Institutional Burials Act 2022
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Application to Circuit Court by person who refuses an offer of compensation | ||
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94. (1) A person who refuses an offer of compensation made under section 91 or 92 within the period of time allowed for such refusal may, at any time during such period or within 7 days following the expiration of that period, make an application to the Circuit Court for a variation of the amount of compensation. | ||
(2) An application under subsection (1) shall— | ||
(a) be made on notice to the Director, and | ||
(b) state the basis on which a variation is being sought to the amount of compensation offered. | ||
(3) The Circuit Court shall— | ||
(a) in determining an application made under subsection (1) consider— | ||
(i) the amount of the compensation offered and the basis on which that amount was calculated, and | ||
(ii) the reasons given by the applicant for seeking a variation of the amount of compensation offered, | ||
and | ||
(b) where it considers that the compensation offered is appropriate, by order confirm the amount of compensation or where it considers that the compensation offered is not appropriate, by order vary the amount of compensation. | ||
(4) Compensation payable pursuant to an order made under subsection (3) shall be paid in accordance with section 93 (3). |