Residential Institutions Statutory Fund Act 2012
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Application. |
3.— (1) This Act shall apply to the following person (in this Act referred to as a “former resident”) whether or not he or she is resident in the State: | |
(a) a person who has received an award (other than an award referred to in subsection (2)) under the Act of 2002; | ||
(b) a person who has received an award or settlement referred to in section 7(2) of the Act of 2002. | ||
(2) The following shall not be an award for the purposes of subsection (1)(a): | ||
(a) an award made under section 9 of the Act of 2002, or | ||
(b) an award of a nil amount made under the Act of 2002. | ||
(3) A reference in this Act to a former resident, as appropriate, shall include a reference— | ||
(a) to a person who has been nominated in writing by the former resident for the purposes of making an application under this Act, | ||
(b) where the donor of a power of attorney is a former resident, to a person who is the donee of a power of attorney given the power to act on behalf of the donor of the power, | ||
(c) where the former resident is a ward of court, to the Committee of the Person of that ward, duly authorised in that behalf, or | ||
(d) to a person appointed by a former resident to be his or her attorney under an enduring power of attorney where— | ||
(i) the attorney is not prohibited or restricted by the terms of the power from performing any matter performable under this Act by an attorney, and | ||
(ii) the enduring power of attorney has been registered and the registration has not been cancelled. | ||
(4) In subsection (3)— | ||
“enduring power of Attorney” means a power of attorney within the meaning of section 2 of the Powers of Attorney Act 1996 , which is an enduring power construed in accordance with section 5 of that Act; | ||
“registration” in relation to an enduring power of attorney means registration under section 10 of the Powers of Attorney Act 1996 . |