Child Care Act 1991

Prosecution of offences.

71

71. (1) Summary proceedings for an offence under this Act may be brought and prosecuted by the F365 [ Child and Family Agency ] or by any other person.

(2) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under this Act may be instituted within 12 months from the date of the offence.

(3) Where an offence under this Act is committed by a body corporate or by a person purporting to act on behalf of a body corporate or an unincorporated body of persons and is proved to have been committed with the consent or approval of, or to have been attributable to any neglect on the part of, any person who, when the offence was committed, was director, member of the committee of management or other controlling authority of the body concerned, or the manager, secretary or other officer of the body, that person shall also be deemed to have committed the offence and may be proceeded against and punished accordingly.

Annotations:

Amendments:

F365

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.

Editorial Notes:

E180

Previous affecting provision: “Health Service Executive” substituted (1.01.2005) for “health board for the area in which the offence is alleged to have been committed” in subs. (1) by Health Act 2004 (42/2004), s. 75 and sch. 7, part 6 item 69, S.I. No. 887 of 2004; substituted as per F-note above.