Garda Síochána (Compensation) (Amendment) Act, 1945

In short

This law amends the Garda Síochána (Compensation) Act, 1941, specifically regarding how compensation is calculated for deaths and allows for past compensation awards to be re-evaluated.

What it regulates

How financial loss is assessed when determining compensation for a death.
What factors judges must consider when fixing the amount of compensation.
The process for re-assessing compensation that was awarded before this Act came into force.
The relationship between new and original compensation amounts during re-assessment.

Who it concerns

Applicants seeking compensation under the Principal Act due to a death.
Individuals who were previously awarded compensation under the Principal Act for a death.

Key points

When determining loss, no account shall be taken of any property (including assets of the deceased) the applicant received due to the death.
Judges must consider financial loss (excluding inherited property), funeral expenses, medical/surgical expenses, expected future financial benefits from the deceased, and any non-financial loss.
Judges must also consider if the deceased was previously awarded compensation for the injuries that caused their death and the amount of such compensation.
Individuals awarded compensation before this Act can apply to the High Court within three months to have their compensation re-assessed, and the new compensation cannot be less than the original.

Legal text

Garda Síochána (Compensation) (Amendment) Act, 1945 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 ActsAchtanna 1945 Garda Síochána (Compensation) (Amendment) Act, 1945 Garda Síochána (Compensation) (Amendment) Act, 1945 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 1 of 1945. GARDA SIOCHANA (COMPENSATION) (AMENDMENT) ACT, 1945. ARRANGEMENT OF SECTIONS Section 1. The Principal Act. 2. Retrospective amendments of sections 8 and 10 of the Principal Act. 3. Re-assessment of compensation previously awarded under the Principal Act. 4. Short title and collective citation. Acts Referred to Gárda Síochána (Compensation) Act, 1941 No. 19 of 1941 Number 1 of 1945. GARDA SIOCHANA (COMPENSATION) (AMENDMENT) ACT, 1945. AN ACT TO AMEND, WITH RETROSPECTIVE EFFECT, THE GARDA SIOCHANA (COMPENSATION) ACT, 1941, AS REGARDS THE ASSESSMENT OF COMPENSATION IN RESPECT OF A DEATH, AND TO PROVIDE FOR THE RE-ASSESSMENT OF ANY SUCH COMPENSATION PREVIOUSLY ASSESSED. [21st February, 1945.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— The Principal Act. 1.—In this Act, the expression “the Principal Act” means the Gárda Síochána (Compensation) Act, 1941 (No. 19 of 1941). Retrospective amendments of sections 8 and 10 of the Principal Act. 2.—

(1)In determining, under subsection

(1)of section 8 of the Principal Act, whether an applicant for compensation under the Principal Act in respect of the death of a deceased person has suffered loss by the said death, no account shall be taken of any property (including assets of the deceased) to which the applicant has become entitled by reason of the said death.

(2)Subsection

(1)of section 10 of the Principal Act is hereby amended by the deletion of paragraph (

a)and the substitution therefor of the following paragraph— “(
a)the compensation shall be such sum as the judge thinks reasonable having regard to all the circumstances of the case and, in fixing the amount thereof, the judge, in addition to the matters which he is required by sub-section

(3)of this section to take into consideration, shall— (

i)have regard to the financial loss sustained by the applicant, but in so doing shall not take into account any property (including assets of the deceased) to which the applicant has become entitled by reason of the death of the deceased, (
ii)have regard to any funeral expenses incurred by the applicant in respect of the burial of the deceased and any medical or surgical expenses similarly incurred in respect of the injuries to the deceased which caused his death, (iii) take into consideration the financial benefits which the applicant might reasonably have expected to receive in the future from the deceased if the deceased had not died at the time at which he did die, (
iv)have regard to any loss (other than financial loss) sustained by the applicant, (
v)take into consideration the fact, if it is a fact, that, prior to his death, the deceased was awarded compensation under this Act in respect of the injuries which subsequently caused his death, and shall also take into account the amount (if any) of such compensation;”.

(3)Subsections

(1)and

(2)of this section shall be deemed to have come into force on, and shall have effect as on and from, the date of the passing of the Principal Act. Re-assessment of compensation previously awarded under the Principal Act. 3.—Where compensation (in this section referred to as the original compensation) under the Principal Act in respect of a death has been awarded before the date of the passing of this Act, the following provisions shall have effect— (a) the person to whom the original compensation was awarded may, within three months after the date of the passing of this Act, apply to the High Court to re-assess the compensation having regard to the amendments of the Principal Act effected by section 2 of this Act; (b) subsection

(2)(except paragraph (a)) of section 7 of the Principal Act shall apply in respect of the application; (

c)the amount of compensation (in this section referred to as the new compensation) fixed on such re-assessment shall not be less than the original compensation; (
d)if the new compensation is equal to the original compensation, the award of the original compensation shall stand and no sum shall be payable on foot of the new compensation; (
e)if the new compensation exceeds the original compensation, the new compensation shall be substituted for the original compensation and any payment made on foot of the original compensation shall be treated as a payment on foot of the new compensation. Short title and collective citation. 4.—

(1)This Act may be cited as the Gárda Síochána (Compensation) (Amendment) Act, 1945.

(2)The Principal Act and this Act may be cited together as the G[html]rda Síochána (Compensation) Acts, 1941 and 1945. 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

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