IE
S.I. No. 390/2017 - National Treasury Management Agency (Delegation of Claims Management Functions) Order 2017.
Table of Provisions (8)
Statutory Text (8 Articles)
1. This Order may be cited as the National Treasury Management Agency (Delegation of Claims Management Functions) Order 2017.
2. In this Order, “Act of 2000” means National Treasury Management Agency (Amendment) Act 2000 (No. 39 of 2000).
3. This Order applies to a claim, other than a claim referred to in Article 4, that—
(
a
) is made against one or more State authorities specified in Schedule 1 or 2, either alone or with any other person, in relation to or in connection with the provision of services by those State authorities on behalf of the Health Service Executive under
section 38
of the
Health Act 2004
(No. 42 of 2004), and
(
b
) either—
(i) is made before the making of this Order and is one as respects which the Agency and the State authority concerned determine that it should be managed by the Agency, or
(ii) is made after the making of this Order irrespective of whether it relates to an act, omission or other matter occurring before or after such making or before the commencement of Part 2 of the Act of 2000.
4. The following classes of claims are exempted from the delegation effected by this Order
(
a
) claims made against the Minister for Health by persons in respect of infection, directly or indirectly, with Hepatitis C or the human immunodeficiency virus (HIV) or both through the administration of blood or blood products or in respect of related matters;
(
b
) claims made against one or more Ministers of the Government or the State authorities specified in Schedule 1 or 2 in respect of personal injury which include a claim in relation to liability for—
(i) defective products,
(ii) injurious falsehood,
(iii) malicious prosecution,
(iv) malicious abuse of the civil process,
(v) deceit, or
(vi) defamation;
(
c
) claims made against a Minister of the Government in respect of personal injury suffered by an employee of the State or of the Government caused by a breach of the
Employment Equality Act 1998
(No. 21 of 1998).
5. Notwithstanding the generality of Article 4, the exemption provided for in Article 4(
b
)(i) does not apply in respect of personal injury claims which include a claim in relation to liability for any of the following medicinal products
(
a
) thalidomide;
(
b
) nimesulide;
(
c
) pandemrix.
6. The management of a claim to which this Order applies is delegated to the Agency.
7. It is declared that the Agency shall have the functions specified in section 9(2)(
a
) of the Act of 2000.
SCHEDULE 1
Articles 3 and 4
State authorities to which paragraph (i) of the definition of “State authority” applies
The Childrens Sunshine Home
St. John of God Community Services CLG
Muiriosa Foundation Limited
Cheeverstown House Limited
Stewarts Care Limited
Daughters of Charity Disability Support Services Limited
Carriglea Cairde Services CLG
KARE Promoting Inclusion for People with Intellectual Disability
St Michaels House
The Trustees and Governors of St Vincents Hospital Fairview
Cope Foundation
Sunbeam House Services Company Limited by Guarantee
St. Patrick’s Centre Kilkenny
Our Ladys Hospice and Care Services
Brothers of Charity Services Ireland, which includes the Congregation of the Brothers of Charity and Blue Teapot Theatre Company Limited
SCHEDULE 2
Articles 3 and 4
State authority to which an Order under paragraph (
j
) of the definition of “State authority” applies
Leopardstown Park Hospital Board
GIVEN under the Official Seal of the Government,
18 July 2017.
LEO VARADKAR,
Taoiseach.
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of
1
st September
, 2017.
WHEREAS the Minister for Health has requested the Government to delegate by order under
section 9
(1) of the
National Treasury Management Agency (Amendment) Act 2000
(No. 39 of 2000) to the National Treasury Management Agency the management of any claims to which the following order applies against a State authority specified in Schedule 1 or 2, functions in relation to which are vested in him or her;
NOW, the Government, in exercise of the powers conferred on them by
section 9
of the
National Treasury Management Agency (Amendment) Act 2000
(No. 39 of 2000), hereby order as follows