Garda Síochána (Compensation) Act 2022

Modifications to application of Act of 2003

20. The Act of 2003 shall apply to, and in relation to, an application to which section 19 refers, subject to the following modifications and any other necessary modifications:

(a) it shall be read as if the words “, in respect of a wrong,” in the definition of “civil action” in section 4(1) of the Act of 2003 were deleted;

(b) an application to which section 19 refers shall be deemed to be an application made by the claimant under section 11 of the Act of 2003;

(c) it shall be read as if subsection (5) of section 11 of the Act of 2003 were deleted;

(d) it shall be read as if the words “rules under section 46(3)” and the words “or rules” in section 12(1) of the Act of 2003 were deleted;

(e) it shall be read as if any reference to “respondent” were a reference to the Garda Commissioner, or to any person entitled, by or under any enactment, to act on behalf of the Garda Commissioner in an action to which section 3(aa) of the Act of 2003 applies;

(f) it shall be read as if section 13(1)(b)(iii) of the Act of 2003 were deleted;

(g) it shall be read as if the reference in section 20(1) of the Act of 2003 to the assumption that the respondent or respondents are fully liable to the claimant in respect of the claim is a reference to the assumption that the Garda Commissioner, or any person entitled, by or under any enactment, to act on behalf of the Garda Commissioner in an action to which section 3(aa) of the Act of 2003 applies, is fully liable to pay any award of damages made to the claimant in respect of the claim;

(h) it shall be read as if section 50 of the Act of 2003 were deleted.