CervicalCheck Tribunal Act 2019

JurisdictionIreland
CitationIR No. 31/2019
Year2019

Number 31 of 2019


CERVICALCHECK TRIBUNAL ACT 2019

REVISED

Updated to 23 May 2022


This Revised Act is an administrative consolidation of the CervicalCheck Tribunal Act 2019. 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 Merchant Shipping (Investigation of Marine Casualties) (Amendment) Act 2022 (8/2022), enacted 16 May 2022, and all statutory instruments up to and including the Cervicalcheck Tribunal Act 2019 (Commencement) Order 2022 (S.I. No. 240 of 2022), made 18 May 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 31 of 2019


CERVICALCHECK TRIBUNAL ACT 2019

REVISED

Updated to 23 May 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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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

CervicalCheck Tribunal (Amendment) Act 2021 (22/2021)

All Acts up to and including Merchant Shipping (Investigation of Marine Casualties) (Amendment) Act 2022 (8/2022), enacted 16 May 2022, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Cervicalcheck Tribunal Act 2019 (Commencement) Order 2022 (S.I. No. 240 of 2022)

Cervicalcheck Tribunal Act 2019 (Section 12(3A)) (Extension of Period for Making of Claims) Order 2022 (S.I. No. 28 of 2022)

Rules of the Superior Courts (CervicalCheck Tribunal) 2021 (S.I. No. 57 of 2021)

CervicalCheck Tribunal Act 2019 (Establishment Day) Order 2020 (S.I. No. 454 of 2020)

CervicalCheck Tribunal Act 2019 (Commencement) Order 2020 (S.I. No. 453 of 2020)

All statutory instruments up to and including Cervicalcheck Tribunal Act 2019 (Commencement) Order 2022 (S.I. No. 240 of 2022), made 18 May 2022, were considered in the preparation of this revision.


Number 31 of 2019


CERVICALCHECK TRIBUNAL ACT 2019

REVISED

Updated to 23 May 2022



Acts Referred to

Civil Liability (Amendment) Act 2017 (No. 30)

Civil Liability Act 1961 (No. 41)

Civil Liability Acts 1961 to 2017

Freedom of Information Act 2014 (No. 30)

Interpretation Act 2005 (No. 23)

Statute of Limitations (Amendment) Act 1991 (No. 18)

Statute of Limitations 1957 (No. 6)


Number 31 of 2019


CERVICALCHECK TRIBUNAL ACT 2019

REVISED

Updated to 23 May 2022


An Act to provide for the implementation of the Report on an Alternative System for Dealing with Claims Arising from CervicalCheck, in respect of the hearing and determination, outside of the court process, of claims arising from acts or omissions arising from CervicalCheck and, for those purposes, to make provision for the establishment of a body, to be known in the Irish language, as An Binse um CervicalCheck or, in the English language, as the CervicalCheck Tribunal; to make provision for the Tribunal, with the consent of the parties concerned, to hear and determine a certain limited number of claims made to it outside of the court process; to provide that a determination of the Tribunal shall be subject to confirmation by the High Court and subject to a right of appeal to the High Court; to make provision, in the public interest of restoring trust in CervicalCheck, for the making available to certain persons of facilities for the purposes of documenting experiences, facilitating discussion and providing information to such persons in respect of CervicalCheck; and to provide for related matters.

[23rd July, 2019]

Be it enacted by the Oireachtas as follows:

PART 1

Preliminary and General

1.

Short title and commencement

1. (1) This Act may be cited as the CervicalCheck Tribunal Act 2019.

(2) This Act shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

Annotations:

Editorial Notes:

E1

Power pursuant to subs. (2) exercised (23.05.2022) by Cervicalcheck Tribunal Act 2019 (Commencement) Order 2022 (S.I. No. 240 of 2022), in effect as per art. 2.

2. The 23rd day of May 2022 is appointed as the day on which the CervicalCheck Tribunal Act 2019 (No. 31 of 2019) shall, in so far as it is not already in operation, come into operation.

E2

Power pursuant to subs. (2) exercised (21.10.21) by CervicalCheck Tribunal Act 2019 (Commencement) Order 2020 (S.I. No. 453 of 2020), in effect as per arts. 3, 4.

3. The 21st day of October 2020 is appointed as the day on which Part 1 and section 4 of the Act of 2019 shall come into operation.

4. The 27th day of October 2020 is appointed as the day on which the following provisions of the Act of 2019 shall come into operation:

(a) sections 5 to 10 of Chapter 1 of Part 2;

(b) Chapters 2, 3, 4, 6 and 7 of Part 2;

(c) Part 3.

2.

Definitions

2. In this Act—

“Act of 1961” means the Civil Liability Act 1961;

“appropriate person” means—

(a) a relevant woman, or

(b) where a relevant woman has died, a dependant of the relevant woman concerned;

“CervicalCheck” means the national cervical screening programme initiated in 2008 by the National Cancer Screening Service Board and, since the dissolution of the Board on 1 April 2010, provided by the Executive;

“CervicalCheck cytology” means the cytology laboratory services retained by the Executive for the purposes of CervicalCheck;

“CervicalCheck non-disclosure ex-gratia scheme” means the scheme administered under that title by the Minister in furtherance of a decision of the Government of 11 March 2019;

“Chairperson” has the meaning assigned to it by section 6;

“claim” means a claim made in accordance with section 11;

“claimant” means a person who makes a claim in accordance with section 11;

“dependant” has the meaning assigned to it by Part IV of the Act of 1961;

“establishment day” shall be construed in accordance with section 4;

“Executive” means the Health Service Executive;

“Facilitator” has the meaning assigned to it by section 31;

“Minister” means the Minister for Health;

“notice of acceptance” has the meaning assigned to it by section 17;

“prescribed” means prescribed by Rules;

“relevant parties” means, in relation to a claim—

(a) the claimant,

(b) the Executive, and

(c) the cytology laboratory services retained by the Executive for the purposes of CervicalCheck;

“relevant woman” means—

(a) a woman—

(i) identified as part of the Review of Cervical Screening as having CervicalCheck cytology review findings that were discordant with those of the original cytology examination in relation to the woman concerned, or

(ii) whose cytology slides were sought, by the Review of Cervical Screening, to be re-examined as part of its review but where one or more of those slides could not be re-examined as part of that review by reason of circumstances beyond the control of the woman concerned,

or

(b) a woman who received a diagnosis of cervical cancer—

(i) who had a screening history through CervicalCheck,

(ii) whose diagnosis of cervical cancer was notified to CervicalCheck,

(iii) whose cytology slides were re-examined as part of the retrospective CervicalCheck cytology clinical audit, and

(iv) whose cytology review findings, following the re-examination in accordance with subparagraph (iii), were discordant with those of the original cytology examination in relation to the woman concerned;

“restoration of trust meeting” has the meaning assigned to it by section 32;

“retrospective CervicalCheck cytology clinical audit” means the lookback clinical audit of cytology slides in relation to 1,482 women carried out by CervicalCheck between 2008 and prior to 5 May 2018;

“Review of Cervical Screening” means the review commissioned by the Minister and conducted by a Clinical Expert Review Panel under the auspices of the Royal College of...

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