Garda Síochána (Compensation) Act 2022

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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.