Historical Institutional Abuse (Northern Ireland) Act 2019

JurisdictionUK Non-devolved
(1) The Historical Institutional Abuse Redress Board is established (and referred to in this Act as “the Board”) .(2) Schedule 1 makes further provision about the Board.(1) An application for compensation under this Part may be made by or in respect of a person who suffered abuse while a child and while resident in an institution at some time between 1922 and 1995 (both inclusive) ; but this is subject to sections 3 and 4.having suffered sexual, physical or emotional abuse or neglect or maltreatment,having witnessed one or more other children suffer abuse of a kind referred to in paragraph (a) ,having otherwise been exposed to a harsh environment, orhaving been sent to Australia under the programme commonly known as the “Child Migrants Programme”.(3) “Institution” means an institution in Northern Ireland in which a body, society or organisation with responsibility for the care, health and welfare of children provided residential accommodation for children, took decisions about them and made provision for their day-to-day care.a school certified under the Children Act 1908,a training school under the Children and Young Persons Act (Northern Ireland) 1950 or 1968,a Borstal institution, ora young offenders centre under the Treatment of Offenders Act (Northern Ireland) 1968.the body, society or organisation which provided residential accommodation for the child in the institution, ora person authorised by that body, society or organisation.(6) But subsection (5) does not apply to a case within subsection (2) (c) ; and subsection (2) (c) is accordingly to be read as referring only to a person who was exposed to a harsh environment while in the institution in question.(7) The reference in subsection (1) to a person who suffered abuse while resident in an institution is, in a case within subsection (2) (d) , to be read as a reference to a person who was resident in an institution immediately before being sent to Australia as mentioned in that provision.(1) An application for compensation under this Part may not be made in respect of a person who died before 28 April 1953.in respect of a person who died on or after 28 April 1953 and before 1 March 2018,in respect of a person who died on or after 1 March 2018 and in respect of whom compensation has not been awarded, and no application for compensation is pending, under the IICSA scheme for having suffered that abuse, orby a person who has not been awarded compensation, and who does not have an application for compensation pending, under the IICSA scheme for having suffered that abuse.(3) Subsection (2) (b) or (c) does not prevent an application for compensation for having suffered the abuse referred to in section 2(2) (d) being made under this Part if the applicant withdraws the application under the IICSA scheme.(4) In this section, “the IICSA scheme” means a scheme for compensation established by Her Majesty's Government in the United Kingdom in response to the inquiry established under section 1 of the Inquiries Act 2005 and known as the Independent Inquiry into Child Sexual Abuse.a court has dismissed a claim arising from a relevant matter brought

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