Personal Injuries Assessment Board Act 2003

Interpretation.

4

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

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

F2 [ 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) an application for compensation intended to be made under the Garda Síochána (Compensation) Acts 1941 and 1945,

(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 ;

“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) a personal representative in whom a cause of action comprising a civil action is vested by virtue of the Act of 1961,

( b) 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;

“Community act” means an act adopted by an institution of the European Communities;

“company” means a company within the meaning of the Companies Acts 1963 to 2001;

“contract of employment” shall be deemed to include the legal relations that exist between a person holding an office of the kind referred to in the definition of “employee” in this subsection and the State, Government or other body referred to in that definition;

F2 [ 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 1 and as amended from time to time; ]

“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 F3 [ 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 F4 [ 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;

F2 [ 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;

F2 [ Regulation (EC) No. 392/2009 2 means 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; ]

F2 [ 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.

Annotations:

Amendments:

F2

Inserted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 56(1)(b), commenced on enactment.

F3

Substituted (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s. 72 and sch. 6 item 45, S.I. No. 211 of 2013.

F4

Substituted (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s. 72 and sch. 6 item 45, S.I. No. 211 of 2013.

Modifications etc. (not altering text):

C2

Application of section clarified (21.07.2004) by Civil Liability and Courts Act 2004 (31/2004), s. 32(1), commenced as per s. 1(3), subject to transitional provision in s. 6.

Other amendments of Act of 2003.

32.—(1) For the avoidance of doubt, the reference in the definition of “proceedings” in section 4(1) of the Act of 2003 to “proceedings in court” includes, and shall be deemed to have always included, a reference to—

( a) proceedings by way of a counterclaim, and

( b) proceedings by way of the service of a third party notice (other than a third party notice claiming only an indemnity or a contribution).

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