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Personal Injuries Assessment Board Act 2003 (No. 46)Introductory TextActs Referred toPart 1 Preliminary and General (ss. 1-8)1. Short title.2. Commencement.3. Civil actions to which Act applies.3A. Civil actions to which Act does not apply.4. Interpretation.5. Regulations.6. Savings.7. Obtaining of legal advice.8. Expenses.Part 2 Mandatory Assessment Procedures in respect of Certain Civil Actions (ss. 9-51C)Chapter 1 Mandatory applications for assessment (ss. 9-18)9. "Relevant claim".10. What this Chapter does.11. Application for assessment.12. Bar on bringing proceedings unless certain conditions are satisfied.13. Notification of application to respondent and ascertainment of his or her wishes.14. Procedures on foot of notification under section 13.15. Procedures if not everyone of 2 or more respondents consents to assessment being made.16. Making of, or omission to make, statement referred to in section 14 not an admission of liability.17. Discretion of Board not to arrange for making of assessment.18. Presumption as to capacity of claimant and respondent.Chapter 1A Mediation (ss. 18A-18F)18A. Application and definitions.18B. Mediation process.18C. Mediation outcome and report.18D. Appointment of mediators.18E. Provisions relating to mediators.18F. Power of the Board to make procedural rules relating to mediation.Chapter 2 Procedure for assessment (ss. 19-38)19. What this Chapter contains.20. Assessment.21. Section 20: supplemental provisions.22. Power to impose charges.23. Power to require additional information, etc.24. Medical examination of claimant in certain circumstances.25. Failure to comply with a request under section 23 or 24.26. Powers to request information from third parties.27. Section 26: supplemental provisions.28. Limited power to require certain other information.29. Special provision in relation to vulnerable parties.30. Parties to indicate whether or not they accept assessment.31. Deemed acceptance or non-acceptance of assessment.32. Proceedings to be authorised if assessment not accepted.33. Assessment binding on parties unless section 32 applies.34. Position of respondent or respondents who do not accept assessment.35. Approval of court required for certain assessments.36. Authorisation to bring proceedings where assessment not approved.37. Certain statements, etc., not to prejudice claimant or respondent.38. Enforceability of assessment.Chapter 3 Legal status of order to pay, etc. (ss. 39-43)39. What this Chapter specifies.40. Primary legal effect of order to pay.41. Order to pay to operate as satisfaction of claimant's claim.42. Application of section 22 of Act of 1961 (claims for contributions between concurrent wrongdoers).43. Application of section 18 of Act of 1961.Chapter 4 Miscellaneous (ss. 44-51C)44. Expenses incurred by claimant.45. Fees or expenses where direction referred to in section 30(3) given.46. Rules.47. Withdrawal of application under section 11.48. Assessment of relevant claims where proceedings concerned brought before commencement of section 6.49. Assessments to be made expeditiously.49A. Assessment of relevant claims where long term prognosis is awaited.50. Reckoning of time for purpose of Statute of Limitations, etc.51. Non-admissibility of assessment in evidence.51A. Costs in proceedings where assessment not accepted by claimant.51B. Costs in connection with application under section 11 not taxable.51C. Costs in proceedings where claimant or respondent does not comply with request of assessors.Part 3 Personal Injuries Assessment Board (ss. 52-78)Chapter 1 Establishment and principal functions of Board (ss. 52-55)52. Establishment day.53. Personal Injuries Assessment Board.54. Functions of Board.54A. Requiring certain persons to provide information.55. Conferral of additional functions on Board.Chapter 2 Composition of Board (ss. 56-59)56. Membership of Board.57. Supplemental provisions as to membership of Board.58. Chairperson of Board.59. Vice-chairperson.Chapter 3 Meetings and committees (ss. 60-62)60. Meetings of Board.61. Committees of Board.62. Supplemental provisions as to committees of Board.Chapter 4 Management of Board (ss. 63-66)63. Chief executive.64. Supplemental provisions in relation to chief executive.65. Accountability of chief executive to Committee of Public Accounts.66. Accountability of chief executive to other Oireachtas Committees.Chapter 5 Staff of Board and superannuation matters (ss. 67-68)67. Staff of Board.68. Superannuation.Chapter 6 Supplemental provisions with regard to Board's administration and management (ss. 69-73A)69. Indemnification of certain persons.70. Membership of either House of the Oireachtas, etc.71. Disclosure of interests.72. Section 71: supplemental provisions.73. Disclosure of information.73A. Board shall provide information requested by Minister.Chapter 7 Financial provisions (ss. 74-78)74. Grants to Board.74A. Remittance by Board of moneys to Minister.75. Borrowings by Board.76. Accounts.77. Further provisions with respect to accounts (including their audit).78. Strategic plans.Part 4 Miscellaneous (ss. 79-86)79. Service of documents.80. Consultants and advisers.80A. Offences: false or misleading information.81. Penalties.82. Representation of Board in applications under section 27.83. Annual report.84. Amendment of Social Welfare (Consolidation) Act 1993.85. Amendment of Taxes Consolidation Act 1997.86. Supply of information to, or from, central database.
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AI Summary of 12. Bar on bringing proceedings unless certain conditions are satisfied.

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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 2 August 2011 - onwards
Version 3 of 3

12. Bar on bringing proceedings unless certain conditions are satisfied.

(1) Unless and until an application is made to the Board under section 11 in relation to the relevant claim and then only when the bringing of those proceedings is authorised under section 14, 17, 32 or 36, rules under section 46 (3) or section 49 and subject to those sections or rules, no proceedings may be brought in respect of that claim.

(2) Nothing in subsection (1) or any other provision of this Act is to be read as affecting the right of a claimant or a respondent to invoke, subject to and in accordance with this section, the jurisdiction of any court to make an order referred to in subsection (3) that could be made if proceedings, but for subsection (1), were to be brought or were about to be brought in respect of the relevant claim and the court shall, accordingly, have jurisdiction, subject to and in accordance with this section, to make such an order despite the enactment of subsection (1).

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