National Treasury Management Agency (Amendment) Act, 2000
|
Claims and counterclaims to which Part 2 applies. |
7.—(1) In this Part— | |
“claim” (other than in section 12 (4)) means a claim, other than one involving a question as to the validity of any law having regard to the provisions of the Constitution, that is wholly, or in the opinion of the Minister is mainly, one for compensation or damages for loss of life or personal injury, or loss of or damage to property, occasioned by an act, omission or other matter constituting a cause of action made against any one or more State authorities either alone or with any other person, but does not include— | ||
(a) an application for compensation under the Garda Síochána (Compensation) Acts, 1941 and 1945, | ||
(b) a claim against the Minister for Justice, Equality and Law Reform, the Commissioner of the Garda Síochána and the Governor of a prison or any of them in respect of an alleged assault upon the claimant by a member of the Garda Síochána or a prison officer of a prison, or | ||
(c) a claim under the scheme administered by the Minister for Justice, Equality and Law Reform providing for compensation for personal injury criminally inflicted on prison officers of a prison, | ||
and cognate words shall be construed accordingly; | ||
“counterclaim” means a counterclaim made by a State authority for compensation or damages in relation to a matter the subject of a delegated claim; | ||
“State authority” means— | ||
(a) the State (whether or not described in the claim as Ireland), | ||
(b) a Minister of the Government, | ||
(c) a body specified in the Schedule or, if appropriate, the head of such a body, | ||
(d) the Commissioner of the Garda Síochána, | ||
(e) the Governor of a prison, | ||
(f) the board of management of a community school, or a comprehensive school, which is a recognised school within the meaning of section 2 of the Education Act, 1998 , | ||
(g) the board of management of, or person for the time being managing, a school certified under section 45 of the Children Act, 1908, or a place of detention registered under section 108 of that Act, in which young offenders are detained, | ||
(h) the Attorney General, | ||
(i) a person in respect of whom a Minister of the Government pays, or agrees to pay, the amount (if any) payable in respect of a claim against the person, or | ||
(j) any other body that the Minister may, at the request of that body, if appropriate, and with the consent of the relevant Minister of the Government, prescribe by order, being a body established by or under any enactment (other than the Companies Acts, 1963 to 1999), and financed wholly or partly, whether directly or indirectly, by means of moneys provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government, or the head of any such body, | ||
and State authorities shall be construed accordingly. | ||
(2) In this section— | ||
“head”, in relation to a body referred to in paragraph (c) or (j) of the definition of “State authority” in subsection (1), means the person who holds, or performs the functions of, the office of chief executive officer (by whatever name called) of the body; | ||
“personal injury” includes any disease and any impairment of a person's physical or mental condition except in paragraph (c) of the definition of “claim” in subsection (1); | ||
“prison” means a place of custody administered by the Minister for Justice, Equality and Law Reform, and includes Saint Patrick's Institution, any place provided under section 2 of the Prisons Act, 1970 , or any place specified to be used as a prison under section 3 of the Prisons Act, 1972 , and “Governor” and “prison officer”, in relation to a prison, shall be construed accordingly. |