Mother and Baby Institutions Payment Scheme Act 2023
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Interpretation | ||
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2. (1) In this Act— | ||
“Act of 1970” means the Health Act 1970 ; | ||
“Act of 2014” means the Companies Act 2014 ; | ||
“Act of 2018” means the Data Protection Act 2018 ; | ||
“adult” means a person who has attained the age of 18 years; | ||
“applicant” means— | ||
(a) subject to paragraph (b), a person who makes an application in accordance with section 19 , or | ||
(b) in the case of an application to which section 36 or 37 (2) applies, or proceeded with under section 38 , the person on whose behalf or for the benefit of whose estate the application is made; | ||
“Chief Deciding Officer” means the person appointed under section 8 (1) to be the Chief Deciding Officer; | ||
“child” means a person who has not attained the age of 18 years; | ||
“concluding year” means— | ||
(a) in respect of a relevant institution specified in column 2 of Part 1 of Schedule 1 at any reference number, the year specified in column 4 of that Part at that reference number, and | ||
(b) in respect of a relevant institution specified in column 2 of Part 2 of Schedule 1 at any reference number, the year specified in column 3 of that Part at that reference number, | ||
and includes a concluding year inserted by regulations under subsection (1), or amended by regulations under subsection (3), of section 49 ; | ||
“Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 20161 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation); | ||
“dissolution day” means the day appointed under section 13 ; | ||
“enactment” has the same meaning as it has in the Interpretation Act 2005 ; | ||
“establishment day” means the day appointed under section 5 ; | ||
“general payment” means a payment to which a relevant person is entitled under subsection (1) or (2) of section 18 ; | ||
“health support payment” means a payment to which a relevant person is entitled under section 18 (5); | ||
“information source” means— | ||
(a) a local authority, | ||
(b) the Health Service Executive, | ||
(c) the Child and Family Agency, | ||
(d) the Adoption Authority of Ireland, | ||
(e) the National Archives, or | ||
(f) a person prescribed under section 51 ; | ||
“local authority” means a local authority within the meaning of section 2 of the Local Government Act 2001 ; | ||
“Minister” means the Minister for Children, Equality, Disability, Integration and Youth; | ||
“Office of the Chief Deciding Officer” has the meaning assigned to it by section 7 ; | ||
“personal data” has the same meaning as it has in the Data Protection Regulation; | ||
“personal representative” has the meaning assigned to it by the Succession Act 1965 ; | ||
“prescribed” means prescribed by regulations made by the Minister; | ||
“processing” has the same meaning as it has in the Data Protection Regulation; | ||
“public body” means— | ||
(a) a Minister of the Government, | ||
(b) a local authority, or | ||
(c) a body (other than a company formed and registered under the Companies Act 2014 or an existing company within the meaning of that Act) established by or under any enactment; | ||
“registered medical practitioner” has the same meaning as it has in the Medical Practitioners Act 2007 ; | ||
“registered nurse” has the same meaning as it has in the Nurses and Midwives Act 2011 ; | ||
“relevant institution”, subject to section 49 , means an institution specified in column 2 of Part 1, or column 2 of Part 2, of Schedule 1 ; | ||
“relevant person” means a person who is either or both of the following: | ||
(a) a person who, while the person was a child, was resident in a relevant institution other than in circumstances referred to in paragraph (b); | ||
(b) a person who, while the person was a child or while the person was an adult, or both, was resident in a relevant institution— | ||
(i) for reasons relating to the person’s pregnancy, or the birth or care of the child born as a result of the pregnancy, and | ||
(ii) where the primary purpose of the person’s admission to the relevant institution was the provision to the person of shelter and maintenance; | ||
“Scheme” means the Mother and Baby Institutions Payment Scheme established under section 5 ; | ||
“special categories of personal data” has the same meaning as it has in the Act of 2018; | ||
“work-related payment” means a payment to which a relevant person is entitled under section 18 (3). | ||
(2) For the purposes of this Act, and without prejudice to section 24 (2), a person shall be considered to have been resident in a relevant institution where he or she— | ||
(a) was born in, or admitted as a resident to, and | ||
(b) spent not less than one night in, | ||
the institution. | ||
(3) A reference in paragraph (b) of the definition of “relevant person” in subsection (1) to the provision of shelter and maintenance to a person does not include a reference to the provision of such shelter and maintenance as an incidental part of the provision to the person of medical, surgical or maternity services. | ||