Garda Síochána (Compensation) Act 2022
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Additional provisions regarding proceedings | ||
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24. (1) The proceedings referred to in section 23 shall, subject to this Act and the Act of 2003 as applied by section 19 and with any necessary modifications, be deemed to be a personal injuries action for the purposes of any enactments relating in whole or in part to personal injuries actions (including the Act of 2004) and shall be treated as if they were a personal injuries action within the meaning of those enactments, including for the purposes of costs. | ||
(2) Notwithstanding subsection (1), the Act of 2004 shall apply to the proceedings referred to in section 23 with the following modifications: | ||
(a) the definition of “pleading” in section 2(1) of the Act of 2004 shall be read as if the words “a Garda compensation personal injuries summons,” were inserted after the words “a personal injuries summons,”; | ||
(b) it shall be read as if section 8 of the Act of 2004 were deleted; | ||
(c) section 10(1) of the Act of 2004 shall be read as follows: | ||
“(1) Proceedings in the High Court, Circuit Court or District Court, in respect of a personal injuries action involving proceedings under section 23 of the Garda Síochána (Compensation) Act 2022, shall be commenced by a summons to be known as and referred to in this Act as a ‘Garda compensation personal injuries summons’.”; | ||
(d) section 10(2) of the Act of 2004 shall be read as follows: | ||
“(2) A Garda compensation personal injuries summons shall specify— | ||
(a) the plaintiff’s name, the address at which he or she ordinarily resides and his or her occupation, | ||
(b) the personal public service number allocated and issued to the plaintiff under section 223 (inserted by section 14 of the Act of 1998) of the Act of 1993, | ||
(c) the defendant’s name and his or her occupation, | ||
(d) the injuries or death alleged to have been occasioned by the malicious incident, | ||
(e) full particulars of all items of special damage in respect of which the plaintiff is making a claim, | ||
(f) full particulars of the malicious incident, and | ||
(g) in the case of proceedings brought by one or more persons to whom section 8 (2)(b) of the Garda Síochána (Compensation) Act 2022 refers, full particulars of the applicability of that section to each person by whom or for whose benefit the proceedings are brought.”; | ||
(e) section 12 of the Act of 2004 shall be read as if the words “personal injuries summons” were the words “Garda compensation personal injuries summons”, wherever they occur; | ||
(f) it shall be read as if section 22 of the Act of 2004 were deleted. | ||
(3) Notwithstanding subsection (1)— | ||
(a) the Statute of Limitations (Amendment) Act 1991 and any enactment regarding limitation periods (other than this Act and the Act of 2003 as applied by section 19 ), and | ||
(b) subject to section 23 (7)(f), the Act of 1961, | ||
shall not apply to the proceedings referred to in section 23 . |