Personal Injuries Assessment Board Act 2003

Procedures on foot of notification under section 13.

14

14.F14[(1) (a) If a respondent states in writing in response to a notice served under section 13(1)(b) within the period specified in the notice that he or she consents to mediation of the relevant claim under Chapter 1A, then the Board shall, subject to sections 17 and 18, arrange for mediation of that claim under Chapter 1A.

(b) If a respondent

(i) states in writing in response to a notice served under section 13(1)(b) within the period specified in the notice that he or she does not consent to mediation of the relevant claim under Chapter 1A, or

(ii) fails to state in writing, in response to the notice, within the period specified in that notice, whether or not he or she consents to mediation under Chapter 1A,

then paragraph (c) shall apply.

(c) If a respondent

(i) states in writing, in response to a notice served under section 13(1)(b), within the period specified in it, that he or she consents to an assessment being made under section 20 of the claimant’s relevant claim, or

(ii) fails to state in writing, in response to that notice, within the period specified in it, whether or not he or she does so consent, then the Board shall, subject to sections 17 and 18, arrange for an assessment to be made under section 20 of that claim.]

(2) If a respondent states in writing, in response to F15[a notice served under section 13(1)(b)], within the period specified in it, that he or she does not consent to an assessment being made under section 20 of the claimant's relevant claim, it shall be the duty of the Board, as soon as may be after that statement is received by it, to issue to the claimant a document that contains the statement and operates to have the effect mentioned in subsection (4).

(3) Such a document is referred to in this Act as an “authorisation”.

(4) An authorisation under this section 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.

Annotations

Amendments:

F14

Substituted (14.12.2023) by Personal Injuries Resolution Board Act 2022 (42/2022), s. 5, S.I. No. 626 of 2023.

F15

Substituted (3.04.2019) by Personal Injuries Assessment Board (Amendment) Act 2019 (3/2019), s. 3(b), S.I. No. 123 of 2019.

Editorial Notes:

E8

Previous affecting provision: subs. (1)(a) amended by Personal Injuries Assessment Board (Amendment) Act 2019 (3/2019), s. 3(a), S.I. No. 123 of 2019; subsection substituted (14.12.2023) as per F-note above.