Sex Offenders Act 2001

Interpretation (Part 4).

25

25. —(1) In this Part—

“child” means a person who is less than 18 years of age;

“contract of employment” means—

(a) a contract of service or apprenticeship, or

(b) any other contract whereby an individual agrees with another person, who is carrying on the business of an employment agency within the meaning of the Employment Agency Act, 1971, and is acting in the course of that business, to do or perform personally any work or service for a third person (whether or not the third person is a party to the contract),

whether the contract is express or implied and if express, whether it is oral or in writing;

“mentally impaired” has the meaning assigned to it by section 5 of the Act of 1993;

“State work or a service” means work done or a service performed by a person who—

(a) holds office under, or is otherwise in the service of the State (including as a civil servant, within the meaning of the Civil Service Regulation Act, 1956),

(b) is a member of the Garda Síochána or the Defence Forces,

(c) is an officer or servant of a local authority for the purposes of the Local Government Act, 1941, or

F4[F5[(d) is an officer or servant of a harbour authority or a member of staff of an education and training board,] or

(e) is an employee of the Health Service Executive F6[or the Child and Family Agency].]

(2) In this Part a reference to a person applying to another person includes a reference to the person applying to another person without that other's having requested or solicited the making of the application.

Annotations:

Amendments:

F4

Substituted and inserted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 item 1, S.I. No. 887 of 2004.

F5

Substituted (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s. 72(1) and sch. 6 item 34, S.I. No. 211 of 2013.

F6

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