Children Act 2001

Commencement.

2

2.—(1) This Act shall, subject to subsection (2), come into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions.

(2) ( a)   Parts 2 and 3 shall come into operation on such day or days as, by order or orders made by the Minister for Health and Children, may be fixed generally in relation to either or both of these Parts or with reference to any particular purpose or provision thereof, and different days may be so fixed for different purposes and different such provisions.

F1 [ ( aa ) Part 5 shall come into operation 3 months after the passing of the Criminal Justice Act 2006. ]

( b)   Section 77 shall come into operation on such day as the Minister, with the agreement of the Minister for Health and Children, may be order appoint.

( c) F2 [ ]

( d)   Part 10 shall come into operation on such day or days as, by order or orders made by the Minister F3 [ ], may be fixed either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions.

( e)   Part 11 shall come into operation on such day as the Minister for Health and Children, with the agreement of the Minister for Education and Science, may by order appoint.

F4 [ ( f ) The amendments made to Part 11 in sections 156 and 157 of, and paragraph 30 of Schedule 4 to, the Criminal Justice Act 2006 shall come into operation on such day or days as the Minister for Health and Children, with the agreement of the Minister for Justice, Equality and Law Reform, may by order or orders appoint. ]

Annotations:

Amendments:

F1

Inserted (16.10.2006) by Criminal Justice Act 2006 (26/2006), s. 121(a), S.I. No. 529 of 2006.

F2

Deleted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 121(b), S.I. No. 65 of 2007.

F3

Deleted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 121(c), S.I. No. 65 of 2007.

F4

Inserted (29.11.2006) by Criminal Justice Act 2006 (26/2006), s. 121(d), S.I. No. 586 of 2006.

Editorial Notes:

E4

Power pursuant to section exercised (23.07.2007) by Children Act 2001 (Commencement) (No. 3) Order 2007 (S.I. No. 524 of 2007).

2. The 23rd day of July 2007 is appointed as the day on which the Children Act 2001 (No. 24 of 2001) shall, in so far as it is not already in operation, come into operation.

E5

Power pursuant to section exercised (23.07.2007) by Children Act 2001 (Commencement) (No. 2) Order 2007 (S.I. No. 510 of 2007).

2. The 23rd day of July 2007 is fixed as the day on which Part 2 (in so far as it is not already in operation) of the Children Act 2001 (No. 24 of 2001) shall come into operation.

E6

Power pursuant to section exercised (1.03.2007) by Children Act 2001 (Commencement) Order 2007 (S.I. No. 64 of 2007).

2. The 1st day of March 2007 is fixed as the day which the Children Act 2001 (No. 24 of 2001), other than -

(a) section 7(1)(a),

(b) section 10(2),

(c) section 13(2),

(d) section 16, in so far as it relates to the insertion of section 23D of the Child Care Act 1991 (No. 17 of 1991), and

(e) section 77,

shall, in so far as not already in operation, come into operation.

E7

E8

Power pursuant to section exercised (23.09.2004) by Children Act 2001 (Commencement) (No. 2) Order 2004 (S.I. No. 548 of 2004).

2. The 23rd day of September 2004 is fixed as the day on which Parts 2 (other than sections 7(1)(a), 10(2) and 13(2)) and 3 (other than section 23D) of the Children Act 2001 (No. 24 of 2001) come into operation.

E9

Power pursuant to section exercised (29.07.2004) by Children Act 2001 (Commencement) Order 2004, S.I. No. 468 of 2004.

2. The 29th day of July 2004 is fixed as the day on which the following provisions of the Children Act 2001 (No. 24 of 2001) come into operation:

(a) Part 1 (other than section 5), sections 78 to 87, 267(2) and 268, and

(b) section 5, and Schedule 2, in so far as they relate to the provisions specified in the third column of the Schedule to this Order.

E10

Power pursuant to section exercised (7.11.2003) by Children Act 2001 ((Section 159)(1)) (Commencement) Order 2003, S.I. No. 741 of 2003.

3. The 7th day of November 2003 is fixed as the day on which section 159(1) of the Act of 2001 comes into operation with reference to section 230(3)(a) of the Act of 2001 and to that particular provision only.

E11

Power pursuant to section exercised (7.11.2003) by Children Act 2001 (Part 11) (Commencement) Order 2003 (S.I. No. 527 of 2003).

2. The 7th day of November 2003 is appointed as the day on which Part 11 of the Children Act 2001 (No. 24 of 2001) comes into operation.

E12

Power pursuant to section exercised (1.05.2002) by Children Act 2001 (Commencement) Order 2002, S.I. No. 151 of 2002.

2. The 1st day of May, 2002, is fixed as the day on which the Act shall come into operation with reference to the following provisions and purposes:

(a) sections 3, 4 and 6, in so far as their commencement is necessary for the purposes of the other provisions which are being brought into operation, either generally or with reference to any particular purpose, by this order,

(b) Parts 4, 6, (excluding section 59 and section 61(1)(b) in so far as it relates to a representative of a health board) and 7,

(c) sections 89 to 92 and 94,

(d) section 93, in so far as it relates to proceedings before the Court against a child or in relation to a child under the provisions of Part 9 of the Act that are being brought into operation by this order,

(e) the definitions in section 95 of -

(i) “compensation order”,

(ii) “district”, for the purposes of sections 133 and 136, and

(iii) “district of residence” for the purposes of sections 134 and 136,

(f) section 97 and paragraphs (a), (b), (d) and (f) of section 98,

(g) section 98(g), in so far as it relates to an order under section 133,

(h) sections 108, 109 and 110 (except subsection (1)(b)(iii)),

(i) section 110(1)(b)(iii), in so far as it relates to an order under section 133,

(j) sections 113 and 114,

(k) section 115, in so far as it relates to paragraph (i),

(l) sections 116 (except subsection (1)(a)) and 117, in so far as they relate to an order under section 133,

(m) sections 133 to 135,

(n) section 136 (except the words “or another community sanction” in subsection (1)(a)(ii)),

(o) sections 138 to 140, in so far as they relate to an order under section 133,

(p) Part 12,

(q) sections 258, 260 (in so far as it refers to supervision by a juvenile liaison officer), 261 (in so far as it relates to an order under section 133), 264, 266, 267(1) and 269 to 271,

(r) Schedule 1,

(s) Schedule 2 -

(i) in so far as it relates to the following enactments:

Vagrancy (Ireland) Act 1847,

Offences against the Person Act 1861;

Children Act (1908) Amendment Act 1910,

Courts of Justice Act 1924,

Criminal Law Amendment Act 1935, and

(ii) for the purposes of the repeal of the following provisions of other enactments specified in the Schedule:

the unrepealed portions of Part II, and sections 94, 96, 98 to 101, 102(1), 102(2), 111, 113 to 115, 121 and 123, of the Children Act 1908,

sections 24, 26 and 27 of the Children Act 1941,

section 4 of the Children (Amendment) Act 1957.