The Residential Institutions Statutory Fund Act 2012 (Commencement) Order 2012 (Statutory Instrument No. 387 of 2012) provides for the commencement of section 44 of the Residential Institutions Statutory Fund Act 2012. Section 44 amends the Residential Institutions Redress Act 2002 to allow the Board to strike out a request for an extension of time to make an application under section 8 of the Act where the applicant fails to comply with a direction of the Board. It also amends section 13 of the Act to allow the Board to strike out an application for an award under the Act where the applicant has furnished the necessary proofs but where the applicant fails to comply with a direction of the Board. The Board is required to give at least 28 days notice of its intention to strike out a request under section 8 or an application under section 13. An applicant may appeal a decision of the Board to strike out an application under section 13 to the Residential Institutions Redress Review Committee.
The full text of the Commencement Order and section 44 of the 2012 Act are contained below.
RESIDENTIAL INSTITUTIONS STATUTORY FUND ACT 2012 (COMMENCEMENT) ORDER 2012
I, Ruairí Quinn, Minister for Education and Skills, in exercise of the powers conferred on me by section 1(2) of the Residential Institutions Statutory Fund Act 2012 (No. 35 of 2012), hereby order as follows:
1. This Order may be cited as the Residential Institutions Statutory Fund Act 2012 (Commencement) Order 2012.
2. The 4th day of October 2012 is appointed as the day on which Part 1 and section 44 of the Residential Institutions Statutory Fund Act 2012 (No. 35 of 2012) come into operation.
GIVEN under my Official Seal,
4 October 2012.
RUAIRI QUINN,
Minister for Education and Skills.
SECTION 44 - RESIDENTIAL INSTITUTIONS STATUTORY FUND ACT 2012
Amendment of Residential Institutions Redress Act 2002.
44.—The Act of 2002 is amended—
(a) in section 8 by inserting the following new subsections
after subsection (5) (inserted by section 1 of the Residential
Institutions Redress (Amendment) Act 2011):
'(6) Notwithstanding anything contained in subsection
(2) or (3), the Board may strike out a request before it to
extend the period referred to in subsection (1) where the
person making the request has failed to comply with a
direction of the Board under subsection (7).
(7) The Board shall not, under subsection (6), strike out
a request unless it gives at least 28 days' notice in writing
to the person making the request of the Board's intention
to so strike out unless the person complies with the direction
of the Board contained in the notice.',
(b) in section 13—
(i) by inserting the following new subsections after subsection (9):
'(9A) Notwithstanding that an applicant has established
the matters referred to in paragraphs (a), (b)
and (c) of section 7(1), the Board may decide to strike
out an application before it where an applicant has
failed to comply with a direction of the Board under
subsection (9B).
(9B) The Board shall not, under subsection (9A),
strike out an application unless it gives at least 28
days' notice in writing to an applicant of the Board's
intention to so strike out unless the applicant complies
with the direction of the Board contained in the
notice.
(9C) An applicant may submit a decision, under
subsection (9A), to the Review Committee within one
month, or such greater period as may be prescribed,
of receipt of notice from the Board of the decision.',
and
(ii) in subsection (10)(b) by inserting the following new
subparagraph after subparagraph (i):
'(ia) has his or her application struck out
under subsection (9A),',
and
(c) in section 15—
(i) in subsection (1)(c) by inserting 'or 13(9C)' after
'section 13(9)', and
(ii) by inserting the following new subsection after subsection
(4):
'(4A) The Review Committee, in a review of a
decision referred to in section 13(9A)—
(a) shall review evidence relating to failure to
comply with the direction of the Board
under section 13(9B),
(b) may hear submissions on behalf of the
applicant and such other evidence as it
considers appropriate,
(c) shall review the decision taken by the
Board and shall consider whether the
decision of the Board was reasonable in
all of the circumstances,
(d) may decide to—
(i) confirm the decision of the Board, or
(ii) annul the decision of the Board and
give such other directions in relation
thereto as the Review Committee
thinks fit,
and
(e) shall inform the applicant and the Board of
its decision under paragraph (d) as soon
as practicable.'.
