Citizens Information Act 2007
What is this act about?
Is éard atá sa dlí seo ná leasú ar an Comhairle Act 2000 chun ainm na Comhairle a athrú go dtí an Bord Faisnéise do Shaoránaigh agus chun a feidhmeanna a leathnú, go háirithe trí sheirbhís abhcóideachta pearsanta a chur ar fáil do dhaoine áirithe faoi mhíchumas.
Who it applies to: An Comhairle (atá anois an Bord Faisnéise do Shaoránaigh); Daoine aonair, go háirithe iad siúd faoi mhíchumas, a dteastaíonn cúnamh uathu chun seirbhísí sóisialta a fháil.
At a glance
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- Ireland
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- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- Athraíonn sé ainm Comhairle go dtí an Bord Faisnéise do Shaoránaigh (Citizens Information Board).
- Leathnaíonn sé feidhmeanna an Bhoird chun tacú le seirbhísí abhcóideachta a sholáthar, go háirithe do dhaoine faoi mhíchumas.
- Cuireann sé seirbhís abhcóideachta pearsanta ar fáil do dhaoine cáilitheacha.
- Sonraíonn sé na coinníollacha faoina bhféadfaidh an Bord tacaíocht airgeadais nó eile a sholáthar do chomhlachtaí deonacha.
Who does this act apply to?
- An Comhairle (atá anois an Bord Faisnéise do Shaoránaigh).
- Daoine aonair, go háirithe iad siúd faoi mhíchumas, a dteastaíonn cúnamh uathu chun seirbhísí sóisialta a fháil.
What are the key points?
- Athraítear ainm Comhairle go dtí an Citizens Information Board (nó An Bord um Fhaisnéis do Shaoránaigh).
- Tá sé de fheidhm ag an mBord tacú le seirbhísí abhcóideachta a sholáthar, nó iad a sholáthar go díreach, go háirithe do dhaoine faoi mhíchumas.
- Cuirfear Seirbhís Abhcóideachta Pearsanta ar fáil do dhaoine cáilitheacha, ag cur san áireamh acmhainní airgeadais an Bhoird agus an bhféadfaidh daoine cáilitheacha seirbhísí abhcóideachta a fháil ar bhealach eile.
- Is duine cáilitheach é duine atá 18 mbliana d'aois ar a laghad agus, de réir thuairim an Stiúrthóra, atá, mar gheall ar mhíchumas, in ann seirbhís shóisialta nó seirbhísí sóisialta áirithe a fháil nó a bhfuil deacracht aige nó aici iad a fháil gan cúnamh nó tacaíocht ó abhcóide pearsanta, agus go bhfuil forais réasúnacha ann chun a chreidiúint go bhfuil riosca díobhála dá shláinte, dá fholláine nó dá shábháilteacht mura gcuirtear an tseirbhís shóisialta nó na seirbhísí sóisialta a bhfuil sé nó sí ag iarraidh a fháil ar fáil dó nó di.
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Citizens Information Act 2007 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 ActsAchtanna 2007 Citizens Information Act 2007 Citizens Information Act 2007 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 2 of 2007 CITIZENS INFORMATION ACT 2007 ARRANGEMENT OF SECTIONS Section
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Acts Referred to Comhairle Act 2000 2000, No. 1 Comptroller and Auditor General (Amendment) Act 1993 1993, No. 8 Data Protection Acts 1988 and 2003 Disability Act 2005 2005, No. 14 Petty Sessions (Ireland) Act 1851 14 & 15 Vic., c. 93 Social Welfare Consolidation Act 2005 2005, No. 26 Number 2 of 2007 CITIZENS INFORMATION ACT 2007 AN ACT TO AMEND THE COMHAIRLE ACT 2000 TO CHANGE THE NAME OF COMHAIRLE, SO THAT IT SHALL BE KNOWN, IN THE ENGLISH LANGUAGE, AS THE CITIZENS INFORMATION BOARD OR, IN THE IRISH LANGUAGE, AS AN BORD UM FHAISNÉIS DO SHAORÁNAIGH, TO AMEND AND EXTEND ITS FUNCTIONS AND, IN PARTICULAR, TO CONFER A FUNCTION ON IT TO PROVIDE, OR ARRANGE FOR THE PROVISION OF, A PERSONAL ADVOCACY SERVICE TO CERTAIN PERSONS WITH DISABILITIES, TO MAKE CERTAIN CHANGES TO ITS MEMBERSHIP AND TO PROVIDE FOR RELATED MATTERS. [21st February, 2007] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Definition.
1.— In this Act “ Principal Act” means Comhairle Act 2000.
Amendment of section 2(1) of Principal Act.
2.— Section 2(1) of the Principal Act is amended— (a) by the substitution of the following definition for the definition of “Board”: “ ‘ Board ’ has the meaning assigned to it by section 6, as amended by section 3 of the Citizens Information Act 2007;”, (b) by the substitution of the following definition for the definition of “voluntary body”: “ ‘ voluntary body’ means— (a) a body corporate, or (b) an unincorporated body of persons, other than a statutory body, and includes a body commonly known as a Citizen Information Service or a Citizen Information Centre;”, and (c) by the insertion of the following definitions: “ ‘ deciding officer ’ has the meaning it has in section 2
Change of name of Board.
3.— (1) The name of Comhairle is hereby changed and, following the passing of this Act, it shall be known, in the English language, as the Citizens Information Board or, in the Irish language, as An Bord um Fhaisnéis do Shaoránaigh.
Amendment of section 7 of Principal Act.
4.— Section 7 of the Principal Act is amended— (a) in subsection (1), by the substitution of the following paragraphs for paragraphs (b) and (c): “(b) to support the provision of or, where the Board considers it appropriate, to provide directly, advocacy services to individuals, in particular those with a disability, that would assist them in identifying and understanding their needs and options and in securing their entitlements to social services, (bb) to provide, or to arrange for the provision of, a Personal Advocacy Service to qualifying persons and, in so doing, the Board shall take account of the following: (i) the financial resources of the Board; and (ii) whether qualifying persons can obtain advocacy services otherwise than under this Act, (c) to support, promote and develop— (i) greater accessibility, co-ordination and public awareness of social services, and (ii) the provision and dissemination of integrated information in relation to such services by statutory bodies and voluntary bodies,”; and (b) by the insertion of the following subsections after subsection (1): “(1A) The Board shall, subject to the approval of the Minister, determine the terms on which and the conditions subject to which it may— (a) support the provision of information, advice or advocacy services under subsection (1), and (b) provide financial or other resources to a voluntary body under subsection (1)(e) or to a body specified by the Minister under subsection (1)(h), and different terms and conditions may apply under paragraphs (a) and (b) and in relation to different types of bodies. (1B) The Board shall, in determining the terms and conditions under subsection (1A), have regard to the objective of it promoting the provision of an integrated, reliable and comprehensive information service of the highest quality. (1C) The Board may, for the purpose of providing the support referred to in paragraph (a) of subsection (1A) or the financial or other resources referred to in paragraph (b) of that subsection, request the body or person concerned to furnish it with information in such form and at such times as it may require. (1D) The Board may refuse to provide the support referred to in paragraph (a) of subsection (1A), or the financial or other resources referred to in paragraph (b) of that subsection, if the body or person concerned does not comply with the terms and conditions determined under that subsection or if it fails or refuses to furnish the Board with any information requested of the body or person concerned under subsection (1C).
(1E) The Board, in performing the functions conferred on it by or under this section, shall have regard to the need for it to co-operate with statutory bodies and voluntary bodies.”.
Personal advocates.
5.— The Principal Act is amended by the insertion of the following sections after section 7: “Personal Advocacy Service.
7A.— (1) The Chief Executive may designate such and so many members of the staff of the Board as he or she considers appropriate to be personal advocates to qualifying persons (hereinafter referred to as ‘personal advocates’) and a person so designated shall hold office as a personal advocate for such period as the Chief Executive may determine.
Application for assignment of personal advocate.
7B.— (1) A person who is of opinion that he or she is a qualifying person (in this section referred to as an ‘applicant’) may apply in writing, or in such other form as may be specified by the Minister, to the Director for the assignment of a personal advocate to him or her and he or she shall specify in the application the social service or services that he or she is seeking to obtain.
Appeals.
7C.— (1) Chapters 2 (other than sections 309, 312, 315, 316(3) and 321) and 4 of Part 10 of the Social Welfare Consolidation Act 2005 shall apply to an appeal against a decision of the Director under section 7B in the same manner as they apply to appeals against a decision of a deciding officer under Chapter 1 of that Part, subject to the following and any other necessary modifications: (a) in section 304, the insertion of ‘and section 7C (inserted by section 5 of the Citizens Information Act 2007) of the Comhairle Act 2000 ’ after ‘for the purposes of this Act’; (b) in section 307, the substitution of references to the Director for references to a deciding officer; (c) in section 311— (i) the substitution of the following subsection for subsection (1): ‘(1) Where any person is dissatisfied with the decision given by the Director, the question shall, on notice of appeal being given, by or on behalf of that person, to the Chief Appeals Officer within the prescribed time, be referred to an appeals officer.’, and (ii) in subsection (3)— (I) the deletion of ‘or section 312’, (II) the substitution of a reference to the Director for the reference to the deciding officer, and (III) the deletion of ‘, or the determination of the employee of the Executive, as the case may require,’; (d) the substitution of the following section for section 319: ‘Effect of revised decision by appeals officer.
319.— A revised decision given by an appeals officer shall take effect from the date considered appropriate by the appeals officer having regard to the circumstances of the case.’; (e) the substitution of the following section for section 320: ‘Decision of appeals officer to be final and conclusive.
320.— The decision of an appeals officer on any question arising under section 7C (inserted by section 5 of the Citizens Information Act 2007) of the Comhairle Act 2000 shall, subject to sections 317, 318 and 327, be final and conclusive.’; (f) in section 328, the deletion of ‘a deciding officer or’; (g) the substitution of the following section for section 329: ‘Revision to include revision consisting of reversal.
329.— A reference in this Part to a revised decision given by an appeals officer includes a reference to a revised decision which reverses the original decision.’; and (h) the substitution of the following section for section 330: ‘Regulations.
330.— The Minister may make regulations specifying the procedures to be followed by an appeals officer when deciding questions under section 311, including that section as applied by subsection (1) of section 7C (inserted by section 5 of the Citizens Information Act 2007) of the Comhairle Act 2000 .’.
Functions of personal advocate.
7D.— (1) A personal advocate assigned to a qualifying person under this Act shall— (a) if appropriate, make or assist in making an application for an assessment under Part 2 of the Disability Act 2005 in respect of the person and assist, support and represent the person in accordance with the said Part 2 in relation to the application, assessment and service statement (if any) prepared in respect of the person, (b) assist, support and represent the person— (i) to apply for and obtain a social service or services specified in the application under section 7B(1) concerned or, if appropriate, in a service statement prepared in respect of the person, and (ii) if the personal advocate considers it appropriate to do so, to pursue any right of review, reference or appeal to a body other than a court if the application for such service or services is refused, and (c) for the purpose of assisting the person to promote the best interests of his or her health, welfare and well-being, provide support or training or both to— (i) the person, or (ii) a member of the person’s family, a carer of the person or any other person, including a member of an organisation or group, who is actively involved in promoting the health, welfare or well-being of the person, or both for so long as the personal advocate is performing functions under paragraph (a) or (b) in respect of the person.
Liability for offences by bodies corporate.
7E.— (1) Where an offence under section 7D(5) is committed by a body corporate and is proved to have been committed with the consent, connivance or approval of, or to have been attributable to any wilful neglect on the part of, any person, being a director, manager, secretary or other officer of the body corporate or a person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
Arrangement to provide services of personal advocates.
7F.— The Board, with the approval of the Minister and subject to such terms and conditions as are considered appropriate, may arrange for the functions of personal advocates under section 7D to be performed by persons other than members of the staff of the Board and sections 7A to 7E shall, with any necessary modifications, apply to such persons.”.
Amendment of section 9 of Principal Act.
6.— Section 9 of the Principal Act is amended— (a) in subsection (1), by the substitution of “15 members” for “20 members”, (b) in subsection (3), by the substitution of “5 years” for “3 years”, (c) in subsection (4), by the substitution of the following paragraph for paragraph (b): “(b) 3 members who represent persons with a disability, and”, (d) in subsection (12), by the substitution of “6 members” for “8 members” in both places where it occurs, and (e) by the deletion of subsection (13).
Amendment of section 11 of Principal Act.
7.— Section 11 of the Principal Act is amended by the substitution of the following subsection for subsection (3): “(3) The quorum for a meeting of the Board shall be 8 or such lesser number (being not less than 5) as the Board may from time to time determine.”.
Amendment of section 23 of Principal Act.
8.— Section 23 of the Principal Act is amended by the substitution of the following subsection for subsection (1): “(1) The Chief Executive shall, whenever required to do so by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, give evidence to that Committee on— (a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General which the Board or the Chief Executive is required by this Act to prepare, (b) the economy and efficiency of the Board in the use of its resources, (c) the systems, procedures and practices employed by the Board for the purpose of evaluating the effectiveness of its operations, and (d) any matter affecting the Board referred to in a special report of the Comptroller and Auditor General under section 11(2) of the Comptroller and Auditor General (Amendment) Act 1993 or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in paragraph (a), (b) or (c)) that is laid before Dáil Éireann.”.
Directions to Board.
9.— The Principal Act is amended by the insertion of the following section after section 24: “Directions to Board.
24A.— The Minister may give to the Board such general policy directions (including directions to undertake campaigns to disseminate information relating to a particular social service or services) with regard to the performance of its functions as he or she considers appropriate, and the Board shall comply with any such directions.”.
Short title, collective citation and commencement.
10.— (1) This Act may be cited as the Citizens Information Act 2007.
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