Notice of the making of this Statutory Instrument was published in |
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"Iris Oifigiúil" of 17th April, 2012. |
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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: |
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1. (1) This Order may be cited as the National Treasury Management Agency (Delegation of Claims Management Functions) (Amendment) Order 2012. |
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(2) This Order comes into operation on 3 April 2012. |
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2. In this Order- |
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"Order of 2011" means National Treasury Management Agency (Delegation of Claims Management Functions) Order 2011 ( S.I. No. 69 of 2011 ); |
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"Order of 2009" means National Treasury Management Agency (Delegation of Functions) Order 2009 ( S.I. No. 586 of 2009 ). |
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3. The Order of 2011 is amended by inserting after Article 4 the following: |
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"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.". |
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4. The Order of 2009 is amended in Regulation 6 by substituting the following for paragraph (b): |
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"(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, |
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3 April 2012. |
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ENDA KENNY, |
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Taoiseach. |
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EXPLANATORY NOTE |
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(This note is not part of the instrument and does not purport to be a legal instrument.) |
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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. |