Disability Act 2005

Changes to legislation: as of 12 September 2024, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the Disability Act 2005. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Policing, Security and Community Safety Act 2024 (1/2024), enacted 7 February 2024, and all statutory instruments up to and including the Irish Aviation Authority (Fees) Order 2015 (Revocation) Order 2024 (S.I. No. 80 of 2024), made 8 February 2024, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

Number 14 of 2005

DISABILITY ACT 2005

Updated to 7 February 2024

ARRANGEMENT OF SECTIONS

Preliminary and General

Assessment of Need, Service Statements and Redress

Access to Buildings and Services and Sectoral Plans

Public Service Employment

Centre for Excellence in Universal Design

Acts Referred to

Air Navigation and Transport Act 1965

Broadcasting Act 2001

Civil Service Regulation Act 1956

Companies Acts 1963 to 2003

Data Protection Act 1988

Data Protection Acts 1988 and 2003

Data Protection (Amendment) Act 2003

Defence Act 1954

Education Act 1998

Education for Persons with Special Educational Needs Act 2004

Employment Equality Act 1998

Equal Status Act 2000

Equality Act 2004

Health Acts 1947 to 2004

Health Insurance Acts 1994 and 2003

Heritage Act 1995

Housing Act 1966

Housing Act 1988

Local Government Act 2001

Merchant Shipping Act 1992

Merchant Shipping (Safety Convention) Act 1952

National Disability Authority Act 1999

National Monuments Acts 1930 to 2004

Ombudsman Act 1980

Petty Sessions (Ireland) Act 1851

14 & 15 Vict., c. 93

Planning and Development Act 2000

Public Service Management (Recruitment and Appointments) Act 2004

Social Welfare Acts

Wildlife Acts 1976 and 2000

Number 14 of 2005

DISABILITY ACT 2005

Updated to 7 February 2024

AN ACT TO ENABLE PROVISION TO BE MADE FOR THE ASSESSMENT OF HEALTH AND EDUCATION NEEDS OCCASIONED TO PERSONS WITH DISABILITIES BY THEIR DISABILITIES, TO ENABLE MINISTERS OF THE GOVERNMENT TO MAKE PROVISION, CONSISTENT WITH THE RESOURCES AVAILABLE TO THEM AND THEIR OBLIGATIONS IN RELATION TO THEIR ALLOCATION, FOR SERVICES TO MEET THOSE NEEDS, TO PROVIDE FOR THE PREPARATION OF PLANS BY THE APPROPRIATE MINISTERS OF THE GOVERNMENT IN RELATION TO THE PROVISION OF CERTAIN OF THOSE, AND CERTAIN OTHER SERVICES, TO PROVIDE FOR APPEALS BY THOSE PERSONS IN RELATION TO THE NON-PROVISION OF THOSE SERVICES, TO MAKE FURTHER AND BETTER PROVISION IN RESPECT OF THE USE BY THOSE PERSONS OF PUBLIC BUILDINGS AND THEIR EMPLOYMENT IN THE PUBLIC SERVICE AND THEREBY TO FACILITATE GENERALLY ACCESS BY SUCH PERSONS TO CERTAIN SUCH SERVICES AND EMPLOYMENT AND TO PROMOTE EQUALITY AND SOCIAL INCLUSION AND TO PROVIDE FOR RELATED MATTERS.

[8th July, 2005]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

Functions in Part 2 transferred and references construed (1.03.2023) by Specialist Community-Based Disability Services (Transfer of Departmental Administration and Ministerial Functions) Order 2022 (S.I. No. 688 of 2022), arts. 2(a), (b)(ii), 4 and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 5-9.

2. In this Order, “relevant function” means –

(a) any function transferred by Article 4 of this Order, and

(b) any function transferred to the Minister for Children, Equality, Disability, Integration and Youth by – .

(ii) the Disability Act 2005 (No. 14 of 2005),

in so far only as the function consists of, or is connected with, specialist community-based disability services, within the meaning of the Health Act 2004, or any such other function otherwise assigned to that Minister by any of those Acts.

3. (1) The administration and business in connection with the exercise, performance or execution of any relevant function are transferred to the Department of Children, Equality, Disability, Integration and Youth.

(2) References to the Department of Health contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Children, Equality, Disability, Integration and Youth.

4. (1) The functions vested in the Minister for Health – .

(b) by or under the provisions of the enactments specified in Part 2 of the Schedule, and

are transferred to the Minister for Children, Equality, Disability, Integration and Youth.

(2) References to the Minister for Health contained in any Act or instrument made under such Act, and relating to any relevant function shall, on and after the commencement of this Order, be construed as references to the Minister for Children, Equality, Disability, Integration and Youth.

Part 2 of the Disability Act 2005

Functions transferred and references construed (14.10.2020) by Disability, Equality, Human Rights, Integration and Reception (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 436 of 2020), arts. 2, 3(1)(a), (3) and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.

Note change of name of Department and title of Minister to Department of and Minister for Children, Equality, Disability, Integration and Youth made (15.10.2020) by Children and Youth Affairs (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 437 of 2020), in effect as per art. 1(2).

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Children and Youth Affairs.

(2) References to the Department of Justice and Equality contained in any Act or instrument made under such Act and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Children and Youth Affairs.

3. (1) The functions vested in the Minister for Justice and Equality -

(a) by or under the enactments specified in Schedule 1, and

are transferred to the Minister for Children and Youth Affairs.

(3) References to the Minister for Justice and Equality contained in any Act or instrument made under such Act, and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Children and Youth Affairs.

Enactments, functions by or under which are transferred from the Minister for Justice and Equality to the Minister for Children and Youth Affairs

Disability Act 2005 (No. 14 of 2005)

Editorial Notes:

Previous affecting provision: functions in relation to Act transferred and Department of and Minister for Community, Equality and Gaeltacht Affairs construed (1.04.2011) by Equality, Integration, Disability and Human Rights (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 139 of 2011), arts. 2, 3 and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-6; superseded as per C-note above.

Previous affecting provision: functions in relation to Act transferred (1.06.2010) by Equality, Integration, Disability and Human Rights (Transfer of Departmental Administration and Ministerial Functions) Order 2010 (S.I. No. 217 of 2010), arts. 2, 3 and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-6; superseded as per E-note above.

Preliminary and General

Short title and commencement.

1.—(1) This Act may be cited as the Disability Act 2005.

(2) Subject to subsection (3), this Act shall, except in relation to a provision whose commencement is otherwise provided for by this Act, come into operation on such day or days as, by order or orders made by the Minister, may be fixed therefor either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions.

(3) Part 2 shall come into operation on such day or days as, by order or orders made by the Minister for Health and Children, where appropriate, after consultation with the Minister for Education and Science, may be fixed therefor either generally or with reference to persons of different ages or with reference to any other particular purpose or provision and different days may be so fixed for persons of different ages, for other different purposes or for different provisions.

Annotations

Editorial Notes:

Power pursuant to section exercised (6.01.2022) by Disability Act 2005 (Commencement) Order 2022 (S.I. No. 3 of 2022).

2. The 6th day of January 2022 is fixed as the date on which Part 2 of the Disability Act 2005 (No. 14 of 2005) shall, in so far as it is not already in operation, come into operation in relation to persons born on or after the 1st day of June 2002.

Power pursuant to section exercised (1.06.2007) by Disability Act 2005 (Commencement) Order 2007 (S.I. No. 234 of 2007).

2. The 1st June 2007 is hereby fixed as the day on which the provisions of Part 2 of the Disability Act 2005 comes into operation in relation to persons under 5 years of age.

Power pursuant to subs. (2) exercised (29.07.2005, 31.12.2005 and 1.01.2007) by Disability Act 2005 (Commencement) Order 2005 (S.I. No. 474 of 2005).

3. (1) The 29th day of July 2005 is fixed as the day on which the following provisions of the Act of 2005 come into operation:

(b) sections 24, 30, 31, 32, 33, 34, 35, 36 and 37; and

(2) The 31st day of December 2005 is fixed as the day on which the following provisions of the Act of 2005 come into operation:

(a) sections 38, 39 and 40; and

(b) Part 4; and

(3) The 1st day of January 2007 is fixed as the day on which Part 6 of the Act of 2005 comes into operation.

2.—(1) In this Act, except where the context otherwise requires—

“Defence Forces” has the meaning assigned to it by the Defence Act 1954;

“disability”, in relation to a person, means a substantial restriction in the capacity of the person to carry on a profession, business or occupation in the State or to participate in social or cultural life in the State by reason of an enduring physical, sensory, mental health or intellectual impairment;

“Executive” means the Health Service Executive;

“functions” includes powers and duties and references to the performance of functions include, with respect to powers and duties, references to the exercise of the powers and the carrying out of the duties;

“head” in relation to a public body means, the person who holds, or performs the functions of the office of the chief executive officer (by whatever name called) of the body;

“local authority” has the meaning assigned to it by the Local Government Act 2001;

“Minister” means the Minister for Justice, Equality and Law Reform;

“passenger transport service” does not include an air service within the meaning of the Air Navigation and Transport Act 1965 or a service provided by a person who only operates a train service or railway infrastructure of historic or touristic interest;

“public body” means—

(a) a Department of State,

(b) the Office of the President,

(d) the Office of the Comptroller and Auditor General,

(e) the F1 [ Houses of the Oireachtas Service ] ,

(f) a local authority,

(g) the Executive,

(h) a person, body or organisation (other than the Defence Forces) established—

(i) by or under any enactment (other than the Companies Acts 1963 to 2003), or

(ii) under the Companies Acts 1963 to 2003, in pursuance of powers conferred by or under another enactment, and financed wholly or partly, whether directly or indirectly, by means of moneys provided, or loans made or guaranteed, by a Minister of the Government or shares held by or on behalf of a Minister of the Government;

“service” means a service or facility of any kind provided by a public body which is available to or accessible by the public generally or a section of the public and, without prejudice to the generality of the foregoing, includes—

(a) the use of any place or amenity owned, managed or controlled by a public body,

(b) the provision of information or an information resource or a scheme or an allowance or other benefit administered by a public body,

(d) any service provided by a court or other tribunal.

(a) a reference to a Part, section or Schedule is a reference to a Part or section of, or a Schedule to this Act, unless it is indicated that a reference to some other provision is intended,

(b) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that a reference to some other provision is intended,

(c) a reference to any enactment or instrument made under statute is a reference to that enactment or instrument as amended, adapted or extended at any time by any enactment or instrument made under statute.

Annotations

Substituted (1.01.2010) by Houses of the Oireachtas Commission (Amendment) Act 2009 (44/2009), s. 14 and sch. part 1 item 8, commenced as per s. 15(3).

Modifications (not altering text):

3. (1) The functions vested in the Minister for Justice and Equality -

(a) by or under the enactments specified in Schedule 1, and

are transferred to the Minister for Children and Youth Affairs.

Enactments, functions by or under which are transferred from the Minister for Justice and Equality to the Minister for Children and Youth Affairs

Disability Act 2005 (No. 14 of 2005)

Orders and regulations.

3.—(1) The Minister may, with the consent of the Minister for Finance—

(a) by regulations provide, subject to the provisions of this Act, for any matter referred to in Part 2 as prescribed or to be prescribed, and

(b) in addition to any other power conferred on him or her to make regulations, make regulations generally for the purposes of, and for the purpose of giving full effect to, Part 2.

(2) Where the Minister proposes to make regulations under this section, he or she shall, before doing so, consult with such other (if any) Minister of the Government as the Minister considers appropriate having regard to the functions of that other Minister of the Government.

(3) An order or regulation under this Act (other than an order under section 1) may contain such incidental, supplementary and consequential provisions as appear to the Minister of the Government concerned to be necessary or expedient for the purposes of the order or regulation.

(4) Every order (other than an order under section 1) or regulation under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

(5) A Minister of the Government by whom an order under this Act is made may by order amend or revoke the order.

(6) In this section “Minister” means the Minister for Health and Children.

Annotations

Modifications (not altering text):

Functions transferred and references to “Minister for Health” construed (29.11.2023) by Specialist Community-Based Disability Services (Transfer of Departmental Administration and Ministerial Functions) Order 2023 (S.I. No. 595 of 2023), arts. 2, 3, in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.

(2) References to the Department of Health contained in any Act or any instrument made under an Act and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Children, Equality, Disability, Integration and Youth.

3. (1) The functions vested in the Minister for Health by or under section 3 of the Disability Act 2005 (No. 14 of 2005) are transferred to the Minister for Children, Equality, Disability, Integration and Youth.

(2) References to the Minister for Health contained in any Act or instrument made under an Act and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Children, Equality, Disability, Integration and Youth.

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

1922 to 2011 Enactments

Number and Year

Disability Act 2005

Sections 3 and 47

Editorial Notes:

Power pursuant to section exercised (5.12.2023) by Disability (Assessment of Needs, Service Statements and Redress) (Amendment) Regulations 2023 (S.I. No. 601 of 2023).

4.—(1) The expenses incurred by a Minister of the Government (other than the Minister for Finance) in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

(2) The expenses incurred by the Minister for Finance in the administration of this Act shall be paid out of moneys provided by the Oireachtas.

Provision of resources and extent of provision.

5.—(1) In this section—

“Minister” means a Minister of the Government;

“relevant public body”, in relation to a Minister, means a public body which provides services under this Act in relation to which that Minister allocates moneys;

“service plan”, in relation to a specified body, means a service plan or other similar document approved by the Minister to whom that body is required by an enactment to submit such a plan or document;

“specified body” means the Executive or any other public body which is not the subject of an allocation by a Minister under subsection (2).

(2) Where, in the financial year 2005 or any subsequent such year, a Minister or a relevant public body in relation to that Minister provides or arranges for the provision of services under this Act, that Minister shall, subject to subsections (4) and (5), allocate out of the moneys available to him or her for that year such amount as he or she considers appropriate for the provision of those services.

(3) Where, in the financial year 2005 or any subsequent such year, a specified body provides or arranges for the provision of services under this Act, that body shall, subject to subsections (4) and (5), allocate out of the moneys available to it for that year such amount as it considers appropriate for the provision of those services.

(4) In determining the appropriate allocation under subsection (2) or (3) in a financial year, the Minister or specified body concerned shall ensure that the amount remaining after the allocation is not less than the amount that is appropriate, having regard, inter alia, to—

(a) the extent of the Minister's or the specified body's other obligations in that year, and

(b) in the case of a specified body, its service plan for that year,

for the performance of the functions conferred on the Minister or the specified body other than by this Act.

(5) If satisfied that the amount of the moneys allocated under subsection (2) or (3) in a financial year is the maximum amount permitted by this section to be so allocated—

(a) the Minister or specified body concerned, as the case may be, shall not be required to allocate, and nothing in this Act shall be construed as requiring the allocation of, additional moneys under subsection (2) or (3) for that year, and

(b) the Minister or a relevant public body in relation to the Minister or a specified body, as the case may be, shall not be required to provide, and nothing in this Act shall be construed as requiring the provision by or on behalf of the Minister, the relevant public body or the specified body of, services under this Act in that year the cost of the provision of which could not be met out of the moneys allocated under subsection (2) or (3).

Review of operation of Act.

6.—The Minister shall, not later than 5 years after the commencement of this Act, carry out a review of the operation of this Act.

Assessment of Need, Service Statements and Redress

Annotations

Modifications (not altering text):

2. In this Order, “relevant function” means –

(a) any function transferred by Article 4 of this Order, and

(b) any function transferred to the Minister for Children, Equality, Disability, Integration and Youth by – .

(ii) the Disability Act 2005 (No. 14 of 2005),

4. (1) The functions vested in the Minister for Health – .

(b) by or under the provisions of the enactments specified in Part 2 of the Schedule, and

are transferred to the Minister for Children, Equality, Disability, Integration and Youth.

Part 2 of the Disability Act 2005

Interpretation (Part 2).

7.—(1) In this Part—

“appeals board” means the Special Education Appeals Board established under section 36 of the Act of 2004;

“appeals officer” shall be construed in accordance with section 16;

“applicant” means the person who is the subject of an application;

“application” means an application under section 9 to the Executive for an assessment;

“assessment” means an assessment undertaken or arranged by the Executive to determine, in respect of a person with a disability, the health and education needs (if any) occasioned by the disability and the health services or education services (if any) required to meet those needs;

“assessment officers” shall be construed in accordance with section 8;

“assessment report” shall be construed in accordance with section 8;

“child” means a person under the age of 18 years;

“complaints officer” shall be construed in accordance with section 15;

“Council” means the National Council for Special Education;

“education service” means a service provided by a recognised school or centre for education (within the meaning in each case of the Education Act 1998) or by a person or body specified by the Minister for Education and Science who provides a programme of education, training or instruction and “education service provider” shall be construed accordingly;

“head”, in relation to an education service provider, means the person who holds or performs the functions of the office of chief executive officer (by whatever name called) of the service provider;

“health service” means a service (including a personal social service) provided by or on behalf of the Executive;

“liaison officer” shall be construed in accordance with section 11;

“Minister” means the Minister for Health and Children;

“prescribed” means prescribed by regulations made by the Minister.

(2) In the definition of “disability” in section 2, “substantial restriction” shall be construed for the purposes of this Part as meaning a restriction which—

(a) is permanent or likely to be permanent, results in a significant difficulty in communication, learning or mobility or in significantly disordered cognitive processes, and

(b) gives rise to the need for services to be provided continually to the person whether or not a child or, if the person is a child, to the need for services to be provided early in life to ameliorate the disability.

(3) References in this Part to the Council shall be construed as references to the Council with, in addition to the functions conferred by the Act of 2004, the following functions:

(a) to assist the Executive in the assessment of adults with disabilities and the preparation of service statements;

(b) to consult with the Executive, education service providers and such other persons as the Council considers appropriate for the purposes of facilitating the provision of education services to persons with disabilities in accordance with this Part;

(c) in consultation with the Minister for Education and Science and the Executive, to plan and co-ordinate the provision of education services to adults with disabilities in accordance with this Part;

(d) to assess and review the resources required in relation to educational provision for adults with disabilities.

(4) References in this Part to the appeals board shall be construed as references to the appeals board with, in addition to the functions conferred by the Act of 2004, the function of hearing and determining an appeal under section 11 (5).

Annotations

Modifications (not altering text):

Functions in Part 2 transferred (1.03.2023) by Specialist Community-Based Disability Services (Transfer of Departmental Administration and Ministerial Functions) Order 2022 (S.I. No. 688 of 2022), arts. 2(a), (b)(ii), 4 and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 5-9.

2. In this Order, “relevant function” means –

(a) any function transferred by Article 4 of this Order, and

(b) any function transferred to the Minister for Children, Equality, Disability, Integration and Youth by – .

(ii) the Disability Act 2005 (No. 14 of 2005),

4. (1) The functions vested in the Minister for Health – .

(b) by or under the provisions of the enactments specified in Part 2 of the Schedule, and

are transferred to the Minister for Children, Equality, Disability, Integration and Youth.

Part 2 of the Disability Act 2005

Independent assessment of need.

8.—(1) The Executive shall authorise such and so many of its employees as it considers appropriate (referred to in this Act as “assessment officers”) to perform the functions conferred on assessment officers by this Part and every person so appointed shall hold office as an assessment officer for such period as the Executive may determine.

(2) An assessment officer shall carry out assessments of applicants or arrange for their carrying out by other employees of the Executive or by other persons with appropriate experience.

(3) Where an assessment officer is of opinion that there may be a need for an education service to be provided to an applicant, he or she shall, as soon as may be, request the Council in writing to nominate a person with appropriate expertise to assist in the carrying out of the assessment under this section in relation to the applicant and the Council shall comply with the request.

(4) An assessment officer shall be independent in the performance of his or her functions.

(5) An assessment under this section shall be carried out without regard to the cost of, or the capacity to provide, any service identified in the assessment as being appropriate to meet the needs of the applicant concerned.

(6) Where an assessment officer carries out or arranges for the carrying out of an assessment under this Part, he or she shall prepare a report in writing of the results of the assessment and shall furnish a copy of the report to the applicant, the Executive, and, if appropriate, a person referred to in section 9(2) and the chief executive officer of the Council.

(7) A report under subsection (6) (referred to in this Act as “an assessment report”) shall set out the findings of the assessment officer concerned together with determinations in relation to the following—

(a) whether the applicant has a disability,

(b) in case the determination is that the applicant has a disability—

(i) a statement of the nature and extent of the disability,

(ii) a statement of the health and education needs (if any) occasioned to the person by the disability,

(iii) a statement of the services considered appropriate by the person or persons referred to in subsection (2) to meet the needs of the applicant and the period of time ideally required by the person or persons for the provision of those services and the order of such provision,

(iv) a statement of the period within which a review of the assessment should be carried out.

(8) (a) An assessment officer may, for the purposes of carrying out an assessment of an applicant under this section, invite the applicant and, if appropriate, a person referred to in section 9(2) to meet with him or her for interview and furnish any documents or things relevant to the assessment in the possession of the applicant or person aforesaid that he or she may reasonably request and the applicant shall comply with the request.

(b) Where an applicant attends before an assessment officer pursuant to a request made to him or her under paragraph (a), the officer shall inform him or her of the purpose of the interview unless in his or her opinion the provision of such information might be prejudicial to the applicant's mental health, well-being or emotional condition or inappropriate having regard to the age of the applicant or the nature of his or her disability.

(i) endeavour to ensure that the person or persons carrying out an assessment communicate with the applicant in a manner which facilitates appropriate participation by him or her in the assessment and promotes dialogue about the nature of the assessment and that note is taken of the views (if any) of the applicant concerning his or her needs or preferences in relation to the provision of services to meet his or her needs, and

(ii) ensure that the applicant is given adequate information relating to the process of the assessment and the results of the assessment unless in his or her opinion the provision of such information might be prejudicial to the applicant's mental health, well-being or emotional condition or inappropriate having regard to the age of the applicant or the nature of his or her disability.

(9) Where an assessment officer carries out or arranges for the carrying out of an assessment on a child and the assessment identifies the need for the provision of an education service to the child, he or she shall, in case the child is enrolled in a school, refer the matter to the principal of that school for the purposes of an assessment under section 3 of the Act of 2004 and, in any other case, refer the matter to the Council for the purposes of an assessment under section 4 of the Act of 2004.

Application for an assessment.

(a) a person (“the person”) is of opinion that he or she may have a disability, or

(b) a specified person (“the person”) is of that opinion in relation to another person and the person considers that by reason of the nature of that other person's disability or age he or she is or is likely to be unable to form such an opinion,

the person may apply to the Executive for an assessment or for an assessment in relation to a specific need or particular service identified by him or her.

(2) In subsection (1)(b), “the person” means—

(a) a spouse F2 [ , civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ] , a parent or a relative of a person referred to in subsection (1)(a),

(b) a guardian of that person or a person acting in loco parentis to that person,

(d) a personal advocate assigned by Comhairle to represent that person.

(3) An application under subsection (1) shall be in writing in the prescribed form or in a form to the like effect.

(4) Where it appears to an employee of the Executive that a person may have a disability or where a person is in receipt of a health service provided by the Executive or both, he or she may arrange for an application under subsection (1) to be made by or on behalf of the person or may request the Executive to carry out or cause to be carried out an assessment of the person.

(5) Where an application under subsection (1) or a request under subsection (4) is made, the Executive shall cause an assessment of the applicant to be commenced within 3 months of the date of the receipt of the application or request and to be completed without undue delay.

(6) (a) Where an assessment of a child has commenced under section 4 of the Act of 2004, an application shall not be made under subsection (1) in relation to the child.

(b) Where an assessment of a child under section 4 of that Act has been completed and the statement of findings in relation to the assessment identifies the need for the provision of a health service for the child, it shall be given to the appropriate liaison officer who shall have regard to the relevant contents of the statement and shall prepare a service statement under this Act.

(7) The Executive may refuse an application under subsection (1) if, subject to subsection (8), an assessment has been carried out pursuant to an application under subsection (1) and the period specified in the assessment report in respect of the carrying out of a review of the assessment has not expired or, in the case of a child, the assessment has been carried out within the period of 12 months before the date of the application.

(8) A person who has previously made an application under subsection (1) may make a further application if he or she is of opinion that since the date of the assessment—

(a) there has been a material change of circumstances,

(b) further information has become available which either relates to the personal circumstances of the applicant or to the services available to meet the needs of the applicant, or

Annotations

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 170 and sch. part 5 item 23, S.I. No. 648 of 2010.

Section 10

Carrying out of assessments.

10.—Where an application is made under section 9, the Executive shall ensure that the assessment is carried out in a manner which conforms to such standards as may be determined from time to time by a body standing prescribed by regulations made by the Minister F3 [ … ] .

Annotations

Deleted (15.05.2007) by Health Act 2007 (23/2007), s. 105 and sch. 2 part 6, S.I. No. 226 of 2007.

Section 11

11.—(1) The Executive shall authorise such and so many employees of the Executive as it considers appropriate (referred to in this Act as “liaison officers”) to perform the functions conferred on liaison officers by this Part.

(2) Where an assessment report is furnished to the Executive and the report includes a determination that the provision of health services or education services or both is or are appropriate for the applicant concerned, he or she shall arrange for the preparation by a liaison officer of a statement (in this Act referred to as “a service statement”) specifying the health services or education services or both which will be provided to the applicant by or on behalf of the Executive or an education service provider, as appropriate, and the period of time within which such services will be provided.

(3) A liaison officer may request such persons as he or she considers appropriate (including the Council) to assist in the preparation of a service statement.

(4) (a) Where it appears to a liaison officer that the Council could by taking specified action assist in the preparation of a service statement, in the identification of an appropriate education service provider or in the provision of an education service specified in a service statement, he or she shall, by notice in writing, request the Council to take that action in the manner specified in the notice.

(b) Before making a request under paragraph (a), a liaison officer shall consult with the Council.

(i) the assistance concerned is not required,

(ii) such compliance would not be consistent with its functions or would unduly prejudice the performance of any of its functions, or

(iii) having regard to the resources available to it, it is not reasonable for it to comply with the request.

(d) Where the Council decides not to comply with a request under paragraph (a), it shall give notice in writing, without undue delay, to the liaison officer concerned of the decision and the reasons therefor.

(5) The liaison officer may appeal a decision of the Council under subsection (4) to the appeals board who may direct the Council to comply with the request or dismiss the appeal and the Council shall comply with a direction of the board.

(6) A service statement shall not contain any provisions relating to education services where the subject of the statement is a child.

(7) Without prejudice to the generality of subsection (2), in preparing a service statement the liaison officer concerned shall have regard to the following—

(a) the assessment report concerned,

(b) the eligibility of the applicant for services under the Health Acts 1947 to 2004,

(c) approved standards and codes of practice (if any) in place in the State in relation to the services identified in the assessment report,

(d) the practicability of providing the services identified in the assessment report,

(e) in the case of a service to be provided by or on behalf of the Executive, the need to ensure that the provision of the service would not result in any expenditure in excess of the amount allocated to implement the approved service plan of the Executive for the relevant financial year,

(f) the advice of the Council, in the case of a service provided by an education service provider, in relation to the capacity of the provider to provide the service within the financial resources allocated to it for the relevant financial year.

(8) A service statement shall be prepared and a copy thereof shall be furnished to the applicant, the Executive, and, if appropriate, the chief executive officer of the Council and the head of the education service provider concerned without undue delay.

(9) A liaison officer may, if he or she considers it proper to do so having regard to any change in the circumstances of the applicant concerned or to any change in respect of the matters referred to in subsection (7), amend a service statement and shall furnish a copy of the amended statement to the applicant, to the Executive, and, if appropriate, to the chief executive officer of the Council and the head of the education service provider concerned.

(10) A service statement amended under subsection (9) shall take effect on such date as may be specified in the statement by the liaison officer concerned.

(11) A liaison officer shall invite the applicant or a person referred to in section 9(2) to meet with him or her for the purpose of reviewing the provision of services specified in the applicant's service statement.

(12) A liaison officer shall arrange with the person or persons charged with delivering the services specified in the service statement for the delivery of the services at such times and in such manner as he or she may determine.

(13) In relation to an education service identified in the service statement, the Council shall assist a liaison officer in the performance of his or her functions under subsection (12) when requested to do so by the officer.

Section 12

Exchange of information.

12.—(1) The liaison officer who prepared a service statement may, with the consent of the applicant concerned or, where appropriate, a person referred to in section 9(2), furnish a copy of the assessment report concerned or any other information which the liaison officer considers appropriate to a public body for the purpose of assisting the person in applying for personal or individual services provided by the body relevant to his or her needs.

(2) Where a public body is furnished with a copy of an assessment report under subsection (1), a member of staff of the body shall communicate with the applicant concerned, or where appropriate, a person referred to in section 9(2) or the liaison officer concerned for the purpose of facilitating or co-ordinating the provision of any service that may be provided to the applicant by the body that it considers that he or she is entitled to.

Annotations

Deleted (25.05.2018) by Data Protection Act 2018 (7/2018), s. 202(a), S.I. No. 174 of 2018.

Section 13

Maintenance of records by Executive, etc.

13.—(1) The Executive shall keep and maintain records for the purpose of—

(a) identifying persons to whom assessments or services are being provided pursuant to this Part or the Act of 2004,

(b) identifying those services and the persons providing the services pursuant to this Part,

(c) specifying the aggregate needs identified in assessment reports which have not been included in the service statements,

(d) specifying the number of applications for assessments made under section 9 and the number of assessments completed under that section,

(e) specifying the number of persons to whom services identified in assessment reports have not been provided, including the ages and the categories of disabilities of such persons,

(f) planning the provision of those assessments and services to persons with disabilities.

(2) The Executive shall, within 6 months after the end of each year, submit a report in writing to the Minister in relation to the aggregate needs identified in assessment reports prepared including an indication of the periods of time ideally required for the provision of the services, the sequence of such provision and an estimate of the cost of such provision.

(3) A report under this section shall include such other information in such form and regarding such matters as the Minister may direct and shall be published by the Executive within one month of the date of its submission to the Minister.

Annotations

Deleted (25.05.2018) by Data Protection Act 2018 (7/2018), s. 202(b), S.I. No. 174 of 2018.

Section 14

Complaints in relation to assessments or service statements.

14.—(1) An applicant may, either by himself or herself or through a person referred to in section 9(2), make a complaint to the Executive in relation to one or more of the following:

(a) a determination by the assessment officer concerned that he or she does not have a disability;

(b) the fact, if it be the case, that the assessment under section 9 was not commenced within the time specified in section 9(5) or was not completed without undue delay;

(c) the fact, if it be the case, that the assessment under section 9 was not conducted in a manner that conforms to the standards determined by a body referred to in section 10;

(d) the contents of the service statement provided to the applicant;

(e) the fact, if it be the case, that the Executive or the education service provider, as the case may be, failed to provide or to fully provide a service specified in the service statement.

(2) A complaint under subsection (1) shall be made by the applicant concerned or a person referred to in section 9(2) as soon as reasonably may be after the cause of the complaint has arisen and in any case within such time (if any) as may be prescribed under section 21.

Section 15

15.—(1) The Executive shall authorise such and so many employees of the Executive as it considers appropriate (referred to in this Part as “complaints officers”) to perform the functions conferred on complaints officers by this Part.

(2) A complaints officer shall be independent in the performance of his or her functions.

(3) Following the receipt by the Executive of a complaint under section 14, he or she shall refer the matter to a complaints officer as soon as may be but not later than 10 working days after such receipt.

(4) Where a complaint has been referred to a complaints officer under subsection (3), he or she shall consider the complaint and, if he or she is of opinion that it is frivolous or vexatious, he or she shall not entertain the complaint and he or she—

(a) shall prepare a report in writing of the reasons for his or her opinion and furnish a copy of it to—

(i) the applicant concerned,

(ii) if appropriate, the assessment officer concerned and the liaison officer concerned, and

(iii) the Executive.

(5) (a) Where a complaints officer is not of opinion that the complaint is frivolous or vexatious, he or she shall, having made such inquiries (if any) as appear to him or her to be necessary, consider whether the complaint is suitable for informal resolution and, if it is, he or she shall undertake the resolution of the complaint.

(b) Where a complaint is resolved under this subsection, a record shall be kept of the resolution arrived at and of the manner of such resolution and a copy thereof shall be sent to the applicant, the Executive and, if appropriate, the assessment officer concerned, the liaison officer concerned and the head of the education service provider concerned.

(c) Where a complaint is not resolved under this subsection, the complaints officer shall keep a record of the matter and send a copy thereof to the Executive who shall refer the matter to another complaints officer for investigation.

(6) Where a complaints officer is of opinion that a complaint is not suitable for such resolution as aforesaid, he or she shall investigate the complaint and shall give the applicant concerned and, if appropriate, the assessment officer concerned, the liaison officer concerned, the education service provider concerned and any other person having an interest in the matter, an opportunity to be heard by him or her and to present to him or her any evidence relating to the complaint and shall prepare a report in writing in relation to it setting out his or her findings and recommendations and shall furnish a copy of the report to the applicant, the Executive and, if appropriate, the assessment officer concerned, the liaison officer concerned and the head of the education service provider concerned.

(7) In addition to any other matter to which a complaints officer may, as he or she considers appropriate, have regard to in the performance of his or her functions, he or she shall have regard to the matters referred to in section 11(7).

(8) A report of a complaints officer may contain one or more of the following:

(a) a finding that the complaint was or, as the case may be, was not well founded whether in part or in whole;

(b) if the report contains a finding that the Executive failed to commence an assessment within the period specified in section 9(5) or to complete an assessment without undue delay, a recommendation that the assessment be provided and completed within the period specified in the recommendation;

(c) if the report contains a finding that the person may have a disability, a recommendation that the person be the subject of a further assessment under section 9 within the period specified in the recommendation;

(d) if the report contains a finding that the Executive failed to carry out an assessment under section 9 in conformity with the standards referred to in section 10, a recommendation that the Executive cause the assessment or a specified part of it to be carried out in conformity with those standards within the period specified in the recommendation;

(e) if the report contains a finding that the contents of the service statement concerned are inaccurate or incorrect, a recommendation that the statement be amended, varied or added to by the liaison officer concerned within the period specified in the recommendation;

(f) if the report contains a finding that the Executive or an education service provider failed to provide or to fully provide a service specified in the service statement, a recommendation that the service be provided in full by the Executive or the education service provider or both as may be appropriate within the period specified in the recommendation.

(9) Proceedings under this section before a complaints officer shall be conducted otherwise than in public.

(10) By notice in writing to the parties, a complaints officer may correct any mistake (including an omission) of a verbal or formal nature in a recommendation under this section.

Section 16

16.—(1) (a) There shall be a person, who shall be appointed by the Minister, and who shall be known, and is referred to in this Act, as “the appeals officer”, to consider and determine appeals under this Part.

(b) The appeals officer shall perform the functions conferred on him or her by this Act.

(2) The appeals officer shall be independent in the performance of his or her functions under this Act.

(3) The provisions of the Schedule shall have effect in relation to the appeals officer.

Section 17

Annual report and information to Minister.

17.—The appeals officer shall not later than 6 months after the end of each year beginning with the year in which the first appeals officer is appointed, submit a report in writing to the Minister in relation to the performance of his or her functions under this Act during that year and the Minister shall cause a copy of the report to be laid before each House of the Oireachtas.

Section 18

Appeals from and enforcement of recommendations of complaints officer.

18.—(1) An applicant or a person referred to in section 9(2) may appeal to the appeals officer in the prescribed manner against a finding or recommendation under section 15(8) or against the non-implementation by the Executive or a head of an education service provider of a recommendation of a complaints officer and, if he or she does appeal, the appeals officer shall give the parties an opportunity to be heard by him or her and to present to him or her any evidence relevant to the appeal.

(2) The Executive or the head of an education service provider may appeal to the appeals officer in the prescribed manner against a finding or recommendation specified in paragraph (f) of section 15(8) and, if such an appeal is brought, the appeals officer shall give the parties an opportunity to be heard by him or her and to present to him or her any evidence relevant to the appeal.

(3) Subject to subsection (4), an appeal under this section shall be initiated by a person referred to in subsection (1) or (2) within 6 weeks of the date on which the finding or recommendation to which it relates was communicated to the person, by furnishing a notice in writing in the prescribed form or in a form to the like effect to the appeals officer specifying the grounds of appeal.

(4) The period referred to in subsection (3) may be extended by the appeals officer concerned (at the request in writing of a person referred to in subsection (1) or (2)) for a further period not exceeding 12 weeks if the appeals officer is satisfied that the person has given reasonable cause for the extension.

(5) The appeals officer shall make a determination in writing in relation to the appeal affirming, varying or setting aside the finding or recommendation concerned and shall communicate the determination (including the reasons therefor) to the applicant, the Executive and, if appropriate, the head of the education service provider concerned who shall comply with the determination.

(6) The appeals officer may, for the purpose of his or her functions under this Part require a complaints officer, an assessment officer or a liaison officer of the Executive to make such further inquiries and to furnish him or her with the result of such inquiries or to furnish him or her with such further information as he or she considers necessary within such period as may be specified by him or her, and the officer shall comply with the requirement.

(7) The appeals officer may, for the purposes of an appeal under this section—

(a) require any person who, in the opinion of the appeals officer, is in possession of information, or has a record in his or her power or control, that, in the opinion of the appeals officer, is relevant to the purposes aforesaid to furnish to the appeals officer any such information or record that is in his or her possession or, as the case may be, power or control and, where appropriate, require the person to attend before him or her for that purpose, and

(b) examine and take copies in any form of, or of extracts from any record that, in the opinion of the appeals officer, is relevant to the appeal and for those purposes take possession of any such record and retain it in his or her possession for a reasonable period.

(8) The appeals officer may for the purposes of an appeal under this section enter any premises occupied by a public body or the provider of a health or education service and there—

(a) require any person found on the premises to furnish him or her with such information in the possession of the person as he or she may reasonably require for the purposes aforesaid and to make available to him or her any record in his or her power or control that, in the opinion of the appeals officer, is relevant to those purposes, and

(b) examine and take copies of, or of extracts from, any record made available to him or her as aforesaid or found on the premises and remove it from the premises and retain it in his or her possession for a reasonable period.

(9) Subject to subsection (10), no enactment or rule of law prohibiting or restricting the disclosure or communication of information shall preclude a person from furnishing to the appeals officer any such information or record, as aforesaid.

(10) A person to whom a requirement is addressed under this section shall be entitled to the same immunities and privileges as a witness in a court.

(11) Subject to the provisions of this Act, the procedure for conducting an appeal under this section shall be such as the appeals officer considers appropriate in all the circumstances of the case and, without prejudice to the foregoing, shall be as informal as is consistent with the due performance of the functions of the appeals officer.

(12) The appeals officer may, where appropriate, hold an oral hearing for the purpose of an appeal under this section.

(13) (a) For the purposes of an oral hearing (if any) under this section, the appeals officer may—

(i) direct in writing any person whose evidence is required by him or her to attend before him or her on a date and at a time and place specified in the direction and there to give evidence and to produce any document or thing in his or her possession or control specified in the direction,

(ii) direct any such person to produce any specified document or thing in his or her possession or control,

(iii) direct in writing any person to send to the appeals officer any document or thing in his or her possession or power specified in the direction, and

(iv) give any other directions for the purpose of an appeal that appear to him or her reasonable and just.

(b) The appeals officer shall enable the applicant concerned or, where appropriate, a person referred to in section 9(2) and the Executive and, if appropriate, the head of the education service provider concerned or a person nominated by him or her and the assessment officer, liaison officer and complaints officer concerned to attend the hearing and present their case to him or her in person or through a representative.

(14) If a person gives false evidence before the appeals officer he or she shall be guilty of an offence.

(15) A witness whose evidence has been or is to be given before the appeals officer shall be entitled to the same privileges and immunities as a witness in a court.

(16) An oral hearing under this section shall be held in private.

(17) The following shall be absolutely privileged:

(a) documents of the appeals officer and documents connected with the appeals officer or his or her functions, wherever published;

(b) reports or determinations of the appeals officer, wherever published;

(c) statements made in any form at meetings or oral hearings of the appeals officer or by his or her officials and such statements wherever published subsequently.

(18) An applicant shall not be required to attend before the appeals officer under this section if, in the opinion of the appeals officer, such attendance might be prejudicial to his or her mental health, well-being or emotional condition.

(19) A person who—

(a) fails or refuses to comply with a requirement under this section or who hinders or obstructs the appeals officer in the performance of his or her functions,

(b) having been directed under subsection (13) to attend before the appeals officer, without just cause or excuse disobeys the direction,

(c) being in attendance before the appeals officer pursuant to a direction under subsection (13), refuses to take the oath on being required by the appeals officer to do so or refuses to answer any question to which the appeals officer may legally require an answer or to produce any document or thing in his or her possession or power legally required by the appeals officer to be produced by the person,

(d) without just cause or excuse disobeys a direction under subsection (13)(a), or

(e) does any other thing in relation to the proceedings before the appeals officer which, if done in relation to proceedings before a court by a witness in the court, would be contempt of that court,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both.

(20) Before deciding an appeal under this section the appeals officer shall consider the following:

(a) the relevant notice under subsection (3);

(b) any relevant information obtained pursuant to subsection (6), (7) or (8);

(d) the matters referred to in section 11(7).

(21) By notice in writing to the parties, the appeals officer may correct any mistake (including an omission) of a verbal or formal nature in a determination under this section.

(22) A copy of every determination of the appeals officer under this Part shall be printed and made available by the appeals officer for inspection by the public at such times and places as he or she may determine.

(23) The contents of any document which is published or made available by virtue of this section shall be protected by absolute privilege.

Annotations

Editorial Notes:

A fine of €3,000 translates into a class B fine, not greater than €4,000, as provided (4.01.2011) by FInes Act 2010 (8/2010), ss. 3, 5(2) and table ref. no. 1, S.I. No. 662 of 2010.

Section 19

19.—(1) The appeals officer may authorise such and so many members of his or her staff as he or she may determine (referred to in this Act as “mediation officers”) to perform the functions conferred on mediation officers by this section.

(2) If at any time after an appeal has been initiated under section 18, the appeals officer is of opinion that the appeal could be resolved by mediation, he or she shall inform the person who initiates the appeal concerned of that opinion and, subject to subsection (3), refer the matter for mediation to a mediation officer.

(3) If an applicant objects to his or her appeal being dealt with by mediation, the appeals officer shall deal with the matter under section 18.

(4) Mediation shall be conducted otherwise than in public.

(5) Where an appeal is resolved by mediation—

(a) the mediation officer concerned shall prepare a written record of the resolution arrived at, and

(b) the record aforesaid shall be signed by the applicant and the Executive and, if appropriate, the head of the education service provider concerned, or both of them, and a copy thereof shall be retained by the appeals officer and shall be sent to the applicant concerned and the Executive and, if appropriate, the assessment officer concerned, the liaison officer concerned and the head of the education service provider concerned.

Section 20

Appeal to High Court.

20.—An appeal to a court shall not lie against a determination of the appeals officer other than an appeal on a point of law to the High Court.

Section 21

21.—The Minister may make regulations for the purpose of enabling this Part to have full effect and, in particular, but without prejudice to the generality of the foregoing, regulations under this section may make provision in relation to any or all of the following:

(a) applications for assessments and the procedure for and in relation to such assessments including—

(i) different periods within which an assessment is to be carried out or subsequently reviewed,

(ii) different such periods in respect of—

(I) different categories of disability, or

(II) persons of different ages,

(iii) the categories of skills and expertise required to carry out an assessment,

(iv) matters relating to the determination and approval of standards to be applied in relation to the carrying out of an assessment,

(v) matters relating to the nomination by the Council of a person or persons with appropriate expertise to assist in carrying out an assessment in relation to educational services,

(b) in relation to a service statement—

(i) the form of the statement and any matter to be contained in it,

(ii) matters relating to the determination of eligibility under the Health Acts 1947 to 2004,

(iii) any other matters referred to in section 11(7),

(iv) matters relating to the amendment of a service statement,

(v) the procedures for and in relation to the review with the applicant or a person referred to in section 9(2) by liaison officers of the provision of services specified in service statements, including the intervals at which such reviews shall be undertaken either generally or with reference to—

(I) a particular category or categories of disability, or

(II) categories of persons of a particular age,

(c) the procedures for and in relation to the making of complaints including the time within which a complaint must be made, the procedures for the granting of an extension of time where reasonable cause is shown for such an extension, and the form in which the complaint must be made, including procedures to be observed in the informal resolution of complaints,

(d) appeals under this Part and the procedures for and in relation to such appeals (including procedures for mediation), and

(e) the manner of determining the person (other than a personal advocate assigned by Comhairle) to represent an applicant who by reason of his or her disability or age is unlikely to be able to represent himself or herself in relation to specified matters arising under this Part.

Annotations

Editorial Notes:

Power pursuant to section exercised (5.12.2023) by Disability (Assessment of Needs, Service Statements and Redress) (Amendment) Regulations 2023 (S.I. No. 601 of 2023).

Power pursuant to section exercised (13.12.2021) by Disability (Assessment of Needs, Service Statements and Redress) (Amendment) Regulations 2021 (S.I. No. 704 of 2021).

Power pursuant to section exercised (1.06.2007) by Disability (Assessment of Needs, Service Statements and Redress) Regulations 2007 (S.I. No. 263 of 2007), in effect as per reg. 2.

Section 22

Enforcement of determinations, etc.

22.—(1) (a) If the Executive or the head of the education service provider concerned fails—

(i) to implement in accordance with its terms a determination of the appeals officer in relation to an appeal under section 18, or

(ii) to give effect to a resolution arrived at under section 19, or

(iii) to implement in full a recommendation of a complaints officer,

within 3 months from the date on which the determination, resolution or recommendation is communicated to him or her or, where the determination, resolution or recommendation specifies a date for the provision of a service, within 3 months from the date specified in the determination, resolution or recommendation for such provision, then, the applicant concerned, a person referred to in section 9(2) or the appeals officer may apply to the Circuit Court on notice to the Executive or the head of the education service provider concerned for an order directing him or her to implement the determination or recommendation in accordance with its terms or to give effect to the resolution, as the case may be.

(b) The reference in paragraph (a) to a determination of the appeals officer or a recommendation of a complaints officer is a reference to a determination or recommendation in relation to which, at the expiration of the time for bringing an appeal under section 18 or section 20, as the case may be, no such appeal has been brought or if such an appeal has been brought it has been abandoned and the reference to the date on which the determination or recommendation, as the case may be, is communicated to the parties shall, in a case where such an appeal is abandoned, be construed as a reference to the date of such abandonment.

(2) The jurisdiction conferred on the Circuit Court by this section may be exercised by the judge of the court for the time being assigned to the Dublin circuit or, at the option of the applicant, or a person referred to in section 9(2), by the judge of the circuit in which the applicant ordinarily resides or carries on any profession, business or occupation.

Section 23

23.—(1) If a judge of the District Court is satisfied, by information on oath of the appeals officer or one of his or her officers, that there is reasonable cause for suspecting that any records, books, documents or other things containing material information are to be found at any premises and that such information is required for the performance by the appeals officer of his or her functions under this Part, the judge may issue a search warrant under this section.

(2) A search warrant under this section shall operate to authorise the person named in the warrant, accompanied by such other persons as the named person thinks necessary, to enter (if need be by force), at any time or times within one month from the date of the issue of the warrant, on production if so required of the warrant, the premises named in the warrant, and seize anything or to inspect and copy or take copies of extracts from any records, books, documents or other things found at the premises that he or she believes on reasonable grounds may be required by him or her for the performance of his or her functions under this Part.

(3) A person who obstructs or attempts to obstruct a person acting under the authority of a warrant under this section, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €3,000 or to imprisonment for a period not exceeding 6 months or to both.

Annotations

Editorial Notes:

A fine of €3,000 translates into a class B fine, not greater than €4,000, as provided (4.01.2011) by FInes Act 2010 (8/2010), ss. 3, 5(2) and table ref. no. 1, S.I. No. 662 of 2010.

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