CervicalCheck Tribunal Act 2019
Number 31 of 2019
CERVICALCHECK TRIBUNAL ACT 2019
REVISED
Updated to 23 May 2022
This Revised Act is an administrative consolidation of the CervicalCheck Tribunal Act 2019. 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 Merchant Shipping (Investigation of Marine Casualties) (Amendment) Act 2022 (8/2022), enacted 16 May 2022, and all statutory instruments up to and including the Cervicalcheck Tribunal Act 2019 (Commencement) Order 2022 (S.I. No. 240 of 2022), made 18 May 2022, 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 31 of 2019
CERVICALCHECK TRIBUNAL ACT 2019
REVISED
Updated to 23 May 2022
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 passed.
Related legislation
This Act is not collectively cited with any other Act.
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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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
• CervicalCheck Tribunal (Amendment) Act 2021 (22/2021)
All Acts up to and including Merchant Shipping (Investigation of Marine Casualties) (Amendment) Act 2022 (8/2022), enacted 16 May 2022, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Cervicalcheck Tribunal Act 2019 (Commencement) Order 2022 (S.I. No. 240 of 2022)
• Cervicalcheck Tribunal Act 2019 (Section 12(3A)) (Extension of Period for Making of Claims) Order 2022 (S.I. No. 28 of 2022)
• Rules of the Superior Courts (CervicalCheck Tribunal) 2021 (S.I. No. 57 of 2021)
• CervicalCheck Tribunal Act 2019 (Establishment Day) Order 2020 (S.I. No. 454 of 2020)
• CervicalCheck Tribunal Act 2019 (Commencement) Order 2020 (S.I. No. 453 of 2020)
All statutory instruments up to and including Cervicalcheck Tribunal Act 2019 (Commencement) Order 2022 (S.I. No. 240 of 2022), made 18 May 2022, were considered in the preparation of this revision.
Number 31 of 2019
CERVICALCHECK TRIBUNAL ACT 2019
REVISED
Updated to 23 May 2022
CONTENTS
PART 1
Preliminary and General
1. Short title and commencement
2. Definitions
3. Expenses
PART 2
CervicalCheck Tribunal
Chapter 1
Establishment, Functions, etc.
4. Establishment day
5. Establishment of Tribunal
6. Membership of Tribunal
7. Functions of Tribunal
8. Staff of Tribunal
9. Experts and research
10. Tribunal may retain legal counsel and solicitor
Chapter 2
Making claim to Tribunal
11. Claims before Tribunal
12. Reckoning of time for purpose of Statute of Limitations, etc.
13. Agreement of parties required to enable Tribunal to hear claims
Chapter 3
Claims before Tribunal, procedures, etc.
14. Manner of determination of issues
15. Third party procedures
16. Account to be taken of ex-gratia payments
17. Awards of Tribunal - applicable principles, etc.
18. Legal representation
19. Costs
20. Hearings generally to be otherwise than in public
21. Form and manner in which evidence may be given
22. Powers relating to witnesses and documents
23. Privileges and immunities of witnesses
24. General power of Tribunal to seek directions of High Court
25. Pre-claim protocols, case management, directions, etc.
26. Rules
Chapter 4
Appeals, confirmations, etc.
27. Appeals
28. Confirmation and publication of determinations
29. Enforcement of awards of Tribunal
Chapter 5
Restoration of trust
30. Application of Chapter 5
31. Facilitator of meetings to restore trust
32. Meetings to restore trust
33. Restoration of trust meetings - not admissible in proceedings or claims before Tribunal
Chapter 6
Reports of Tribunal, etc.
34. Recommendations of Tribunal
35. Annual Reports
Chapter 7
Dissolution
36. Dissolution of Tribunal
PART 3
Miscellaneous
37. Appeals to High Court - rules of court
38. Offences
39. Restrictions of rights and obligations under Data Protection Regulation
40. Amendment of Freedom of Information Act 2014
Acts Referred to
Civil Liability (Amendment) Act 2017 (No. 30)
Civil Liability Act 1961 (No. 41)
Civil Liability Acts 1961 to 2017
Freedom of Information Act 2014 (No. 30)
Interpretation Act 2005 (No. 23)
Statute of Limitations (Amendment) Act 1991 (No. 18)
Statute of Limitations 1957 (No. 6)
Number 31 of 2019
CERVICALCHECK TRIBUNAL ACT 2019
REVISED
Updated to 23 May 2022
An Act to provide for the implementation of the Report on an Alternative System for Dealing with Claims Arising from CervicalCheck, in respect of the hearing and determination, outside of the court process, of claims arising from acts or omissions arising from CervicalCheck and, for those purposes, to make provision for the establishment of a body, to be known in the Irish language, as An Binse um CervicalCheck or, in the English language, as the CervicalCheck Tribunal; to make provision for the Tribunal, with the consent of the parties concerned, to hear and determine a certain limited number of claims made to it outside of the court process; to provide that a determination of the Tribunal shall be subject to confirmation by the High Court and subject to a right of appeal to the High Court; to make provision, in the public interest of restoring trust in CervicalCheck, for the making available to certain persons of facilities for the purposes of documenting experiences, facilitating discussion and providing information to such persons in respect of CervicalCheck; and to provide for related matters.
[23rd July, 2019]
Be it enacted by the Oireachtas as follows: