Children Act 2001

163A

F158 [ Amalgamation of children detention schools

163A. (1) The Minister may by order (in this section referred to as an amalgamation order ) provide for the amalgamation of 2 or more children detention schools as and from such date as shall be specified in the order (in this section referred to as the amalgamation date ) and an amalgamated school shall be a children detention school for the purposes of this Act on and after the amalgamation date.

(2) When making an amalgamation order, the Minister shall have regard to

(a) the number of children detained in each children detention school concerned and the maximum number of children that can be accommodated in each children detention school,

(b) where a remand centre is situated in a children detention school concerned, the number of children remanded to the remand centre and the maximum number of children that can be accommodated in that remand centre,

(c) the sex and age of children detained in or remanded to each children detention school concerned and any remand centre situated in any such school,

(d) the number and classes of staff, including teaching staff, working in each of the children detention schools concerned and any remand centres situated in such schools,

(e) the educational and training facilities available in each children detention school concerned,

(f) any reports or other information submitted to the Minister by the board of management of one or more of the children detention schools concerned,

(g) any reports submitted to the Minister in respect of one or more of the children detention schools concerned by an authorised person pursuant to section 186 ,

(h) any reports submitted to the Minister in respect of one or more of the children detention schools concerned by an Inspector pursuant to section 186A ,

(i) the best interests of the children who are detained in the children detention schools concerned or remanded to any remand centre situated in a children detention school concerned,

(j) any reports or other information relating to current and anticipated future demand for places in children detention schools and remand centres,

(k) any operational and administrative efficiencies that could be achieved by amalgamating the children detention schools concerned, and

(l) whether, having regard to any of the matters referred to in paragraphs (a) to (k) , it is in the public interest that the children detention schools concerned be amalgamated.

(3) Where, before the amalgamation date, a child is detained in a relevant children detention school on foot of a children detention order, the lawfulness of the detention, and the period of detention, of the child on and after the amalgamation date in the amalgamated school shall not be affected by the amalgamation order.

(4) If, before the amalgamation date, a remand centre is situated in a relevant children detention school, the Minister shall, by order under section 88 which shall take effect on the amalgamation date, designate a remand centre to be situated in the amalgamated school.

(5) Where, before the amalgamation date, a child is remanded to a remand centre situated in a relevant children detention school, the lawfulness of the remand, and the period of remand, of the child on and after the amalgamation date in a remand centre situated in the amalgamated school shall not be affected by the amalgamation order.

(6) Where the Minister makes an amalgamation order, he or she may by the same order direct all or any of the following:

(a) that any child on whom a period of detention had been imposed in a relevant children detention school by an order made or warrant issued by a court that was in force immediately before the amalgamation date but which had not been executed by that date, shall serve the period of detention in the amalgamated school;

(b) that any child who, immediately before the amalgamation date, was on an approved absence from a relevant children detention school, shall be on an approved absence from the amalgamated school;

(c) that any child remanded to a remand centre situated in a relevant children detention school by an order made or warrant issued by a court that was in force immediately before the amalgamation date but which had not been executed by that date, shall be remanded to a remand centre situated in the amalgamated school.

(7) If an amalgamation order contains a direction under paragraph (a) of subsection (6) then, on and after the amalgamation date

(a) a reference in an order made or warrant issued by a court, that was in force immediately before the amalgamation date but which had not been executed by that date, to a relevant children detention school shall be construed as a reference to the amalgamated school, and the order made or warrant issued by the court shall have effect accordingly, and

(b) the lawfulness of the detention and the period of detention of a child shall not be affected where the child is detained, on foot of an order or warrant referred to in paragraph (a) , in the amalgamated school pursuant to paragraph (a) of subsection (6) .

(8) If an amalgamation order contains a direction under paragraph (b) of subsection (6) , then, on and after the amalgamation date

(a) a child referred to in that paragraph shall be regarded as being on an approved absence from the amalgamated school concerned, and any order, authorisation or notice given by a Director of the relevant children detention school in respect of the approved absence concerned shall have effect accordingly, and

(b) the lawfulness of the detention and the period of detention of a child shall not be affected where the child is, following the expiry of the period of the approved absence concerned, detained in the amalgamated school concerned.

(9) If an amalgamation order contains a direction under paragraph (c) of subsection (6) then, on and after the amalgamation date

(a) a reference in an order made or warrant issued by a court, that was in force immediately before the amalgamation date but which had not been executed by that date, to a remand centre situated in a relevant children detention school shall be construed as a reference to the remand centre situated in the amalgamated school, and the order made or warrant issued by the court shall have effect accordingly, and

(b) the lawfulness of the remand and the period of remand of a child shall not be affected where the child is remanded, on foot of an order or warrant referred to in paragraph (a) , to the remand centre situated in the amalgamated school.

(10) The board of management or boards of management, as the case may be, of the children detention schools which are the subject of an amalgamation order shall cease to exist on the amalgamation date.

(11) The Minister shall appoint a board of management to the amalgamated school in accordance with this Part and such appointment shall take effect on the amalgamation date.

(12) A person who, before the amalgamation date, is a Director or other member of the staff of a relevant children detention school shall, on the amalgamation date, transfer to and become a member of the staff of the amalgamated school and shall be deemed to have been appointed by the board of management of the amalgamated school pursuant to section 180 or section 181 , as the case may be.

(13) A reference in any contract of employment of a Director or other member of staff referred to in subsection (12) to

(a) the board of management of a children detention school, or

(b) a children detention school,

which is the subject of an amalgamation order shall, on the amalgamation date, be construed as a reference to the board of management of the amalgamated school.

(14) Save in accordance with any enactment or a collective agreement negotiated with any recognised trade union or staff association, a person who becomes a member of staff of an amalgamated school pursuant to subsection (12) shall not, on the amalgamation date, be subject to less beneficial terms and conditions of service (including those relating to tenure of office) or remuneration than the terms and conditions of service (including those relating to tenure of office) or remuneration to which he or she was subject immediately before the amalgamation date.

(15) Where a person becomes a member of staff of an amalgamated school pursuant to subsection (12) , previous service with a relevant children detention school shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the Redundancy Payments Acts 1967 to 2014, the Protection of Employees (Part-Time Work) Act 2001 , the Organisation of Working Time Act 1997 , the Minimum Notice and Terms of Employment Acts 1973 to 2005, the Unfair Dismissals Acts 1977 to 2007, the Protection of Employees (Fixed-Term Work) Act 2003 , the Parental Leave Acts 1998 and 2006, the Carer s Leave Act 2001 , the Terms of Employment (Information) Acts 1994 to 2012, the Maternity Protection Acts 1994 and 2004 and the Adoptive Leave Acts 1995 and 2005.

(16) The Minister shall cause a copy of any order made under this section to be sent to the boards of management of the children detention schools concerned, the President of the High Court, the President of the Circuit Court and the President of the District Court.

(17) An order under this section shall be laid by the Minister before each House of the Oireachtas as soon as may be after it is made.

(18) In this section

contract of employment means a contract of service whether express or implied and, if express, whether oral or in writing, but shall not include a 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);

relevant children detention school in relation to an amalgamation order, means a children detention school to which the amalgamation order relates. ]

Annotations:

Amendments:

F158

Inserted (1.12.2015) by Children (Amendment) Act 2015 (30/2015), s. 14, S.I. No. 539 of 2015.

Editorial Notes:

E29

Power pursuant to section exercised (1.06.2016) by Children Act 2001 (Amalgamation of Children Detention Schools) Order 2016 (S.I. No. 273 of 2016), in effect as per art. 2.