Commission to Inquire into Child Abuse (Amendment) Act 2005


Number 17 of 2005


COMMISSION TO INQUIRE INTO CHILD ABUSE (AMENDMENT) ACT 2005

REVISED

Updated to 15 December 2016


This Revised Act is an administrative consolidation of Commission to Inquire into Child Abuse (Amendment) Act 2005. It is prepared by the Law Reform Commission in accordance with its function under Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Social Welfare Act 2016 (15/2016), enacted 19 December 2016, and all statutory instruments up to and including Customs (Mandatory Electronic Filing) (Specified Persons) Regulations 2016 (S.I. No. 615 of 2016), made 15 December 2016, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 17 of 2005


COMMISSION TO INQUIRE INTO CHILD ABUSE (AMENDMENT) ACT 2005

REVISED

Updated to 15 December 2016


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Commission to Inquire into Child Abuse Acts 2000 and 2005 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Commission to Inquire into Child Abuse (Amendment) Act 2005 (17/2005), s. 1(2)). The Acts in this group are:

Commission to Inquire into Child Abuse Act 2000 (7/2000)

Residential Institutions Redress Act 2002 (13/2002), s. 32

Commission to Inquire into Child Abuse (Amendment) Act 2005 (17/2005), Part 2

Residential Institutions Redress Acts 2002 to 2011 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Residential Institutions Redress (Amendment) Act 2011 (16/2011), s. 1(2)). The Acts in this group are:

Residential Institutions Redress Act 2002 (13/2002)

Commission to Inquire into Child Abuse (Amendment) Act 2005 (17/2005), s. 34

Residential Institutions Redress (Amendment) Act 2011 (16/2011)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1997, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Ombudsman (Amendment) Act 2012 (38/2012)

Residential Institutions Statutory Fund Act 2012 (35/2012)

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010)

All Acts up to and including Social Welfare Act 2016 (15/2016), enacted 19 December 2016, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Education (Former Residents of Certain Institutions for Children) Finance Board (Establishment Day) Order 2006 (S.I. No. 77 of 2006)

All statutory instruments up to and including Customs (Mandatory Electronic Filing) (Specified Persons) Regulations 2016 (S.I. No. 615 of 2016), made 19 December 2016, were considered in the preparation of this revision.


Number 17 of 2005


COMMISSION TO INQUIRE INTO CHILD ABUSE (AMENDMENT) ACT 2005

REVISED

Updated to 15 December 2016


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1.

Short title, construction and collective citation.

2.

Interpretation generally.

PART 2

Amendments of Principal Act

3.

Amendment of section 1 (interpretation) of Principal Act.

4.

Amendment of section 4 (functions of Commission) of Principal Act.

5.

Amendment of section 5 (reports of Commission) of Principal Act.

6.

Amendment of section 11 (meetings and procedures of Committees) of Principal Act.

7.

Amendment of section 12 (functions of Investigation Committee) of Principal Act.

8.

Amendment of section 13 (report of Investigation Committee) of Principal Act.

9.

Amendment of section 14 (powers of Investigation Committee) of Principal Act.

10.

Amendment of section 15 (functions of Confidential Committee) of Principal Act.

11.

Amendment of section 16 (report of Confidential Committee) of Principal Act.

12.

Amendment of section 17 (privilege) of Principal Act.

13.

Amendment of section 18 (privileges and immunities for witnesses) of Principal Act.

14.

Amendment of section 19 (option for certain persons) of Principal Act.

15.

Amendment of section 21 (admissibility of certain evidence) of Principal Act.

16.

Amendment of section 23 (inquiry officers) of Principal Act.

17.

Amendment of section 25 (directions of High Court) of Principal Act.

18.

Periods in relation to which Confidential Committee and Investigation Committee perform their functions.

19.

Judicial review.

20.

Amendment of section 31 (provisions in relation to discovery) of Principal Act.

21.

Transitional.

PART 3

Education (Former Residents of Certain Institutions for Children) Finance Board

22.

Interpretation ( Part 3).

23.

Establishment day.

24.

Establishment of Education (Former Residents of Certain Institutions for Children) Finance Board.

25.

Principal functions of Board.

26.

Management of moneys relating to Board.

27.

Educational grants to former residents of institutions and their relatives.

28.

Application for grants and consequential matters.

29.

Membership of Board.

30.

Employees.

31.

Accounts and audits.

32.

Annual report and information.

33.

Removal of members of Board from office.

PART 4

Miscellaneous

34.

Amendment of Residential Institutions Redress Act 2002.

35.

Regulations and orders.

SCHEDULE

Membership and Meetings of Board


Acts Referred to

Commission to Inquire into Child Abuse Act 2000

2000, No. 7

Ombudsman Act 1980

1980, No. 26

Residential Institutions Redress Act 2002

2002, No. 13


Number 17 of 2005


COMMISSION TO INQUIRE INTO CHILD ABUSE (AMENDMENT) ACT 2005

REVISED

Updated to 15 December 2016


AN ACT TO AMEND THE COMMISSION TO INQUIRE INTO CHILD ABUSE ACT 2000 AND THE RESIDENTIAL INSTITUTIONS REDRESS ACT 2002, TO ESTABLISH A BODY TO BE KNOWN AS AN BORD AIRGEADAIS OIDEACHAIS (IAR-CHÓNAITHEOIRÍ DE CHUID FORAS ÁIRITHE DO LEANAÍ) OR, IN THE ENGLISH LANGUAGE, THE EDUCATION (FORMER RESIDENTS OF CERTAIN INSTITUTIONS FOR CHILDREN) FINANCE BOARD AND TO DEFINE ITS FUNCTIONS AND TO PROVIDE FOR RELATED MATTERS.

[9 th July, 2005]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Application of collectively cited Residential Institutions Redress Acts restricted (8.03.2013) by Residential Institutions Statutory Fund Act 2012 (35/2014), s. 24, S.I. No. 79 of 2013.

Transfer of certain information from Residential Institutions Redress Board.

24.— (1) Notwithstanding anything contained in the Residential Institutions Redress Acts 2002 to 2011 or any other enactment the Residential Institutions Redress Board shall furnish personal information to the Board.

(2) The Board shall use personal information furnished under subsection (1) in order to determine whether a person is eligible to make an application to the Board and for no other purpose.

(3) In this section “personal information” means the name, address and date of birth of a person referred to in section 3 (1)(a).