Personal Injuries Assessment Board Act 2003

Number 46 of 2003

PERSONAL INJURIES ASSESSMENT BOARD ACT 2003

REVISED

Updated to 8 May 2024

This Revised Act is an administrative consolidation of the Personal Injuries Assessment Board Act 2003. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Health (Termination of Pregnancy Services) (Safe Access Zones) Act 2024 (13/2024), enacted 7 May 2024, and all statutory instruments up to and including the Personal Injuries Resolution Board Act 2022 (Commencement) Order 2024 (S.I. No. 187 of 2024), made 1 May 2024, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

Number 46 of 2003

PERSONAL INJURIES ASSESSMENT BOARD ACT 2003

REVISED

Updated to 8 May 2024

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section
1.	Short title.
2.	Commencement.
3.	Civil actions to which Act applies.
3A.	Civil actions to which Act does not apply.
4.	Interpretation.
5.	Regulations.
6.	Savings.
7.	Obtaining of legal advice.
8.	Expenses.

PART 2

Mandatory Assessment Procedures in respect of Certain Civil Actions

Chapter 1

Mandatory applications for assessment

9.	“Relevant claim”.
10.	What this Chapter does.
11.	Application for assessment.
12.	Bar on bringing proceedings unless certain conditions are satisfied.
13.	Notification of application to respondent and ascertainment of his or her wishes.
14.	Procedures on foot of notification under section 13.
15.	Procedures if not everyone of 2 or more respondents consents to assessment being made.
16.	Making of, or omission to make, statement referred to in section 14 not an admission of liability.
17.	Discretion of Board not to arrange for making of assessment.
18.	Presumption as to capacity of claimant and respondent.

Chapter 1A

Mediation

18A.	Application and definitions.
18B.	Mediation process.
18C.	Mediation outcome and report.
18D.	Appointment of mediators.
18E.	Provisions relating to mediators.
18F.	Power of the Board to make procedural rules relating to mediation.

Chapter 2

Procedure for assessment

19.	What this Chapter contains.
20.	Assessment.
21.	Section 20: supplemental provisions.
22.	Power to impose charges.
23.	Power to require additional information, etc.
24.	Medical examination of claimant in certain circumstances.
25.	Failure to comply with a request under section 23 or 24.
26.	Powers to request information from third parties.
27.	Section 26: supplemental provisions.
28.	Limited power to require certain other information.
29.	Special provision in relation to vulnerable parties.
30.	Parties to indicate whether or not they accept assessment.
31.	Deemed acceptance or non-acceptance of assessment.
32.	Proceedings to be authorised if assessment not accepted.
33.	Assessment binding on parties unless section 32 applies.
34.	Position of respondent or respondents who do not accept assessment.
35.	Approval of court required for certain assessments.
36.	Authorisation to bring proceedings where assessment not approved.
37.	Certain statements, etc., not to prejudice claimant or respondent.
38.	Enforceability of assessment.

Chapter 3

Legal status of order to pay, etc.

39.	What this Chapter specifies.
40.	Primary legal effect of order to pay.
41.	Order to pay to operate as satisfaction of claimant's claim.
42.	Application of section 22 of Act of 1961 (claims for contributions between concurrent wrongdoers).
43.	Application of section 18 of Act of 1961.

Chapter 4

Miscellaneous

44.	Expenses incurred by claimant.
45.	Fees or expenses where direction referred to in section 30(3) given.
46.	Rules.
47.	Withdrawal of application under section 11.
48.	Assessment of relevant claims where proceedings concerned brought before commencement of section 6.
49.	Assessments to be made expeditiously.
49A.	Assessment of relevant claims where long term prognosis is awaited.
50.	Reckoning of time for purposes of Statute of Limitations 1957, etc.
51.	Non-admissibility of assessment in evidence.
51A.	Costs in proceedings where assessment not accepted by claimant.
51B.	Costs in connection with application under section 11 not taxable.
51C.	Costs in proceedings where claimant or respondent does not comply with request of assessors.

PART 3

Personal Injuries Assessment Board

Chapter 1

Establishment and principal functions of Board

52.	Establishment day.
53.	Personal Injuries Assessment Board.
54.	Functions of Board.
54A.	Requiring certain persons to provide information.
55.	Conferral of additional functions on Board.

Chapter 2

Composition of Board

56.	Membership of Board.
57.	Supplemental provisions as to membership of Board.
58.	Chairperson of Board.
59.	Vice-chairperson.

Chapter 3

Meetings and committees

60.	Meetings of Board.
61.	Committees of Board.
62.	Supplemental provisions as to committees of Board.

Chapter 4

Management of Board

63.	Chief executive.
64.	Supplemental provisions in relation to chief executive.
65.	Accountability of chief executive to Committee of Public Accounts.
66.	Accountability of chief executive to other Oireachtas Committees.

Chapter 5

Staff of Board and superannuation matters

67.	Staff of Board.
68.	Superannuation.

Chapter 6

Supplemental provisions with regard to Board's administration and management

69.	Indemnification of certain persons.
70.	Membership of either House of the Oireachtas, etc.
71.	Disclosure of interests.
72.	Section 71: supplemental provisions.
73.	Disclosure of information.
73A.	Board shall provide information requested by Minister.

Chapter 7

Financial provisions

74.	Grants to Board.
74A.	Remittance by Board of moneys to Minister.
75.	Borrowings by Board.
76.	Accounts.
77.	Further provisions with respect to accounts (including their audit).
78.	Strategic plans.

PART 4

Miscellaneous

79.	Service of documents.
80.	Consultants and advisers.
80A.	Offences: false or misleading information.
81.	Penalties.
82.	Representation of Board in applications under section 27.
83.	Annual report.
84.	Amendment of Social Welfare (Consolidation) Act 1993.
85.	Amendment of Taxes Consolidation Act 1997.
86.	Supply of information to, or from, central database.

Acts Referred to
Civil Liability Act 1961	1961, No. 41
Civil Service Commissioners Act 1956	1956, No. 45
Civil Service Regulation Act 1956	1956, No. 46
Companies Acts 1963 to 2001
Comptroller and Auditor General (Amendment) Act 1993	1993, No. 8
Courts Act 1981	1981, No. 11
Data Protection Act 1988	1988, No. 25
Debtors (Ireland) Act 1840	1840, Vict. c. 105
European Convention on Human Rights Act 2003	2003, No. 20
European Parliament Elections Act 1997	1997, No. 2
Garda Síochána (Compensation) Acts 1941 and 1945
Health (Eastern Regional Health Authority) Act 1999	1999, No. 13
Local Government Act 2001	2001, No. 37
Road Traffic Act 1961	1961, No. 24
Social Welfare (Consolidation) Act 1993	1993, No. 27
Social Welfare (Miscellaneous Provisions) Act 2003	2003, No. 4
Statute of Limitations 1957	1957, No. 6
Statute of Limitations (Amendment) Act 1991	1991, No. 18
Taxes Consolidation Act 1997	1997, No. 39

Number 46 of 2003

PERSONAL INJURIES ASSESSMENT BOARD ACT 2003

REVISED

Updated to 8 May 2024

AN ACT TO ENABLE, IN CERTAIN SITUATIONS, THE MAKING OF ASSESSMENTS, WITHOUT THE NEED FOR LEGAL PROCEEDINGS TO BE BROUGHT IN THAT BEHALF, OF COMPENSATION FOR PERSONAL INJURIES (OR BOTH SUCH INJURIES AND PROPERTY DAMAGE), IN THOSE SITUATIONS TO PROHIBIT, IN THE INTERESTS OF THE COMMON GOOD, THE BRINGING OF LEGAL PROCEEDINGS UNLESS ANY OF THE PARTIES CONCERNED DECIDES NOT TO ACCEPT THE PARTICULAR ASSESSMENT OR CERTAIN OTHER CIRCUMSTANCES APPLY, TO PROVIDE FOR THE ENFORCEMENT OF SUCH AN ASSESSMENT, FOR THOSE PURPOSES TO ESTABLISH A BODY TO BE KNOWN AS THE PERSONAL INJURIES ASSESSMENT BOARD AND TO DEFINE ITS FUNCTIONS AND TO PROVIDE FOR RELATED MATTERS. [28th December, 2003]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications etc. (not altering text):

Name of Personal Injuries Assessment Board changed (14.12.2023) by Personal Injuries Resolution Board Act 2022 (42/2022), s. 2, S.I. No. 626 of 2023, art. 3 and Personal Injuries Resolution Board Act 2022 (Change of Name of Board) Order 2023 (S.I. No. 627 of 2023), art. 2

Change of name of Board

2. (1) The Personal Injuries Assessment Board, shall on and from such day as the Minister appoints by order be known, in the Irish language, as An Bord um Réiteach Díobhálacha Pearsanta and, in the English language, as the Personal Injuries Resolution Board.

(2) References in any enactment, statutory instrument or legal proceedings or any other document to the Personal Injuries Assessment Board shall, on and from such date as the Minister appoints under subsection (1) be read as references, in the Irish language, to An Bord um Réiteach Díobhálacha Pearsanta or, in the English language, to the Personal Injuries Resolution Board.

Act applied with modifications and references construed (10.04.2023) by Garda Síochána (Compensation) Act 2022 (33/2022), ss. 19, 20, 21(2), S.I. No. 163 of 2023.

Application of Act of 2003

19. In relation to an application to the Personal Injuries Assessment Board to which section 14(11)(c) or section 18(6)(c) applies—

(a) the Act of 2003 shall, subject to this section and section 20, apply to, and in relation to, the application, and

(b) the Garda Commissioner shall be liable to pay any charges imposed by the Personal Injuries Assessment Board pursuant to regulations under section 22 of the Act of 2003 on a claimant within the meaning of that Act to whom that application relates.

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:

(a) it shall be read as if the words “, in respect of a wrong,” in the definition of “civil action” in section 4(1) of the Act of 2003 were deleted;

(b) an application to which section 19 refers shall be deemed to be an application made by the claimant under section 11 of the Act of 2003;

(d) it shall be read as if the words “rules under section 46(3)” and the words “or rules” in section 12(1) of the Act of 2003 were deleted;

(e) it shall be read as if any reference to “respondent” were a reference to the Garda Commissioner, or to any person entitled, by or under any enactment, to act on behalf of the Garda Commissioner in an action to which section 3(aa) of the Act of 2003 applies;

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

(g) it shall be read as if the reference in section 20(1) of the Act of 2003 to the assumption that the respondent or respondents are fully liable to the claimant in respect of the claim is a reference to the assumption that the Garda Commissioner, or any person entitled, by or under any enactment, to act on behalf of the Garda Commissioner in an action to which section 3(aa) of the Act of 2003 applies, is fully liable to pay any award of damages made to the claimant in respect of the claim;

(h) it shall be read as if section 50 of the Act of 2003 were deleted.

Amendment of Act of 2003

21. — ...

(2) A reference in the Act of 2003 to—

(a) “this Act” shall, where applicable and where the context so requires, include a reference to “this Act, as applied by section 19 of the Act of 2022”,

(b) “this Part” shall, where applicable and where the context so requires, include a reference to “this Part, as applied by section 19 of the Act of 2022”, and

(c) “this section” shall, where applicable and where the context so requires, include a reference to “this section, as applied by section 19 of the Act of 2022

Personal Injuries Assessment Board designated a prescribed body (1.05.2006) by Personal Injuries Assessment Board by Official Languages Act 2003 (Public Bodies) Regulations 2006 (S.I. No. 150 of 2006), art. 2 and sch. 1.

2. The bodies, organisations and groups specified in Schedule 1 to these Regulations are prescribed for the purposes of paragraph 1(5) of the First Schedule to the Official Languages Act 2003 (No. 32 of 2003).

Schedule 1

...

Personal Injuries Assessment Board

...

Editorial Notes:

Payment of compensation awards made subject to recovery of certain illness-related social welfare payments by Social Welfare Consolidation Act 2005 (26/2005), Part 11B (ss. 343L to 343W) as inserted (1.08.2014) by Social Welfare and Pensions Act 2013 (38/2013), s. 13, S.I. No. 308 of 2013.

Personal Injuries Assessment Board prescribed as person for purposes of Finance Act 1993 (13/1993), s. 60(3) (3.09.2009) by Finance Act 1993 (Section 60) Regulations 2009 (S.I. No. 382 of 2009) (access to motor license records established under section).

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