Personal Injuries Assessment Board Rules, 2019.

Date04 April 2019
Published date09 April 2019
Statutory Instrument No.140/2019

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 9th April, 2019.

The Personal Injuries Assessment Board, in exercise of the powers conferred on it by section 46 of the Personal Injuries Assessment Board Act 2003 , hereby makes the following Rules:

1. These Rules may be cited as the Personal Injuries Assessment Board Rules, 2019.

2. In these Rules –

“the Act” means the Personal Injuries Assessment Board Act 2003 ,

“the Appendix” means the Appendix to these Rules,

“the Board” means the Personal Injuries Assessment Board,

“the Minister” means the Minister for Business, Enterprise and Innovation.

3. (1) An application under section 11 of the Act shall –

(a) be made in writing or in electronic form,

(b) contain such information as may from time to time be specified by the Board, and

(c) be accompanied by the following documents:

(i) a copy of a document that has been given or sent, by or on behalf of the claimant, to the person or persons whom he or she believes to be liable to pay compensation to him or her in respect of the claim, notifying the person or persons of his or her relevant claim and seeking the payment of compensation, which copy shall indicate the date on which the document was so given or sent;

(ii) copies of any other correspondence between the claimant and that person or those persons in relation to the relevant claim,

(iii) a report, containing such information as may from time to time be specified by the Board, prepared by a medical practitioner who has treated the claimant in respect of the personal injuries, the subject of the relevant claim, in relation to those injuries,

(iv) receipts, vouchers or other documentary proof in relation to loss or damage in respect of which special damages are being sought in the relevant claim;

(v) any other document that the claimant considers relevant to the claim,

(vi) any other document that the Board or any member of the staff of the Board duly authorised in that behalf by the Board considers relevant to the claim and specifies in a notice in writing given or sent to the claimant before the receipt by the Board of the application.

(2) An application under section 11 of the Act shall be accompanied by such charge in relation to an application as may be imposed on the claimant by the Board pursuant to Regulations made by the Minister under section 22 of the Act.

(3) In relation to a relevant claim, the date of –

(a) the receipt by the Board of an application under section 11 of the Act for the purposes of section 13 of that Act, and

(b) the making of an application under section 11 of the Act, for the purposes of section 50 (a) of that Act,

shall be the date on which the application in a form specified in sub rule (1)(a), containing the information specified in sub rule (1)(b) is acknowledged in writing as having been received by the Board.

4. Any notice to be served under section 13(1)(b) of the Act on the person or each of the persons who the claimant alleges in an application under section 11 of the Act is or are liable to him or her in respect of the relevant claim shall be in the form specified in Form No. 1 of the Appendix.

5. The Board may supply a copy of any records or other documents furnished by a claimant, a respondent or any other person to it pursuant to the Act or the exercise by it or any member of its staff of powers under the said Act, to a respondent, a claimant or as the case may be such other person as the Board considers appropriate in...

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