National Treasury Management Agency (Delegation and Conferral of Functions) Order, 2001
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: (1) This Order may be cited as the National Treasury Management Agency (Delegation and Conferral of Functions) Order, 2001.
(2) This Order shall come into operation on 3 December 2001.
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paragraphs: (1) In this Order -
“Act of 2000” means National Treasury Management Agency (Amendment) Act, 2000 (No. 39 of 2000);
“Agency” means National Treasury Management Agency;
“claim” has the meaning given to it by section 7(1) of the Act of 2000;
“Minister” means Minister for Finance;
“prison” has the meaning given to it by section 7(2) of the Act of 2000 and “Governor”, in relation to a prison, shall be construed accordingly;
“State authority” has the meaning given to it by section 7(1) of the Act of 2000.
(2) A reference in this Order to an Article is a reference to an Article of this Order unless it is indicated that reference to some other provision is intended.
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paragraphs: Subject to Article 4, this Order applies to a claim that -
(a) is made against one or more Ministers of the Government or the State authorities specified in column (2) of the Table to this Article either alone or with any other person, and
(b) either -
(i) is made before the commencement of this Order and is one as respects which the Agency and the State authority concerned determine that it should be managed by the Agency,
or
(ii) is made after such commencement 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.
TABLE
Minister of the Government in whom are vested functions in relation to a State authority mentioned in column (2) of this Table opposite the mention of that Minister of the Government in column (1) thereof
State authority
(1)
(2)
Taoiseach
Attorney General
Director General of the Central Statistics Office
Director of Public Prosecutions
Office of the Secretary to the President the State (whether or not described in the claim as Ireland)
Minister for Enterprise, Trade and Employment
Comptroller of Patents, Designs and Trade Marks
Minister for Education and Science
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)
Board of management of, or person for the time being managing, a school certified under section 45 of the Children Act, 1908, or a place of detention registered under section 108 of that Act, in which young offenders are detained
Minister for Finance
Civil Service Commissioners
Commissioner of Valuation
Commissioners of Public Works in Ireland
Comptroller and Auditor General
Office of the Houses of the Oireachtas
Ombudsman
Revenue Commissioners
State Laboratory
Minister for the Environment and Local Government
Local Appointments Commissioners
Minister for Arts, Heritage, Gaeltacht and the Islands
National Gallery of Ireland
Minister for Justice, Equality and Law
Commissioner of the Garda SÃ­ochÃ¡na
Reform
Courts Service
Governor of a prison
Registrar of Deeds
Registrar of Titles
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paragraphs: The following classes of claims are exempted from the delegation effected by this
Order:
(a) claims made against the Minister for Defence in respect of hearing loss,
(b) claims made against the Minister for Health and Children by persons in respect of infection, directly or indirectly, with Hepatitis C through the
administration of blood or blood products or in respect of related matters,
(c) claims made against the Minister for Education and Science, the Minister for Health and Children or the Minister for Justice, Equality and Law Reform in respect of abuse of a child within the meaning of Section 1 (1) of the Commission to Inquire into Child Abuse Act, 2000 (No. 7 of 2000),
(d) claims made against the Minister for Justice, Equality and Law Reform in respect of hearing loss,
(e) claims made against one or more Ministers of the Government or the State authorities specified in the Table to Article 3 in respect of personal injury which include a claim in relation to liability for:
(i) escape of anything brought onto land,
(ii) animals,
(iii) nuisance,
(iv) defective products,
(v) injurious falsehood,
(vi) private nuisance,
(vii) intentional infliction of mental suffering,
(viii) malicious prosecution,
(ix) malicious abuse of the civil process,
(x) deceit,
(xi) defamation,
(xii) loss of consortium,
(xiii) trespass to the person,
(xiv) conversion,
(xv) detinue,
(xvi) passing off,
(xvii) trespass to goods.
(f) claims made against a Minister of the Government in respect of personal injury:
(i) suffered by persons while on temporary release from a prison,
(ii) caused by persons while on temporary release from a prison,
(iii) 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),
(iv) suffered by a member of the Garda SÃ­ochÃ¡na or a member of the Defence Forces while in the service of the State, outside of the State.
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paragraphs: The management of a claim to which this Order applies is delegated to the Agency.
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paragraphs: It is declared that the Agency shall have the functions specified in section 9(2)(a) of the Act of 2000.
Given under the Official Seal of the Government
27 November 2001
Bertie Ahern
Taoiseach
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation).
This Order provides for the delegation to and conferral on the National Treasury Management Agency of functions in relation to the management of claims against State authorities, as defined in the National Treasury Management Agency (Amendment) Act, 2000 . When performing these functions, the Agency will be known as the State Claims Agency.