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Amendment of section 21.
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54.—Section 21 (redress in respect of prohibited conduct) of the Act of 2000 is amended—
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(a) in subsection (2)(a)(ii), by substituting “to seek redress under this Act” for “to seek redress by referring the case to the Director”,
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(b) by inserting the following subsection after subsection (2):
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“(2A) For the purposes of subsection (2) the date of notification is the date on which the notification is sent, unless it is shown that the notification was not received by the respondent.”,
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(c) by substituting the following subsection for subsection (3):
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“(3) (a) On application by a complainant the Director may—
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(i) for reasonable cause, direct that in relation to the complainant subsection (2) shall have effect as if for the reference to 2 months there were substituted a reference to such period not exceeding 4 months as is specified in the direction, or
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(ii) exceptionally, where satisfied that it is fair and reasonable in the particular circumstance of the case to do so direct that subsection (2) shall not apply in relation to the complainant to the extent specified in the direction,
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and, where such a direction is given, this Part shall have effect accordingly.
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(b) In deciding whether to give a direction under paragraph (a)(ii) the Director shall have regard to all the relevant circumstances, including—
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(i) the extent to which the respondent is, or is likely to be, aware of the circumstances in which the prohibited conduct occurred, and
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(ii) the extent of any risk of prejudice to the respondent's ability to deal adequately with the complaint.”,
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(d) by substituting the following subsections for subsections (6) and (7):
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“(6) (a) Subject to subsections (3)(a)(ii) and (7), a claim for redress in respect of prohibited conduct may not be referred under this section after the end of the period of 6 months from the date of the occurrence of the prohibited conduct to which the case relates or, as the case may be, the date of its most recent occurrence.
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(b) On application by a complainant the Director may, for reasonable cause, direct that in relation to the complainant paragraph (a) shall have effect as if for the reference to a period of 6 months there were substituted a reference to such period not exceeding 12 months as is specified in the direction; and, where such a direction is given, this Part shall have effect accordingly.
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(7) Where a delay by a complainant in referring a case under this Act is due to any misrepresentation by the respondent, subsection (6)(a) shall apply as if the references to the date of occurrence of prohibited conduct were references to the date on which the misrepresentation came to the complainant's notice.”,
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(e) by inserting the following subsection after subsection (7):
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“(7A) (a) Not later than 42 days from the date of a decision of the Director on an application by a complainant for an extension of time under subsection (3) or (7), the complainant or respondent may appeal against the decision to the Circuit Court on notice to the Director specifying the grounds of the appeal.
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(b) On the appeal the Court may affirm, quash or vary the decision.
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(c) No further appeal lies, other than an appeal to the High Court on a point of law.
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(d) Unless otherwise agreed by the complainant and respondent, effect shall not be given to a decision of the Director on such an application until—
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(i) the period of 42 days mentioned in paragraph (a) has expired, or
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(ii) any appeal against it has been determined,
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whichever first occurs.”,
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and
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(f) by adding the following subsection:
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“(11) For the purposes of this section prohibited conduct occurs—
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(a) if the act constituting it extends over a period, at the end of the period,
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(b) if it arises by virtue of a provision which operates over a period, throughout the period.”.
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