Garda Síochána (Compensation) (Amendment) Act, 1945
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Re-assessment of compensation previously awarded under the Principal Act. |
3.—Where compensation (in this section referred to as the original compensation) under the Principal Act in respect of a death has been awarded before the date of the passing of this Act, the following provisions shall have effect— | |
(a) the person to whom the original compensation was awarded may, within three months after the date of the passing of this Act, apply to the High Court to re-assess the compensation having regard to the amendments of the Principal Act effected by section 2 of this Act; | ||
(b) subsection (2) (except paragraph (a)) of section 7 of the Principal Act shall apply in respect of the application; | ||
(c) the amount of compensation (in this section referred to as the new compensation) fixed on such re-assessment shall not be less than the original compensation; | ||
(d) if the new compensation is equal to the original compensation, the award of the original compensation shall stand and no sum shall be payable on foot of the new compensation; | ||
(e) if the new compensation exceeds the original compensation, the new compensation shall be substituted for the original compensation and any payment made on foot of the original compensation shall be treated as a payment on foot of the new compensation. |