Personal Injuries Assessment Board Act 2003

Special provision in relation to vulnerable parties.

29

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).