Child Care Act 1991

Child care advisory committees.

7

7.F36 [ (1) The Child and Family Agency shall establish one or more child care advisory committees to advise the Agency on the performance of its functions under this Act and the Agency shall consider and have regard to any advice so tendered to it. ]

F37 [ (1A) A child care advisory committee that, before the amendment of this section by the Child and Family Agency Act 2013, was established for a functional area of the Executive and that was in existence immediately before the establishment of the Child and Family Agency shall be deemed to have been established by the Agency in compliance with subsection (1) of this section. ]

(2) A child care advisory committee shall be composed of persons with a special interest or expertise in matters affecting the welfare of children, including representatives of voluntary bodies providing child care and family support services.

(3) A person shall not receive any remuneration for acting as a member of a child care advisory committee, but F38 [ the F39 [ Child and Family Agency ] ] may make payments to any such member in respect of travelling and subsistence expenses incurred by him in relation to the business of the committee.

(4) Payments under this section shall be in accordance with a scale determined by the Minister, with the consent of the Minister for Finance.

(5) The Minister shall give general directions in relation to child care advisory committees which may include directions on any matter relating to the membership, constitution or business of committees (including a provision empowering a committee to co-opt one or more members) and F40 [ the F39 [ Child and Family Agency ] and each child care advisory committee ] shall comply with any such directions.

F41 [ (5A) Directions given by the Minister for Health in relation to child care advisory committees in existence immediately before the establishment day of the Child and Family Agency shall, subject to the amendment or revocation of those directions under subsection (5B), apply to child care advisory committees established or deemed to have been established by the Agency, unless the Minister otherwise directs.

(5B) The Minister may amend or revoke directions given in relation to child care advisory committees. ]

(6) F42 [ The F39 [ Child and Family Agency ] ] may, with the consent of the Minister, and shall, if so directed by the Minister, establish more than one child care advisory committee F43 [ ] and where more than one committee is established the provisions of subsection (1) shall apply with the necessary modifications.

(7) Each child care advisory committee shall—

(a) have access to non-personal information in relation to child care and family support services in its area,

(b) consult with voluntary bodies providing child care and family support services in its area,

(c) report on child care and family support services in its area, either on its own initiative or when so requested by the F39 [ Child and Family Agency ],

(d) review the needs of children in its area who are not receiving adequate care and protection,

and where more than one child care advisory committee is established F44 [ ], the provisions of this subsection shall apply with the necessary modifications.

Annotations:

Amendments:

F36

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 5(a), S.I. No. 502 of 2013.

F37

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 5(a), S.I. No. 502 of 2013.

F38

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 6(b), S.I. No. 887 of 2004.

F39

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.

F40

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 6(c), S.I. No. 887 of 2004.

F41

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 5(b).

F42

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 6(e), S.I. No. 887 of 2005.

F43

Deleted (1.01.2014) by Child and Family Agency Act 2013 (40/2103), s. 97 and sch. 2, part 4 item 5(c), S.I. No. 502 of 2013.

F44

Deleted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 5(d), S.I. No. 502 of 2013.

Modifications (not altering text):

C7

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 17 of 1991

Child Care Act 1991

Sections 7(4) and 70(2)

...

...

...

Editorial Notes:

E28

Previous affecting provision: “Health Service Executive” substituted (1.01.2005) for “health board” by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 6(f)(i), S.I. No. 887 of 2005; substituted as per F-note above.

E29

Previous affecting provisions: subss. (1), (1A), (5A) and (5B) substituted and inserted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 6(a), (d), S.I. No. 887 of 2004; substituted as per F-notes above.