Personal Injuries Assessment Board Act 2003

Rules.

46

46.—(1) Subject to the provisions of this Part, the Board may make rules concerning the procedure to be followed under this Part in relation to—

( a) the making of applications under section 11 ,

( b) the making of assessments under section 20 , and

( c) matters consequential on, or incidental to the foregoing.

(2) Rules under this section shall enable the Board to supply a copy of any records or other documents furnished by a claimant or a respondent to it, pursuant to this Act or the exercise by it or any member of its staff of powers under this Act, to a respondent or, as the case may be, a claimant in relation to the relevant claim concerned.

(3) Rules under this section shall enable the Board (subject to rules under subsection (4)) to issue to a claimant a document (in this Act also referred to as an “authorisation”), in circumstances where the claimant is not otherwise authorised under a provision of this Act to bring proceedings in respect of his or her relevant claim, in either or both of the following cases, namely—

( a) section 18(3) or (6) applies in respect of one or more of the respondents to the relevant claim and the claimant wishes to bring proceedings in respect of that claim against that respondent or those respondents (acting, unless he, she or they are no longer of unsound mind, by a guardian or a committee),

( b) the claimant wishes to bring proceedings in respect of his or her relevant claim against one or more persons whom he or she omitted, through a genuine oversight or ignorance of all of the facts relating to the matter, to specify in his or her application under section 11 as being a person or persons liable to him or her in respect of that claim.

(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.

Annotations:

Editorial Notes:

E14

Power pursuant to section exercised (4.04.2019) by Personal Injuries Assessment Board Rules 2019 (S.I. No. 140 of 2019).

E15

Previous affecting provision: power pursuant to section exercised (12.05.2004) by Personal Injuries Assessment Board Rules 2004 (S.I. No. 219 of 2004); revoked (4.04.2019) by Personal Injuries Assessment Board Rules 2019 (S.I. No. 140 of 2019), art. 10.