Malicious Injuries Act, 1981

Notice of intention to claim compensation.

[New in pt. cf. R.C.C. O. 52, r. 3]

8.—(1) A person seeking compensation under this Act shall, within fourteen days after, as the case may be, the damage was caused or the property was taken, serve, in accordance with this section, preliminary notice, in such form as may be prescribed by regulations made by the Minister, of his intention to apply for compensation.

(2) The preliminary notice shall be served—

(a) in the case of damage to property (other than property to which paragraph (b) or (c) relates) and in the case of loss of property unlawfully taken during a riot (other than loss to which paragraph (d) relates), upon the local authority for the area in which the damage was caused or the property was taken and upon the member in charge of the Garda Síochána station for the place where the damage was caused or the property was taken;

(b) in the case of damage to property which, having been unlawfully taken, was removed from the area of one local authority to the area of another local authority, upon the local authority for the area from which it was removed and upon the member in charge of the Garda Síochána station for the place from which it was removed;

(c) in the case of damage to property which is within any harbour or within one mile beyond the coastal boundary of a local authority area or which, having been unlawfully taken, was removed from within any harbour or such one mile, upon the local authority for the place on shore nearest the place where the damage was caused or from which the property was removed and upon the member in charge of the Garda Síochána station for that place on shore;

(d) in the case of loss of property unlawfully taken during a riot from a ship which is within any harbour or within one mile beyond the coastal boundary of a local authority area, upon the local authority for the place on shore nearest the place where the property was taken and upon the member in charge of the Garda Síochána station for that place on shore.

(3) The preliminary notice shall give particulars of the time and place, so far as they may reasonably be ascertained, at which the damage was caused or the property was taken and a description of the property concerned and shall state the nature and amount of the damage or the value of the property taken, as the case may be.