Central Bank (National Claims Information Database) Act 2018

• Jurisdiction: Ireland
• Citation: IR No. 42/2018

• Full Act
• Act by Section
• Act As Enacted
• Amendments
• PDF annotated
• PDF unannotated

---

Number 42 of 2018

---

CENTRAL BANK (NATIONAL CLAIMS INFORMATION DATABASE) ACT 2018

REVISED

Updated to 8 July 2022

---

This Revised Act is an administrative consolidation of the Central Bank (National Claims Information Database) Act 2018. 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 Eirgrid, Electricity and Turf (Amendment) Act 2022 (17/2022), enacted 7 July 2022, and all statutory instruments up to and including the Insurance (Miscellaneous Provisions) Act 2022 (Commencement) Order 2022 (S.I. No. 346 of 2022), made 7 July 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 42 of 2018

---

CENTRAL BANK (NATIONAL CLAIMS INFORMATION DATABASE) ACT 2018

REVISED

Updated to 8 July 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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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

• Insurance (Miscellaneous Provisions) Act 2022 (11/2022)

All Acts up to and including the Eirgrid, Electricity and Turf (Amendment) Act 2022 (17/2022), enacted 7 July 2022, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• Central Bank (National Claims Information Database) Regulations 2020 (S.I. No. 336 of 2020)

• Central Bank (National Claims Information Database) Regulations 2019 (S.I. No. 174 of 2019)

• Central Bank (National Claims Information Database) Act 2018 (Commencement) Order 2019 (S.I. No. 2 of 2019)

All statutory instruments up to and including Insurance (Miscellaneous Provisions) Act 2022 (Commencement) Order 2022 (S.I. No. 346 of 2022), made 7 July 2022, were considered in the preparation of this revision.

---

Number 42 of 2018

---

CENTRAL BANK (NATIONAL CLAIMS INFORMATION DATABASE) ACT 2018

REVISED

Updated to 8 July 2022

---

---

Acts Referred to

Central Bank (Supervision and Enforcement) Act 2013 (No. 26)

Central Bank Act 1942 (No. 22)

Civil Liability and Courts Act 2004 (No. 31)

Data Protection Act 2018 (No. 7)

Finance (Miscellaneous Provisions) Act 2015 (No. 37)

Insurance Act 1964 (No. 18)

Interpretation Act 2005 (No. 23)

Mediation Act 2017 (No. 27)

Personal Injuries Assessment Board Act 2003 (No. 46)

---

Number 42 of 2018

---

CENTRAL BANK (NATIONAL CLAIMS INFORMATION DATABASE) ACT 2018

Revised

Updated to 8 July 2022

---

An Act to confer a function on the Central Bank of Ireland with respect to the collection and study of data from insurance undertakings in relation to the carrying on of certain non-life insurance business in the State and, in particular, information on the income generated by, and costs associated with, the carrying on of such business; for those purposes to amend Schedule 2 to the Central Bank Act 1942 and section 22 of the Central Bank (Supervision and Enforcement) Act 2013 ; in relation to personal injuries actions, to amend, in certain respects, the Civil Liability and Courts Act 2004; and to provide for related matters.

[27th December , 2018]

Be it enacted by the Oireachtas as follows:

1.

“Claim” - meaning of that expression

1. In this Act “claim” means an event or an alleged event that is—

(a) recorded in writing by an insurance undertaking as having been notified to it, and

(b) treated, for the time being, by the undertaking as giving rise to an actual or potential liability, on the part of the undertaking, under a policy to which it is party.

2.

Claims to which Act applies

2. (1) This Act applies to a claim if, as respects the claim, the liability (actual or potential), as referred to in section 1, of the insurance undertaking concerned is in respect of a risk falling within a relevant class of non-life insurance, where that risk is an Irish-based risk.

(2) A reference in this Act to a “relevant claim” shall be construed as a reference to a claim to which this Act applies.

3.

“Relevant non-life insurance business” - meaning of that expression

3. In this Act “relevant non-life insurance business” means business comprising relevant classes of non-life insurance, the risks that fall within such classes being Irish-based risks.

4.

Interpretation

4. (1) In this Act—

“Act of 1942” means the Central Bank Act 1942;

“Act of 1964” means the Insurance Act 1964;

“Bank” means the Central Bank of Ireland;

“business expenses” means the expenses incurred by an insurance undertaking in acquiring and providing relevant classes of non-life insurance business;

“claim” has the meaning assigned to it by section 1;

“class of non-life insurance”, means any class of insurance, other than class 2, referred to in Part 1 of Schedule 1 to the European Union (Insurance and Reinsurance) Regulations 2015 (S.I. No. 485 of 2015);

“direct negotiation” includes negotiation involving, in whole or in part, the services of a solicitor or counsel;

“insurance undertaking” has the meaning assigned to it by section 15 of the Finance (Miscellaneous Provisions) Act 2015;

“Irish-based risk” means a risk, falling within a relevant class of non-life insurance, that, by virtue of regulations under section 7 (1), is regarded, for the purposes of this Act, as a risk based in the State;

“large relevant claim” means a relevant claim, the estimated or realised settlement or award value of which is not less than €150,000;

“MIBI Agreement” means the Agreement on the Compensation of Uninsured Road Accident Victims dated 29 January 2009 between the Minister for Transport and the Motor Insurers’ Bureau of Ireland and includes any subsequent agreement which amends or replaces that Agreement;

“MIBI payments” means payments made, in respect of a particular year, by an insurance undertaking, pursuant to the MIBI Agreement, to the Motor Insurers’ Bureau of Ireland, including any payments made, in respect of that year, by the undertaking to the latter body in respect of changes in the reserves of the latter during that year;

“Minister” means the Minister for Finance;

“policy” has the meaning assigned to it by section 1 of the Act of 1964;

F1["public moneys" means moneys charged on or issued out of the Central Fund or the growing produce thereof or provided by the Oireachtas;]

“relevant claim” shall be construed in accordance with section 2(2);

“relevant class of non-life insurance” means any class of non-life insurance that, by virtue of regulations under section 6(3), is specified to be a relevant class of non-life insurance for the purposes of this Act;

“relevant non-life insurance business” has the meaning assigned to it by section 3;

“settlement channel” shall be construed in accordance with subsection (2).

(2) A reference in this Act to a settlement channel shall be construed as a reference to the means by which a relevant claim is either—

(a) finally resolved - as referred to in subsection (4)(a), or

(b) finally disposed of in the insurance undertaking’s favour - as referred to in subsection (4)(b),

being any means that—

(i) involves a step or proceedings referred to in any of paragraphs (a) to (h) of subsection (3) being taken, or

(ii) without prejudice to what is referred to in paragraph (i), involves 2 or more steps or proceedings referred to in any of the foregoing paragraphs of subsection (3) (or elements of any of those steps or proceedings) being taken in a sequence whereby the final stage of them, in the opinion of the Bank, represents in practice a means by which a relevant claim may be so resolved or disposed of,

and a reference to the particular settlement channel used shall be construed as a reference to the particular step or proceedings, so referred to and taken (or, in the case of paragraph (ii), that which represents the final stage, as described in that paragraph, in the particular sequence of steps, proceedings or elements of them).

(3) Each of the following, in relation to a relevant claim, is a step or proceedings referred to...