Residential Institutions Statutory Fund Act 2012

44.

Amendment of Residential Institutions Redress Act 2002.

44.— The Act of 2002 is amended—

( a) in section 8 by inserting the following new subsections after subsection (5) (inserted by section 1 of the Residential Institutions Redress (Amendment) Act 2011):

“(6) Notwithstanding anything contained in subsection (2) or (3), the Board may strike out a request before it to extend the period referred to in subsection (1) where the person making the request has failed to comply with a direction of the Board under subsection (7).

(7) The Board shall not, under subsection (6), strike out a request unless it gives at least 28 days’ notice in writing to the person making the request of the Board’s intention to so strike out unless the person complies with the direction of the Board contained in the notice.”,

( b) in section 13—

(i) by inserting the following new subsections after subsection (9):

“(9A) Notwithstanding that an applicant has established the matters referred to in paragraphs ( a), ( b) and ( c) of section 7(1), the Board may decide to strike out an application before it where an applicant has failed to comply with a direction of the Board under subsection (9B).

(9B) The Board shall not, under subsection (9A), strike out an application unless it gives at least 28 days' notice in writing to an applicant of the Board’s intention to so strike out unless the applicant complies with the direction of the Board contained in the notice.

(9C) An applicant may submit a decision, under subsection (9A), to the Review Committee within one month, or such greater period as may be prescribed, of receipt of notice from the Board of the decision.”,

and

(ii) in subsection (10)( b) by inserting the following new subparagraph after subparagraph (i):

“(ia) has his or her application struck out under subsection (9A),”,

and

( c) in section 15—

(i) in subsection (1)( c) by inserting “or 13(9C)” after “section 13(9)”, and

(ii) by inserting the following new subsection after subsection (4):

“(4A) The Review Committee, in a review of a decision referred to in section 13(9A)—

( a) shall review evidence relating to failure to comply with the direction of the Board under section 13(9B),

( b) may hear submissions on behalf of the applicant and such other evidence as it considers appropriate,

( c) shall review the decision taken by the Board and shall consider whether the decision of the Board was reasonable in all of the circumstances,

( d) may decide to—

(i) confirm the decision of the Board, or

(ii) annul the decision of the Board and give such other directions in relation thereto as the Review Committee thinks fit,

and

( e) shall inform the applicant and the Board of its decision under paragraph ( d) as soon as practicable.”.