{
  "url": "https://openlegislation.uk/historical-institutional-abuse-northern-ireland-act-2019/section-2",
  "json_url": "https://openlegislation.uk/historical-institutional-abuse-northern-ireland-act-2019/section-2.json",
  "legislation": "ukpga/2019/31",
  "legislation_title": "Historical Institutional Abuse (Northern Ireland) Act 2019",
  "legislation_url": "https://openlegislation.uk/historical-institutional-abuse-northern-ireland-act-2019",
  "path": "section/2",
  "kind": "section",
  "number": "2",
  "heading": "Entitlement to claim compensation",
  "text": "(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.\n(2) A reference to having suffered abuse is a reference to—\n(a) having suffered sexual, physical or emotional abuse or neglect or maltreatment,\n(b) having witnessed one or more other children suffer abuse of a kind referred to in paragraph (a),\n(c) having otherwise been exposed to a harsh environment, or\n(d) having been sent to Australia under the programme commonly known as the “Child Migrants Programme”.\n(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.\n(4) A reference to an institution does not include a reference to an institution at which education was provided, other than—\n(a) a school certified under the Children Act 1908,\n(b) a training school under the Children and Young Persons Act (Northern Ireland) 1950 or 1968,\n(c) a Borstal institution, or\n(d) a young offenders centre under the Treatment of Offenders Act (Northern Ireland) 1968.\n(5) A reference to being resident in an institution includes a reference to being absent from the institution while under the care of—\n(a) the body, society or organisation which provided residential accommodation for the child in the institution, or\n(b) a person authorised by that body, society or organisation.\n(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.\n(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.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 2 in force at 27.3.2020 by S.R. 2020/48, art. 2(a)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2019/31/section/2",
    "retrieved_at": "2026-10-29T09:02:24.431281+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}