C18

Prospective affecting provisions: part IVA (ss. 23A-23NP) substituted and inserted by Child Care (Amendment) Act 2011 (19/2011), s. 10, not commenced as of date of revision, subject to transitional provisions in s. 48.

F107 [ PART IVA

Children in need of Special Care or Protection

Interpretation.

23A. — In this Part —

‘ Act of 2007 ’ means the Health Act 2007 ;

‘ care requirements ’ means the care a child requires having regard to his or her behaviour;

‘ Children Act order ’ means —

( a ) a reprimand referred to in section 98 of the Act of 2001,

( b ) an order referred to in paragraph ( a ), ( b ), ( c ), ( d ), ( e ) or ( f ) of section 98 of the Act of 2001, or

( c ) a community sanction referred to in paragraph ( a ), ( b ), ( c ) or ( d ) of section 115 of the Act of 2001 and such sanction is not subject to a condition referred to in paragraph ( d ) of section 117 of the Act of 2001;

‘ children detention order ’ has the meaning assigned to it by section 3 of the Act of 2001;

‘ custodial sentence ’ means —

( a ) a children detention order but does not include a children detention order the making of which has been deferred under section 144 of the Act of 2001,

( b ) a detention and supervision order referred to in section 151 of the Act of 2001, or

( c ) a sentence referred to in section 155 (as amended by the Criminal Justice Act 2006 ) of the Act of 2001;

‘ family welfare conference ’ has the meaning assigned to it by the Act of 2001;

‘ guardian ’ , in relation to a child, means a person who —

( a ) is a guardian of a child pursuant to the Guardianship of Infants Act 1964 , or

( b ) is appointed to be a guardian of the child by —

(i) deed or will, or

(ii) order of a court in the State,

and has not been removed from office;

‘ interim special care order ’ means an order made under section 23L ;

‘ relative ’ has the meaning assigned to it in section 23O (inserted by the Act of 2001);

‘ special care ’ shall be construed in accordance with section 23C ;

‘ special care order ’ means an order made under section 23H ;

‘ special care unit ’ means premises, or a part of premises, comprising secure residential accommodation in which a child, in respect of whom a special care order or an interim special care order has been made, is detained for the purpose of the provision to that child of special care and includes accommodation and facilities required for the provision of special care;

‘ suspended custodial sentence ’ means a custodial sentence which does not take effect immediately it is imposed and does not include —

( a ) a children detention order the making of which has been deferred under section 144 of the Act of 2001, or

( b ) a period of detention which has been suspended under section 144(9)( b ) of the Act of 2001. ]