Garda Síochána (Compensation) Act 2022
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Transitional provisions | ||
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5. (1) Where, before the date of commencement of this Act, the Minister has authorised, under section 6(1)(a) or section 6(1)(b)(iii) of the Act of 1941, an application to be made to the High Court in accordance with that Act, the Act of 1941 and the Act of 1945 shall continue to apply to and in relation to the application, as if those Acts had not been repealed by section 6 and as if this Act had not come into operation. | ||
(2) Where— | ||
(a) before the date of commencement of this Act— | ||
(i) an application for compensation has been refused by the Minister under section 6(1)(b)(i) of the Act of 1941, or | ||
(ii) in relation to an application for compensation, the Minister has made a payment on foot of an opinion formed under section 6(1)(b)(ii) of the Act of 1941, | ||
(b) whether before, on or after the date of commencement of this Act, an application for leave to apply for judicial review is made in relation to the Minister’s refusal or payment, and | ||
(c) the outcome of the judicial review proceedings is an order of certiorari in respect of that refusal or payment, | ||
the court shall, instead of remitting the application for compensation to the Minister to consider under the Act of 1941, order that the person who had made the application for compensation may make an application for initial assessment in accordance with this Act. | ||
(3) Where the court has made an order under subsection (2), the Minister shall, as soon as may be, return the application for compensation and any accompanying documents to the person who made the application, together with a notice in writing informing him or her that an application for initial assessment may be made. | ||
(4) Where, on the date of commencement of this Act, the Minister has not, in relation to an application for compensation— | ||
(a) made an authorisation to which section 6(1)(a) or section 6(1)(b)(iii) of the Act of 1941 applies, as the case may be, | ||
(b) made a refusal to which section 6(1)(b)(i) of the Act of 1941 applies, or | ||
(c) made a payment to which section 6(1)(b)(ii) of the Act of 1941 applies, | ||
the Minister shall, as soon as may be, return the application and any accompanying documents to the person who made the application, together with a notice in writing informing him or her that an application for initial assessment may be made. | ||
(5) Notwithstanding section 10 (1), an application for initial assessment following a notice in writing referred to in subsection (3) or (4) shall be made not later than 6 months after the date of the notice in writing concerned and subsections (4) to (7) of section 10 shall apply to such period as they apply to a period specified in section 10 (1). | ||
(6) Nothing in this Act shall prevent a person from making an application for initial assessment in accordance with this Act in relation to injuries or death as a result of a malicious incident that occurred before the coming into operation of this Act, where the person had not made an application to the Minister under the Act of 1941 in relation to such injuries or death. | ||
(7) The Minister may make regulations enabling this section to have full effect. | ||
(8) In this section, “application for compensation” means an application to the Minister for compensation made under the Act of 1941. |