LAW REFORM (PERSONAL INJURIES) ACT, 1958

SCHEDULE Enactments Repealed

Enactments Repealed

Section 3.

Session and Chapter or Number and Year

Session and Chapter or Number and Year

Short Title

Short Title

Extent of Repeal

Extent of Repeal

(1)

(1)

(2)

(2)

(3)

(3)

43 & 44 Vic. c. 42.

43 & 44 Vic. c. 42.

Employers' Liability Act, 1880.

Employers' Liability Act, 1880.

The whole Act.

The whole Act.

No. 47 of 1923.

No. 47 of 1923.

Expiring Laws Act, 1923.

Expiring Laws Act, 1923.

In the First Schedule, the entries relating to the Employers' Liability Act, 1880.

In the First Schedule, the entries relating to the Employers' Liability Act, 1880.

Common employment not to be a defence.

Common employment not to be a defence.

1

1.—(1) In this section “personal injuries” includes any disease and any impairment of a person's physical or mental condition, and “injured”shall be construed accordingly.

(2) It shall not be a defence to an employer who is sued in respect of personal injuries caused by the negligence of a person employed by him that such person was, at the time the injuries were caused, in common employment with the person injured.

(3) Any provision contained in a contract of service or apprenticeship or in an agreement collateral thereto (including a contract or agreement entered into before the passing of this Act) shall be void in so far as it would have the effect of excluding or limiting any liability of the employer in respect of personal injuries caused to the person employed or apprenticed by the negligence of persons in common employment with him.

(4) The defence of common employment shall not be open to the Minister for Finance in any proceedings brought against him under section 170 of the Road Traffic Act, 1933 (No. 11 of 1933), or under section 7 of the Fatal Injuries Act, 1956 (No. 3 of 1956).

Provisions as to pending legal proceedings.

Provisions as to pending legal proceedings.

2

2.—Nothing in this Act shall affect any legal proceedings commenced before the date of the passing of this Act.

Repeals.

Repeals.

3

3.—The enactments mentioned in column (2) of the Schedule to this Act are hereby repealed to the extent mentioned in column (3) of that Schedule.

Short title.

Short title.

4

4.—This Act may be cited as the Law Reform (Personal Injuries) Act, 1958.