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Historical Institutional Abuse (Northern Ireland) Act 2019

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This is the original version (as it was originally enacted).

4Exclusions from entitlement to claim compensation

This section has no associated Explanatory Notes

(1)An application for compensation may (subject to subsections (3) to (5)) not be made under this Part by or in respect of a person who suffered abuse if—

(a)a court has dismissed a claim arising from a relevant matter brought by or in respect of that person, or

(b)proceedings on a claim arising from a relevant matter brought by or in respect of that person against a government department (including a Northern Ireland department) or other public body or any other body, society or organisation are pending before a court.

(2)A “relevant matter” is a matter on which an application for compensation under this Part could be based, but for subsection (1)(a) or (b).

(3)Subsection (1)(a) does not apply if the claim in question was dismissed solely because the period of limitation for bringing proceedings on the claim had expired.

(4)Subsection (1)(b) does not prevent an application for compensation being made under this Part if the claimant withdraws the claim in question.

(5)An application for compensation may be made under this Part despite subsection (1)(a) or (b) if it relates to abuse suffered in an institution managed by a body, society or organisation other than a body, society or organisation which managed any institution to which the claim referred to in subsection (1)(a) or (b) related.

(6)The reference in subsection (5) to managing an institution is a reference to providing residential accommodation in that institution.

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