Institutional Burials Act 2022

(iii) advise the owner or occupier, as the case may be, that if he or she refuses the invitation or fails to reply to the invitation within 14 days from the date of the statement, the Director shall issue an offer of compensation in accordance with subsection (2).

(2) Where subsection (1)(b) applies, the Director shall, by notice in writing, make an offer of compensation calculated in accordance with section 93—

(a) where the owner or occupier, as the case may be, accepts the invitation to engage within the 14 day period referred to in subparagraph (iii) of that provision, having considered the outcome of that engagement, or

(b) where the owner or occupier, as the case may be, refuses or fails to reply to that invitation within that 14 day period, at any time after the expiration of that period.

(3) An offer of compensation under subsection (2) shall contain the information referred to in subparagraphs (i) to (v) of subsection (1)(a) subject to the modification that the reference in those subparagraphs to a period of 28 days shall be construed as a reference to a period of 28 days from the date of the offer.

(4) An offer of compensation under this section shall be binding and compensation shall be payable in accordance with section 93 where the person to whom the offer was made—

(a) accepts or fails to respond to the offer within the 28 day period referred to in subsection (1)(a) or, if applicable, subsection (3), or

(b) refuses the offer and does not make an application to the Circuit Court under section 94 within the time allowed under that section.

92. Application for compensation by person other than owner or occupier of land

92. (1) A person, other than an owner or occupier, who has an interest in or right over principal burial land, ancillary burial land or ancillary land may, within the time specified under subsection (2), make an application to the Director for compensation where the interest or right will be materially adversely affected by the relevant works or related activities.

(2) Subject to subsection (5), the time referred to in subsection (1) is any time after the commencement of the relevant works or related activities concerned but not later than 6 months after the date of cessation of the works or activities.

(3) A person who makes an application for compensation under subsection (1) shall at the same time as making the application provide evidence of—

(a) his or her interest in or right over the land concerned, and

(b) the material adverse effect alleged.

(4) Where a Director is satisfied that the person referred to in subsection (1) has the interest or right asserted and the works or activities concerned have materially adversely affected the interest or right, the Director may, by notice in writing, make an offer of compensation to that person stating—

(a) the basis on which the amount of compensation offered was calculated,

(b) the manner in which, should the offer be accepted within 28 days from the date of the notice, the compensation shall be payable,

(c) that if he or she refuses the offer within that 28 day period, he or she may, within the time allowed by section 94, make an application to the Circuit Court under that section for a variation of the amount of compensation, and

(d) that if he or she fails to reply to the offer within that 28 day period, the offer shall become binding.

(5) The Circuit Court may, upon application being made to it in that behalf, where it considers that the interests of justice so require, extend the period within which a claim for compensation may be brought under subsection (1).

(6) An offer of compensation shall be binding and the compensation shall be payable in accordance with section 93 where—

(a) a person accepts, or does not reply to, an offer of compensation made under subsection (4) within the 28 day period referred to in that subsection, or

(b) a person refuses an offer of compensation under that subsection and does not make an application to the Circuit Court under section 94 within the time allowed by that section.

93. Calculation and payment of compensation

93. (1) Subject to subsection (2), compensation payable to a person under this Part shall be calculated by a suitably qualified surveyor or other suitably qualified person appointed by a Director—

(a) by reference to the period during which it is estimated the relevant works or related activities, as the case may be, will be carried out,

(b) having regard to the extent of the relevant works or related activities, as the case may be, on the land concerned,

(c) where a trade or business is carried out on the land, taking into account—

(i) any disturbance to that trade or business and the extent of such disturbance, and

(ii) any loss or costs incurred as a result of the relevant works or related activities,

(d) having regard to the fair market rent for the land and any buildings on the land that could be obtained if the relevant works or related activities were not being conducted on the land,

(e) having regard, in relation to the owner and occupier of the land concerned, to the extent of the interference, as a result of the relevant works or related activities on the land, with the person’s peaceful enjoyment of the land, and

(f) deducting, from any amount calculated in accordance with the preceding paragraphs as being payable, the value of any works which will be carried out on the land by the Director which will enhance the value of the land concerned for the person to whom the compensation is payable.

(2) Compensation shall only be payable to a public body in respect of any loss or costs incurred as a result of the works or access over the land concerned.

(3) A Director shall pay the amount of compensation payable to the owner, occupier, or other person, as the case may be, before the expiration of 30 days from—

(a) when the compensation becomes payable in accordance with section 91(4) or section 92(6), or

(b) the date of the making of an order by the court under section 94.

(4) Where compensation was calculated, in accordance with subsection (1), by reference to an estimated period the relevant works or related activities would take and the works or activities continue after the expiration of that period, the Director shall make such further payment of compensation, calculated pro rata by reference to the compensation paid, to the person concerned at the end of each month or part of a month during which such works or activities continue.

(5) Compensation payable under subsections (3) and (4) shall be recoverable from a Director as a simple contract debt in any court of competent jurisdiction.

94. Application to Circuit Court by person who refuses an offer of compensation

94. (1) A person who refuses an offer of compensation made under section 91 or 92 within the period of time allowed for such refusal may, at any time during such period or within 7 days following the expiration of that period, make an application to the Circuit Court for a variation of the amount of compensation.

(2) An application under subsection (1) shall—

(a) be made on notice to the Director, and

(b) state the basis on which a variation is being sought to the amount of compensation offered.

(3) The Circuit Court shall—

(a) in determining an application made under subsection (1) consider—

(i) the amount of the compensation offered and the basis on which that amount was calculated, and

(ii) the reasons given by the applicant for seeking a variation of the amount of compensation offered,

and

(b) where it considers that the compensation offered is appropriate, by order confirm the amount of compensation or where it considers that the compensation offered is not appropriate, by order vary the amount of compensation.

(4) Compensation payable pursuant to an order made under subsection (3) shall be paid in accordance with section 93(3).

95. Remedial works on principal burial land, ancillary burial land and ancillary land

95. (1) A Director shall, not later than 6 months following the completion of the forensic excavation and recovery on principal burial land or ancillary burial land or related activities on ancillary land, as the case may be, carry out any remedial work necessary to make good any damage caused to the land concerned.

(2) Where a Director carries out remedial works referred to in subsection (1), he or she shall notify the planning authority (within the meaning of the Act of 2000) in whose administrative area the land in question is situate of the completion of those works as soon as practicable after completion.

96. Exercise of jurisdiction by District Court and Circuit Court

96. (1) The jurisdiction of the District Court under this Part shall be exercised by a judge of the District Court for the time being assigned to the District Court district in which the land in question is situate.

(2) The jurisdiction of the Circuit Court under this Part shall be exercised by a judge of the Circuit Court for the time being assigned to the circuit in which the land in question is situate.

97. Amendment of section 4 of Act of 2000

97. Section 4(1) of the Act of 2000 is amended by the insertion of the following paragraph after paragraph (aa) :

“(ab) development consisting of the carrying out of relevant works or related activities over principal burial land, ancillary burial land or ancillary land within the meaning of the Institutional Burials Act 2022;”.

PART 6 Dissolution of Office of Director, transfer of functions, assets and liabilities and records

98. Dissolution day

98. (1) The dissolution day shall be—

(a) the day following the last day on which the Office of a Director continues in operation in accordance with an order made under section 9, or

(b) such earlier day as a relevant Minister may, by order, appoint.

(2) A relevant Minister may, by order, appoint a day to be the dissolution day for the purposes of subsection (1)(b).

(3) A relevant Minister shall, for the purpose of section 105(5), notify the Director concerned in writing of the dissolution day at least 6 months in advance of that day.

99. Transfer of functions to relevant Minister

99. (1) On the dissolution day, all functions that immediately before that day were vested in a Director shall stand transferred to the relevant Minister.

(2) A relevant Minister to whom functions are transferred under subsection (1) may—

(a) appoint one (or more than one) independent expert who has, in the opinion of the relevant Minister, the relevant qualification, skills or experience to perform one or more than one function transferred to the relevant Minister under that subsection, and

(b) request the independent expert concerned to perform the function or functions.

100. Liability for loss occurring before dissolution day

100. (1) A claim in respect of any loss or injury alleged to have been suffered by any person arising out of the performance, before the dissolution day, of a function of a Director transferred by section 99 shall, on and after that day, lie against the relevant Minister and not against the Director.

(2) Any legal proceedings pending immediately before the dissolution day to which a Director is a party, that relate to a function of the Director transferred by section 99, shall, on and after that day, be continued with the substitution in the proceedings of the relevant Minister for the Director.

(3) Where, before the dissolution day, agreement has been reached between the parties concerned in settlement of a claim to which subsection (1) relates, the terms of which have not been implemented, or judgment in such a claim has been given in favour of a person but has not been enforced, the terms of the agreement or judgment, as the case may be, shall, on and after the dissolution day, in so far as they are enforceable against the Director, be enforceable against the relevant Minister and not the Director.

(4) Any claim made or proper to be made by the Director in respect of any loss or injury arising from the act or default of any person before the dissolution day shall, on and after that day, where the claim relates to a function of the Director transferred by section 99, be regarded as having been made by or proper to be made by the relevant Minister and may be pursued and sued for by that relevant Minister as if the loss or injury had been suffered by that relevant Minister.

101. Transfer of land and other property to relevant Minister

101. (1) All lands that, immediately before the dissolution day, were vested in a Director and all rights, powers and privileges relating to or connected with such lands shall, on that day, without any conveyance or assignment, stand vested in the relevant Minister for all the estate or interest therein that, immediately before that day, was vested in the Director, but subject to all trusts and equities affecting the lands continuing to subsist and being capable of being performed.

(2) All property (other than land), including choses-in-action, that immediately before the dissolution day, was vested in a Director shall, on that day, stand vested in the relevant Minister without any assignment.

(3) Every chose-in-action vested in the relevant Minister by virtue of subsection (2) may, on and after the dissolution day, be sued on, recovered or enforced by the relevant Minister in his or her name, and it shall not be necessary for the relevant Minister or the Director to give notice to any person bound by the chose-in-action of the vesting effected by that subsection.

102. Transfer of rights and liabilities and continuation of leases, licences and permissions granted by Director

102. (1) All rights and liabilities of a Director arising by virtue of any contract or commitment (expressed or implied) entered into by it before the dissolution day shall, on that day, stand transferred to the relevant Minister.

(2) Every right and liability transferred by subsection (1) to the relevant Minister may, on and after the dissolution day, be sued on, recovered or enforced by or against him or her in his or her own name, and it shall not be necessary for the relevant Minister or the Director to give notice to any person of the transfer of any such right or liability.

(3) Every lease, licence, wayleave or permission granted by a Director in relation to land or other property vested in the relevant Minister and in force immediately before the dissolution day, shall continue in force on and after that day as if granted by the relevant Minister.

103. Preservation of contracts, agreements and arrangements entered into by Director

103. Every contract, agreement or arrangement, entered into by a Director or any trustee or agent acting on its behalf and any other person, that is in force immediately before the dissolution day shall, on and after that day, continue in force and be construed and have effect as if the name of the relevant Minister were substituted for that of the Director, trustee or agent, as the case may be, and shall be enforceable by or against the relevant Minister.

104. Provisions consequent upon transfer of functions, assets and liabilities

104. (1) Anything commenced and not completed before the dissolution day by or under the authority of a Director may, in so far as it relates to a function of the Director transferred to the relevant Minister under section 99, be carried on or completed on or after the dissolution day by the relevant Minister.

(2) Every instrument made under an enactment and every document (including any certificate) granted or made by a Director shall, if and in so far as it was operative immediately before the dissolution day, have effect on and after that day as if it had been granted or made by the relevant Minister.

(3) References to a Director in any enactment or in the constitution of any company and relating to a function transferred to the relevant Minister under section 99 shall, on and after the dissolution day, be construed as a reference to the relevant Minister.

(4) Any money, stocks, shares or securities transferred by section 101 that, immediately before the dissolution day, were standing in the name of a Director shall, on or after that day, on the request of the relevant Minister, be transferred into his or her name.

105. Final accounts and final report of Director

105. (1) A relevant Minister shall, as soon as practicable after the dissolution day but not later than 6 months thereafter, in respect of the period specified under subsection (4), cause final accounts of the Director to be prepared.

(2) A relevant Minister shall cause the final accounts of a Director to be submitted to the Comptroller and Auditor General for audit as soon as practicable after they are prepared under subsection (1).

(3) As soon as practicable after an audit is conducted under subsection (2), a copy of the accounts as audited and a copy of the Comptroller and Auditor General’s report on the accounts shall be presented to the relevant Minister who shall cause copies of those audited accounts and that report to be laid before each House of the Oireachtas.

(4) For the purposes of subsection (1), the relevant Minister may specify a period that is longer or shorter than a financial year of the Director.

(5) Subject to subsection (6), a Director shall prepare and submit to the relevant Minister, at least 12 weeks prior to the dissolution day, a final report of the Director and the report shall include—

(a) a statement of the activities undertaken by the Director since the last annual report adopted under section 23, and

(b) such other information—

(i) as the Director considers appropriate to include, and

(ii) as the relevant Minister directs should be included which may include financial statements.

(6) A final report prepared under subsection (5) shall not contain confidential information (within the meaning of section 30(5)).

(7) A relevant Minister shall, within 6 weeks of receipt of a report under subsection (5), cause copies of that report to be laid before each House of the Oireachtas.

106. Review of operation of Office

106. (1) A relevant Minister shall, following the submission to him or her of a final report under section 105, undertake a review of the implementation of this Act in so far as it relates to the Office of the Director concerned.

(2) A review under subsection (1) shall be commenced within 12 months of the completion of the final report referred to in that subsection.

(3) In conducting a review under subsection (1), the relevant Minister shall consult with such persons, including relevant persons, as he or she considers appropriate.

(4) A relevant Minister shall cause a report of a review conducted under this section to be prepared and shall publish the report on the internet.

107. Deposit of records of Director with relevant Minister

107. All records in a Director’s possession shall, on the dissolution day or as soon as possible after that day, be deposited with the relevant Minister and, in so far as the records comprise personal data and special categories of personal data, those records—

(a) shall not be Departmental records (within the meaning of section 2(2) of the National Archives Act 1986), and

(b) may be processed, for so long as is necessary and proportionate, by or on behalf of the relevant Minister for the purposes of—

(i) the performance of functions—

(I) transferred to that relevant Minister under section 99,and

(II) where regulations have been made under section 79, under those regulations,

and

(ii) the carrying out or completion, in accordance with section 104(1), of anything commenced and not completed as referred to in that provision.

SCHEDULE Provisions applicable to Directors of Authorised Interventions

Section 9

(a) the signature of the Director, or

(b) the signatures of 2 members of staff of the Director duly authorised by that Director.