S.I. No. 531/2001 - National Treasury Management Agency (Delegation and Conferral of Functions) Order, 2001 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.
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- s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile Statutory InstrumentsIonstraimí Reachtúla 2001 S.I. No. 531/2001 - National Treasury Management Agency (Delegation and Conferral of Functions) Order, 2001 S.I. No. 531/2001 - National Treasury Management Agency (Delegation and Conferral of Functions) Order, 2001 AmendmentsLeasuithe WHEREAS each of the following Ministers of the Government, namely, the Taoiseach, the Minister for Enterprise, Trade and Employment, the Minister for Education and Science, the Minister for Public Enterprise, the Minister for Defence, the Minister for Agriculture, Food and Rural Development, the Minister for Finance, the Minister for Foreign Affairs, the Minister for the Environment and Local Government, the Minister for Social, Community and Family Affairs, the Minister for Arts, Heritage, Gaeltacht and the Islands, the Minister for Justice, Equality and Law Reform, the Minister for Tourism, Sport and Recreation, the Minister for Health and Children and the Minister for the Marine and Natural Resources, has requested the Government to delegate by order under section 9
(1)of the National Treasury Management Agency (Amendment) Act, 2000 (No. 39 of 2000) the management of any claims to which the Order following applies against him or her or a State authority specified in column
(2)of the Table to Article 3 of the Order functions in relation to which are vested in him or her; NOW, the Government, in exercise of the powers conferred on them by that section 9
(1)of the National Treasury Management Agency (Amendment) Act, 2000 (No. 39 of 2000) order as follows: 1.
(1)This Order may be cited as the National Treasury Management Agency (Delegation and Conferral of Functions) Order, 2001.
(2)This Order shall come into operation on 3 December 2001. 2.
(1)In this Order - “Act of 2000” means National Treasury Management Agency (Amendment) Act, 2000 (No. 39 of 2000); “Agency” means National Treasury Management Agency; “claim” has the meaning given to it by section 7
(1)of the Act of 2000; “Minister” means Minister for Finance; “prison” has the meaning given to it by section 7
(2)of the Act of 2000 and “Governor”, in relation to a prison, shall be construed accordingly; “State authority” has the meaning given to it by section 7
(1)of the Act of 2000.
(2)A reference in this Order to an Article is a reference to an Article of this Order unless it is indicated that reference to some other provision is intended. 3. Subject to Article 4, this Order applies to a claim that - (a) is made against one or more Ministers of the Government or the State authorities specified in column
(2)of the Table to this Article either alone or with any other person, and (
- b)either - (
- i)is made before the commencement of this Order and is one as respects which the Agency and the State authority concerned determine that it should be managed by the Agency, or (
- ii)is made after such commencement irrespective of whether it relates to an act, omission or other matter occurring before or after such commencement or before the commencement of Part 2 of the Act of 2000. TABLE Minister of the Government in whom are vested functions in relation to a State authority mentioned in column
(2)of this Table opposite the mention of that Minister of the Government in column
(1)thereof State authority
(1)
(2)Taoiseach Attorney General Director General of the Central Statistics Office Director of Public Prosecutions Office of the Secretary to the President the State (whether or not described in the claim as Ireland) Minister for Enterprise, Trade and Employment Comptroller of Patents, Designs and Trade Marks Minister for Education and Science Board of management of a community school, or a comprehensive school, which is a recognised school within the meaning of section 2 of the Education Act, 1998 (No. 51 of 1998) Board of management of, or person for the time being managing, a school certified under section 45 of the Children Act, 1908, or a place of detention registered under section 108 of that Act, in which young offenders are detained Minister for Finance Civil Service Commissioners Commissioner of Valuation Commissioners of Public Works in Ireland Comptroller and Auditor General Office of the Houses of the Oireachtas Ombudsman Revenue Commissioners State Laboratory Minister for the Environment and Local Government Local Appointments Commissioners Minister for Arts, Heritage, Gaeltacht and the Islands National Gallery of Ireland Minister for Justice, Equality and Law Commissioner of the Garda Síochána Reform Courts Service Governor of a prison Registrar of Deeds Registrar of Titles 4. The following classes of claims are exempted from the delegation effected by this Order: (a) claims made against the Minister for Defence in respect of hearing loss, (b) claims made against the Minister for Health and Children by persons in respect of infection, directly or indirectly, with Hepatitis C through the administration of blood or blood products or in respect of related matters, (c) claims made against the Minister for Education and Science, the Minister for Health and Children or the Minister for Justice, Equality and Law Reform in respect of abuse of a child within the meaning of Section 1
(1)of the Commission to Inquire into Child Abuse Act, 2000 (No. 7 of 2000), (
- d)claims made against the Minister for Justice, Equality and Law Reform in respect of hearing loss, (
- e)claims made against one or more Ministers of the Government or the State authorities specified in the Table to Article 3 in respect of personal injury which include a claim in relation to liability for: (
- i)escape of anything brought onto land, (
- ii)animals, (iii) nuisance, (
- iv)defective products, (
- v)injurious falsehood, (
- vi)private nuisance, (vii) intentional infliction of mental suffering, (viii) malicious prosecution, (
- ix)malicious abuse of the civil process, (
- x)deceit, (
- xi)defamation, (xii) loss of consortium, (xiii) trespass to the person, (xiv) conversion, (
- xv)detinue, (xvi) passing off, (xvii) trespass to goods. (
- f)claims made against a Minister of the Government in respect of personal injury: (
- i)suffered by persons while on temporary release from a prison, (
- ii)caused by persons while on temporary release from a prison, (iii) suffered by an employee of the State, or of the Government, caused by a breach of the Employment Equality Act, 1998 (No. 21 of 1998), (
- iv)suffered by a member of the Garda Síochána or a member of the Defence Forces while in the service of the State, outside of the State. 5. The management of a claim to which this Order applies is delegated to the Agency. 6. It is declared that the Agency shall have the functions specified in section 9
(2)(a) of the Act of 2000. Given under the Official Seal of the Government 27 November 2001 Bertie Ahern Taoiseach EXPLANATORY NOTE (This note is not part of the Instrument and does not purport to be a legal interpretation). This Order provides for the delegation to and conferral on the National Treasury Management Agency of functions in relation to the management of claims against State authorities, as defined in the National Treasury Management Agency (Amendment) Act, 2000 . When performing these functions, the Agency will be known as the State Claims Agency. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais