S.I. No. 646/2002 - Residential Institutions Redress Act 2002 (Section 17) Regulations 2002 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.
- ie)Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.
- ie)Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(
- s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile Statutory InstrumentsIonstraimí Reachtúla 2002 S.I. No. 646/2002 - Residential Institutions Redress Act 2002 (Section 17) Regulations 2002 S.I. No. 646/2002 - Residential Institutions Redress Act 2002 (Section 17) Regulations 2002 AmendmentsLeasuithe I, Noel Dempsey, Minister for Education and Science in exercise of the powers conferred on me by section 17 of the Residential Institutions Redress Act 2002 (No. 13 of 2002) and having regard to the report referred to in section 16 of that Act, hereby make the following regulations: 1. These Regulations may be cited as the Residential Institutions Redress Act 2002 (Section 17) Regulations 2002. 2.
(1)In these Regulations, unless the context otherwise requires - “Act” means the Residential Institutions Redress Act 2002 (No. 13 of 2002); “applicant” has the meaning assigned to it by the Act; “Report” means the report made in accordance with section 16 of 15 January 2002 and entitled “Towards Redress and Recovery”.
(2)In these Regulations - (
- a)a reference to a Regulation or a Schedule is a reference to a Regulation of or a Schedule to these Regulations, unless it is indicated that reference to some other Regulations is intended, and (
- b)a reference to a paragraph or a subparagraph is a reference to the paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended. 3. The Board when making an award or the Review Committee when reviewing an award, as the case may be, shall - (
- a)determine the weighting to be allocated to the applicant concerned by applying the weighting scale specified in the Table set out in Schedule 1 having regard to the Report and in particular to paragraph 7.14 of the Report, and (
- b)having determined the weighting allocated to the applicant in accordance with paragraph (a), make an award to that applicant which is within the limits of the amounts specified in column 3 of the Table set out in Schedule 2 for such weighting. 4. In addition to the award made in accordance with Regulation 3 or 5, the Board or the Review Committee, as the case may be, may make an additional award to an applicant on the same basis as an award of the High Court calculated by reference to the principles of aggravated damages where the Board or the Review Committee is satisfied that it is appropriate to do so having regard to the circumstances of abuse of the applicant but such additional award shall not exceed 20 per cent of the award made in accordance with Regulation 3 or 5. 5. The Board when making an award or the Review Committee when reviewing an award may- (
- a)where the weighting allocated in accordance with Regulation 3 is 100 and (
- b)in the opinion of the Board or the Review Committee, as the case may be, the application concerned is an exceptional case, make an award in excess of €300,000 for such an exceptional case and shall specify the reasons for making such award. 6.
(1)The Board when making an award or the Review Committee when reviewing an award shall include an additional award in respect of the reasonable expenses of medical treatment which the applicant has received for the effects of the injury which the applicant has suffered.
(2)The Board when making an award or the Review Committee when reviewing an award may include an additional award in respect of the reasonable costs of medical treatment which the applicant will receive in the future but such award shall not exceed 10 per cent of the award made in accordance with Regulation 3 or
- The Board shall have regard to the Report when giving effect to these Regulations. SCHEDULE 1 Table of the weighting scale for evaluation of severity of abuse and consequential injury Constitutive elements of redress Severity of abuse Severity of injury resulting from abuse Medically verified physical/psychiatric illness Psycho-social sequelae Loss of opportunity Weighting 1 - 25 1 - 30 1 - 30 1 - 15 SCHEDULE 2 Amounts payable for weightings allocated REDRESS BAND TOTAL WEIGHTING FOR SEVERITY OF ABUSE AND INJURY/EFFECTS OF ABUSE AWARD PAYABLE BY WAY OF REDRESS V 70 OR MORE €200,000 - €300,000 IV 55 - 69 €150,000 - €200,000 III 40 - 54 €100,000 - €150,000 II 25 - 39 €50,000 - €100,000 I LESS THAN 25 Up to €50,000 GIVEN under my Official Seal, this 19th day of December,
- Noel Dempsey, T.D., Minister for Education and Science Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais