Personal Injuries Assessment Board Act 2003

(4) Rules under this section shall enable the Board to defer making a decision as to whether to issue an authorisation referred to in subsection (3) unless and until the relevant claim concerned has been the subject of an assessment or, as appropriate, a fresh assessment under this Act (which rules under this section may include a requirement for (but subject to those rules permitting the Board to waive that requirement where, due to lapse of time or other circumstances, compliance with that requirement would unduly interfere with the claimant's right to bring proceedings)).

(5) An authorisation referred to in subsection (3) 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 person or persons concerned and such an authorisation shall be in addition to any authorisation issued under another provision of this Act to the claimant.

47. Withdrawal of application under section 11.

47.—(1) A claimant may, in accordance with rules under section 46, withdraw an application made by him or her under section 11 at any time before an assessment is made in respect of the relevant claim concerned and, where a claimant does so, the Board shall cause no step or no further step under this Part in relation to the claim to be taken.

(2) If such an application is so withdrawn the claimant may not, in relation to the relevant claim concerned, either—

(a) make a fresh application under section 11, or

(b) bring proceedings.

(3) Where a claimant indicates that he or she wishes to withdraw an application made by him or her, the Board shall, by notice served on him or her, notify the claimant of the desirability of obtaining legal advice before withdrawing the application and the application shall not be regarded as withdrawn unless and until, 14 or more days having elapsed from the service of that notice, a withdrawal by the claimant, in the form specified by rules under section 46, of the application is received by the Board.

48. Assessment of relevant claims where proceedings concerned brought before commencement of section 6.

48.—(1) Rules under section 46 may enable the Board to cause an assessment of a relevant claim referred to in subsection (2) to be made under section 20 on the joint application of the parties to the proceedings concerned and provide, with any necessary modifications, for the application of such provisions of this Act as, in the opinion of the Board, are necessary and expedient in relation to the making of such an assessment and the assessment so made.

(2) The relevant claim mentioned in subsection (1) is one the subject of proceedings brought before the commencement of section 6.

49. Assessments to be made expeditiously.

49.—(1) It shall be the duty of the Board to ensure that assessments in respect of relevant claims are made as expeditiously as may be and, for that purpose, to take all such steps as are open to it to ensure that, in so far as is practicable, there are no avoidable delays at any stage in the making of assessments.

(2) In particular, and without prejudice to the generality of subsection (1), it shall, subject to subsection (4), be the duty of the Board to ensure that every assessment is made within a period of 9 months beginning on (without prejudice to subsection (3))—

(a) if there is only one respondent as respects the relevant claim concerned, the date on which it receives the respondent's consent to an assessment being made under section 20 in relation to that claim,

(b) if there are 2 or more respondents as respects the relevant claim concerned—

(i) where only one of them consents to such an assessment being made in relation to that claim (irrespective of whether there is a failure of the kind mentioned in subsection (3) on the part of the other or others), the date on which it receives that consent,

(ii) where 2 or more of the respondents consent to such an assessment being made in relation to that claim (irrespective of whether there is a failure of the foregoing kind on the part of the other or others), the date it receives those consents or, if the dates on which it receives those consents are not the same, the earlier or earliest of the dates on which it receives one of those consents.

(3) If a failure of the kind referred to in F53[section 14(1)(c)(ii)] occurs on the part of the respondent or, if there are 2 or more respondents as respects the relevant claim concerned, on the part of each of them the period of 9 months referred to in subsection (2) begins on the expiry of the period specified in the notice served under F54[section 13(1)(b)] on the respondent or, as the case may be, each of the respondents.

(4) Where it appears to the Board that it would not be possible or appropriate, because of the particular circumstances of the relevant claim concerned, to make an assessment in respect of it within the period referred to in subsection (2), the Board shall, by notice in writing served on the claimant and the respondent or respondents before the expiration of that period, inform each of them of the reasons why it would not be possible or appropriate (as the case may be) to make the assessment within that period and shall specify the date before which the Board intends that the assessment shall be made; the date so specified shall not be a date that falls more than 6 months after the end of the period referred to in subsection (2).

(5) Where a notice has been served under subsection (4), the Board shall take all such steps as are open to it to ensure that the assessment is made before the date specified in the notice.

(6) If the assessment is not made before that date, then unless the claimant consents in writing to the Board's continuing to deal with the matter, it shall be the duty of the Board, as soon as may be after that date, to issue to the claimant a document that contains the statement and operates to have the effect mentioned in subsection (8).

F55[(6A) Where a claimant who has consented undersubsection (6), subsequently gives notice in writing to the Board of the withdrawal of his or her consent, it shall be the duty of the Board, as soon as may be after the date of the notice, to issue to the claimant a document that contains the statement and operates to have the effect mentioned insubsection (8).]

F56[(7) A document referred to insubsection (6)or(6A)is also referred to in this Act as an“authorisation”.]

(8) 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.

49A. F57[Assessment of relevant claims where long term prognosis is awaited

49A.(1) Without prejudice tosection 49, and subject tosubsection (5), where it appears to the Board having regard to—

(a) a report referred to insection 11(3)(c), or

(b) a medical examination undersection 24(2),

that a long term prognosis in respect of the personal injury or injuries to which the relevant claim relates is unlikely to be available within the period referred to insection 49(2), the Board shall, by notice in writing served on the claimant and the respondent or respondents before the expiration of that period, inform each of them that it will not be possible or appropriate to make an assessment within that period.

(2) A notice undersubsection (1)shall specify the period, which shall be determined by the Board, within which another medical examination (in this section referred to as a“further medical examination”) undersection 24(2)shall be undertaken.

(3) Where a further medical examination has been completed and a long term prognosis has not been determined, the Board shall serve a notice in writing on the claimant and the respondent or each of the respondents stating that the long term prognosis has not been determined and requesting each of them to confirm in writing whether or not they consent to the Board continuing to deal with the matter.

(4) Where the claimant or any of the respondents has not consented to the Board continuing to deal with the matter undersubsection (3), it shall be the duty of the Board to issue to the claimant a document that contains the statement and operates to have the effect mentioned insubsection (9).

(5) Where the period determined by the Board undersubsection (2)is such that the Board determines that it would not be possible or appropriate to make the assessment within 2 years of the expiration of the period referred to insection 49(2), the Board shall by notice in writing served on the claimant and the respondent or respondents—

(a) inform each of them that it would not be possible or appropriate (as the case may be) to make an assessment within that period, and

(b) request each of them to confirm in writing whether or not they consent to the Board continuing to deal with the matter.

(6) Where the claimant or any of the respondents has not consented to the Board continuing to deal with the matter undersubsection (5), it shall be the duty of the Board to issue to the claimant a document that contains the statement and operates to have the effect mentioned insubsection (9).

(7) Where a claimant or any of the respondents who has consented to the Board continuing to deal with the matter, subsequently gives notice in writing to the Board of the withdrawal of his or her consent, it shall be the duty of the Board, as soon as may be after the date of the notice, to issue to the claimant a document that contains the statement and operates to have the effect mentioned insubsection (9).

(8) A document referred to insubsection (4),(6)or(7)is also referred to in this Act as an“authorisation”.

(9) 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.]

50. F58[Reckoning of time for purpose of Statute of Limitations, etc.

F59[50.In reckoning any period of time for the purpose of any applicable limitation period in relation to a relevant claim (including any limitation period under the Statute of Limitations, 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)—

(a) the period beginning on the making of an application undersection 11in relation to the claim and ending 6 months from the date of issue of an authorisation under, as appropriate,section 14,17,32,F60[36,49or49A]shall be disregarded insofar as it relates to one or more respondents named at the time of the application made undersection 11, or

(b) the period beginning on the addition of a further respondent or respondents in relation to the claim and ending 6 months from the date of issue of an authorisation under, as appropriate,section 14,17,32,F60[36,49or49A]or rules undersection 46(3)(b)shall be disregarded insofar as it relates to such further respondent or respondents.]]

51. Non-admissibility of assessment in evidence.

51.—(1) An assessment made in respect of a relevant claim shall not be admissible in evidence in any proceedings between the claimant and the respondent or respondents in relation to the claim or be referred to in any originating document, pleadings, notice or affidavit relating to those proceedings.

(2) Subsection (1) does not apply if the proceedings concerned are in connection with the enforcement of an assessment that has been accepted or deemed to be accepted in accordance with this Part by the claimant and the respondent or one or more of the respondents.

51A. F61[Costs in proceedings where assessment not accepted by claimant.

51A.—(1) This section applies to a relevant claim if the following 2 conditions are satisfied in respect of that claim.

(2) Those conditions are that—

(a) the claimant either—

(i) has made a statement in writing, in response to a notice undersection 30, that he or she does not accept an assessment of the relevant claim, or

(ii) is deemed, by virtue of section 31, not to have accepted that assessment,

and

(b) a respondent either—

(i) has made a statement in writing, in response to a notice undersection 30, that he or she does accept the foregoing assessment, or

(ii) is deemed, by virtue ofsection 31, to have accepted the foregoing assessment.

F62[(3) Subject tosubsections (6)and(7)and notwithstanding section 169 of the Legal Services Regulation Act 2015, if, as respects a relevant claim to which this section applies, a claimant brings proceedings in accordance with this Act, no award of costs nor any other order providing for payment of costs may be made in favour of the claimant where the amount of damages (if any) awarded on foot of, or accepted in settlement of, those proceedings does not exceed the amount of the assessment referred to insubsection (2).]

F63[(3A) (a) Subject tosubsections (6)and(7), if, as respects a relevant claim to which this section applies, a claimant brings proceedings in accordance with this Act a respondent, as the defendant in the relevant proceedings, shall be deemed to have made an offer of tender of payment pursuant to rules of court on the relevant date equal to the amount of the assessment in relation to the relevant claim concerned.

(b) Where the court finds that the defendant was not in a position to pay a sum equal to the amount of the assessment on the relevant date the court may, by special cause shown and mentioned in the order, direct thatparagraph (a)shall not apply.

(c) In this subsection—

“relevant date”means the date on which—

(i) the respondent made a statement in writing, in response to a notice undersection 30, that he or she accepted the assessment, or

(ii) the respondent was deemed, by virtue ofsection 31, to have accepted the assessment.]

(4)F64[Insubsections (3)and(3A)]"proceedings" means proceedings against—

(a) one or more persons who consented, in accordance with this Part, to the making of an assessment of the relevant claim or on whose part a failure of the kind referred to inF64[section 14(1)(c)(ii)]occurred in relation to the relevant claim (or both), or

(b) both—

(i) one or more persons referred to inparagraph (a), and

(ii) one or more non-participating respondents (within the meaning ofsection 15),

whether or not the proceedings are also against one or more non-accepting respondents (within the meaning ofsection 34).

(5)F64[Subsections (3)and(3A)apply]notwithstandingsections 37and51.

(6)F64[Subsections (3)and(3A)do not apply]if, in the proceedings referred to in that subsection—

(a) a formal offer (within the meaning ofsection 17of theCivil Liability and Courts Act 2004) is made by a defendant and the amount of the offer is not equal to the amount of the assessment referred to insubsection (2), or

(b) a payment into court of a sum of money in satisfaction of the cause of action or an offer of tender of payment, pursuant to rules of court, is made.

(7)F64[Subsections (3)and(3A)do not operate]—

(a) to prohibit an award of costs or the making of any other order providing for payment of costs, in the circumstances mentioned in that subsection, in favour of a claimant against a non-accepting respondent or respondents (within the meaning ofsection 34), or

(b) to confer on a court a power, in the circumstances mentioned in that subsection, to order a claimant to pay all or a portion of the costs of a non-accepting respondent or respondents (within the meaning ofsection 34).]

51B. F65[Costs in connection with application under section 11 not taxable.

51B.—(1) This section applies irrespective of whether an assessment of the relevant claim referred to in this section has been made or whether any assessment so made has been accepted, or is deemed to have been accepted, under this Part by any person.

(2) If a claimant brings proceedings in accordance with this Act in respect of his or her relevant claim then, in any taxation of costs in those proceedings, no amount shall be allowed in respect of any fees or expenses incurred by the claimant in connection with the application he or she made undersection 11in respect of the relevant claim or in complying with any provision of this Act in respect thereto, other than fees or expenses referred to insection 35,44or45.]

51C. F66[Costs in proceedings where claimant or respondent does not comply with request of assessors

51C.—(1) This section applies to a relevant claim where—

(a) the assessors have requested the claimant to furnish to them additional information or documents pursuant tosection 23(1)and the claimant has not complied with that request,

(b) the assessors have requested the respondent or respondents to furnish to them additional information or documents pursuant tosection 23(2)and the respondent or respondents has or have not complied with that request,

(c) the assessors have requested the claimant or the respondent or respondents to provide assistance to retained experts or furnish information or documents or co-operate with those experts pursuant tosection 23(4)and the claimant or the respondent or respondents, as appropriate, has or have not complied with that request, or

(d) the assessors have requested the claimant to submit himself or herself to a medical examination pursuant tosection 24(2)and the claimant has not submitted himself or herself to the medical examination.

(2) If as respects a relevant claim to which this section applies, a claimant brings proceedings in accordance with this Act, the court may, in its discretion, taking into account any failure to comply or submit in the manner specified insubsection (1)and all other relevant circumstances, order that—

(a) no award of costs nor any other order providing for payment of costs may be made—

(i) in favour of the claimant wheresubsection (1)(a)or(1)(d)applies,

(ii) in favour of the defendant or defendants wheresubsection (1)(b)applies, or

(iii) in favour of the claimant or the defendant or defendants, as appropriate, wheresubsection (1)(c)applies,

(b) the claimant pay all or a portion of the costs of the defendant or defendants wheresubsection (1)(a),(c)or(d)applies, or

(c) the defendant or defendants pay all or a portion of the costs of the claimant wheresubsection (1)(c)applies.

(3) This section applies notwithstandingsection 51.]

PART 3 Personal Injuries Assessment Board

Chapter 1

52. Establishment day.

52.—The Minister shall, by order, appoint a day to be the establishment day for the purposes of this Act.

53. Personal Injuries Assessment Board.

53.—(1) There shall stand established, on the establishment day, a body which shall be known as the Personal Injuries Assessment Board (in this Act referred to as the “Board”) to perform the functions conferred on it by this Act.

(2) The Board shall be a body corporate with perpetual succession and an official seal and shall have power to sue, and may be sued, in its corporate name, and shall, with the consent of the Minister and the Minister for Finance, have power to acquire, hold and dispose of land or an interest in land, and to acquire, hold and dispose of any other property.

(3) The Board shall, subject to the provisions of this Act, be independent in the performance of its functions.

(4) The seal of the Board shall be authenticated by—

(a) the signature of 2 members of the Board, or

(b) the signatures of both—

(i) a member of the Board, and

(ii) such member of the staff of the Board as is authorised by the Board to act in that behalf.

(5) Judicial notice shall be taken of the seal of the Board and any document purporting to be an instrument made by, and to be sealed with the seal of, the Board shall be received in evidence and be deemed to be such instrument without further proof, unless the contrary is shown.

54. Functions of Board.

54.—(1) The principal functions of the Board shall be—

(a) to arrange for the making, in accordance with F67[this Act (including this Act as applied by section 19 of the Act of 2022)], of assessments of relevant claims the subject of applications to it under section 11,

F68[(aa) to facilitate the resolution of relevant claims, within the meaning ofPart 2, by mediation in accordance withChapter 1Aof that Part,]

F69[(ab) to collect and publish on its website information in relation to personal injury claims, including information concerning personal injury awards provided for in the personal injuries guidelines (within the meaning of section 2 of the Judicial Council Act 2019 ),

(ac) to conduct, or commission the conduct of, research, studies and analysis on such matters relating to the functions of the Board as the Board considers appropriate,

(ad) to collect and compile information for the purposes referred to inparagraph (ac), in such form and manner as the Board considers appropriate, and to publish any findings following the research, studies and analysis referred to in that paragraph as the Board considers appropriate,

(ae) to promote public awareness of, and conduct public information campaigns in relation to, the work of the Board,]

(b) F70[…]

F71[(ba)F70[…]]

(c) to cause a cost-benefit analysis to be made of the legal procedures and the associated processes (including those provided for by this Act) that are currently employed in the State for the purpose of awarding compensation for personal injuries,

(c) to cause a cost-benefit analysis to be made of the legal procedures and the associated processes (including those provided for by F67[this Act (including this Act as applied by section 19 of the Act of 2022)]) that are currently employed in the State for the purpose of awarding compensation for personal injuries,

(d) to collect and analyse data in relation to amounts awarded on foot of, or agreed in settlement of, civil actions to which F67[this Act (including this Act as applied by section 19 of the Act of 2022)] applies, and

(2) The Board shall have all such powers as are necessary or expedient for, or incidental to, the performance of its functions under F67[this Act (including this Act as applied by section 19 of the Act of 2022)].

(3) The Board may perform any of its functions through or by any member of the staff of the Board duly authorised in that behalf by the Board.

54A. F72[Requiring certain persons to provide information.

54A.—(1) The Board may require any person (including a Minister of the Government or a body established by or under any enactment) to provide it with such records, documents or information as it may reasonably require for the purposes of the performance of its functions underF73[F74[paragraph (ab), (ac), (ad), (c), (d), or (e)]ofsection 54(1)].

(2) A person of whom a requirement is made undersubsection (1)shall comply with that requirement.]

F75[(3) A person who, without reasonable cause, contravenessubsection (2)is guilty of an offence.

(4) The court in which a conviction for an offence under this section is recorded or affirmed may order that the person convicted shall remedy the breach of this section in respect of which that person was convicted.]

55. Conferral of additional functions on Board.

55.—(1) The Minister may, with the consent of the Minister for Finance, confer on the Board, by order, such additional functions connected with the functions for the time being of the Board as he or she thinks fit, subject to such conditions (if any) as may be specified in the order.

(2) An order under this section may contain such incidental, supplemental and consequential provisions as may, in the opinion of the Minister, be necessary to give full effect to the order.

Chapter 2

56. Membership of Board.

56.—(1) The members of the Board (including the chairperson and the chief executive) shall be such number, not more than 11, as the Minister considers appropriate from time to time.

(2) Each member of the Board shall be a person who, in the Minister’s opinion, has experience in a field of expertise relevant to the Board's functions.

(3) The members of the Board shall be appointed by the Minister as soon as may be after the establishment day.

(4) Except as provided for by subsection (3), the members of the Board shall be appointed from time to time as occasion requires by the Minister.

F76[(5) Of the members of the Board—

(a) one shall be a person nominated for such appointment by Insurance Ireland (or any successor of it), and

(b) one shall be an employee of the Central Bank of Ireland nominated for such appointment by the Governor of the Central Bank of Ireland.]

F77[(6) The chief executive, and a person nominated for such appointment by the chairperson of the Competition and Consumer Protection Commission, shall each be a member of the Board.]

(7) The Minister shall, in so far as is practicable, ensure an equitable balance between the numbers of members of the Board who are women and the number of them who are men.

(8) The Minister when appointing a member shall fix such member’s period of membership which shall not exceed 5 years and, subject to this section, membership shall be on such terms as the Minister may determine.

(9) The members of the Board (including the chairperson and the vice-chairperson) may be paid such remuneration and allowances as the Minister, with the consent of the Minister for Finance, may determine.

57. Supplemental provisions as to membership of Board.

57.—(1) A member of the Board may at any time resign his or her membership by letter addressed to the Minister and the resignation shall take effect from the date specified in the letter or upon receipt of the letter by the Minister, whichever is the later.

(2) A member of the Board may, at any time, be removed from membership of the Board by the Minister if, in the Minister’s opinion, the member has become incapable through ill-health of performing his or her functions, or has committed stated misbehaviour, or his or her removal appears to the Minister to be necessary for the effective performance by the Board of its functions.

(3) A person shall cease to be, and shall be disqualified from being, a member of that Board where he or she—

(a) is adjudicated bankrupt,

(b) makes a composition or arrangement with creditors,

(c) is sentenced by a court of competent jurisdiction to a term of imprisonment, or

(d) is disqualified or restricted from being a director of any company.

(4) If a member of the Board dies, resigns, becomes disqualified or is removed from membership, the Minister may appoint a person to be a member of the Board and fill the casual vacancy so caused.

(5) A person appointed to be a member of the Board pursuant to subsection (4) shall, subject to subsections (1), (2) and (3), hold office for that period of the term of office of the member who occasioned the casual vacancy concerned that remains unexpired at the date of his or her appointment.

(6) F78[Subject tosubsection (7), a member of the Board] whose term of membership of the Board expires shall be eligible for re-appointment as a member of the Board.

F79[(7) A person who is re-appointed to the Board in accordance withsubsection (6)shall not hold office for periods the aggregate of which exceeds 10 years.

(8) Where a member of the Board is—

(a) nominated as a member of SeanadÉireann,

(b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament,

(c) regarded pursuant to Part XIII of the Second Schedule to theEuropean Parliament Elections Act 1997as having been elected to that Parliament, or

(d) elected or co-opted as a member of a local authority,

he or she shall thereupon cease to be a member of the Board.

(9) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a member of the European Parliament or of a local authority shall, while he or she is so entitled or is such a member, be disqualified for membership of the Board.]

58. Chairperson of Board.

58.—(1) The Minister shall appoint a person, from among the members of the Board, as chairperson of the Board.

(2) Where the chairperson of the Board ceases to be a member of the Board he or she shall also thereupon cease to be chairperson of the Board.

(3) The chairperson of the Board may at any time resign his or her office as chairperson of the Board while continuing to serve as a member of the Board and the resignation, unless previously withdrawn, shall take effect at the commencement of the meeting of the Board held after the Board has been informed by the Minister of the resignation.

(4) The chairperson of the Board shall, unless he or she sooner dies or otherwise ceases to be chairperson by virtue of subsection (2), hold office until the expiry of his or her period of membership of the Board and, if re-appointed as a member of the Board, shall be eligible for re-appointment as chairperson of the Board.

59. Vice-chairperson.

59.—(1) The Minister shall appoint one of the ordinary members of the Board to be vice-chairperson of the Board with the function of acting as chairperson in the absence of the chairperson, and when so acting shall have the same powers as the chairperson.

(2) Where the vice-chairperson of the Board ceases to be a member of the Board he or she shall also thereupon cease to be vice-chairperson of the Board.

(3) The vice-chairperson of the Board may at any time resign his or her office as vice-chairperson of the Board while continuing to serve as a member of the Board and the resignation, unless previously withdrawn, shall take effect at the commencement of the meeting of the Board held after the Board has been informed by the Minister of the resignation.

(4) The vice-chairperson of the Board shall, unless he or she sooner dies or otherwise ceases to be vice-chairperson by virtue of subsection (2), hold office until the expiry of his or her period of membership of the Board and, if re-appointed as a member of the Board, shall be eligible for re-appointment as vice-chairperson of the Board.

Chapter 3

60. Meetings of Board.

60.—(1) The Board shall hold such and so many meetings as may be necessary for the performance of its functions.

(2) The Minister shall fix the date, time and place of the first meeting of the Board and the Board shall fix the date, time and place of subsequent meetings.

(3) The quorum for a meeting of the Board shall be 6.

(4) At a meeting of the Board—

(a) the chairperson of the Board shall, if present, chair the meeting,

(b) if the chairperson is not present, or if the office of chairperson is vacant, the vice-chairperson shall, if present, chair the meeting,

(c) if neither the chairperson nor the vice-chairperson are present, the members of the Board present at the meeting shall choose one of their number to chair the meeting.

(5) At a meeting of the Board each person present, including the chairperson, shall have a vote and any question on which a vote is required so as to establish the Board's position on a matter shall be determined by a majority of the votes of the members present and voting on the question and, in the case of an equal division of the votes, the chairperson of the meeting shall have a second and casting vote.

(6) The Board may act notwithstanding one or more vacancies among its members (but this subsection is without prejudice to subsection (3)).

(7) Subject to the provisions of this Act, the Board may regulate its own procedures and business.

61. Committees of Board.

61.—(1) The Board may establish committees consisting in whole or in part of persons who are members of the Board—

(a) to assist and advise the Board on matters relating to any of its functions or on such matters as the Board may from time to time determine, or

(b) to perform such functions of the Board as may be delegated by it from time to time.

(2) The Board, when appointing a member of a committee, shall—

(a) have regard to the range of qualifications and experience necessary for the proper and effective discharge of the functions of the committee,

(b) have regard to the desirability of such balance between the numbers of each sex on the committee as is appropriate and determined from time to time,

(c) fix the member's period of membership,

(d) fix the terms of his or her membership.

(3) The members of a committee may be paid by the Board such fees as the Board may determine, subject to the consent of the Minister and the Minister for Finance.

62. Supplemental provisions as to committees of Board.

62.—(1) In this section “committee” means a committee established under section 61.

(2) A member of a committee may be removed by the Board at any time for stated reasons.

(3) The acts of a committee and the performance by a committee of functions delegated to it under section 61 shall be subject to confirmation by the Board, unless the Board otherwise determines.

(4) The Board may, subject to this Act, determine the terms of reference and regulate, by standing orders or otherwise, the procedures and business of a committee including the filling of casual vacancies but, subject to any such regulation, a committee may regulate its own procedures.

(5) A committee shall appoint, from time to time, a chairperson from among its members.

(6) The Board may at any time dissolve a committee.

(7) A committee shall provide the Board with such information as the Board may from time to time require, in respect of its activities and operation, for the purposes of the performance of the functions of the Board.

Chapter 4

63. Chief executive.

63.—(1) There shall be a chief executive officer of the Board (who shall be known as and is referred to in this Act as the “chief executive”).

(2) The chief executive shall carry on and manage, and control generally, the administration of the Board and perform such other functions (if any) as may be determined by the Board.

(3) Subject to subsections (5) and (6), the chief executive shall be appointed by the Board with the consent of the Minister.

(4) The chief executive may be removed from office by the Board for stated reasons.

(5) The Minister may, before the establishment day, designate a person to be appointed to be the first chief executive.

(6) If, immediately before the establishment day, a person stands designated by the Minister under subsection (5), the Board shall appoint that person to be the first chief executive.

(7) The chief executive shall hold office under a written contract of service (which contract may be renewed) for such period as is specified in the contract, upon and subject to such terms and conditions (including terms and conditions relating to superannuation) as are so specified, being terms and conditions which are determined by the Board with the consent of the Minister given with the concurrence of the Minister for Finance.

(8) The chief executive shall not hold any other office or employment or carry on any business without the consent of the Board.

(9) The chief executive shall furnish the Board with such information (including financial information) in relation to the performance of his or her executive functions as the Board may from time to time require.

(10) The Civil Service Commissioners Act 1956 shall not apply to the appointment of a person as the chief executive.

64. Supplemental provisions in relation to chief executive.

64.—(1) The chief executive shall perform his or her functions subject to such policies as may be determined from time to time by the Board and shall be answerable to the Board for the efficient and effective management of the Board and for the due performance of his or her functions.

(2) The chief executive may, with the consent of the Board, delegate any of his or her functions to a member of staff of the Board (other than functions that have been delegated to the chief executive subject to a condition that they are not to be sub-delegated), and the member of staff shall be accountable to the chief executive for the performance of the functions so delegated.

(3) Notwithstanding subsection (2), the chief executive shall at all times remain accountable to the Board for the performance of functions delegated by him or her.

(4) In the absence of the chief executive, or where that post is vacant, the Board may designate a member of its staff to perform functions of the chief executive.

65. Accountability of chief executive to Committee of Public Accounts.

65.—The chief executive shall, whenever required in writing to do so by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General (hereafter in this section referred to as the “Committee”), give evidence to that Committee on—

(a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General that the Board is required by this Act to prepare,

(b) the economy and efficiency of the Board in the use of its resources,

(c) the systems, procedures and practices employed by the Board for the purpose of evaluating the effectiveness of its operations, and

(d) any matter affecting the Board referred to in a special report of the Comptroller and Auditor General under section 11(2) of the Comptroller and Auditor General (Amendment) Act 1993, or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in paragraph (a), (b) or (c)) that is laid before Dáil Éireann.

66. Accountability of chief executive to other Oireachtas Committees.

66.—(1) In this section “Committee” means a Committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than the Committee referred to in section 65 or the Committee on Members' Interests of Dáil Éireann or the Committee on Members' Interests of Seanad Éireann) or a subcommittee of such a Committee.

(2) Subject to subsection (3), the chief executive shall, at the request in writing of a Committee, attend before it to give account for the general administration of the Board.

(3) The chief executive shall not be required to give account before a Committee for any matter which is or has been or may at a future time be the subject of proceedings before a court or tribunal in the State.

(4) Where the chief executive is of the opinion that a matter in respect of which he or she is requested to give an account before a Committee is a matter to which subsection (3) applies, he or she shall inform the Committee of that opinion and the reasons for the opinion and, unless the information is conveyed to the Committee at a time when the chief executive is before it, the information shall be so conveyed in writing.

(5) Where the chief executive has informed a Committee of his or her opinion in accordance with subsection (4) and the Committee does not withdraw the request referred to in subsection (2) in so far as it relates to a matter the subject of that opinion—

(a) the chief executive may, not later than 21 days after being informed by the Committee of its decision not to do so, apply to the High Court in a summary manner for determination of the question whether the matter is one to which subsection (3) applies, or

(b) the chairperson of the Committee may, on behalf of the Committee, make such an application,

and the High Court shall determine the matter.

(6) Pending the determination of an application under subsection (5), the chief executive shall not attend before the Committee to give account for the matter the subject of the application.

(7) If the High Court determines that the matter concerned is one to which subsection (3) applies, the Committee shall withdraw the request referred to in subsection (2), but if the High Court determines that subsection (3) does not apply, the chief executive shall attend before the Committee to give account for the matter.

Chapter 5

67. Staff of Board.

67.—(1) In addition to the chief executive, the Board may, from time to time, appoint such and such number of persons to be members of the staff of the Board as it may determine with the consent of the Minister and the Minister for Finance.

(2) The grades of the staff of the Board, the numbers of staff in each grade and the appropriate level of remuneration for each grade shall be determined by the Board with the consent of the Minister and the Minister for Finance.

(3) Subject to such conditions as it thinks fit, the Board may delegate to the chief executive any of the functions of the Board in relation to the employment of staff and the determination of selection procedures.

(4) The staff of the Board shall—

(a) be paid out of moneys available to the Board,

(b) perform such functions as determined from time to time by the chief executive, and

(c) hold office or employment for such period and upon and subject to such terms and conditions as may be determined from time to time by the chief executive, with the consent of the Minister and the Minister for Finance.

(5) Every member of the staff of the Minister designated by order made by the Minister for the purposes of this section shall, on being so designated, be transferred to and become a member of the staff of the Board.

(6) The Minister may make an order for the purposes of subsection (5) at any time but shall not do so without first having—

(a) notified in writing any recognised trade union or staff association concerned of the Minister's intention to do so, and

(b) considered, within such time as may be specified in the notification, any representations made by such trade unions or staff associations in relation to the matter.

(7) Except in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned, a person referred to in subsection (5) shall not, while in the service of the Board, receive a lesser scale of pay or be made subject to less beneficial terms and conditions of service than the scale of pay to which he or she was entitled and the terms and conditions of service to which he or she was subject immediately before his or her transfer into such service.

68. Superannuation.

68.—(1) As soon as practicable after the establishment day, the Board shall prepare and submit to the Minister a scheme or schemes for the granting of superannuation benefits to or in respect of such members of the staff of the Board as it may think fit.

(2) Every such scheme shall fix the time and conditions of retirement for all persons to or in respect of whom superannuation benefits are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.

(3) Every such scheme may be amended or revoked by a subsequent scheme prepared, submitted and approved under this section.

(4) A scheme submitted by the Board under this section shall, if approved by the Minister, with the consent of the Minister for Finance, be carried out by the Board in accordance with its terms.

(5) Superannuation benefits granted under schemes under this section to persons, who immediately before their being designated by an order under section 67, were members of the staff of the Minister, and the terms and conditions relating to those benefits, shall not be less favourable to those persons than those to which they were entitled immediately before such designation.

(6) No superannuation benefit shall be granted by the Board nor shall any other arrangements be entered into by the Board for the provision of such a benefit to or in respect of a member of the staff of the Board otherwise than in accordance with a scheme under this section or, if the Minister, with the consent of the Minister for Finance, sanctions the granting of such a benefit, in accordance with that sanction.

(7) If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefit payable in pursuance of a scheme or schemes under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance for his or her decision.

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

Chapter

69. Indemnification of certain persons.

69.—(1) Where the Board is satisfied that a person to whom this section applies has discharged the functions appropriate to that person in relation to the functions of the Board in good faith, it shall indemnify that person against all actions or claims however they arise in respect of the discharge by that person of those functions.

(2) This section applies to—

(a) a member of the Board,

(b) a member of a committee of the Board,

(c) F80[a member of staff of the Board,]

F81[(ca) a person appointed undersection 18D, and]

(d) a person whose services are provided to the Board under section 80.

70. Membership of either House of the Oireachtas, etc.

70.—(1) Where a member of the staff of the Board—

(a) accepts nomination as a member of Seanad Éireann,

(b) is elected to either House of the Oireachtas or to the European Parliament,

(c) is regarded, pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997, as having been elected to that Parliament, or

(d) becomes a member of a local authority,

he or she shall thereupon stand seconded from employment by the Board for the period specified in subsection (2).

(2) A person who stands seconded under subsection (1) shall not be paid by, or be entitled to receive from, the Board any remuneration in respect of the period commencing on such nomination or election or his or her membership of the local authority or the date on which he or she is so regarded as having been elected, as the case may be, and ending on the date on which he or she ceases to be a member of either such House or such Parliament or such local authority.

(3) Without prejudice to the generality of subsection (2), that subsection shall be construed as prohibiting, among other things, the reckoning of a period mentioned in that subsection as service with the Board for the purposes of any superannuation benefits.

(4) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a representative in the European Parliament or a member of a local authority shall, while he or she is so entitled or is such a representative or member, be disqualified from becoming a member of the staff of the Board.

71. Disclosure of interests.

71.—(1) Where a member of the Board, a member of a committee of the Board, a member of the staff of the Board or a consultant or adviser engaged under section 80 has a pecuniary interest or other beneficial interest in, or material to, any matter which falls to be considered by the Board or a committee, he or she shall comply with the following requirements:

(a) he or she shall disclose to the Board the fact of such interest and the nature of the interest in advance of any consideration of the matter;

(b) he or she shall neither influence nor seek to influence a decision in relation to the matter;

(c) he or she shall take no part in any consideration of the matter;

(d) if he or she is a member of the Board or a committee or both, or a member of the staff of the Board, he or she shall withdraw from any meeting concerned for so long as the matter is being discussed or considered and shall not vote or otherwise act as such Board or committee member or member of staff in relation to the matter.

(2) For the purposes of this section, but without prejudice to the generality of subsection (1), a person shall be regarded as having a beneficial interest in, or material to, a matter referred to in that subsection if—

(a) the person or any member of his or her household, or any nominee of him or her or of his or her household, is a member of a company or any other body which has a beneficial interest in, or material to, such a matter,

(b) the person or any member of his or her household is in partnership with or is in the employment of a person who has a beneficial interest in, or material to, such a matter,

(c) the person or any member of his or her household is a party to any arrangement or agreement (whether or not enforceable) concerning property to which such a matter relates, or

(d) any member of his or her household has a beneficial interest in, or material to, such a matter.

(3) A person shall not be regarded as having a beneficial interest in, or material to, any matter by reason only of an interest of the person or of any company or of any other body or person mentioned in subsection (2) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering, discussing or voting on any question with respect to the matter, or in performing any function in relation to that matter.

72. Section 71: supplemental provisions.

72.—(1) Where at a meeting or proceeding of the Board or a committee of the Board a question arises as to whether or not a course of conduct, if pursued by a person, would constitute a failure by the person to comply with the requirements of section 71, then, if the meeting or proceeding is of a committee, it shall be adjourned until the question has been referred to and determined by the Board, and if the meeting is of the Board, the question shall be determined by the Board, whose decision in all cases shall be final, and particulars of the determination shall be recorded in the minutes of the Board's meeting.

(2) Where a disclosure is made under section 71, the disclosure shall be recorded in the minutes of the meeting concerned and, for so long as the matter to which the disclosure relates is being considered or discussed by the meeting, the person by whom the disclosure is made, where he or she is a member of the Board, shall not be counted in the quorum for the meeting unless the Board otherwise determines.

(3) A person who contravenes section 71 is guilty of an offence.

(4) In any proceedings for an offence under subsection (3), it shall be a defence for the defendant to prove that at the time of the alleged offence he or she did not know and had no reason to believe that a matter in which, or in relation to which, he or she had a beneficial interest had fallen to be considered by him or her, by the Board or by a committee of the Board or that the beneficial interest to which the alleged offence relates was one in relation to which a requirement of section 71 applied.

(5) A member of the Board, or of a committee of the Board, if convicted of an offence under subsection (3) shall, on such conviction, cease to be and be disqualified from being such a member.

73. Disclosure of information.

73.—(1) Save as otherwise provided by law and subject to subsection (3), a person shall not, other than with the consent of the Board, disclose confidential information obtained by him or her while performing (or as a result of having performed) functions as—

(a) a member of the Board,

(b) a member of the staff of the Board,

(c) a member of a committee of the Board,

(d) an adviser or consultant to the Board engaged under section 80.

(2) A person who contravenes subsection (1) is guilty of an offence.

(3) Nothing in subsection (1) shall prohibit the disclosure of information by means of a report made to the Board or made by, or on behalf of, the Board to the Minister.

F82[(3A) Nothing insubsection (1)shall prevent the disclosure of information to any member of the Garda Síochána if that information, in the opinion of the Board, may relate to the commission of an offence.]

(4) In this section “confidential information” includes—

(a) information that is expressed by the Board or a committee of the Board, as the case may be, to be confidential either as regards particular information or as regards information of a particular class or description,

(b) proposals of a commercial nature or tenders submitted to the Board by contractors, consultants or any other person,

(c) information the disclosure of which would—

(i) identify a claimant F83[or, other than in relation to a civil action to whichsection 3(aa)refers, a respondent], or

(ii) make known the amount of an assessment that has been made in respect of a particular relevant claim,

(d) information obtained under section 28.

(5) A member of the Board or of a committee of the Board, if convicted of an offence under subsection (2) shall, on such conviction, cease to be and be disqualified from being such a member.

73A. F84[Board shall provide information requested by Minister]

F84[73A.(1) Subject tosubsection (2)andsection 73, the Board shall provide the Minister with such information as he or she may, from time to time, request in relation to the performance by the Board of its functions.

(2) The Board shall not be required to provide the Minister with information undersubsection (1)if the provision of the information would, in the opinion of the Board, be likely to prejudice the Board in the performance of any of its functions.]

Chapter 7

74. Grants to Board.

74.—The Minister may, in each financial year, after consultation with the Board in relation to its proposed work programme and projected expenditure for that year, make to the Board a grant of such amount, as may be sanctioned by the Minister for Finance, out of moneys provided by the Oireachtas for the purposes of expenditure by the Board in the performance of its functions.

74A. F85[Remittance by Board of moneys to Minister

74A.(1) The Minister, with the consent of the Minister for Public Expenditure and Reform, may from time to time authorise the Board to retain a specified sum of money for the purposes of expenditure by the Board in the performance of its functions.

(2) The sum specified for the purposes ofsubsection (1)shall be determined by the Minister having regard to the operational, capital and contingency costs of the Board.

(3) The Minister, with the consent of the Minister for Public Expenditure and Reform, may from time to time request the Board to remit to the Minister any moneys held by the Board in excess of those authorised to be retained undersubsection (1).

(4) The Board shall comply with a request undersubsection (3).

(5) All moneys received by the Minister under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Public Expenditure and Reform directs.]

75. Borrowings by Board.

75.—(1) The Board may, for the purpose of providing for current expenditure, from time to time, borrow money (whether on the security of the assets of the Board or otherwise).

(2) The exercise of this power is subject to the consent of the Minister and the Minister for Finance and to such conditions as they may specify.

76. Accounts.

76.—(1) The chief executive shall submit estimates of income and expenditure of the Board to the Minister in such form, in respect of such periods, and at such times as may be required by the Minister and shall furnish to the Minister any information which the Minister may require in relation to such estimates, including proposals and future plans relating to the discharge by the Board of its functions over a period of years, as required.

(2) The chief executive shall consult with the Board in performing the functions under subsection (1) and may submit to the Minister any estimates, information, proposals or other matters under that subsection only after obtaining the Board's consent to do so.

(3) The chief executive, under the direction of the Board, shall cause to be kept on a continuous basis and in a legible or a machine readable form, or both, all proper books and records of account of all income and expenditure of the Board, and of the sources of such income and the subject matter of such expenditure, and of the property, assets and liabilities of the Board; the chief executive shall also keep and shall account to the Board for all such special accounts as the Minister or the Board, with the consent of the Minister, may from time to time direct should be kept.

(4) The financial year of the Board shall be the period of 12 months ending on 31 December in any year and, for the purposes of section 74, this section and sections 77 and 83, the period commencing on the establishment day and ending on the following 31 December shall be deemed to be a financial year.

77. Further provisions with respect to accounts (including their audit).

77.—(1) The Board, the chief executive and any relevant member of the staff of the Board shall, whenever so requested by the Minister, permit any person appointed by the Minister to examine the books or other records of account of the Board in respect of any financial year or other period and shall facilitate any such examination, and the Board shall pay such fee therefor as may be fixed by the Minister.

(2) In subsection (1) “relevant member of the staff of the Board” means a member of the staff of the Board to whom there has been duly assigned functions relating to the books or other records of account referred to in that subsection.

(3) The accounts of the Board for each financial year shall be prepared in such a form and manner as may be specified by the Minister and be prepared by the chief executive and approved by the Board as soon as practicable but not later than three months after the end of the financial year to which they relate for submission, as soon as practicable, to the Comptroller and Auditor General for audit.

(4) A copy of such of the accounts referred to in subsection (3) as the Minister directs and the report of the Comptroller and Auditor General thereon shall be presented to the members of the Board and to the Minister, as soon as practicable after the audit of them is completed, and the Minister shall cause a copy of these documents to be laid before each House of the Oireachtas.

78. Strategic plans.

78.—(1) As soon as practicable after the establishment day, and thereafter within 6 months before each fifth anniversary of the establishment day, the Board shall prepare and submit to the Minister, for approval with or without amendment by the Minister, a strategic plan for the ensuing 5 year period.

(2) A strategic plan shall—

(a) comprise the key objectives, outputs and related strategies, including the use of resources, of the Board,

(b) be prepared in a form and manner in accordance with any directions issued from time to time by the Minister, and

(c) have regard to the need to ensure the most beneficial, effective and efficient use of the resources of the Board.

(3) The Minister shall, as soon as practicable after the strategic plan has been approved, cause a copy of the strategic plan to be laid before each House of the Oireachtas.

PART 4 Miscellaneous

79. Service of documents.

79.—(1) A notice or other document that is required to be served on or given or issued to a person under this Act shall be addressed to the person concerned by name, and may be so served on or given or issued to the person in one of the following ways:

(a) by delivering it to the person;

(b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that F86[address;]

(c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that F86[address;]

F87[(d) by electronic means, in a case in which the person has given notice in writing to the person serving or giving the notice or document concerned of his or her consent to the notice or document (or notices or documents of a class to which the notice or document belongs) being served on, or given or issued to, him or her in that manner; or

(e) through a document exchange service, in a case in which the person has given notice in writing to the person serving or giving the notice or document concerned of his or her consent to the notice or document (or notices or documents of a class to which the notice or document belongs) being served on, or given or issued to, him or her in that manner.]

(2) For the purposes of this section, a company shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

F87[(3) In this section, "document exchange service" means provision of means, including the supply of premises specifically for that purpose and transportation by a third party, allowing self-delivery by mutual exchange of postal packets between persons subscribing to the service.]

80. Consultants and advisers.

80.—(1) Subject to such conditions (if any) as may for the time being stand specified by the Minister for the purposes of this section, the Board may from time to time engage such consultants or advisers as it may consider necessary for the performance of its functions and any fees due to a consultant or adviser engaged pursuant to this section shall be paid by the Board out of moneys at its disposal.

(2) Without prejudice to the generality of subsection (1) the persons who may be engaged pursuant to this section include medical practitioners, accountants and other appropriately qualified persons.

(3) Any person who wishes to be engaged by the Board as a consultant or adviser pursuant to this section may notify the Board in writing of this fact and any notification for that purpose shall include particulars of the person's qualifications and experience.

(4) The Board shall maintain a list of the persons who notify the Board pursuant to subsection (3).

(5) The Board shall, in engaging a consultant or adviser under this section, have regard to the list maintained under subsection (4), but nothing in this subsection shall be construed as precluding the Board from engaging as a consultant or adviser a person whose name is not on that list.

80A. F88[Offences: false or misleading information]

F88[80A.(1) A person who knowingly, or recklessly, provides the Board with information which is false or misleading in a material particular in connection with an application undersection 11is guilty of an offence.

(2) A person who knowingly, or recklessly, provides an assessor (within the meaning ofsection 20) with information which is false or misleading in a material particular in connection with a request undersection 23or26is guilty of an offence.]

81. Penalties.

81.—A person guilty of an offence under this Act shall be liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 6 months or both.

82. Representation of Board in applications under section 27.

82.—A member of staff of the Board who is a solicitor or a barrister may appear on behalf of the Board in an application under section 27 notwithstanding—

(a) any rule of law relating to the representation of bodies corporate, or

(b) that, by virtue of any rule of law or provision of any enactment or code of conduct imposing restrictions on employed solicitors or barristers in relation to engaging in activity of that kind, he or she would be prohibited from doing so.

83. Annual report.

83.—(1) The Board shall submit to the Minister, in such form as the Minister may direct, an annual report of its activities after the end of the financial year to which it relates and the Minister shall cause copies of the report to be laid before each House of the Oireachtas as soon as practicable after the receipt by him or her of it.

(2) A report under this section shall not include information to which paragraph (c) or (d) of section 73(4) applies.

84. Amendment of Social Welfare (Consolidation) Act 1993.

84.—The definition of “specified body” in section 223(1) of the Social Welfare (Consolidation) Act 1993 (as amended by the Social Welfare (Miscellaneous Provisions) Act 2003) is amended—

(a) in paragraph (t), by deleting “or”, and

(b) by substituting the following paragraphs for paragraph (u):

“(u) the Personal Injuries Assessment Board, or

(v) such other persons as may be prescribed;”.

85. Amendment of Taxes Consolidation Act 1997.

85.—Schedule 13 to the Taxes Consolidation Act 1997 is amended by inserting the following paragraph after paragraph 139:

“140.—The Personal Injuries Assessment Board.”.

86. Supply of information to, or from, central database.

86.—(1) This section has effect in relation to any database (a “central database”) maintained for the time being by any group of persons in which particulars are entered with respect to accidents or incidents proceedings in respect of which—

(a) may be brought,

(b) may, subject to this Act, be brought, or

(c) are brought,

for the purpose of claiming damages for personal injuries, F89[but only if the processing (within the meaning of the Data Protection Regulation) of any particulars constituting personal data (within the meaning of that Regulation) in the database is in accordance with the Data Protection Regulation and the Data Protection Act 2018.]

(2) There may be supplied to the Board, for the purpose of its dealing with an application made to it under section 11, any relevant particulars entered in a central database.

(3) The Board may supply the following, and no other particulars, for the purpose of their being entered in a central database and, by means of that database, being disclosed to other persons who have access to that database, namely—

(a) the name and address of a claimant who has made an application under section 11,

(b) the date on which the accident or incident, the subject of that application, is alleged in that application to have occurred,

(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 relevant claim concerned, and

(d) the name of the insurance company or undertaking, if any, which has entered into a policy of insurance with the person or any of the persons referred to in paragraph (c) and which policy provides an indemnity in respect of the claimant's proposed proceedings.

(4) This section is without prejudice to the generality of the provisions of Chapter 4 of Part 2.

F90[(5) In this section, "Data Protection Regulation" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016^27on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).]