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  4. S.I. No. 124/2012 - National Treasury Management Agency (Delegation of Claims Management Functions) (Amendment) Order 2012.

S.I. No. 124/2012 - National Treasury Management Agency (Delegation of Claims Management Functions) (Amendment) Order 2012.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 17th April, 2012.

The Government, at the request of the Minister for Health (being a Minister in whom functions in relation to a State authority are vested) and in exercise of the powers conferred on them by section 9 (1) of the National Treasury Management Agency (Amendment) Act 2000 (No. 39 of 2000), hereby order as follows:

1. (1) This Order may be cited as the National Treasury Management Agency (Delegation of Claims Management Functions) (Amendment) Order 2012.

(2) This Order comes into operation on 3 April 2012.

2. In this Order—

“Order of 2011” means National Treasury Management Agency (Delegation of Claims Management Functions) Order 2011 ( S.I. No. 69 of 2011 );

“Order of 2009” means National Treasury Management Agency (Delegation of Functions) Order 2009 ( S.I. No. 586 of 2009 ).

3. The Order of 2011 is amended by inserting after Article 4 the following:

“4A. Notwithstanding the generality of Article 4, the exemption provided for in Article 4(b)(i) does not apply in respect of personal injury claims which include a claim in relation to liability for the medicinal products thalidomide and nimesulide.”.

4. The Order of 2009 is amended in Regulation 6 by substituting the following for paragraph (b):

“(b) claims in respect of personal injury in relation to liability for defective products, other than the medicinal products thalidomide and nimesulide, or intentional infliction of mental suffering.”.

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GIVEN under the Official Seal of the Government,

3 April 2012.

ENDA KENNY,

Taoiseach.

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal instrument.)

Certain classes of claims are exempt from delegation to the National Treasury Management Agency. This Order removes claims in relation to the medicinal products thalidomide and nimesulide from the exemption.