Personal Injuries Resolution Board Act 2022

Personal Injuries Resolution Board Act 2022 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.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2022 Personal Injuries Resolution Board Act 2022 Personal Injuries Resolution Board Act 2022 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 42 of 2022 PERSONAL INJURIES RESOLUTION BOARD ACT 2022 CONTENTS Section

Section 1

Section 2

Section 3

Section 4

Section 5

Section 6

Section 7

Section 8

Section 9

Section 10

Section 11

Section 12

Section 13

Section 14

Section 15

Section 16

Section 17

Section 18

Section 19

Section 20

Section 21

Section 22

Section 23

Section 24

Section 25

Definitions 1. In this Act— “Minister” means the Minister for Enterprise, Trade and Employment; “Principal Act” means the Personal Injuries Assessment Board Act 2003 .

Change of name of Board 2. (1) The Personal Injuries Assessment Board, shall on and from such day as the Minister appoints by order be known, in the Irish language, as An Bord um Réiteach Díobhálacha Pearsanta and, in the English language, as the Personal Injuries Resolution Board.

Amendment of section 11 of Principal Act 3. Section 11 of the Principal Act is amended— (a) by the substitution of the following subsection for subsection (1): “(1) A claimant— (a) shall make an application under this section to the Board for an assessment to be made under section 20 of his or her relevant claim, and (b) may apply for resolution of his or her relevant claim by way of mediation under Chapter 1A.”, (b) in subsection (3), by the insertion of the following paragraph after paragraph (b): “(ba) copies of any documentation concerning the identity of the claimant where such claimant does not have a personal public service number (within the meaning of section 262 of the Social Welfare Consolidation Act 2005 ),”, and (c) by the insertion of the following subsection after subsection (3): “(3A) Notwithstanding subsection (2) and any rules under section 46, an application under this section made on or after the commencement of section 3 (c) of the Personal Injuries Resolution Board Act 2022 shall not be an application for the purposes of section 50, unless it is signed by the claimant and includes confirmation of each of the following: (a) the claimant’s name, date of birth, phone number, and the address at which he or she ordinarily resides; (b) the claimant’s personal public service number (within the meaning of section 262 of the Social Welfare Consolidation Act 2005 ) or, in any case where the claimant does not have a personal public service number, such other documentation concerning his or her identity as may be specified by rules under section 46; (c) the name and address of the person or each of the persons who the claimant alleges in the application is or are liable to him or her in respect of the accident or incident concerned; (d) the date and time on which it is alleged that the accident or incident the subject of the application occurred; (e) a description of how and where it is alleged that the accident or incident the subject of the application occurred; (f) a description of the personal injuries allegedly sustained by the claimant in the accident or incident the subject of the application; (g) that the medical report enclosed with the application describes the personal injuries allegedly sustained by the claimant in the accident or incident the subject of the application.”.

Amendment of section 13 of Principal Act 4. Section 13 of the Principal Act is amended by the substitution of the following subsection for subsection (2): “(2) The notice under subsection (1)(b) is a notice stating that the Board has received an application made under section 11 by the claimant and requesting the respondent to state to the Board in writing, within the period specified in the notice, whether he or she consents to— (a) an assessment being made under section 20 of the claimant’s relevant claim, (b) mediation of the relevant claim under Chapter 1A, where the claimant has applied for resolution of his or her relevant claim under that Chapter, or (c) both an assessment referred to in paragraph (a) and mediation referred to in paragraph (b).”.

Amendment of section 14 of Principal Act 5. Section 14 of the Principal Act is amended by the substitution of the following subsection for subsection (1): “(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.”.

Making of statement referred to in section 14(1)(a) or 14(1)(c)(i) or omission to make statement referred to in section 14(1)(c)(ii) not an admission of liability 6. The Principal Act is amended by the substitution of the following section for section 16: “16. Neither a statement referred to in subsection (1)(a) or (1)(c)(i) of section 14 nor a failure of the kind mentioned in subsection (1)(c)(ii) of that section shall constitute an admission of liability by the respondent concerned or be capable of being used in evidence against him or her in any proceedings or operate in any manner to prejudice any proceedings.”.

Amendment of section 17 of Principal Act 7. Section 17 of the Principal Act is amended— (a) in subsection (1)— (i) in paragraph (a), by the substitution of “section 14(1)(c)(i)” for “section 14(1)(a)”, (ii) in paragraph (b) by the substitution of “section 14(1)(c)(ii)” for “section 14(1)(b)”, (iii) in paragraph (ii), by the deletion of subparagraph (II), and (iv) by the deletion of paragraph (iii), (b) by the insertion of the following subsection after subsection (1): “(1A) Despite the making by a respondent of a statement referred to in section 14(1)(a), the Board shall not be required to arrange for mediation under Chapter 1A of the relevant claim concerned (or, as appropriate, shall discontinue any such mediation which it has arranged) if any of paragraphs (i) to (ix) of subsection (1) applies in relation to the relevant claim concerned.”, and (c) in subsection (3), by the insertion of “or the carrying out of mediation under Chapter 1A” after “an assessment under section 20”.

Amendment of section 18 of Principal Act 8. Section 18 of the Principal Act is amended, in subsection (3), by the substitution of the following paragraphs for paragraphs (a) and (b): “(a) not arrange for the making of an assessment of, or the carrying out of mediation in relation to, the relevant claim concerned, or (b) if any step in the making of that assessment or carrying out of that mediation, or consequent on the making of that assessment or carrying out of that mediation, has already been taken, cause no further step to be taken in the making of that assessment or carrying out of that mediation or consequent on its making or carrying out,”.

Mediation 9. The Principal Act is amended, in Part 2, by the insertion of the following Chapter after Chapter 1: “Chapter 1A Mediation Application and definitions 18A. (1) This Chapter applies to— (a) a relevant claim in respect of which an application was, before the commencement of this section, made under section 11 where— (i) an authorisation has not issued in respect of the relevant claim concerned, and (ii) neither the claimant nor any of the respondents have— (I) responded to a notice served in accordance with section 30, nor (II) been deemed to have accepted or not accepted, as the case may be, an assessment in accordance with section 31, and (b) a relevant claim in respect of which an application was, on or after the commencement of this section, made under section 11.

Mediation process 18B. (1) Notwithstanding anything contained in this Part the Board may, where it considers it appropriate— (a) invite the parties to consider mediation as a means of attempting to resolve the relevant claim, and (b) provide the parties with information about the objectives and benefits of mediation in attempting to resolve the relevant claim.

Mediation outcome and report 18C. (1) As soon as practicable after the mediation is completed, the mediator shall prepare a report containing the following namely: (a) a statement of what matters, if any, relating to the dispute are agreed by the parties to be matters of fact; (b) a summary in writing, signed by the parties, of the matter or matters, if any, whether they go in whole or part to resolving the dispute or not, agreed to by the parties; and (c) relevant particulars in relation to the conduct of the mediation (including particulars in relation to the number and duration of sessions held by the mediator and the persons who participated in any such session or sessions), and a list of any documents submitted to the mediator (but without disclosing any of their contents).

Appointment of mediators 18D. (1) The Board may from time to time appoint such and so many persons, not being members of staff of the Board, as it considers appropriate to carry out the mediation functions assigned to them by the Board.

Provisions relating to mediators 18E. (1) In respect of a matter dealt with by him or her under this Chapter, a mediator shall— (a) declare to the parties at the outset of dealing with the matter any potential conflict of interest of which he or she is aware or ought to reasonably be aware, and (b) maintain the confidentiality of the proceedings concerned and shall not disclose any report prepared by him or her under section 18C otherwise than in accordance with that section.

Power of the Board to make procedural rules relating to mediation 18F. (1) Subject to the provisions of this Chapter, the Board may make rules concerning the procedures to be followed under this Chapter.

Amendment of section 19 of Principal Act 10. Section 19 of the Principal Act is amended by the substitution of “section 14(1)(c)” for “section 14(1)”.

Amendment of section 22 of Principal Act 11. Section 22 of the Principal Act is amended— (a) by the substitution of the following subsection for subsection (1): “(1) The Board, with the consent of the Minister may, and if directed by the Minister to do so shall, make regulations enabling the Board to impose the charges referred to in subsection (2) in respect of the dealing by the Board with an application under section 11 in relation to a relevant claim.”, (b) in subsection (2)— (i) in paragraph (b), by the substitution of “specified in those regulations,” for “specified in those regulations, and”, and (ii) by the insertion of the following paragraph after paragraph (b): “(ba) a charge, additional to that referred to in paragraph (b), on the respondent or, as the case may be, each of the respondents of an amount specified in those regulations for failure to pay within the period provided for by those regulations, and”, and (c) by the insertion of the following subsection after subsection (7): “(7A) A respondent referred to in section 14(1) shall be liable to the Board for any and all charges incurred by the Board in respect of the respondent in relation to the relevant claim concerned pursuant to regulations made under this section.”.

Amendment of section 38 of Principal Act 12. Section 38 of the Principal Act is amended— (a) in subsection (1), by the substitution of “an assessment or an agreement under section 18C(1)(b)” for “an assessment”, and (b) in subsection (2)— (i) in paragraph (a), by the substitution of “the Social Welfare Consolidation Act 2005 ,” for “the Social Welfare Consolidation Act 2005 , and”, (ii) in paragraph (b)(ii), by the substitution of “those sections, and” for “those sections”, and (iii) by the insertion of the following paragraph after paragraph (b): “(c) to the Board, the amount of any outstanding charges payable to the Board by the respondent in accordance with regulations under section 22.”.

Amendment of section 49 of Principal Act 13. Section 49 of the Principal Act is amended— (a) in subsection (3), by the substitution of “section 14(1)(c)(ii)” for “section 14(1)(b)”, (b) by the insertion of the following subsection after subsection (6): “(6A) Where a claimant who has consented under subsection (6), subsequently gives notice in writing to the Board of the withdrawal of his or her consent, it shall be the duty of the Board, as soon as may be after the date of the notice, to issue to the claimant a document that contains the statement and operates to have the effect mentioned in subsection (8).”, and (c) by the substitution of the following subsection for subsection (7): “(7) A document referred to in subsection (6) or (6A) is also referred to in this Act as an ‘authorisation’.”.

Assessment of relevant claims where long term prognosis is awaited 14. The Principal Act is amended by the insertion of the following section after section 49— “49A. (1) Without prejudice to section 49, and subject to subsection (5), where it appears to the Board having regard to— (a) a report referred to in section 11(3)(c), or (b) a medical examination under section 24(2), that a long term prognosis in respect of the personal injury or injuries to which the relevant claim relates is unlikely to be available within the period referred to in section 49(2), the Board shall, by notice in writing served on the claimant and the respondent or respondents before the expiration of that period, inform each of them that it will not be possible or appropriate to make an assessment within that period.

Amendment of section 50 of Principal Act 15. Section 50 of the Principal Act is amended— (a) in paragraph (a), by the substitution of “36, 49 or 49A” for “36 or 49”, and (b) in paragraph (b), by the substitution of “36, 49 or 49A” for “36 or 49”.

Amendment of section 51A of Principal Act 16. (1) Section 51A of the Principal Act is amended— (a) by the substitution of the following subsection for subsection (3): “(3) Subject to subsections (6) and (7) and notwithstanding section 169 of the Legal Services Regulation Act 2015 , if, as respects a relevant claim to which this section applies, a claimant brings proceedings in accordance with this Act, no award of costs nor any other order providing for payment of costs may be made in favour of the claimant where the amount of damages (if any) awarded on foot of, or accepted in settlement of, those proceedings does not exceed the amount of the assessment referred to in subsection (2).”, (b) by the insertion of the following subsection after subsection (3): “(3A) (a) Subject to subsections (6) and (7), if, as respects a relevant claim to which this section applies, a claimant brings proceedings in accordance with this Act a respondent, as the defendant in the relevant proceedings, shall be deemed to have made an offer of tender of payment pursuant to rules of court on the relevant date equal to the amount of the assessment in relation to the relevant claim concerned. (b) Where the court finds that the defendant was not in a position to pay a sum equal to the amount of the assessment on the relevant date the court may, by special cause shown and mentioned in the order, direct that paragraph (a) shall not apply. (c) In this subsection— ‘relevant date’ means the date on which— (i) the respondent made a statement in writing, in response to a notice under section 30, that he or she accepted the assessment, or (ii) the respondent was deemed, by virtue of section 31, to have accepted the assessment.”, (c) in subsection (4)— (i) by the substitution of “In subsections (3) and (3A)” for “In subsection (3)”, and (ii) in paragraph (a), by the substitution of “section 14(1)(c)(ii)” for “section 14(1)(b)”, (d) in subsection (5), by the substitution of “Subsections (3) and (3A) apply” for “Subsection (3) applies”, (e) in subsection (6), by the substitution of “Subsections (3) and (3A) do not apply” for “Subsection (3) does not apply”, and (f) in subsection (7), by the substitution of “Subsections (3) and (3A) do not operate” for “Subsection (3) does not operate”.

Amendment of section 54 of Principal Act 17. Section 54 of the Principal Act is amended, in subsection (1), by the insertion of the following paragraphs after paragraph (a): “(aa) to facilitate the resolution of relevant claims, within the meaning of Part 2, by mediation in accordance with Chapter 1A of that Part, (ab) to collect and publish on its website information in relation to personal injury claims, including information concerning personal injury awards provided for in the personal injuries guidelines (within the meaning of section 2 of the Judicial Council Act 2019 ), (ac) to conduct, or commission the conduct of, research, studies and analysis on such matters relating to the functions of the Board as the Board considers appropriate, (ad) to collect and compile information for the purposes referred to in paragraph (ac), in such form and manner as the Board considers appropriate, and to publish any findings following the research, studies and analysis referred to in that paragraph as the Board considers appropriate, (ae) to promote public awareness of, and conduct public information campaigns in relation to, the work of the Board,”.

Amendment of section 54A of Principal Act 18. Section 54A of the Principal Act is amended, in subsection (1), by the substitution of “paragraph (ab), (ac), (ad), (c), (d), or (e)” for “paragraph (c), (d) or (e)”.

Amendment of section 69 of Principal Act 19. Section 69 of the Principal Act is amended, in subsection (2)— (a) in paragraph (c), by the substitution of “a member of staff of the Board,” for “a member of staff of the Board, and”, and (b) by the insertion of the following paragraph after paragraph (c): “(ca) a person appointed under section 18D, and”.

Amendment of section 73 of Principal Act 20. Section 73 of the Principal Act is amended by the insertion of the following subsection after subsection (3): “(3A) Nothing in subsection (1) shall prevent the disclosure of information to any member of the Garda Síochána if that information, in the opinion of the Board, may relate to the commission of an offence.”.

Board shall provide information requested by Minister 21. The Principal Act is amended by the insertion, after section 73, of the following section: “73A. (1) Subject to subsection (2) and section 73, the Board shall provide the Minister with such information as he or she may, from time to time, request in relation to the performance by the Board of its functions.

Offences: false or misleading information 22. The Principal Act is amended by the insertion of the following section after section 80: “80A. (1) A person who knowingly, or recklessly, provides the Board with information which is false or misleading in a material particular in connection with an application under section 11 is guilty of an offence.

Review of amendments effected by this Act 23. (1) The Minister shall— (a) not later than 18 months after the commencement of this section, commence a review of the operation of the amendments effected to the Principal Act by this Act, and (b) not later than 12 months after the commencement of a review under paragraph (a), or on the completion of the review, whichever is the earlier, prepare a report, in writing, of the findings of the review and of the conclusions drawn from those findings and cause copies of the report to be laid before each House of the Oireachtas.

Amendment of Freedom of Information Act 2014 24. The Freedom of Information Act 2014 is amended, in Part 1 of Schedule 1— (a) in paragraph (am), by the substitution, in subparagraph (iv) of “any HBFI group entity,” for “any HBFI group entity.”, and (b) by the insertion of the following paragraph after paragraph (am): “(an) the Personal Injuries Resolution Board, insofar as it relates to records concerning mediation carried out by the Personal Injuries Resolution Board under Chapter 1A of Part 2 of the Personal Injuries Assessment Board Act 2003 .”.

Short title, commencement and collective citation 25. (1) This Act may be cited as the Personal Injuries Resolution Board Act 2022.

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