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Version status: In force | Document consolidation status: Updated to reflect all known changes
Published date: 28 December 2003

Personal Injuries Assessment Board Act 2003 (No. 46)

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Introductory Text
Acts Referred to
Part 1 Preliminary and General (ss. 1-8)
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1. Short title.
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2. Commencement.
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3. Civil actions to which Act applies.
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3A. Civil actions to which Act does not apply.
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4. Interpretation.
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5. Regulations.
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6. Savings.
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7. Obtaining of legal advice.
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8. Expenses.
Part 2 Mandatory Assessment Procedures in respect of Certain Civil Actions (ss. 9-51C)
Chapter 1 Mandatory applications for assessment (ss. 9-18)
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9. "Relevant claim".
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10. What this Chapter does.
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11. Application for assessment.
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12. Bar on bringing proceedings unless certain conditions are satisfied.
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13. Notification of application to respondent and ascertainment of his or her wishes.
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14. Procedures on foot of notification under section 13.
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15. Procedures if not everyone of 2 or more respondents consents to assessment being made.
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16. Making of, or omission to make, statement referred to in section 14 not an admission of liability.
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17. Discretion of Board not to arrange for making of assessment.
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18. Presumption as to capacity of claimant and respondent.
Chapter 1A Mediation (ss. 18A-18F)
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18A. Application and definitions.
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18B. Mediation process.
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18C. Mediation outcome and report.
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18D. Appointment of mediators.
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18E. Provisions relating to mediators.
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18F. Power of the Board to make procedural rules relating to mediation.
Chapter 2 Procedure for assessment (ss. 19-38)
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19. What this Chapter contains.
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20. Assessment.
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21. Section 20: supplemental provisions.
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22. Power to impose charges.
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23. Power to require additional information, etc.
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24. Medical examination of claimant in certain circumstances.
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25. Failure to comply with a request under section 23 or 24.
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26. Powers to request information from third parties.
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27. Section 26: supplemental provisions.
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28. Limited power to require certain other information.
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29. Special provision in relation to vulnerable parties.
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30. Parties to indicate whether or not they accept assessment.
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31. Deemed acceptance or non-acceptance of assessment.
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32. Proceedings to be authorised if assessment not accepted.
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33. Assessment binding on parties unless section 32 applies.
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34. Position of respondent or respondents who do not accept assessment.
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35. Approval of court required for certain assessments.
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36. Authorisation to bring proceedings where assessment not approved.
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37. Certain statements, etc., not to prejudice claimant or respondent.
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38. Enforceability of assessment.
Chapter 3 Legal status of order to pay, etc. (ss. 39-43)
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39. What this Chapter specifies.
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40. Primary legal effect of order to pay.
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41. Order to pay to operate as satisfaction of claimant's claim.
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42. Application of section 22 of Act of 1961 (claims for contributions between concurrent wrongdoers).
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43. Application of section 18 of Act of 1961.
Chapter 4 Miscellaneous (ss. 44-51C)
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44. Expenses incurred by claimant.
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45. Fees or expenses where direction referred to in section 30(3) given.
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46. Rules.
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47. Withdrawal of application under section 11.
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48. Assessment of relevant claims where proceedings concerned brought before commencement of section 6.
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49. Assessments to be made expeditiously.
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49A. Assessment of relevant claims where long term prognosis is awaited.
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50. Reckoning of time for purpose of Statute of Limitations, etc.
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51. Non-admissibility of assessment in evidence.
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51A. Costs in proceedings where assessment not accepted by claimant.
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51B. Costs in connection with application under section 11 not taxable.
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51C. Costs in proceedings where claimant or respondent does not comply with request of assessors.
Part 3 Personal Injuries Assessment Board (ss. 52-78)
Chapter 1 Establishment and principal functions of Board (ss. 52-55)
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52. Establishment day.
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53. Personal Injuries Assessment Board.
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54. Functions of Board.
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54A. Requiring certain persons to provide information.
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55. Conferral of additional functions on Board.
Chapter 2 Composition of Board (ss. 56-59)
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56. Membership of Board.
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57. Supplemental provisions as to membership of Board.
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58. Chairperson of Board.
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59. Vice-chairperson.
Chapter 3 Meetings and committees (ss. 60-62)
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60. Meetings of Board.
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61. Committees of Board.
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62. Supplemental provisions as to committees of Board.
Chapter 4 Management of Board (ss. 63-66)
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63. Chief executive.
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64. Supplemental provisions in relation to chief executive.
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65. Accountability of chief executive to Committee of Public Accounts.
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66. Accountability of chief executive to other Oireachtas Committees.
Chapter 5 Staff of Board and superannuation matters (ss. 67-68)
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67. Staff of Board.
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68. Superannuation.
Chapter 6 Supplemental provisions with regard to Board's administration and management (ss. 69-73A)
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69. Indemnification of certain persons.
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70. Membership of either House of the Oireachtas, etc.
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71. Disclosure of interests.
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72. Section 71: supplemental provisions.
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73. Disclosure of information.
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73A. Board shall provide information requested by Minister.
Chapter 7 Financial provisions (ss. 74-78)
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74. Grants to Board.
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74A. Remittance by Board of moneys to Minister.
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75. Borrowings by Board.
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76. Accounts.
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77. Further provisions with respect to accounts (including their audit).
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78. Strategic plans.
Part 4 Miscellaneous (ss. 79-86)
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79. Service of documents.
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80. Consultants and advisers.
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80A. Offences: false or misleading information.
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81. Penalties.
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82. Representation of Board in applications under section 27.
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83. Annual report.
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84. Amendment of Social Welfare (Consolidation) Act 1993.
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85. Amendment of Taxes Consolidation Act 1997.
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86. Supply of information to, or from, central database.