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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 36. Authorisation to bring proceedings where assessment not approved.

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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 June 2004 - onwards
Version 2 of 2

36. Authorisation to bring proceedings where assessment not approved.

(1) If the court does not approve an assessment the subject of an application to it under section 35, then it shall be the duty of the Board, as soon as may be after the court refuses to approve the assessment, to issue to the claimant concerned a document that contains the statement and operates to have the effect mentioned in subsection (3).

(2) Such a document is also referred to in this Act as an “authorisation”.

(3) An authorisation under this section shall state that the claimant is authorised to, and operate to authorise the claimant to, bring proceedings in respect of his or her relevant claim against the respondent or respondents who accepted, or, in accordance with this Part, is or are deemed to have accepted, the assessment concerned and such an authorisation shall be in addition to any authorisation issued under another provision of the Act to the claimant.

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