S.I. No. 440/1997:

REGULATIONS entitled HEPATITIS C COMPENSATION TRIBUNAL REGULATIONS, 1997.

REGULATIONS entitled HEPATITIS C COMPENSATION TRIBUNAL REGULATIONS, 1997.

The Minister for Health and Children in exercise of the powers conferred on the Minister by section 7 of the Hepatitis C Compensation Tribunal Act, 1997 (No. 34 of 1997) (as adapted by the Health (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 308 of 1997 ) ), hereby makes the following regulations:

1. These Regulations may be cited as the Hepatitis C Compensation Tribunal Regulations 1997.

2. (1) A claimant shall, not later than 6 weeks before the date fixed by the Tribunal for the hearing of her or his claim, submit in writing medical or other relevant reports, on which a claimant intends to rely. The Tribunal may, at its discretion, accept such reports within a shorter time.

(2) Items of special damage shall be vouched by the claimant to the Tribunal not later than 6 weeks before the date fixed by the Tribunal for the hearing of her or his claim. The Tribunal may, at its discretion, accept such vouching within a shorter time.

(3) If, in the opinion of the Tribunal, a claimant fails to comply with paragraph (1) or (2) of this Regulation or a claimant's case is presented at excessive length, the Tribunal may reduce the amount in respect of costs or expenses which might otherwise be awarded to such claimant by such amount as the Tribunal, in its sole discretion, may decide.

3. (1) The Tribunal shall as soon as may be after the establishment day provide itself with an official seal.

(2) The seal of the Tribunal shall be authenticated by the signature of the Tribunal chairman or such other member thereof as may be authorised by the Tribunal to act in that behalf.

(3) Judicial notice shall be taken of the seal of the Tribunal and every document purporting to be an instrument made by the Tribunal and carrying the seal of the Tribunal shall be received in evidence and be deemed to be such instrument without further proof unless the contrary is shown.

4. (1) A claimant who has been awarded costs or expenses shall submit her or his bill of costs (or expenses) to the Chief State Solicitor who may agree the quantum of those costs or expenses. In default of agreement, the matter shall be re-entered before the Tribunal to determine the quantum of costs or expenses.

(2) In determining the amount of costs or expenses associated with a claim regard shall be had to:

( a ) the amount of the award,

( b ) the amount of work necessarily and properly undertaken by the claimant's lawyers referable to the application for compensation,

( c ) the informal nature of the Tribunal's proceedings,

( d ) the standard of proof required by the Tribunal,

( e ) the matters referred to in Regulation 2(3) of these Regulations,

( f ) any other factor which it considers relevant.

GIVEN under the Official Seal of the Minister for Health and Children

this 30th day of October, 1997

Brian Cowen _____________

Minister for Health and Children