Personal Injuries Assessment Board Act 2003

Number 46 of 2003

PERSONAL INJURIES ASSESSMENT BOARD ACT 2003

REVISED

Updated to 10 April 2023

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 Sex Offenders (Amendment) Act 2023 (9/2023), enacted 5 April 2023, and all statutory instruments up to and including the Garda Síochána (Compensation) Act 2022 (Commencement) Order 2023 (S.I. No. 163 of 2023), made 5 April 2023, 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 10 April 2023

Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was first passed.

Related legislation

Personal Injuries Assessment Board Acts 2003 to 2022: this Act is one of a group of Acts included in this collective citation (Personal Injuries Resolution Board Act 2022 (42/2022), s. 25(3)). The Acts in the group are:

• Personal Injuries Assessment Board Act 2003 (46/2003)

• Personal Injuries Assessment Board (Amendment) Act 2007 (35/2007)

• Personal Injuries Assessment Board (Amendment) Act 2019 (3/2019)

• Garda Síochána (Compensation) Act 2022 (33/2022), Part 5 (ss. 19-21)

• Personal Injuries Resolution Board Act 2022 (42/2022)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

• Personal Injuries Resolution Board Act 2022 (42/2022)

• Garda Síochána (Compensation) Act 2022 (33/2022)

• Family Leave and Miscellaneous Provisions Act 2021 (4/2021)

• Judicial Council Act 2019 (33/2019)

• Personal Injuries Assessment Board (Amendment) Act 2019 (3/2019)

• Data Protection Act 2018 (7/2018)

• Social Welfare (Miscellaneous Provisions) Act 2015 (12/2015)

• Competition and Consumer Protection Act 2014 (29/2014)

• Social Welfare and Pensions Act 2013 (38/2013)

• Central Bank (Supervision and Enforcement) Act 2013 (26/2013)

• Education and Training Boards Act 2013 (11/2013)

• Civil Law (Miscellaneous Provisions) Act 2011 (23/2011)

• Ministers and Secretaries (Amendment) Act 2011 (10/2011)

• Central Bank Reform Act 2010 (23/2010)

• Personal Injuries Assessment Board (Amendment) Act 2007 (35/2007)

• Consumer Protection Act 2007 (19/2007)

• Civil Liability and Courts Act 2004 (31/2004)

All Acts up to and including Sex Offenders (Amendment) Act 2023 (9/2023), enacted 5 April 2023, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• Personal Injuries Assessment Board (Fees) (Amendment) Regulations 2022 (S.I. No. 124 of 2022)

• Personal Injuries Assessment Board (Fees) (Amendment) Regulations 2019 (S.I. No. 363 of 2019)

• Personal Injuries Assessment Board Rules 2019 (S.I. No. 140 of 2019)

• Occupational Pension Schemes (Funding Standard) (Amendment) Regulations 2014 (S.I. No. 268 of 2014)

• Personal Injuries Assessment Board (Fees) (Amendment) Regulations 2012 (S.I. No. 523 of 2012)

• Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

• Personal Injuries Assessment Board (Fees) (Amendment) Regulations 2011 (S.I. No. 41 of 2011)

• Finance Act 1993 (Section 60) Regulations 2009 (S.I. No. 382 of 2009)

• The Personal Injuries Assessment Board Spouses' and Children's Contributory Pension Scheme 2009 (S.I. No. 156 of 2009)

• Occupational Pension Schemes (Preservation of Benefits) (Amendment) Regulations 2009 (S.I. No. 70 of 2009)

• Personal Injuries Assessment Board Employee Superannuation Scheme 2008 (S.I. No. 465 of 2008)

• Superannuation (Designation of Approved Organisations) Regulations 2008 (S.I. No. 361 of 2008)

• Occupational Pension Schemes (Funding Standard) (Amendment) Regulations 2008 (S.I. No. 295 of 2008)

• Personal Injuries Assessment Board (Fees) (Amendment) Regulations 2007 (S.I. No. 869 of 2007)

• Personal Injuries Assessment Board (Fees) (Amendment) Regulations 2006 (S.I. No. 264 of 2006)

• Personal Injuries Assessment Board Act 2003 (Commencement) (No. 3) Order 2004 (S.I. No. 438 of 2004)

• Personal Injuries Assessment Board Act 2003 (Commencement) (No. 2) Order 2004 (S.I. No. 252 of 2004)

• Personal Injuries Assessment Board (Fees) Regulations 2004 (S.I. No. 251 of 2004)

• Personal Injuries Assessment Board Rules 2004 (S.I. No. 219 of 2004)

• Personal Injuries Assessment Board Act 2003 (Establishment Day) Order 2004 (S.I. No. 156 of 2004)

• Personal Injuries Assessment Board Act 2003 (Commencement) Order 2004 (S.I. No. 155 of 2004)

• Occupational Pension Schemes (Funding Standard) Regulations 1993 (S.I. No. 419 of 1993)

All statutory instruments up to and including Garda Síochána (Compensation) Act 2022 (Commencement) Order 2023 (S.I. No. 163 of 2023), made 5 April 2023, were considered in the preparation of this revision.

Number 46 of 2003

PERSONAL INJURIES ASSESSMENT BOARD ACT 2003

REVISED

Updated to 10 April 2023

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 10 April 2023

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):

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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