LegalizeGarda S&ifada;och&afada;na (Compensation) Act 2022
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2 amending acts · 2025-04-02, revised-IE-2022-act-33@2025-04-02
Act to establish a system to replace the system provided for under the Garda Síochána (Compensation) Acts 1941 to 2003 in order to provide for the granting out of public moneys of compensation for personal injuries (including injuries causing death) that were inflicted on a current or former member of the Garda Síochána as a result of a malicious incident; for that and related purposes to apply with modifications and to amend the Personal Injuries Assessment Board Act 2003, and to amend other enactments; to repeal the Garda Síochána (Compensation) Act 1941 and the Garda Síochána (Compensation) (Amendment) Act 1945; and to provide for related matters.
- (a) by the substitution of “Garda Síochána (Compensation) Act 2022” for “Garda Síochána (Compensation) Act 1941, and the Garda Síochána (Compensation) (Amendment) Act 1945,”, and
- (b) in paragraph (b), by the substitution of “injuries inflicted on them as a result of a malicious incident within the meaning of that Act” for “injuries maliciously inflicted on them”.
31. National Treasury Management Agency (Amendment) Act 2000
31. (1) Section 7(1) of the Act of 2000 is amended by the deletion of paragraph (a) in the definition of “claim”.
- (2) The definition of “claim” in section 7(1) of the Act of 2000 shall be construed as including—
- (a) an application to which section 5(1) refers,
- (b) an application to the Personal Injuries Assessment Board to which section 19 refers,
- (c) proceedings to which Part 6 applies, and
- (d) proceedings brought as a result of the operation of section 25.
- (3) The National Treasury Management Agency shall be deemed to have been delegated, under section 9(1)(a) of the Act of 2000, the management of any claims against the Minister for Public Expenditure and Reform relating to an application for compensation under the Garda Síochána (Compensation) Acts 1941 to 2003 to which section 5(1) applies.
- (4) In this section, “Act of 2000” means the National Treasury Management Agency (Amendment) Act 2000.
32. Amendment of section 2 of Act of 2004
32. Section 2(1) of the Act of 2004 is amended, in the definition of “personal injuries action”, by the deletion of “an application for compensation under the Garda Síochána (Compensation) Acts 1941 and 1945, or”.
33. Amendment of Act of 2005
33. The Act of 2005 is amended—
- (a) in section 51(4), by the substitution of “the Garda Síochána (Compensation) Act 2022” for “the Garda Síochána (Compensation) Acts 1941 and 1945”,
- (b) in section 53(5), by the substitution of “Garda Síochána (Compensation) Act 2022 does” for “Garda Síochána (Compensation) Acts 1941 and 1945 do”,
- (c) in section 54(3)(c), by the substitution of “the Garda Síochána (Compensation) Act 2022 for injuries inflicted as a result of a malicious incident within the meaning of that Act” for “the Garda Síochána (Compensation) Acts 1941 and 1945 for malicious injuries received”, and
- (d) in section 74(4)(c), by the substitution of “the Garda Síochána (Compensation) Act 2022 for injuries inflicted as a result of a malicious incident within the meaning of that Act” for “the Garda Síochána (Compensation) Acts 1941 and 1945 for malicious injuries received”.
34. Application of section 31 of Act of 2005
34. (1) Subject to subsection (3), F4[section 39 of the Act of 2024] shall apply to the functions of the Garda Commissioner under this Act and a reference in that section to a function under the F4[Act of 2024] or under a provision of the F4[Act of 2024] shall be construed as including a reference to a function of the Garda Commissioner under this Act.
- (2) A delegation by the Garda Commissioner in accordance with F4[section 39 of the Act of 2024] of any functions to which this Act applies may be made only to a member of a specified rank not below the rank of Assistant Garda Commissioner, or to a member of F4[garda staff] not below a grade equivalent to the rank of Assistant Garda Commissioner.
- (3) In this section, a reference to “this Act” includes a reference to the Act of 2003 as applied by section 19.
35. Amendment of section 96 of Social Welfare Consolidation Act 2005
35. Section 96 of the Social Welfare Consolidation Act 2005 is amended—
- (a) in subsection (4), by the substitution of “Garda Síochána (Compensation) Act 2022, there shall in assessing compensation under that Act (including under the Personal Injuries Assessment Board Act 2003 as applied by that Act)” for “Garda Síochána (Compensation) Acts 1941 to 2003, there shall in assessing compensation”, and
- (b) in subsection (5), by the substitution of “Garda Síochána (Compensation) Act 2022, in assessing compensation under that Act (including under the Personal Injuries Assessment Board Act 2003 as applied by that Act)” for “Garda Síochána (Compensation) Acts 1941 to 2003, in assessing compensation under those Acts”.
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