Policing, Security and Community Safety Act 2024

Liability for loss on part of Garda Síochána Inspectorate occurring before establishment day of Authority

168. (1) A claim in respect of any loss or injury alleged to have been suffered by any person arising out of the performance, before the establishment day of the Authority, of any of the functions of the Garda Síochána Inspectorate shall, on and after that day, lie against the Authority and not against the Garda Síochána Inspectorate.

(2) Any legal proceedings pending immediately before the establishment day of the Authority, to which the Garda Síochána Inspectorate is a party, shall be continued on and after that day, with the substitution in the proceedings of the Authority, in so far as they relate to such party, for the Garda Síochána Inspectorate.

(3) Where before the establishment day of the Authority, agreement has been reached between the parties concerned in settlement of a claim to which subsection (1) relates, the terms of which have not been implemented, or judgment in such a claim has been given in favour of a person but has not been enforced, the terms of the agreement or judgment, as the case may be, shall, on and after the establishment day of the Authority, in so far as they were, before that day, enforceable against the Garda Síochána Inspectorate, be enforceable against the Authority and not the Garda Síochána Inspectorate.

(4) Any claim made or proper to be made by the Garda Síochána Inspectorate in respect of any loss or injury arising from the act or default of any person before the establishment day of the Authority shall, on and after that day, be regarded as having been made by or proper to be made by the Authority and may be pursued and sued for by the Authority as if the loss or injury had been suffered by the Authority.