Citizens Information Act 2007
I mbeagán focal
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.
Cad a rialaíonn sé
- 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.
Cé lena mbaineann sé
- 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.
Príomhphointí
- 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.
Legal text
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.
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- 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 1. Definition. 2. Amendment of section 2
- Change of name of Board.
- Amendment of section 7 of Principal Act.
- Personal advocates.
- Amendment of section 9 of Principal Act.
- Amendment of section 11 of Principal Act.
- Amendment of section 23 of Principal Act.
- Directions to Board.
- Short title, collective citation and commencement. 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
- Amendment of section 2
- 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
- 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
- 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.—
- a)he or she is not less than 18 years of age and, in the opinion of the Director— (
- i)is, by reason of a disability, unable to obtain or has difficulty in obtaining a particular social service or services without the assistance or support of a personal advocate, and (
- ii)there are reasonable grounds for believing that there is, in relation to the person, a risk of harm to his or her health, welfare or safety if he or she is not provided with the social service or services that he or she is seeking to obtain, or (
- b)he or she is under 18 years of age and— (
- i)his or her sole parent or guardian is a qualifying person, or (
- ii)he or she has a disability or, in relation to whom, in the opinion of the Director, there are reasonable grounds for believing that he or she has a disability, and in either case the circumstances are such that it would be unreasonable to expect a parent or guardian of the person to act on his or her behalf in obtaining a particular social service or services without the assistance or support of a personal advocate, and, in the opinion of the Director, there are reasonable grounds for believing that there is, in relation to the person, a risk of harm to his or her health, welfare or safety if he or she is not provided with the social service or services that he or she is seeking to obtain.
- a)the needs of qualifying persons to have personal advocates assigned to them; (
- b)the degrees of risk of harm to the health, welfare or safety of qualifying persons if they are not provided with the social service or services that they are seeking to obtain; (
- c)the benefits likely to accrue to qualifying persons if personal advocates are assigned to them; (
- d)the availability to qualifying persons of advocacy services otherwise than under this Act; and (
- e)such other matters as the Board considers appropriate or as may be prescribed by regulations made by the Minister, which he or she is hereby authorised to make for that purpose.
- a)The Director shall, if the Director or a member of the staff of the Board who is authorised to perform the functions of the Director under section 7B is informed by a person (in this subsection referred to as a ‘specified person’) that he or she is of opinion in relation to another person that the second-mentioned person is a qualifying person, provide information to the person in relation to the Personal Advocacy Service and, in particular, the requirements of section 7B in respect of an application for the assignment of a personal advocate to a person. (
- b)In this subsection ‘specified person’, in relation to another person, means a member of that person’s family, a carer of that 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 that person.
- 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
- 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
- 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
- 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.
- a)obtain from a statutory body or voluntary body any information relating to the person that the personal advocate considers necessary; (
- b)attend and represent the person at any meeting, consultation or discussion at which the interests of the person are being considered and which the person would have attended if he or she were not a qualifying person; and (
- c)identify any person referred to in subsection
- b)3 members who represent persons with a disability, and”, (
- d)in subsection
- 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