Residential Institutions Statutory Fund Act 2012


Number 35 of 2012


RESIDENTIAL INSTITUTIONS STATUTORY FUND ACT 2012

REVISED

Updated to 1 September 2017


This Revised Act is an administrative consolidation of the Residential Institutions Statutory Fund Act 2012. It is prepared by the Law Reform Commission in accordance with its function under the 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 National Shared Services Office Act 2017 (26/2017), enacted 26 July 2017, and all statutory instruments up to and including Residential Institutions Statutory Fund Act 2012 (Section 43) (Commencement) Order 2017 (S.I. No. 379 of 2017), made 16 August 2017, 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 35 of 2012


RESIDENTIAL INSTITUTIONS STATUTORY FUND ACT 2012

REVISED

Updated to 1 September 2017


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

This Act is not collectively cited with any other Act.

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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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 1994, 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

Education and Training Boards Act 2013 (11/2013)

All Acts up to and including National Shared Services Office Act 2017 (26/2017), enacted 26 July 2017, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Residential Institutions Statutory Fund Act 2012 (Section 43) (Commencement) Order 2017 (S.I. No. 379 of 2017)

Residential Institutions Statutory Fund (Appeals) Regulations 2014 (S.I. No. 21 of 2014)

Residential Institutions Statutory Fund Act 2012 (Commencement) Order 2014 (S.I. No. 20 of 2014)

Residential Institutions Statutory Fund Act 2012 (Part 4) (Commencement) Order 2013 (S.I. No. 96 of 2013)

Residential Institutions Statutory Fund Act 2012 (Establishment Day) Order 2013 (S.I. No. 95 of 2013)

Residential Institutions Statutory Fund Act 2012 (Commencement of Certain Provisions) Order 2013 (S.I. No. 79 of 2013)

Residential Institutions Statutory Fund Act 2012 (Commencement) Order 2012 (S.I. No. 387 of 2012)

All statutory instruments up to and including Residential Institutions Statutory Fund Act 2012 (Section 43) (Commencement) Order 2017 (S.I. No. 379 of 2017), made 16 August 2017, were considered in the preparation of this revision.


Number 35 of 2012


RESIDENTIAL INSTITUTIONS STATUTORY FUND ACT 2012

REVISED

Updated to 1 September 2017


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title and commencement.

2. Interpretation.

3. Application.

4. Orders and regulations.

5. Expenses.

PART 2

Residential Institutions Statutory Fund Board

6. Establishment of Residential Institutions Statutory Fund Board.

7. Functions of Board.

8. Approved services.

9. Determination of criteria by Board.

10. Directions of Minister.

11. Membership of Board and related matters.

12. Term of office of members.

13. Chief executive.

14. Functions of chief executive.

15. Accountability of chief executive to Public Accounts Committee.

16. Accountability of chief executive to other Oireachtas Committees.

17. Staff of Board.

18. Superannuation.

19. Annual report and information.

20. Applications to Board and associated matters.

21. Appeals officer.

22. Appeals.

23. Prohibition of unauthorised disclosure of information.

24. Transfer of certain information from Residential Institutions Redress Board.

25. Liaison officers.

26. False statements and offences.

27. Application of Freedom of Information Act 1997.

28. Amendment of First Schedule to Ombudsman Act 1980.

PART 3

Financial Matters

29. Management of moneys relating to Board.

30. Advances from Fund.

31. Accounts and audits.

PART 4

Dissolution of Education (Former Residents of Certain Institutions for Children) Finance Board and Transfer of Functions to the Board

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

33. Transfer of functions to Board.

34. Transfer of property.

35. Transfer of rights and liabilities.

36. Transfer of employees.

37. Liability for loss occurring before commencement.

38. Provisions consequent upon transfer of functions, assets and liabilities to Board.

39. Final accounts and final annual report of dissolved body.

40. Amendment of Commission to Inquire into Child Abuse (Amendment) Act 2005.

41. Closure of account of dissolved body and end of certain functions.

PART 5

Miscellaneous

42. Charitable status of contributions to Board and to relevant costs.

43. Special account.

44. Amendment of Residential Institutions Redress Act 2002.

SCHEDULE

The Board


Acts Referred to

Adoptive Leave Acts 1995 and 2005

Carer’s Leave Act 2001

2001, No. 19

Charities Act 1961

1961, No. 17

Commission to Inquire into Child Abuse (Amendment) Act 2005

2005, No. 17

Commission to Inquire into Child Abuse Acts 2000 and 2005

Companies Act 1990

1990, No. 33

Companies Acts

Comptroller and Auditor General (Amendment) Act 1993

1993, No. 8

Employees (Provision of Information and Consultation) Act 2006

2006, No. 9

European Parliament Elections Act 1997

1997, No. 2

Freedom of Information Act 1997

1997, No. 13

Interpretation Act 2005

2005, No. 23

Local Government Act 2001

2001, No. 37

Maternity Protection Acts 1994 and 2004

Medical Practitioners Act 2007

2007, No. 25

Minimum Notice and Terms of Employment Acts 1973 to 2005

Ombudsman Act 1980

1980, No. 26

Organisation of Working Time Act 1997

1997, No. 20

Parental Leave Acts 1998 and 2006

Powers of Attorney Act 1996

1996, No. 12

Protection of Employees (Fixed-Term Work) Act 2003

2003, No. 29

Protection of Employees (Part-Time Work) Act 2001

2001, No. 45

Protections for Persons Reporting Child Abuse Act 1998

1998, No. 49

Redundancy Payments Acts 1967 to 2011

Residential Institutions Redress (Amendment) Act 2011

2011, No. 16

Residential Institutions Redress Act 2002

2002, No. 13

Residential Institutions Redress Acts 2002 to 2011

Terms of Employment (Information) Acts 1994 and 2001

Unfair Dismissals Acts 1977 to 2007

Vocational Education Act 1930

1930, No. 29


Number 35 of 2012


RESIDENTIAL INSTITUTIONS STATUTORY FUND ACT 2012

REVISED

Updated to 1 September 2017


AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A BODY TO SUPPORT THE NEEDS OF FORMER RESIDENTS TO BE KNOWN AS BORD AN CHISTE REACHTÚIL FORAS CÓNAITHE OR IN THE ENGLISH LANGUAGE, THE RESIDENTIAL INSTITUTIONS STATUTORY FUND BOARD, AND TO DEFINE ITS FUNCTIONS; TO PROVIDE FOR THE MAKING OF CONTRIBUTIONS BY CERTAIN PERSONS; TO AMEND THE RESIDENTIAL INSTITUTIONS REDRESS ACT 2002; TO AMEND THE COMMISSION TO INQUIRE INTO CHILD ABUSE (AMENDMENT) ACT 2005; AND TO PROVIDE FOR RELATED MATTERS.

[25 th July, 2012]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: