Personal Injuries Assessment Board Act 2003

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

13

13.F12[(1) (a) As soon as practicable after receipt of an application under section 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 under section 11,

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

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

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

F13[(2) The notice under subsection (1)(b) is a notice stating that the Board has received an application made under section 11 by 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 under section 20 of the claimant’s relevant claim,

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

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

Annotations

Amendments:

F12

Substituted (3.04.2019) by Personal Injuries Assessment Board (Amendment) Act 2019 (3/2019), s. 2(1)(a), (b), S.I. No. 123 of 2019, subject to transitional provision in subs. (2).

F13

Substituted (14.12.2023) by Personal Injuries Resolution Board Act 2022 (42/2022), s. 4, S.I. No. 626 of 2023.

Modifications (not altering text):

C8

Subs. (1)(b) applied with modifications by Garda Síochána (Compensation) Act 2022 (33/2022), s. 20(f), not commenced as of date of revision.

Modifications to application of Act of 2003

20. The Act of 2003 shall apply to, and in relation to, an application to which section 19 refers, subject to the following modifications and any other necessary modifications: ...

(f) it shall be read as if section 13(1)(b)(iii) of the Act of 2003 were deleted;

...

Editorial Notes:

E7

Previous affecting provision: subs. (2) amended (3.04.2019) by Personal Injuries Assessment Board (Amendment) Act 2019 (3/2019), s. 2(1)(b), S.I. No. 123 of 2019, subject to transitional provision in subs. (2); subsection substituted as per F-note above.