S.I. No. 182/2014 - National Treasury Management Agency (Delegation of Claims Management Functions) Order 2014.

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S.I. No. 182/2014 - National Treasury Management Agency (Delegation of Claims Management Functions) Order 2014.

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Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 22nd April, 2014.
WHEREAS each of the following Ministers of the Government, namely, the Taoiseach, the Minister for Arts, Heritage and the Gaeltacht, the Minister for Agriculture, Food and the Marine, the Minister for Children and Youth Affairs, the Minister for Communications, Energy and Natural Resources, the Minister for Defence, the Minister for Education and Skills, the Minister for Environment, Community and Local Government, the Minister for Finance, the Minister for Foreign Affairs and Trade, the Minister for Health, the Minister for Jobs, Enterprise and Innovation, the Minister for Justice and Equality, the Minister for Public Expenditure and Reform, the Minister for Social Protection and the Minister for Transport, Tourism and Sport, has requested the Government to delegate by order under section 9 (1) of the National Treasury Management Agency (Amendment) Act 2000 (No. 39 of 2000) to the National Treasury Management Agency the management of any claims to which the following order applies, against him or her or a State authority specified in column (2) of Schedule 1 or 2, functions in relation to which are vested in him or her; hereby order as follows:
NOW, the Government, in exercise of the powers conferred on them by section 9 (1) of the National Treasury Management Agency (Amendment) Act 2000 , hereby order as follows:
1. This Order may be cited as the National Treasury Management Agency (Delegation of Claims Management Functions) Order 2014.
2. In this Order—
“Act of 2000” means National Treasury Management Agency (Amendment) Act 2000 (No. 39 of 2000);
“Order of 2011” means National Treasury Management Agency (Delegation of Claims Management Functions) Order 2011 ( S.I. No. 69 of 2011 ).
3. This Order applies to a claim, other than a claim referred to in Article 4, that—
(a) is made against one or more State authorities specified in column (2) of Schedule 1 or 2, either alone or with any other person, and
(b) either—
(i) is made before the making of this Order and is one as respects which, not being a claim whose management was delegated to the Agency under the Order of 2011, the Agency and the State authority concerned determine that it should be managed by the Agency, or
(ii) is made after such making irrespective of whether it relates to an act, omission or other matter occurring before or after such commencement or before the commencement of Part 2 of the Act of 2000.
4. The following classes of claims are exempted from the delegation effected by this Order:
(a) claims made against the Minister for Health and Children by persons in respect of infection, directly or indirectly, with Hepatitis C or the human immunodeficiency virus (HIV) or both through the administration of blood or blood products or in respect of related matters,
(b) claims made against one or more Ministers of the Government or the State authorities specified in column 2 of Schedule 1 or 2 in respect of personal injury which include a claim in relation to liability for—
(i) defective products,
(ii) injurious falsehood,
(iii) malicious prosecution,
(iv) malicious abuse of the civil process,
(v) deceit, or
(vi) defamation,
and
(c) claims made against a Minister of the Government in respect of personal injury suffered by an employee of the State or of the Government caused by a breach of the Employment Equality Act 1998 (No. 21 of 1998).
5. 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 any of the following medicinal products:
(a) thalidomide;
(b) nimesulide;
(c) pandemrix.
6. The management of a claim to which this Order applies is delegated to the Agency.
7. Any claim made before the making of this Order whose management was delegated to the Agency under the Order of 2011 continues to be managed by the Agency under this Order.
8. It is declared that the Agency shall have the functions specified in section 9(2)(a) of the Act of 2000.
9. The Order of 2011 is revoked.
SCHEDULE 1
Article 3
State authorities to which paragraph (i) of the definition of “State authority” applies
Minister of the Government in whom are vested functions in relation to a State authority mentioned in column (2) opposite the mention of that Minister of the Government in this column
State authority
(1)
(2)
Minister for Education and Skills
Irish Research Council
Minister for Finance
Appeal Commissioners
Minister for Health
Cappagh National Orthopaedic Hospital

The Mater Misericordiae University Hospital Ltd

National Rehabilitation Hospital

Peamount Hospital

The Rotunda Hospital

The National Maternity Hospital, Holles Street

St Vincent’s University Hospital

St Michael’s Hospital, Dun Laoghaire

The Children’s University Hospital Ltd., Temple Street

The Royal Hospital Donnybrook

St. John’s Hospital, Limerick

Incorporated Orthopaedic Hospital

Coombe Women and Infants University Hospital
Minister for Jobs, Enterprise and Innovation
Companies Registration Office

National Employment Rights Authority
Minister for Justice and Equality
Probation Service

Garda Siochána Confidential Recipient
SCHEDULE 2
Article 3
State authorities to which an Order under paragraph (j) of the definition of “State authority” applies
Minister of the Government in whom are vested functions in relation to a State authority mentioned in column (2) opposite the mention of that Minister of the Government in this column(1)
State authority(2)
Taoiseach
Central Statistics Office

Law Reform Commission

National Economic and Social Council

National Economic and Social Development Office

Office of the Attorney General

Office of the Director of Public Prosecutions President’s Establishment
Minister for Arts, Heritage and the Gaeltacht
National Library of Ireland

National Gallery of Ireland

National Museum of Ireland

Oifig Choimisnéir na dTeangacha Oifigiúla

Waterways Ireland
Minister for Children and Youth Affairs
Adoption Authority of Ireland

Office of the Ombudsman for Children

Child and Family Agency

Children Detention School
Minister for Defence
Office of the Ombudsman for the Defence Forces
Minister for Education and Skills
Board of management of a community school, or a comprehensive school, which is a recognised school within the meaning of section 2 of the Education Act 1998 (No. 51 of 1998)

An Chomhairle um Oideachais Gaeltachta agus Gaelscolaíochta

Commission to Inquire into Child Abuse

Grangegorman Development Agency

Higher Education Authority

National Council for Curriculum & Assessment

National Council for Special Education

Residential Institutions Redress Board

Residential Institution Redress Review Committee

Royal Irish Academy of Music

Seirbhis Oideachais Leanúnaigh Agus Scileanna

State Examinations Commission

Teaching Council
Minister for Environment, Community and Local Government
Housing and Sustainable Communities Agency
Minister for Finance
Comptroller and Auditor General

Credit Union Restructuring Board

Irish Fiscal Advisory Council

Revenue Commissioners

National Assets Management Agency

National Treasury Management Agency
Minister for Health
Health Information and Quality Authority

Health Services Executive

Adelaide and Meath incorporating the National Children’s Hospital

Beaumont Hospital

Dublin Dental School and Hospital

St. James’s Hospital.
Minister for Jobs, Enterprise and Innovation
Controller of Patents, Designs and Trade Marks

Employment Appeal Tribunal

Equality Tribunal

Labour Court

Labour Relations Commission

Director of Corporate Enforcement

Registrar of Friendly Societies
Minister for Justice and Equality
Commissioners of Charitable Donations and Bequests for Ireland

Commissioner of the Garda Síochána

Courts Service

Criminal Assets Bureau

Data Protection Commissioner

Garda Siochana Inspectorate

Garda Síochána Ombudsman Commission

Governor of a prison

Irish Film Classification Office

Insolvency Service of Ireland

Legal Aid Board

Private Security Authority

Private Security Appeal Board

Property Registration Authority

Property Services Appeal Board

Property Services Regulatory Authority
Minister for Public Expenditure and Reform
Commissioners for Public Service Appointments

Commissioners of Public Works in Ireland

Commissioner of Valuation

Houses of the Oireachtas Commission

Houses of the Oireachtas Service

Office of the Ombudsman

Public Appointments Service

State Laboratory

Valuation Tribunal
Minister for Social Protection
Office of Pensions Ombudsman

Social Welfare Tribunal
Minister for Transport, Tourism and Sport
Marine Casualty Investigation Board

Road Safety Authority
GIVEN under the Official Seal of the Government,
15 April 2014.
ENDA KENNY,
Taoiseach.

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