Residential Institutions Statutory Fund Act 2012

2.

Interpretation.

2.— In this Act, unless the context otherwise requires—

“abuse” has the meaning given to it by the Act of 2002;

“Act of 2002” means the Residential Institutions Redress Act 2002;

“Act of 2005” means the Commission to Inquire into Child Abuse (Amendment) Act 2005;

“Agency” means the National Treasury Management Agency;

“appeals officer” shall be construed in accordance with section 21 (1) ;

“approved service” shall be construed in accordance with section 8 ;

“Board” shall be construed in accordance with section 6 ;

“chief executive” shall be construed in accordance with section 13 ;

“decision maker” shall be construed in accordance with section 20 (7) ;

“dissolved body” shall be construed in accordance with section 32 ;

“enactment” has the meaning given to it by section 2 of the Interpretation Act 2005;

“establishment day” shall be construed in accordance with section 6 ;

“former resident” shall be construed in accordance with section 3 ;

“investment account” means the account established under section 29 (3) ;

“liaison officer” shall be construed in accordance with section 25 (2) ;

“Minister” means the Minister for Education and Skills;

“public authority” means:

( a) a Department of State (other than, in relation to the Department of Defence, the Defence Forces) for which a Minister of the Government is responsible;

( b) the Health Service Executive;

( c) a local authority, within the meaning of the Local Government Act 2001;

( d) a person established—

(i) by any enactment (other than the Companies Acts),

(ii) by any scheme administered by a Minister of the Government, or

(iii) under the Companies Acts, in pursuance of powers conferred by another enactment, and financed wholly or partly, whether directly or indirectly, by means of moneys provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government;

( e) a company (within the meaning of the Companies Acts) a majority of the shares in which are held by or on behalf of a Minister of the Government;

( f) other than for the purposes of section 7(1)(c) , 20(4)(a)(ii) or 25 , a person situated outside the State corresponding to a person referred to in paragraphs (a) to (e);

“publicly available service” means any service or facility of any kind provided by a public authority that is available to or accessible by the public generally or a section of the public, whether or not the service or facility is subject to a charge;

“relevant trust” means a trust, which may include a company, a body corporate other than a company or an unincorporated body of persons, established for charitable purposes and—

( a) which is or was engaged in the management, administration, operation, supervision or regulation of an institution specified in the Schedule to the Act of 2002, or

( b) which is a person listed in the First Schedule to the Deed made on 5 June 2002 between the Minister for Finance and the Minister for Education and Science of the one part and the persons listed in the First Schedule to that deed of the other part;

“terms” in relation to a relevant trust means terms whether or not in writing;

“trustee” in relation to a relevant trust means the relevant trust or a trustee of the relevant trust on its behalf.