STATUTORY INSTRUMENTS.

S.I. No. 526 of 2004 .

DISTRICT COURT (PERSONAL INJURIES ASSESSMENT BOARD ACT 2003) RULES, 2004.

S.I. No. 526 of 2004 .

DISTRICT COURT (PERSONAL INJURIES ASSESSMENT BOARD ACT 2003) RULES, 2004.

The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act, 1924 , section 72 of the Courts of Justice Act, 1936 , section 17 of the Interpretation Act, 1937 [as applied by section 48 of the Courts (Supplemental Provisions) Act, 1961 ] and section 34 of the Courts (Supplemental Provisions) Act, 1961 , do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the following Rules of court:

1. These rules may be cited as the District Court (Personal Injuries Assessment Board Act 2003) Rules 2004.

2. These Rules shall come into operation on the 8th day of September 2004 and shall be read together with all other District Court Rules for the time being in force.

3. The District court Rules 1997 ( S.I. No. 93 of 1997 ) shall be amended:

(a) by the insertion in Order 7, immediately following rule 6 thereof, of the following rule:

“6A. (1) An application by the next friend, committee or other person referred to in subsection (1) of section 35 of the Act shall be made to a Judge of the District Court assigned to the district within which the claimant ordinarily resides.

(2) Such application shall be by notice of application in the Form 7.6, Schedule C and shall be addressed to the respondent by name and shall be served by the applicant on the respondent not later than seven days before the date of the sitting for which the application is returnable. Such notice shall be served

(a) by delivering it to the respondent:

(b) by leaving it at the address at which the respondent ordinarily resides or, in a case in which an address for service has been furnished by the respondent, at that address, or

(c) by sending it by post in a prepaid registered letter to the address at which the respondent ordinarily resides or, in a case in which an address for service has been furnished, to that address.

(3) The original notice, together with a statutory declaration as to service thereof shall be lodged with the Clerk at least two days before the said date of hearing.

(4) Where the Court approves an assessment in accordance with this rule it may give directions as to how the amount recoverable by the minor or person of unsound mind is to be dealt with, including a direction for lodgement in Court and investment of the amount concerned.

(5) The Clerk shall send by ordinary pre-paid post or by e-mail to the Personal Injuries Assessment Board a certified copy of any order made pursuant to this rule.

(6) In the event of an order to pay issuing in accordance with section 38 of the 2003 Act, a copy thereof shall be sent forthwith by the Personal Injuries Assessment Board to the Clerk by ordinary pre-paid post or by e-mail”.

(b) by the insertion in Order 39, immediately following sub-rule (1) of rule 4 thereof, of the following sub-rule:

“(1A) In the case of proceedings the bringing of which requires to be authorised in accordance with sections 14, 17, 32, 36 or 49, or rules under section 46(3) of the Personal Injuries Assessment Board Act, 2003, the civil summons shall contain a statement

(a) confirming that the proceedings have been authorised by the Personal Injuries Assessment Board,

(b) specifying the section of the Personal Injuries Assessment Board Act, 2003 or the rule made under section 46(3) of that Act in accordance with which such authorisation has been issued, and

(c) citing the date of issue of the authorisation and any reference or record number relating to such authorisation.”

(c) by the insertion immediately following Order 46B of the following rule:

“Order 46C

Personal Injuries Assessment Board Act 2003

1. In this Order--

“the Act” means the Personal Injuries Assessment Board Act 2003 (No. 46 of 2003):

the expression “assessors”, shall have the meaning given to it by sub-section (2) of section 20 of the Act,

the expressions “Board” and “claimant” shall have the meanings given to each of them by section 4 of the Act.

2 (1) An application by assessors for an order pursuant to sub-section (2) of Section 27 of the Act shall be made at a sitting of the District Court in the district within which the person against whom the order concerned is sought resides or carries on business.

(2) Such application shall be by notice of application in the Form 46C.1, Schedule C and shall he addressed to the respondent by name and shall be served by the applicant not later than seven days before the date of the sitting for which the application is returnable. Such notice shall be served

(a) by delivering it to the respondent:

(b) by leaving it at the address at which the respondent ordinarily resides or, in a case in which an address for service has been furnished, at that address; or

(c) by sending it by post in a prepaid registered letter to the address at which the respondent ordinarily resides or, in a case in which an address for service has been furnished, to that address.

(3) The original notice, together with a statutory declaration as to service thereof shall be lodged with the Clerk at least two days before the said date of hearing.

(4) An order made pursuant to sub-section (2) of Section 27 of the Act on such application shall be in the Form 46C.2, Schedule C.”

(d) by the insertion in Order 53, immediately following rule 17 thereof, of the following rule:

“18. The provisions of these Rules which relate to the enforcement of any judgment of a court shall apply, with any necessary modifications, to any order to pay issued by the Personal Injuries Assessment Board pursuant to section 38(1) of the Personal Injuries Assessment Board Act 2003 and any Form in Schedule C to these Rules which contains a reference to a judgment may be adapted to refer to such an order to pay”.

4. The Forms numbered 7.6. 46C.1 and 46C.2 in the Schedule hereof shall be added to the Forms in Schedule C of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ).

SCHEDULE

Schedule C O. 7, r.6A

Form 7.6

PERSONAL INJURIES ASSESSMENT BOARD ACT 2003, Section 3-5

NOTICE OF APPLICATION

District Court Area of

District No.

In the matter of an application to the Personal Injuries Assessment Board by ............................................................ ............................................................ ............... Claimant

............................................................ ............................................................ ....................................

Applicant

............................................................ ............................................................ ....................................

Respondent

WHEREAS an assessment has been made on............. .................... 20...... under-section 20 of the above-named Act in respect of the above claim against you, the respondent, and such assessment is, subject to approval under section 35 of the above-named Act. accepted by the

*next friend

*committee

*person proposing to bring the action for damages

TAKE NOTICE that I will apply at the sitting of the District Court to be held at ............................................................ ............................................................ ................................

on the .............. day of .............. 20....... at............... a.m./p.m. for an order under sub-section (2) of Section 35 of the above-named Act, approving that assessment.

Dated this          day of                                20

Signed.....................................

(Solicitor for the) Applicant

To. The above named respondent

Of

To the District Court Clerk,

District Court Office at.......................................

*delete if inapplicable

Schedule C O. 46C, r.2

Form 46C.1

PERSONAL INJURIES ASSESSMENT BOARD ACT 2003, Section 27

NOTICE OF APPLICATION

District Court Area of           District No.

In the matter of an application to the PersonalInjuries Assessment Board by ............................................................ ............................................................ ............... Claimant

............................................................ ............................................................ ....................................

Applicant

............................................................ ............................................................ ....................................

Respondent

WHEREAS a request was made on................................. 20............ *pursuant to sub-section (1) of section 26 *pursuant to sub-section (2) of section 26 of the above-named Act to you, the above-named respondent, by assessors assigned by the Personal Injuries Assessment Board the performance of functions under Chapter 2 of Part 2 of the above-named Act

*to furnish to them such records, documents, or other information in your possession or control as they reasonably requested for the purpose of--

*(a)  verifying any item of loss alleged by the above-named claimant in his/her relevant claim

*(b)  complying with the provisions of any enactment that requires specified amounts to be deducted or specified matters to be taken account of in the making of an assessment of damages

*to furnish to them for the purpose specified in section 26(3) of the above-named Act relevant particulars in relation to a mechanically propelled vehicle contained in a database that is maintained for the purposes of any Community act.

AND WHEREAS you have *failed/*refused to comply with the said request.

TAKE NOTICE that I will apply at the sitting of the District Court to be held at ............................................................ ............................................................ ..

on the ........... day of .................... 20....... at................. a.m./p.m. for an order under sub-section (2) of Section 27 of the aforesaid Act, directing you to comply with the said request.

Dated this          day of                                20

Signed........................................

(Solicitor for the) Applicant

To.   The above named respondent

Of

To.   the District Court Clerk,

District Court Office at.......................................

*delete if inapplicable

Schedule C: O. 46C, r.2

Form 46C.2

PERSONAL INJURIES ASSESSMENT BOARD ACT 2003, Section 27 ORDER

District Court Area of           District No.

In the matter of an application to the Personal Injuries Assessment Board by ............................................................ ............................................................ ............... Claimant

............................................................ ............................................................ ....................................

Applicant

............................................................ ............................................................ ....................................

Respondent

WHEREAS on the hearing of an application of the above-named applicant for an order directing the respondent to comply with a request pursuant to

*sub-section (1) of section 26 of the above-named Act

*sub-section (2) of section 26 of the above-named Act

made to the respondent on........ ............... 20

The Court being satisfied that the respondent was duly served with notice of the application herein.

IT IS ORDERED AND DIRECTED that the respondent do forthwith comply with the said request.

Dated this          day of                                20

Signed...........................................

Judge of the District Court

NOTE:-- section 27(3) of the above-named Act provides that a person who fails or refuses to comply with an order made under subsection (2) shall be guilty of an offence. A person guilty of an offence under the above-named Act shall be liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 6 months or both.

Given this 26th day of July 2004.

Peter Smithwick, Chairman;

Uinsin Mac Gruairc;

John P. Brophy;

Mary C. Devins;

Thomas E. O'Donnell;

Hugh O'Neill;

David Kelly;

Noel Rubotham;

Elizabeth Hughes, Secretary.

I concur in the making of the foregoing rules

Dated this 25th day of August 2004

MICHAEL McDOWELL

Minister for Justice, Equality and Law Reform.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Rules amend various Orders of the District Court Rules 1997 ( S.I. No. 93 of 1997 ) to facilitate actions under the Personal Injuries Assessment Board Act 2003 .