Children Act 2001

PART 10

Children Detention Schools

General

Annotations:

Amendments:

F143

Inserted (1.12.2015) by Children (Amendment) Act 2015 (30/2015), s. 12(a), S.I. No. 539 of 2015.

F144

Inserted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 145(a), S.I. No. 65 of 2007.

F145

Substituted (1.12.2015) by Children (Amendment) Act 2015 (30/2015), s. 12(b), S.I. No. 539 of 2015.

F146

Deleted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 145(b), S.I. No. 65 of 2007.

Modifications (not altering text):

C23

Functions transferred and terms “Department of Justice and Equality” and “Minister for Justice and Equality” construed (1.01.2012) by Remand Centres and Children Detention Schools (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 668 of 2011), arts. 2, 3, commenced as per art. 1(2), subject to transitional provisions in arts. 4-8.

2.— (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Children and Youth Affairs.

(2) References to the Department of Justice and Equality contained in any Act or instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be read as references to the Department of Children and Youth Affairs.

3. —(1) The functions vested in the Minister for Justice and Equality by or under—

(a) section 88 (other than subsections (12) and (13)), and

(b) Part 10,

of the Children Act 2001 (No. 24 of 2001) are transferred to the Minister for Children and Youth Affairs.

(2) References to the Minister for Justice and Equality contained in any Act or instrument made under such Act and relating to any functions transferred by this Article shall, from the commencement of this Order, be read as references to the Minister for Children and Youth Affairs.

...

C24

Interpretation ( Part 10).

157

157.—In this Part, unless the context otherwise requires—

“Act of 1908” means the Children Act, 1908;

F143 [ amalgamation date has the meaning assigned to it by section 163A ;

amalgamation order has the meaning assigned to it by section 163A ;

amalgamated school is a children detention school that is formed by the amalgamation of 2 or more children detention schools pursuant to an amalgamation order;

Appeal Tribunal shall be construed in accordance with section 201D ;

approved absence means the absence of a child from a children detention school under section 202 , 203 , 204 , 205 or 207 , as the case may be; ]

F144 [ authorised person means a person authorised by the Minister under section 185; ]

“board of management” has the meaning assigned to it by section 164 ;

F145 [ child means

(a) a person under the age of 18 years in relation to whom a children detention order is in force,

(b) a person of 18 years or over in relation to whom a children detention order is in force and in relation to whom the Director of a children detention school has made a determination under section 155(5) that is in force, or

(c) for the purposes of any provision of this Part that applies to a person remanded under section 88 to a remand centre situated in a children detention school, a person who has been so remanded. ]

“Director” means a person appointed under section 180 as Director of a children detention school or, as the case may be, of more than one such school;

F143 [ disciplinary breach has the meaning assigned to it by section 201 ;

Inspector has the meaning assigned to it by section 186A ;

Minister means the Minister for Children and Youth Affairs; ]

F146 [ ]

F146 [ ]

“responsible person”, in relation to a child, means a relative of the child or a person in whose care the child is placed under this Act;

F144 [ staff does not include teaching staff; ]

“supervision in the community” has the meaning assigned to it by section 207 .

Annotations:

Amendments:

F143

Inserted (1.12.2015) by Children (Amendment) Act 2015 (30/2015), s. 12(a), S.I. No. 539 of 2015.

F144

Inserted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 145(a), S.I. No. 65 of 2007.

F145

Substituted (1.12.2015) by Children (Amendment) Act 2015 (30/2015), s. 12(b), S.I. No. 539 of 2015.

F146

Deleted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 145(b), S.I. No. 65 of 2007.