Child Care Act 1991

Regulations in relation to children’s residential centres.

63

63.—(1) The Minister shall, for the purpose of ensuring proper standards in relation to children’s residential centres, including adequate and suitable accommodation, food and care for children while being maintained in centres, and the proper conduct of centres, make such regulations as he thinks appropriate in relation to centres.

(2) Without prejudice to the generality of subsection (1), regulations under this section may—

(a) prescribe requirements as to the maintenance, care and welfare of children while being maintained in centres,

(b) prescribe requirements as to the numbers, qualifications and availability of members of the staffs of centres,

(c) prescribe requirements as to the design, maintenance, repair, cleaning and cleanliness, ventilation, heating and lighting of centres,

(d) prescribe requirements as to the accommodation (including the amount of space in bedrooms, the washing facilities and the sanitary conveniences) provided in centres,

(e) prescribe requirements as to the food provided for children while being maintained in centres,

(f) prescribe requirements as to the records to be kept in centres and for the examination and copying of any such records or of extracts therefrom by F339 [ employees of the F340 [ Child and Family Agency ] ],

(g) provide for the inspection of premises in which centres are being carried on or are proposed to be carried on or that are reasonably believed by F341 [ the F340 [ Child and Family Agency ] ] to be premises in which a centre is being carried on and otherwise for the enforcement and execution of the regulations by F341 [ the F342 [ Agency ] and its employees ].

(3) (a) Where, in relation to a centre, there is a failure or refusal to comply with a provision of the regulations, the registered proprietor and the person in charge of the centre shall be guilty of an offence.

(b) A person who fails or refuses to comply with a provision of the regulations shall be guilty of an offence.

(4) (a) Where a person is convicted of an offence under this section, the Circuit Court may, on the application of the F340 [ Child and Family Agency ], brought not more than six months after the conviction or, in the case of an appeal against the conviction, the final determination of it or of any further appeal (if it is a determination affirming the conviction) or the withdrawal of any such appeal therefrom, by order declare that the person shall be disqualified during such period as may be specified in the order from carrying on, being in charge, or concerned with the management, of the centre to which the conviction related or, at the discretion of that Court, any centre.

(b) A person in respect of whom an order is made under this subsection shall not during the period specified in the order carry on, be in charge, or concerned with the management, of the centre specified in the order or, if the order so specifies, of any centre.

(c) A person who contravenes paragraph (b) shall be guilty of an offence.

(d) Notice of an application under this subsection shall be given to the person convicted of the offence concerned and he shall be entitled to appear, be heard and adduce evidence on the hearing of the application.

(e) The jurisdiction conferred on the Circuit Court by this subsection shall be exercised by the judge of the Circuit Court for the time being assigned to the circuit in which the premises concerned are situated.

(5) A person who wilfully obstructs or interferes with F343 [ the F340 [ Child and Family Agency ] or any of its employees ] in the performance of functions under the regulations or who fails or refuses to comply with a requirement of F343 [ the F340 [ Child and Family Agency ] or any of its employees ] under such regulations shall be guilty of an offence.

Annotations:

Amendments:

F339

Substituted (1.01.2005) by Health Act 2004 (24/2004), s. 75 and sch. 7, part 6 item 64(a), S.I. No. 887 of 2004.

F340

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

F341

Substituted (1.01.2005) by Health Act 2004 (24/2004), s. 75 and sch. 7, part 6 item 64(b), S.I. No. 887 of 2004.

F342

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 2, S.I. No. 502 of 2013.

F343

Substituted (1.01.2005) by Health Act 2004 (24/2004), s. 75 and sch. 7, part 6 item 64(d), S.I. No. 887 of 2004.

F344

Repealed by Health Act 2007 (23/2007), s. 104(1) and sch. 1, part 1, not commenced as of date of revision.

Modifications (not altering text):

C34

Prospective affecting provision: section repealed by Health Act 2007 (23/2007), s. 104(1) and sch. 1 pt. 1, not commenced as of date of revision.

63. F344 [ ]

Editorial Notes:

E154

Power pursuant to section exercised (31.12.1996) by Child Care (Standards in Children’s Residential Centres) Regulations 1996 (S.I. No. 397 of 1996).

E155

Previous affecting provision: section amended (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7 part 6 item 64, S.I. No. 887 of 2004; substituted as per F-note above.