Garda Síochána (Compensation) Act 2022
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Preliminary examination of application | ||
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13. (1) The reporting officer shall, as soon as practicable after his or her appointment, examine the application for initial assessment and where he or she— | ||
(a) is not satisfied that the application has been stated to be made by a person to whom section 8 (2) applies, shall— | ||
(i) refuse the application, and | ||
(ii) notify in writing the applicant concerned— | ||
(I) of the refusal referred to in subparagraph (i) and the reasons for that refusal, and | ||
(II) of his or her entitlement to make an application under section 16 for a review of the refusal, | ||
or | ||
(b) is satisfied that the application has been stated to be made by a person to whom section 8 (2) applies, shall— | ||
(i) prepare a report in writing (in this Act referred to as an “initial assessment report”), and | ||
(ii) notify the applicant in writing that he or she is so satisfied and that an initial assessment report is being prepared. | ||
(2) Where an application for initial assessment is made by more than one person in accordance with section 8 (3)(b), the reporting officer shall consider whether each such applicant is stated to be a person to whom section 8 (2)(b) applies and— | ||
(a) if he or she is satisfied that none of the applicants is stated to be a person to whom section 8 (2)(b) applies, subsection (1)(a) shall apply, | ||
(b) if he or she is satisfied that each applicant is stated to be a person to whom section 8 (2)(b) applies, subsection (1)(b) shall apply, or | ||
(c) if he or she is satisfied that at least one applicant is stated to be a person to whom section 8 (2)(b) applies, but is not satisfied that another applicant is stated to be a person to whom section 8 (2)(b) applies— | ||
(i) subsection (1)(b) shall apply to the application as if the second mentioned applicant had not made the application, | ||
(ii) the reporting officer shall refuse the application of the second mentioned applicant, and | ||
(iii) the reporting officer shall notify in writing the second mentioned applicant— | ||
(I) of the refusal referred to in subparagraph (ii) and the reasons for that refusal, and | ||
(II) that he or she may make an application under section 16 for a review of the refusal. |