Commission to Inquire into Child Abuse (Amendment) Act 2005

Application for grants and consequential matters.

28

28.—(1) The procedures to be followed with respect to—

( a) the making of an application under section 27(1) ,

( b) the consideration by the Board of such an application, and

( c) the making of a communication by the Board to the applicant, or by the applicant to the Board, for the purposes of the application or any matter consequent on it,

shall be determined by the Board and be made available in writing, free of charge, by it to any person on request therefor.

(2) Without limiting the generality of subsection (1), procedures under that subsection may include provision for the making of a request by the Board of the applicant to supply to it such information or documents as the Board may determine for the purpose of considering the applicant's application and enabling the Board to refuse to consider further the application if the request is not complied with.

(3) A grant paid to or in respect of a person shall be used solely to defray or contribute to the defrayal of the cost to the person of availing of the educational service specified by the Board in its communication, under section 27(2) , to the person who made the application in respect of it unless the Board authorises it or a specified part of it to be used for such defrayal or contribution as aforesaid in respect of another specified educational service.

(4) Notwithstanding anything contained in the Ombudsman Act 1980 , that Act shall apply to a decision of the Board under section 27 (1) with the following and any other necessary modifications as if it were an action taken by a F3 [ reviewable agency (within the meaning of that Act) ]

( a) in section 4, in subsection (2), the words from and including “ F3 [ in the performance ]” to the end of the subsection shall be deleted,

( b) in section 5, in subsection (1)( a), subparagraph (iii) shall be deleted, and

( c) in section 6, the following subsection shall be substituted for F3 [ subsections (3) and (3A) ]:

“(3) Where, following an investigation under this Act into an action, it appears to the Ombudsman that the action adversely affected a person by whom or on whose behalf an application was made under section 27 of the Commission to Inquire into Child Abuse (Amendment) Act 2005 and the Ombudsman considers that in all the circumstances he should do so, he may recommend to the Education (Former Residents of Certain Institutions for Children) Finance Board—

( a) that its decision on foot of that application be further considered,

( b) that measures or specified measures be taken to remedy, mitigate or alter the adverse effect of the action, or

( c) that the reasons for taking the action be given to the Ombudsman,

and, if the Ombudsman thinks fit to do so, he may request that Board to notify him within a specified time of its response to the recommendation.”.

Annotations:

Amendments:

F3

Substituted (30.04.2013) by Ombudsman (Amendment) Act 2012 (38/2012), s. 24, commenced 6 months after enactment as per s. 1(3).