 1A, then the Board shall, subject tosections 17and18, arrange for mediation of that claim underChapter 1A.

(b) If a respondent—

(i) states in writing in response to a notice served undersection 13(1)(b)within the period specified in the notice that he or she does not consent to mediation of the relevant claim underChapter 1A, or

(ii) fails to state in writing, in response to the notice, within the period specified in that notice, whether or not he or she consents to mediation underChapter 1A,

thenparagraph (c)shall apply.

(c) If a respondent—

(i) states in writing, in response to a notice served undersection 13(1)(b), within the period specified in it, that he or she consents to an assessment being made undersection 20of the claimant’s relevant claim, or

(ii) fails to state in writing, in response to that notice, within the period specified in it, whether or not he or she does so consent, then the Board shall, subject tosections 17and18, arrange for an assessment to be made undersection 20of that claim.]

(2) If a respondent states in writing, in response to F15[a notice served undersection 13(1)(b)], within the period specified in it, that he or she does not consent to an assessment being made under section 20 of the claimant's relevant claim, it shall be the duty of the Board, as soon as may be after that statement is received by it, to issue to the claimant a document that contains the statement and operates to have the effect mentioned in subsection (4).

(3) Such a document is referred to in this Act as an “authorisation”.

(4) An authorisation under this section shall state that the claimant is authorised to, and operate to authorise the claimant to, bring proceedings in respect of his or her relevant claim.

15. Procedures if not everyone of 2 or more respondents consents to assessment being made.

15.—If there are 2 or more respondents as respects a relevant claim and one or more but not all of them makes a statement in writing of the kind referred to in section 14(2) the following provisions have effect—

(a) the Board, despite the making of such a statement, shall, subject to sections 17 and 18, arrange for an assessment to be made under section 20 of the claimant's relevant claim,

(b) the assessment made under that section, though subsequently accepted, if such be the case, by the other respondent or respondents, shall not be binding on the respondent or respondents who made such a statement, (the “non-participating respondent or respondents”), and

(c) section 14 shall have effect as if the following subsections were substituted for subsection (4):

“(4) An authorisation under this section shall state that the claimant is authorised to, and operate to authorise the claimant to, bring proceedings in respect of his or her relevant claim against only the non-participating respondent or respondents (within the meaning of section 15) but this subsection is subject to the following subsection.

(5) Subsection (4) does not prejudice the operation of section 41 (which relates to the application of section 16 of the Act of 1961 (satisfaction by one wrongdoer discharging the other wrongdoer or wrongdoers)) and, accordingly, the proceedings authorised by that subsection to be brought—

(a) shall cease to be maintainable if the amount or amounts specified in an order to pay that may eventually be issued by the Board in respect of the relevant claim are paid to the claimant, or

(b) if only a portion of the amount or amounts specified in such an order to pay that may eventually be issued is paid to the claimant, shall be maintainable in respect of only the balance outstanding.”.

16. Making of, or omission to make, statement referred to in section 14 not an admission of liability.

F16[16.Neither a statement referred to insubsection (1)(a)or(1)(c)(i)ofsection 14nor a failure of the kind mentioned insubsection (1)(c)(ii)of that section shall constitute an admission of liability by the respondent concerned or be capable of being used in evidence against him or her in any proceedings or operate in any manner to prejudice any proceedings.]

17. Discretion of Board not to arrange for making of assessment.

17.—(1) Despite—

(a) the making by a respondent of a statement referred to in F17[section 14(1)(c)(i)], or

(b) the fact that a failure by him or her of the kind referred to in F17[section 14(1)(c)(ii)] has occurred,

the Board shall not be required to arrange for the making of an assessment under section 20 of the relevant claim concerned (or, as appropriate, shall discontinue any such assessment the making of which it has arranged) if—

(i) in its opinion, there does not exist, or there has not been previously entered into, in relation to the type of personal injury or injuries to which the relevant claim relates, a sufficient body of case law or, as the case may be, a sufficient number of settlements to which regard may be had by the assessors for the purpose of making such an assessment, or

(ii) in its opinion, it would not be appropriate to do so—

(I) because of the particular complexity of the issues that would require to be addressed were an assessment of the relevant claim to be made such as (without limiting the generality of this clause) issues involving the interaction between each of a number of injuries the claimant alleges he or she sustained in the accident or incident concerned or the interaction between one or more such injuries and any existing condition or disease the claimant suffered from or any injury he or she previously sustained, or

(II) F18[…]

(III) because aggravated or exemplary damages are bona fide (and not for the purpose of circumventing the operation of this Act) sought to be recovered in the relevant claim, or

(IV) in case the relevant claim arises out of a trespass to the person, because the making of an assessment of the claim by the means to which assessors are limited to employing by this Act would not respect the dignity of the claimant, or

(V) because the gravity of any injury or illness of the claimant is such that, were proceedings to be brought in respect of his or her relevant claim, an early trial of the claim would, in the Board’s opinion, be ordered to be held to meet the contingency of the claimant's dying before the time the claim would otherwise, in the ordinary course of events, come on for trial,

or

(iii) F18[…]

(iv) in its opinion, the person purporting to act as a next friend, or as the case may be, a guardian of the claimant or a respondent has a conflict of interest in the matter, or otherwise would not be entitled to act as a next friend or guardian of the claimant or respondent were the relevant claim to be the subject of proceedings, and steps are unlikely to be taken in a timely fashion to secure an appropriate replacement for him or her, or

(v) in its opinion, the relevant claim falls within a class of relevant claims as respects which the Board has, with the consent of the Minister and the Minister for Justice, Equality and Law Reform, for the time being declared there to be other good and substantial reasons for its not arranging the making of such an assessment in respect of F19[them, or]

F20[(vi) the notice undersection 13(1)(b)on the person or each of the persons who the claimant alleges in the application is or are liable to him or her in respect of the relevant claim cannot be served on, or given, or issued to the person in accordance withsection 79, or

(vii) the respondent has notified the Board of his or her intention not to accept the assessment when made, or

(viii) in its opinion, the relevant claim falls within a class of relevant claims to which Regulation (EC) No. 864/2007 of the European Parliament and of the Council of 11 July 2007^1on the law applicable to non-contractual obligations (Rome II) applies, or

(ix) in its opinion, the relevant claim falls within a class of relevant claims where a settlement has been negotiated for the benefit of a minor or person of unsound mind (including a dependant minor or person of unsound mind where the relevant claim arises from fatal injuries) to be approved by the court.]

F21[(1A) Despite the making by a respondent of a statement referred to insection 14(1)(a), the Board shall not be required to arrange for mediation underChapter 1Aof the relevant claim concerned (or, as appropriate, shall discontinue any such mediation which it has arranged) if any ofparagraphs (i)to(ix)ofsubsection (1)applies in relation to the relevant claim concerned.]

(2) As soon as may be after the Board forms an opinion referred to in any of paragraphs (i) to (v) of subsection (1), the Board shall record that opinion in writing and the reasons therefor.

(3) In addition to the grounds specified in subsection (1) for its not doing so, the Board may, in its discretion, decide not to arrange for the making of an assessment under section 20 F21[or the carrying out of mediation underChapter 1A] of a relevant claim if a charge imposed by it pursuant to regulations under section 22(1) on a respondent has not been paid to it; any such decision shall be recorded in writing by the Board as soon as may be after it is made.

(4) It shall be the duty of the Board, as soon as may be after recording an opinion or a decision referred to in subsection (1) or (3), to issue to the claimant concerned a document that contains the statement and operates to have the effect mentioned in subsection (6).

(5) Such a document is also referred to in this Act as an “authorisation”.

(6) An authorisation under this section shall state that the claimant is authorised to, and operate to authorise the claimant to, bring proceedings in respect of his or her relevant claim.

(7) If an authorisation would fall to be issued under both—

(a) this section, and

(b) but for this subsection, section 14 as it has effect by virtue of section 15,

then an authorisation shall only be issued under this section.

18. Presumption as to capacity of claimant and respondent.

18.—(1) Subject to subsections (2) and (3), for the purpose of the performance of every function under this Part the Board shall presume that the claimant and the respondent or respondents are each of full capacity.

(2) If—

(a) rules under section 46 require an application under section 11 to include a statement that the claimant is of full age, or

(b) rules under that section require the Board, before it deals with a claimant or a respondent under this Part, to seek confirmation from the claimant or the respondent that he or she is of full age,

then subsection (1), in so far as it relates to a person’s being of full age, shall not apply unless and until that requirement of those rules is complied with or that confirmation is given by the claimant or the respondent.

(3) Subject to subsection (4), if, during the course of the performance by the Board of its functions under this Part, a medical opinion in writing is furnished to the Board to the effect that the claimant or a respondent is not of sound mind then the presumption in subsection (1) shall be regarded as rebutted and the Board shall, as appropriate—

F22[(a) not arrange for the making of an assessment of, or the carrying out of mediation in relation to, the relevant claim concerned, or

(b) if any step in the making of that assessment or carrying out of that mediation, or consequent on the making of that assessment or carrying out of that mediation, has already been taken, cause no further step to be taken in the making of that assessment or carrying out of that mediation or consequent on its making or carrying out,]

unless, in the case of such an opinion that has been furnished in respect of one or more than one of 2 or more respondents, no such opinion has been furnished in respect of the other or others or the claimant.

(4) Nothing in subsection (1) or paragraph (a) or (b) of subsection (3) applies if—

(a) in the case of a claimant, a next friend or a committee of the claimant is acting on his or her behalf, and

(b) in the case of a respondent, a guardian or a committee of the respondent is acting on his or her behalf.

(5) No action or proceeding shall lie against the Board or any of its members or employees in respect of anything which the Board, the member or the employee could have lawfully done or omitted to do had the circumstances presumed by virtue of subsection (1) to pertain pertained in fact.

(6) If such an opinion as is referred to in subsection (3) is furnished in respect of one or more than one, but not all, of 2 or more respondents and subsection (4) does not apply then the Board shall record in writing the fact of its having received that opinion and no assessment made under this Part in relation to the relevant claim shall bind the respondent or respondents to whom the opinion relates.

F23[Chapter 1A

18A. Application and definitions

18A.—(1) This Chapter applies to—

(a) a relevant claim in respect of which an application was, before the commencement of this section, made undersection 11where—

(i) an authorisation has not issued in respect of the relevant claim concerned, and

(ii) neither the claimant nor any of the respondents have—

(I) responded to a notice served in accordance withsection 30, nor

(II) been deemed to have accepted or not accepted, as the case may be, an assessment in accordance withsection 31,

and

(b) a relevant claim in respect of which an application was, on or after the commencement of this section, made undersection 11.

(2) In this Chapter—

“date of the completion of the mediation”means—

(a) the date that the document referred to insection 18C(1)(b)is signed by each of the parties, or

(b) where the document is signed by the parties on different dates, the last of those dates;

“mediation”means a confidential, facilitative, and voluntary process in which parties to a relevant claim, with the assistance of a mediator, attempt to reach a mutually acceptable agreement to resolve the relevant claim;

“mediator”has the meaning assigned to it bysection 18B(4).]

18B. F24[Mediation process

18B.—(1) Notwithstanding anything contained in this Part the Board may, where it considers it appropriate—

(a) invite the parties to consider mediation as a means of attempting to resolve the relevant claim, and

(b) provide the parties with information about the objectives and benefits of mediation in attempting to resolve the relevant claim.

(2) The objective of mediation, in relation to a relevant claim, is to have the claim resolved by agreement reached by the parties and the Board shall, in order to promote engagement in the mediation process, ensure that the objective is understood by each of the parties.

(3) Where each of the parties state that he or she consents to the relevant claim being the subject of mediation, the Board shall arrange for the claim to be the subject of mediation under this Chapter.

(4) Mediation of a relevant claim shall be made by—

(a) such employees of the Board for the time being assigned the performance of functions under this Chapter as the Board may direct, or

(b) such persons as may be appointed undersection 18D, each of whom, in this Chapter, shall be referred to as a“mediator”.

(5) A mediator shall—

(a) inquire fully into each relevant aspect of the relevant claim concerned,

(b) provide to, and receive from, each party such information as is appropriate, and

(c) generally make such suggestions to each party and take such other actions as he or she considers appropriate, with a view to achieving the objective referred to insubsection (2).

(6) Participation in mediation by the parties is voluntary, and a party may—

(a) withdraw from mediation at any time prior to the date of completion of the mediation, and

(b) be accompanied to the mediation, and assisted by a person (including a legal advisor) who is not a party to the relevant claim.

(7) The Board may, prior to the date of completion of the mediation, where the mediator has failed to furnish his or her report within the period specified by rules undersection 18Fand where the Board considers it appropriate to do so, abandon an attempt to resolve a relevant claim by mediation.

(8) Where the Board abandons an attempt to resolve a claim by mediation undersubsection (7),section 18C(6)shall apply.

(9) The Board shall not be required to arrange for mediation of a relevant claim where there are 2 or more respondents as respects the relevant claim and one or more of them—

(a) makes a statement in writing of the kind referred to insection 14(1)(b)(i), or

(b) is a respondent on whose part a failure of the kind referred to insection 14(1)(b)(ii)occurred in relation to the relevant claim.

(10) Subject tosubsection (11), all communications (including oral statements) and all records and notes relating to a mediation including a report undersection 18Cshall be confidential and shall not be disclosed in relation to an assessment made undersection 20or any proceedings before a court or otherwise.

(11)Subsection (10)shall not apply to a communication or records or notes, or both, where disclosure—

(a) is necessary in order to implement or enforce a mediation settlement,

(b) is necessary to prevent physical or psychological injury to a party,

(c) is required by law,

(d) is necessary in the interests of preventing or revealing—

(i) the commission of a crime (including an attempt to commit a crime),

(ii) the concealment of a crime, or

(iii) a threat to a party,

or

(e) is sought or offered to prove or disprove a civil claim concerning the negligence or misconduct of the mediator occurring during the mediation or a complaint to a professional body concerning such negligence or misconduct.

(12) Evidence introduced into or used in mediation that is otherwise admissible or subject to discovery in proceedings shall not be or become inadmissible or protected by privilege in such proceedings solely because it was introduced into or used in mediation.]

18C. F25[Mediation outcome and report

18C.—(1) As soon as practicable after the mediation is completed, the mediator shall prepare a report containing the following namely:

(a) a statement of what matters, if any, relating to the dispute are agreed by the parties to be matters of fact;

(b) a summary in writing, signed by the parties, of the matter or matters, if any, whether they go in whole or part to resolving the dispute or not, agreed to by the parties; and

(c) relevant particulars in relation to the conduct of the mediation (including particulars in relation to the number and duration of sessions held by the mediator and the persons who participated in any such session or sessions), and a list of any documents submitted to the mediator (but without disclosing any of their contents).

(2) The mediator shall, after preparing a report undersubsection (1), furnish a copy of it to the Board.

(3) Notwithstanding that, following a mediation, the parties have signed an agreement which resolves the dispute concerned, each of the parties may, not later than 10 days from the date of the completion of the mediation concerned, notify the mediator and the Board in writing that he or she no longer accepts the agreement and does not wish to be bound by it.

(4) Where—

(a) the report furnished to the Board undersubsection (2)states that there is agreement between the parties and that the agreement resolves the relevant claim,

(b) a period of 10 days has elapsed from the date of the completion of the mediation, and

(c) in that period none of the parties to the agreement has informed the Board that he or she no longer accepts that agreement,

the Board shall proceed to issue an order to pay pursuant tosection 38to include provision for the monetary value, if any, which the respondent has agreed to pay to the claimant.

(5) Where an order to pay has issued in accordance withsubsection (4)the Board shall not issue a document referred to in this Act as an“authorisation”.

(6) Where an attempt to resolve a relevant claim by mediation is unsuccessful (including where mediation has been abandoned undersection 18B(7)), or if any of the parties responds within the period specified insubsection (3)by stating that he or she does not wish to be bound by the agreement, and—

(a) where the respondent has given consent undersection 14(1)(c), and

(b) an assessment has not already been completed,

the Board shall refer the relevant claim for assessment undersection 20.

(7) Notwithstandingsubsection (6)—

(a) a claimant may withdraw an application in relation to the relevant claim undersection 47(1),

(b) the Board may not arrange for the making of an assessment where the respondent has notified the Board of his or her intention not to accept an assessment undersection 17(1)(b)(vii), or

(c) the Board may arrange for the making of an assessment undersection 20where the respondent notifies the Board of his or her consent to an assessment.]

18D. F26[Appointment of mediators

18D.—(1) The Board may from time to time appoint such and so many persons, not being members of staff of the Board, as it considers appropriate to carry out the mediation functions assigned to them by the Board.

(2) The Board may form a panel comprising the names of the persons who stand appointed undersubsection (1).

(3) A person appointed undersubsection (1)shall be appointed for such period as the Board may determine and, subject tosubsection (4), his or her terms and conditions shall be such as the Board may determine from time to time.

(4) A person appointed undersubsection (1)shall be paid such fees and expenses as the Board, with the consent of the Minister and the Minister for Public Expenditure and Reform, may determine from time to time.

(5) A person appointed undersubsection (1)may, by notice in writing addressed to the Board, at any time resign from his or her appointment and his or her resignation shall take effect on the date on which the Board receives the notice, or the date stated in the notice, whichever is the later.

(6) The Board may for stated reasons revoke an appointment undersubsection (1).

(7) Neither the Public Service Management (Recruitment and Appointments) Act 2004 nor the Civil Service Regulation Acts 1956 to 2005 shall apply to a person appointed under this section.]

18E. F27[Provisions relating to mediators

18E.—(1) In respect of a matter dealt with by him or her under this Chapter, a mediator shall—

(a) declare to the parties at the outset of dealing with the matter any potential conflict of interest of which he or she is aware or ought to reasonably be aware, and

(b) maintain the confidentiality of the proceedings concerned and shall not disclose any report prepared by him or her undersection 18Cotherwise than in accordance with that section.

(2) Where a declaration referred to insubsection (1)(a)is made to the parties then, unless each of the parties agree to the mediator continuing to deal with the matter, the Board shall appoint another mediator to deal with the matter.

(3) Where a mediator has, in respect of a relevant claim, participated in a mediation he or she shall not—

(a) be an assessor or a retained expert in respect of the relevant claim, or

(b) otherwise participate in the assessment of the relevant claim.

(4) Subject to any rules undersection 18F, the manner in which a mediation is conducted shall be at the discretion of the mediator concerned but it shall be the duty of that mediator to ensure that the mediation is conducted without undue formality.]

18F. F28[Power of the Board to make procedural rules relating to mediation

18F.—(1) Subject to the provisions of this Chapter, the Board may make rules concerning the procedures to be followed under this Chapter.

(2) Without prejudice to the generality ofsubsection (1), rules under this section may

(a) specify the period within which

(i) a mediator shall be assigned to deal with a relevant claim referred to the Board,

(ii) a mediator shall furnish his or her report undersection 18Cto the Board,

(b) specify any other time periods that the Board considers appropriate for the purposes of this Chapter,

(c) subject tosection 18B(10), specify how the confidentiality of the mediation process shall be maintained within the Board,

(d) subject tosection 18E(3), specify by which means mediation under this Chapter and an assessment under section 20 shall be independent and separate from each other,

(e) specify that the Board may facilitate the mediation process to take place other than in person, including by way of telephone or other electronic means.]

Chapter 2

19. What this Chapter contains.

19.—This Chapter contains the principal provisions relating to the making of an assessment of a relevant claim the making of which has been arranged by the Board under F29[section 14(1)(c)].

20. Assessment.

20.—(1) In this section “assessment”, in relation to a relevant claim, means an assessment of the amount of damages the claimant is entitled to in respect of the claim on the assumption that the respondent or respondents are fully liable to the claimant in respect of the claim.

(2) An assessment of a relevant claim shall be made by such one or more of the employees of the Board for the time being assigned the performance of functions under this Chapter as the Board directs (in subsequent sections of this Part referred to as “assessors”).

(3) That employee or those employees may be assisted in the making of the assessment by one or more of the persons the services of whom are engaged by the Board under section 80 (in subsequent sections of this Part referred to as “retained experts”).

(4) F30[Subject tosubsection (5), an assessment shall be made] on the same basis and by reference to the same principles governing the measure of damages in the law of tort and the same enactments as would be applicable in an assessment of damages were proceedings to be brought in relation to the relevant claim concerned.

F31[(5) In making, on or after the date of coming into operation of section 99 of the Judicial Council Act 2019, an assessment in relation to a relevant claim of the amount of damages for personal injuries the claimant is entitled to, assessors shall—

(a) have regard to the personal injuries guidelines (within the meaning of that Act) in force, and

(b) where they depart from those guidelines, state the reasons for such departure and include those reasons in the assessment in writing undersection 30(1).]

F32[(6) Notwithstandingsubsections (4)and(5), the Board, when making an assessment of a claim in a civil action referred to insection 3(aa), shall take into account the following:

(a) in the case of a claim relating to personal injuries not causing death, paragraphs (a) and (b) of section 23(3) of the Act of 2022 and section 23(4) of the Act of 2022,

(b) in the case of a claim relating to a death, paragraphs (b) to (e) of section 23(6) of the Act of 2022 and section 23(7) of the Act of 2022.]

21. Section 20: supplemental provisions.

21.—(1) The assessors shall make their assessment by reference to the information, records or other documents required or authorised by this Act to be furnished to them; no hearing shall be conducted by them for that purpose.

(2) The assessors may also have regard, for that purpose, to relevant information, records or documents that came, before the commencement of this section, into the possession of the board known as the “Interim Personal Injuries Assessment Board” established on 27 November 2002 by the Minister for Enterprise, Trade and Employment.

F33[(3A) If the assessment is an assessment of a relevant claim relating to a civil action referred to insection 3(aa)that is being taken by or for the benefit of persons to whom section 8(2)(b) of the Act of 2022 applies, the assessment shall specify the proportion of the amount of damages it provides for to which each of those persons is to be entitled.]

(3) If the assessment is an assessment of a relevant claim relating to a proposed action for damages under section 48 of the Act of 1961 the assessment shall specify the proportion of the amount of damages it provides for to which each of the dependants concerned is to be entitled.

(4) An assessment shall not, in respect of the damages which it provides for, specify that they shall be paid in 2 or more instalments.

22. Power to impose charges.

22.—F34[(1) The Board, with the consent of the Minister may, and if directed by the Minister to do so shall, make regulations enabling the Board to impose the charges referred to insubsection (2)in respect of the dealing by the Board with an application undersection 11in relation to a relevant claim.]

(2) Those charges are—

(a) a charge on the claimant of an amount specified in the regulations under subsection (1),

(b) a charge on the respondent or, as the case may be, each of the respondents of an amount F35[specified in those regulations,]

F36[(ba) a charge, additional to that referred to inparagraph (b), on the respondent or, as the case may be, each of the respondents of an amount specified in those regulations for failure to pay within the period provided for by those regulations, and]

(c) a charge, additional to that referred to in paragraph (b), on the respondent or, as the case may be, each of the respondents, for the purpose of defraying any amount of the expenses incurred by the Board, or on its behalf, in the making of the assessment concerned that, in its opinion, is of an exceptional kind.

(3) For the purpose of subsection (2)(c) and regulations under that provision—

(a) “an exceptional kind”, in relation to an amount, means an exceptional kind relative to the amounts of expenses typically incurred by the Board, or on its behalf, in the making of assessments,

(b) without prejudice to paragraph (a), any amount of expenses incurred by the Board, or on its behalf, in the arranging of, or the carrying out of, a medical examination referred to in section 24(2) is an amount of an exceptional kind.

F37[(4) Different amounts may be specified in regulations undersubsection (1)—

(a) for the purposes ofsubsection (2)(b)—

(i) in relation to different classes of relevant claim, and

(ii) in relation to different stages of a relevant claim,

and

(b) for the purposes ofsubsection (2)(a)and(b)in relation to the submission of documents in electronic and paper form.]

(5) The Board may refuse to deal with an application under section 11 if a charge imposed by it pursuant to regulations under subsection (1) in relation to the application has not been paid to it.

(6) Any amount of charges imposed pursuant to regulations under subsection (1) may be recovered by the Board from the person concerned as a simple contract debt in any court of competent jurisdiction.

(7) Charges may be imposed pursuant to regulations under subsection (1) even though, before the making of an assessment of the claim would otherwise have fallen to be made under section 20, a settlement is entered into in respect of the relevant claim concerned.

F38[(7A) A respondent referred to insection 14(1)shall be liable to the Board for any and all charges incurred by the Board in respect of the respondent in relation to the relevant claim concerned pursuant to regulations made under this section.]

(8) In subsection (2) “respondent” includes a non-accepting respondent (within the meaning of section 34).

23. Power to require additional information, etc.

23.—(1) The assessors may request the claimant to furnish to them such information or documents in the possession or control of the claimant, additional to the information contained in, or the documents which accompanied, his or her application under section 11, as they consider necessary for the making of the assessment.

(2) The assessors may request the respondent or respondents to furnish to them such information or documents in the possession or control of the respondent or respondents as the assessors consider necessary for the making of the assessment.

(3) If retained experts are assisting the assessors in the making of the assessment the assessors may make the following request if they consider that it is necessary to do so for the purpose of enabling those experts to assist them in the making of the assessment.

(4) That request is a request of the claimant or the respondent or respondents to—

(a) provide such assistance to the retained experts,

(b) furnish such information or documents to those experts, additional to that or those referred to in subsection (1) or (2), or

(c) otherwise co-operate with those experts in such manner,

as is or are specified in the request.

24. Medical examination of claimant in certain circumstances.

24.—(1) The assessors may make the request referred to in subsection (2) if—

(a) any information or documents furnished by the claimant, whether initially or pursuant to a request made under section 23, and consisting of any medical opinion (whether a diagnosis or prognosis) in relation to the claimant's injuries is not accepted as being correct by a respondent, or

(b) the assessors otherwise consider it appropriate to do so.

(2) The request mentioned in subsection (1) is a request of the claimant to submit himself or herself to a medical examination which the Board may arrange to be carried out in relation to the claimant by one or more medical practitioners.

(3) That medical practitioner or those medical practitioners shall be a person or persons who have no pecuniary interest or other beneficial interest in, or material to, any matter which could reasonably be affected (whether favourably or unfavourably) by the outcome of the assessment.

(4) For the avoidance of doubt the medical examinations which the Board may arrange to be carried out under this section include a medical examination to be carried out in a place outside the State.

25. Failure to comply with a request under section 23 or 24.

25.—(1) If a claimant fails to comply with—

(a) a request under section 23(1), the assessors shall proceed to make the assessment as best they may in the absence of the information or document to which the request related,

(b) a request under section 23(3), the assessors shall proceed to make the assessment as best they may in the absence of the information or document to which the request related having been furnished to the retained experts or, as the case may be, the assistance or co-operation to which the request related having been afforded to those experts,

(c) a request under section 24(1)(a), the assessors shall, unless they see good reason for not doing so, make the assessment on the basis that the contention of the respondent concerning the information or document referred to in section 24(1) and which gave rise to the making of the request was correct,

(d) a request under section 24(1)(b), the assessors shall proceed to make the assessment as best they may in the absence of the information that would have been provided to them had the medical examination to which the request related been carried out.

(2) If a respondent fails to comply with a request under section 23(2) or (3), the assessors shall proceed to make the assessment as best they may in the absence of the information or document to which the request related having been furnished to them or the retained experts or, as the case may be, in the absence of the assistance or co-operation to which the request related, having been afforded to those experts.

26. Powers to request information from third parties.

26.—(1) The assessors may request any person (including a Department of State or any other public body (other than the Revenue Commissioners)) to furnish to them such records, documents or other information in his or her possession or control as they reasonably request for the purpose of—

(a) verifying any item of loss alleged by the claimant in his or her relevant claim, or

(b) complying with the provisions of any enactment that requires specified amounts to be deducted or specified matters to be taken account of in the making of an assessment of damages,

and the records, documents or other information that may be the subject of such a request include records, documents or information that came into existence, or into the possession of the person requested, before the passing of this Act, and it shall be the duty of such person to comply with such request.

(2) Without prejudice to the generality of subsection (1), the assessors may, for the purpose specified in subsection (3), request the Department of the Environment, Heritage and Local Government to furnish to them relevant particulars in relation to a mechanically propelled vehicle contained in a database that is maintained by it for the purposes of any Community act.

(3) The purpose mentioned in subsection (2) is the purpose of the Board's ascertaining the identity of the insurance company or undertaking, if any, which has entered in to an approved policy of insurance (within the meaning of the Road Traffic Act 1961) in respect of the vehicle referred to in that subsection.

(4) If the database referred to in subsection (2) is maintained for the time being by another person on behalf of the Department of the Environment, Heritage and Local Government the reference in that subsection to that Department of State shall, for so long as the database is maintained by that other person, be construed as a reference to that person.

27. Section 26: supplemental provisions.

27.—(1) If a person fails or refuses to comply with a request made by the assessors under section 26 the assessors may apply to the District Court for an order under subsection (2).

(2) On the hearing of an application under this section, the District Court may, if it thinks fit, make an order directing the person concerned to comply with the relevant request.

(3) A person who fails or refuses to comply with an order made under subsection (2) is guilty of an offence.

(4) The jurisdiction of the District Court under this section shall be exercised by the judge of the District Court for the time being assigned to the district court district in which the person against whom the order concerned is sought resides or carries on business.

28. Limited power to require certain other information.

28.—(1) A claimant, by virtue of his or her having made an application under section 11, shall be deemed to have consented to the Revenue Commissioners complying with the following request.

(2) That request is a request by the assessors (which by virtue of this section they have power to make) of the Revenue Commissioners to furnish to the assessors particulars or other information in their possession or control in relation to the amount of income of the claimant for the purpose, and the purpose only of, the assessors' verifying any item of financial loss that is alleged by the claimant in his or her relevant claim and which relates to that income.

(3) Notwithstanding any enactment, it shall be the duty of the Revenue Commissioners to comply with such a request unless the consent referred to in subsection (1) is deemed to have been revoked by virtue of subsection (4).

(4) That consent shall be deemed to have been revoked if, at the date of the making of the request of the Revenue Commissioners, the application under section 11 of the claimant concerned stands withdrawn by him or her in accordance with section 47.

(5) The particulars or other information that may be the subject of a request under this section include particulars or other information that came into existence, or into the possession of the Revenue Commissioners, before the passing of this Act.

29. Special provision in relation to vulnerable parties.

29.—(1) If the Board considers it to be a reasonable inference from the manner in which a claimant or a respondent has completed, or is completing or attempting to complete, a step required to be taken by him or her by or under this Act that he or she does not have a sufficient appreciation of the legal consequences the taking of that step, or the following of the procedures generally under this Act, may have in respect of his or her rights or obligations as regards the relevant claim, it shall be the duty of the Board to do one, or more than one, as it considers appropriate, of the following things.

(2) Those things are—

(a) to advise the claimant or respondent, as appropriate, of the desirability of his or her obtaining legal advice in the matter,

(b) to provide an explanation to the claimant or the respondent of the legal consequences generally a failure to complete properly the step concerned or to follow properly the procedures generally under this Act may have in respect of a claimant's or respondent's rights or obligations as regards a relevant claim,

(c) to provide such assistance as the Board considers reasonable to the claimant or the respondent, as appropriate, in completing the step concerned properly or, as the case may be, re-taking that step in a proper manner.

(3) The respondent or respondents or, as appropriate, the claimant shall be informed by the Board, as soon as may be after the doing of that or those things, of the fact that one or more of the things referred to in subsection (2) (but not the doing alone of the thing referred to in paragraph (a) of that subsection) has been done.

(4) The Board shall ensure that the doing of the thing referred to in paragraph (b) or (c) of subsection (2) is accompanied by a statement to the claimant or the respondent, as appropriate, that the doing of that thing does not absolve the Board of the duty to cause an assessment of the relevant claim concerned to be made impartially.

(5) For the avoidance of doubt no statement contained in any medical report or other document furnished to the assessors in respect of the relevant claim concerned, of itself, gives rise to any duty on the part of the Board to do one or more of the things specified in subsection (2).

30. Parties to indicate whether or not they accept assessment.

30.—(1) Having made their assessment of a relevant claim the assessors shall reduce the assessment to writing and the Board shall serve the assessment on the claimant and the respondent or each of the respondents, together with the following notice.

(2) That notice is a notice requesting—

(a) in the case of a notice served on the claimant, the claimant to state to the Board in writing within 28 days, or such greater period as may be specified by rules under section 46, from the service of the notice whether he or she accepts the assessment, and

(b) in the case of a notice served on a respondent, the respondent to state to the Board in writing within 21 days from the service of the notice whether he or she accepts the assessment.

(3) If—

(a) a next friend or, as appropriate, a guardian of the claimant or the respondent, (or, as the case may be, any one or more of 2 or more respondents) who is a minor or a person of unsound mind is acting on behalf of the claimant or that respondent or those respondents in the F39[matter,]

F40[(aa) a person referred to in section 8(4) of the Act of 2022 is acting on behalf of a person in the matter, or]

(b) a committee of the claimant or the respondent (or, as the case may be, any one or more of 2 or more respondents) who is a person of unsound mind is acting on behalf of the claimant or that respondent or those respondents in the matter,

the notice referred to in subsection (1) shall also include a direction to the next friend, F41[guardian, person referred to in section 8(4) of the Act of 2022 or] committee that he or she or it obtain legal advice from a person who is independent of him or her or it as to whether the assessment ought to be accepted.

(4) The reference in subsection (2)(a) to a statement as to the acceptance of the assessment is, if the claim concerned falls within subsection (3) F42[or is one relating to a proposed action for damages under section 48 of the Act of 1961], a reference to a statement as to the acceptance (subject to the approval of the court under section 35 of the assessment) of the assessment.

31. Deemed acceptance or non-acceptance of assessment.

31.—(1) If the claimant fails to state in writing, in response to the notice under section 30, within the period specified in it, whether or not he or she accepts the assessment he or she shall be deemed not to have accepted it.

(2) If a respondent fails to state in writing, in response to the notice under section 30, within the period specified in it, whether or not he or she accepts the assessment, he or she shall be deemed to have accepted it.

32. Proceedings to be authorised if assessment not accepted.

32.—(1) In a case either—

(a) to which section 31(1) applies, or

(b) in which the claimant or a respondent states in writing, in response to the notice under section 30, within the period specified in it, that he or she does not accept the assessment,

it shall be the duty of the Board, as soon as may be after the expiry of that period, to issue to the claimant a document that contains the statement and operates to have the effect mentioned in subsection (3).

(2) Such a document is also referred to in this Act as an “authorisation”.

(3) An authorisation under this section shall state that the claimant is authorised to, and operate to authorise the claimant to, bring proceedings in respect of his or her relevant claim and such an authorisation shall be in addition to any authorisation issued under section 14 to the claimant.

33. Assessment binding on parties unless section 32 applies.

33.—(1) Unless one or other of the cases mentioned in section 32(1) applies in respect of the assessment concerned, the assessment shall, subject to subsection (3) and section 35, become binding on—

(a) the claimant, and

(b) the respondent or, as the case may be and subject to section 34, each of the respondents,

on the expiry of the following period.

(2) That period is the period specified in the notice mentioned in section 30(2)(a) that was served on the claimant.

(3) The assessment shall not be binding on a person who proves that, at the time of his or her acceptance, or deemed acceptance, in accordance with this Part, of the assessment he or she was not of sound mind.

(4) Subsection (3) does not apply if—

(a) in the case of a claimant, a next friend or a committee of the claimant is acting on his or her behalf, and

(b) in the case of a respondent, a guardian or a committee of the respondent is acting on his or her behalf.

34. Position of respondent or respondents who do not accept assessment.

34.—If there are 2 or more respondents as respects a relevant claim and one or more but not all of them makes a statement of the kind referred to in section 32(1)(b) the following provisions have effect—

(a) the assessment made under section 20, though accepted by the other respondent or respondents, shall not be binding on the respondent or respondents who made such a statement (the “non-accepting respondent or respondents”),

(b) section 32 shall have effect as if the following subsections were substituted for subsection (3):

“(3) An authorisation under this section shall state that the claimant is authorised to, and operate to authorise the claimant to, bring proceedings in respect of his or her relevant claim against only the non-accepting respondent or respondents (within the meaning of section 34) and such an authorisation shall be in addition to any authorisation issued under section 14 to the claimant (but this subsection is subject to the following subsection).

(4) Subsection (3) does not prejudice the operation of section 41 (which relates to the application of section 16 of the Act of 1961 (satisfaction by one wrongdoer discharging the other wrongdoer or wrongdoers)) and, accordingly, the proceedings authorised by that subsection to be brought—

(a) shall cease to be maintainable if the amount or amounts specified in an order to pay issued by the Board in respect of the relevant claim are paid to the claimant, or

(b) if only a portion of the amount or amounts specified in such an order to pay is paid to the claimant, shall be maintainable in respect of only the balance outstanding.”.

35. Approval of court required for certain assessments.

35.—(1) This section applies to a relevant claim where—

(a) a next friend or the committee of a minor or a person of unsound mind is acting on behalf of the minor or person in respect of the F43[claim,]

F44[(aa) a person referred to in section 8(4) of the Act of 2022 is acting on behalf of a person in relation to a claim,

(ab) the claim relates to a civil action referred to insection 3(aa)that is being taken by or for the benefit of persons to whom section 8(2)(b) of the Act of 2022 applies, or]

(b) the claim relates to a proposed action for damages under section 48 of the Act of 1961,

F45[and the next friend, committee, person referred to inparagraph (aa), person taking the civil action referred to inparagraph (ab), or the person proposing to bring the action for damages referred to inparagraph (b), as the case may be] accepts, subject to the assessment being approved under this section, the assessment made under section 20 of the relevant claim.

(2) Where any enactment or rule of court requires any settlement of a relevant claim to which this section applies to be approved by the court then that enactment or rule of court shall apply, with the necessary modifications, to the assessment referred to in subsection (1) as if proceedings had been brought in relation to the claim, and the court shall have jurisdiction to approve the assessment accordingly on application in that behalf being made by the next friend, committee or other person referred to in that subsection.

(3) The court shall order that the costs of such an application by the applicant shall be borne by the respondent or respondents.

(4) Unless and until an assessment of a relevant claim to which this section applies has been approved by the court, the assessment, despite section 33, shall not become binding on the claimant and the respondent or respondents.

(5) In this section “court” means the court which has jurisdiction to make an award of damages of the amount of the assessment the subject of the application for approval or, if 2 or more courts have jurisdiction to make such an award, whichever of them possesses the lesser or the least jurisdiction to make an award of damages in respect of relevant claims.

36. Authorisation to bring proceedings where assessment not approved.

36.—(1) If the court does not approve an assessment the subject of an application to it under section 35, then it shall be the duty of the Board, as soon as may be after the court refuses to approve the assessment, to issue to the claimant concerned a document that contains the statement and operates to have the effect mentioned in subsection (3).

(2) Such a document is also referred to in this Act as an “authorisation”.

(3) An authorisation under this section shall state that the claimant is authorised to, and operate to authorise the claimant to, bring proceedings in respect of his or her relevant claim against the respondent or respondents who accepted, or, in accordance with this Part, is or are deemed to have accepted, the assessment concerned and such an authorisation shall be in addition to any authorisation issued under another provision of the Act to the claimant.

37. Certain statements, etc., not to prejudice claimant or respondent.

37.—(1) In neither of the cases referred to in subsection (2) shall the statement concerned of the claimant or, as the case may be, the respondent (or, as appropriate the deemed acceptance by the respondent) be capable of being used in evidence against the claimant or the respondent (or, in the case of the respondent, constitute an admission of liability by him or her) or operate in any manner to prejudice any proceedings.

(2) The cases referred to in subsection (1) are—

(a) a case in which a statement in writing, in response to a notice under section 30, is made by a claimant that he or she accepts an assessment in circumstances where a statement in writing, in response to such a notice, is made by a respondent that he or she does not accept that assessment, and

(b) a case in which either—

(i) a statement in writing, in response to a notice under section 30, is made by a respondent that he or she does accept an assessment, or

(ii) a respondent is deemed, by virtue of section 31, to have accepted an assessment,

in circumstances where a statement in writing, in response to such a notice, is made by a claimant that he or she does not accept that assessment.

38. Enforceability of assessment.

38.—(1) Within one month after F46[an assessment or an agreement undersection 18C(1)(b)] becomes binding on the claimant and the respondent or, as the case may be, each of the respondents the Board shall issue to the respondent or each of the respondents a document (in this Act referred to as an “order to pay”).

F47[(2) An order to pay shall state that the respondent to whom it is issued is liable to pay—

F48[(a) to the Minister for Social Protection, the amount of recoverable benefits specified in the relevant statement of recoverable benefits, if any, in accordance with the provisions of Part 11B (amended bysection 12of the Social Welfare (Miscellaneous Provisions) Act 2015) ofF49[the Social Welfare Consolidation Act 2005,]]

(b) to the claimant—

(i) the amount of damages specified in the assessment less the amount referred to inparagraph (a), and

(ii) the amount, if any, directed to be paid under section 44 or 45 or both ofF49[those sections, and]]

F50[(c) to the Board, the amount of any outstanding charges payable to the Board by the respondent in accordance with regulations undersection 22.]

(3) If the assessment is binding on more than one respondent, the liability of the respondents for payment of that amount or those amounts shall be joint and several and an order to pay shall include a statement to that effect.

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39. What this Chapter specifies.

39.—This Chapter specifies the effect an order to pay or, as appropriate, an assessment has for various purposes (including the purposes of certain provisions of the Act of 1961); a different effect is specified by reference to the different circumstances in which an order to pay or an assessment falls to be considered and, in particular, circumstances—

(a) in which there is a default in payment of the amount or amounts specified in an order to pay, and

(b) in which a respondent who has paid the amount or amounts specified in an order to pay seeks to make a claim for contribution against one or more concurrent wrongdoers in respect of the relevant claim concerned.

40. Primary legal effect of order to pay.

40.—(1) As between—

(a) the claimant and the respondent or respondents, and

(b) 2 or more respondents,

an order to pay shall, without prejudice to the other provisions of this Chapter, operate as if it were a judgment of a court given for the amount or amounts concerned.

(2) Accordingly the provisions of every enactment (and in particular section 26 of the Debtors (Ireland) Act 1840 but not section 22 of the Courts Act 1981) and every instrument under an enactment shall, with any adaptations of them that may be made under subsection (3), apply to an order to pay as they apply to a judgment of a court.

(3) The authority for the time being having power to make rules regulating the practice and procedure of any court (being a court which would have jurisdiction to make an award of the amount or amounts specified in the order to pay concerned) may make rules providing for such adaptations of any enactment or instrument referred to in subsection (2) as are necessary for the purpose of enabling each of the methods that are available for the enforcement of a judgment of that court available for the purpose of the enforcement of an order to pay.

41. Order to pay to operate as satisfaction of claimant's claim.

41.—(1) If the amount or amounts specified in an order to pay are paid to the claimant such payment shall constitute a satisfaction of the claimant's relevant claim for the purposes of section 16 of the Act of 1961 as if the claimant had agreed that that payment would be a payment of the full damages to him or her in respect of the claim.

(2) If only a portion of the amount or amounts specified in an order to pay are paid to the claimant such payment shall constitute a partial satisfaction of the claimant's relevant claim for the purposes of section 16 of the Act of 1961.

42. Application of section 22 of Act of 1961 (claims for contributions between concurrent wrongdoers).

42.—(1) As between—

(a) one or more respondents and either or both—

(i) one or more non-participating respondents,

(ii) one or more non-accepting respondents,

(b) one or more non-participating respondents or non-accepting respondents and either or both—

(i) one or more other non-participating respondents,

(ii) one or more other non-accepting respondents,

and

(c) any one or more of the foregoing persons and one or more other persons (not falling within either of the preceding paragraphs) who are concurrent wrongdoers as respects the relevant claim,

an order to pay shall, for the purposes of section 22 of the Act of 1961, be regarded as a settlement by the first-mentioned respondent or respondents in paragraph (a) with the claimant of his or her relevant claim.

(2) In this section and the following section—

“non-accepting respondent” has the same meaning as it has in section 34;

“non-participating respondent” has the same meaning as it has in section 15.

43. Application of section 18 of Act of 1961.

43.—For the purposes of the application of section 18 of the Act of 1961 in circumstances where a claimant is not barred from bringing proceedings against a non-participating or non-accepting respondent or respondents, an assessment of the claimant's relevant claim or, if an order to pay in respect of it has been issued, that order to pay, shall be deemed to be an award of damages, of the amount or amounts specified in the assessment or the order to pay, made by the judgment first given (within the meaning of that section).

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44. Expenses incurred by claimant.

44.—(1) Without prejudice to section 45, on an assessment having been made the Board may include in the notice it serves under section 30 in relation to the assessment the following statement.

(2) That statement (“the statement”) is one to the effect that the Board will direct, if the assessment is accepted by the claimant and accepted or deemed to be accepted by the respondent or one or more of the respondents, that the respondent or respondents who accept or are deemed to have accepted the assessment shall pay to the claimant, in addition to the amount of the assessment, a specified amount, being the whole or part, as the Board, in its discretion, determines, of the amount of the following fees or expenses of the claimant.

(3) Those fees or expenses are fees or expenses that, in the opinion of the Board, have been reasonably and necessarily incurred by the claimant in complying with the provisions of this Part or any rules under section 46 in relation to his or her relevant claim.

(4) If the assessment is accepted or deemed to be accepted, in accordance with this Part, by the claimant and the respondent or one or more of the respondents the Board shall direct that that respondent or those respondents shall pay to the claimant the amount specified in the statement.

(5) The statement shall indicate, in brief terms, the nature of the fees or expenses to which the amount specified in the statement relates; not later than 10 days before the expiry of the period mentioned in section 30(2)(b) a respondent may request the Board to furnish to him or her such further details as he or she may reasonably specify in relation to the nature of those fees or expenses and the manner in which the foregoing amount was calculated by the Board and the Board shall comply with such a request.

(6) In this section “fees or expenses” do not include fees or expenses to which section 45 applies.

45. Fees or expenses where direction referred to in section 30(3) given.

45.—(1) If a direction to the F51[next friend, guardian, or committee of the claimant, or person referred to in section 8(4) of the Act of 2022] of the kind referred to in subsection (3) of section 30 is included in a notice under that section that direction shall include the following statement.

(2) That statement is one to the effect that the Board will direct, if the assessment concerned is accepted by the claimant and accepted or deemed to be accepted by the respondent or one or more of the respondents, that the respondent or respondents who accept or are deemed to have accepted the assessment shall pay to the claimant, in addition to the amount of the assessment and any amount directed to be paid under section 44, the whole of the fees or expenses reasonably incurred by the F51[next friend, guardian, person referred to in section 8(4) of the Act of 2022 or committee in] complying with the direction referred to in subsection (1).

(3) If the assessment is accepted or deemed to be accepted, in accordance with this Part, by the claimant and the respondent or one or more of the respondents the Board shall direct that that respondent or those respondents shall pay to the claimant the whole of the fees or expenses referred to in subsection (2).

(4) If a direction under subsection (3) is given, and the respondent or respondents concerned and the F51[next friend, guardian, or committee of the claimant, or person referred to in section 8(4) of the Act of 2022] cannot agree as to what is the amount, for the purposes of this section, of the fees or expenses reasonably incurred by the F51[next friend, guardian, person referred to in section 8(4) of the Act of 2022 or committee in] complying with the direction referred to in subsection (1), those fees and expenses shall be taxed by a Taxing Master of the High Court or, if the Board determines it would be more appropriate, having regard to the limited amounts involved, for a county registrar to do so and so directs, the county registrar for the circuit of the Circuit Court in which the respondent or any of the respondents concerned resides or carries on business.

(5) A reference in this Act to an amount specified in an order to pay shall, in so far as the reference relates to an amount the subject of a direction under subsection (3), be deemed to be a reference to the amount, as agreed between the parties concerned or taxed under subsection (4), in respect of the fees or expenses the subject of that direction.

46. Rules.

46.—(1) Subject to the provisions of F52[this Part (including this Part as applied by section 19 of the Act of 2022)], the Board may make rules concerning the procedure to be followed under this Part in relation to—

(a) the making of applications under section 11,

(b) the making of assessments under section 20, and

(c) matters consequential on, or incidental to the foregoing.

(2) Rules under this section shall enable the Board to supply a copy of any records or other documents furnished by a claimant or a respondent to it, pursuant to F52[this Act (including this Act as applied by section 19 of the Act of 2022)] or the exercise by it or any member of its staff of powers under F52[this Act (including this Act as applied by section 19 of the Act of 2022)], to a respondent or, as the case may be, a claimant in relation to the relevant claim concerned.

(3) F52[Except in relation to a civil action to whichsection 3(aa)refers, rules under] this section shall enable the Board (subject to rules under subsection (4)) to issue to a claimant a document (in this Act also referred to as an “authorisation”), in circumstances where the claimant is not otherwise authorised under a provision of this Act to bring proceedings in respect of his or her relevant claim, in either or both of the following cases, namely—

(a) section 18(3) or (6) applies in respect of one or more of the respondents to the relevant claim and the claimant wishes to bring proceedings in respect of that claim against that respondent or those respondents (acting, unless he, she or they are no longer of unsound mind, by a guardian or a committee),

(b) the claimant wishes to bring proceedings in respect of his or her relevant claim against one or more persons whom he or she omitted, through a genuine oversight or ignorance of all of the facts relating to the matter, to specify in his or her application under section 11 as being a person or persons liable to him or her in respect of that claim.