81Exclusions from Part

81 Exclusions from Part (a) subject to subsection (2), a claim for damages in respect of an injury that is a dust‑related condition within the meaning of the **Administration and Probate Act 1958**; or (b) subject to subsection (2), a claim for damages in respect of an injury resulting from smoking or other use of tobacco products, within the meaning of the **Tobacco Act 1987**, or exposure to tobacco smoke. (2) A claim for damages referred to in subsection (1)(a) or (1)(b) does not include a claim for damages that relates to the provision of or the failure to provide a health service. (3) This Part does not apply to a public authority or class of public authority— (a) that is excluded by the regulations from the operation of this Part in respect of all of its functions; or (b) in respect of specified functions or functions of a specified class, if the regulations exclude those functions or that class of functions from the operation of this Part in respect of that public authority or class of public authority. S. 82 inserted by No. 102/2003 s. 3.