Residential Institutions Statutory Fund Act 2012

3.

Application.

3.— (1) This Act shall apply to the following person (in this Act referred to as a “former resident”) whether or not he or she is resident in the State:

( a) a person who has received an award (other than an award referred to in subsection (2)) under the Act of 2002;

( b) a person who has received an award or settlement referred to in section 7(2) of the Act of 2002.

(2) The following shall not be an award for the purposes of subsection (1)(a):

( a) an award made under section 9 of the Act of 2002, or

( b) an award of a nil amount made under the Act of 2002.

(3) A reference in this Act to a former resident, as appropriate, shall include a reference—

( a) to a person who has been nominated in writing by the former resident for the purposes of making an application under this Act,

( b) where the donor of a power of attorney is a former resident, to a person who is the donee of a power of attorney given the power to act on behalf of the donor of the power,

( c) where the former resident is a ward of court, to the Committee of the Person of that ward, duly authorised in that behalf, or

( d) to a person appointed by a former resident to be his or her attorney under an enduring power of attorney where—

(i) the attorney is not prohibited or restricted by the terms of the power from performing any matter performable under this Act by an attorney, and

(ii) the enduring power of attorney has been registered and the registration has not been cancelled.

(4) In subsection (3)

“enduring power of Attorney” means a power of attorney within the meaning of section 2 of the Powers of Attorney Act 1996, which is an enduring power construed in accordance with section 5 of that Act;

“registration” in relation to an enduring power of attorney means registration under section 10 of the Powers of Attorney Act 1996.