Garda Síochána (Compensation) Act 2022
Interpretation | ||
2. (1) In this Act, unless the context otherwise requires— | ||
“Act of 1941” means the Garda Síochána (Compensation) Act 1941 ; | ||
“Act of 1945” means the Garda Síochána (Compensation) (Amendment) Act 1945 ; | ||
“Act of 1961” means the Civil Liability Act 1961 ; | ||
“Act of 2003” means the Personal Injuries Assessment Board Act 2003 ; | ||
“Act of 2004” means the Civil Liability and Courts Act 2004 ; | ||
“Act of 2005” means the Garda Síochána Act 2005 ; | ||
“applicant” means a person who has made an application for initial assessment and shall be construed in accordance with subsection (2); | ||
“application for initial assessment” means an application referred to in section 7 ; | ||
“document” means— | ||
(a) a book, record or other written or printed material, | ||
(b) a photograph, | ||
(c) any information stored, maintained or preserved by means of any mechanical or electronic device, whether or not stored, maintained or preserved in legible form, or | ||
(d) any audio or video recording; | ||
“enactment” has the same meaning as it has in section 2 (1) of the Interpretation Act 2005 ; | ||
“former member” means a person who was a member, but who, at the time the application for initial assessment is made, has ceased to be a member; | ||
“Garda Commissioner” means the person for the time being appointed as the Commissioner of the Garda Síochána in accordance with section 9 of the Act of 2005, or a person performing the functions of the Commissioner of the Garda Síochána pursuant to an authorisation under section 32 of that Act; | ||
“initial assessment report” has the meaning assigned to it by section 13 (1)(b)(i); | ||
“malicious incident” means an incident, whether occurring before or after the commencement of this Act, as a result of which personal injuries (which may include injuries causing death) were maliciously inflicted on— | ||
(a) a member, where such injuries were inflicted— | ||
(i) in the performance of his or her duties as a member while actually on duty, | ||
(ii) while exercising powers or otherwise acting in his or her general capacity as a member when off duty or on leave or otherwise not actually on duty, or | ||
(iii) while on duty or off duty or on leave or at any other time because of anything previously done by him or her as a member or merely because of his or her being a member, | ||
or | ||
(b) a person who had previously been, but at the time when such injuries were inflicted, or at the time of his or her death from such injuries, had ceased to be a member, where such injuries were inflicted on the person because of anything done by him or her as a member or merely because of his or her having been a member; | ||
“member” means— | ||
(a) a member of any rank of the Garda Síochána (including the Garda Commissioner) appointed under Part 2 of the Act of 2005 or under an enactment repealed by that Act, | ||
(b) a reserve member within the meaning of section 3(1) of that Act, or | ||
(c) a person who has been admitted to training for the purposes of appointment as a member of the Garda Síochána, | ||
but does not include a member of the civilian staff of the Garda Síochána; | ||
“Minister” means the Minister for Justice; | ||
“prescribed” means prescribed by regulations made by the Minister; | ||
“regulations” means regulations made by the Minister under this Act; | ||
“reporting officer” means a person appointed under subsection (1) or (2)(a) of section 12 ; | ||
“review officer” means a person assigned under subsection (2) or (7)(a) of section 15 . | ||
(2) A reference in this Act to an applicant— | ||
(a) shall include a reference to a person acting on behalf of the applicant in accordance with section 8 (4), and | ||
(b) where a single application for initial assessment is made by more than one person in accordance with section 8 (3)(b), shall include a reference to each such person. |