Article 23 Determination of whether an award should be made
An award shall only be made in accordance with the pre-authorisation procedures set out in these Rules.
Subject to section 14(4) of the Act (conditions or qualifications determined by OFMDFM), the chairperson must take into account the general criteria set out in paragraph (3) when determining whether an award should be made.
The general criteria are—
the financial resources of the applicant; and
whether making an award is in the public interest.
The chairperson shall not make an award to any residential institution by way of compensation for loss of time.
The chairperson shall not make an award in respect of expenses to any residential institution except—
where that institution does not have the resources needed to meet in full the expenses properly incurred, or to be incurred, in attending, or otherwise in relation to, the inquiry; or
where the cost of meeting those expenses in full would cause hardship to an individual; or
in other exceptional circumstances.
The chairperson shall not make an award in respect of legal representation for any individual in circumstances where a residential institution has agreed to meet those expenses or where it is reasonable, in all the circumstances of the case, to expect a residential institution to do so.
Where the chairperson makes an award in respect of the expenses of a residential institution on the grounds set out in paragraph (5)(a) or (b) but the institution has the resources needed to meet part of the expenses properly incurred, or to be incurred, in attending or otherwise in relation to the inquiry or can meet part of the costs of those expenses without causing hardship to an individual (as the case may be) that award shall only be in respect of the other part of the expenses.
The chairperson shall not make an award in respect of legal representation provided by any person other than the recognised legal representative or a paralegal or trainee solicitor assisting that legal representative.
For the purposes of this Rule, “residential institution” means an institution for the purposes of the terms of reference of the inquiry.