Youth Work Act 2001


Number 42 of 2001


YOUTH WORK ACT 2001

REVISED

Updated to 16 May 2017


This Revised Act is an administrative consolidation of the Youth Work Act 2001. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Misuse of Drugs (Supervised Injecting Facilities) Act 2017 (7/2017), enacted 16 May 2017, and all statutory instruments up to and including Patent (Amendment) Rules 2017 (S.I. No. 206 of 2017), made 19 May 2017, were considered in the preparation of this revision.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 42 of 2001


YOUTH WORK ACT 2001

REVISED

Updated to 16 May 2017


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Where “education and training boards” has been substituted for “vocational education committee” in sections in the Act, we have also substituted these words in the section and part headings in the interests of consistency.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1996, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Local Government Reform Act 2014 (1/2014)

Child and Family Agency Act 2013 (40/2013)

Education and Training Boards Act 2013 (11/2013)

Health Act 2004 (42/2004)

All Acts up to and including Misuse of Drugs (Supervised Injecting Facilities) Act 2017 (7/2017), enacted 16 May 2017, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 218 of 2011)

Youth Work (Transfer of Departmental Administration and Ministerial Functions) Order 2008 (S.I. No. 596 of 2008)

Youth Work (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 2008 (S.I. No. 595 of 2008)

Youth Work Act 2001 (Prescribed National Representative Youth Work Organisation) Regulations 2008 (S.I. No. 131 of 2008)

Youth Work Act 2001 (Prescribed National Representative Youth Work Organisation) Regulations 2005 (S.I. No. 926 of 2005)

Youth Work Act 2001 (Commencement) Order 2002 (S.I. No. 189 of 2005)

All statutory instruments up to and including Patent (Amendment) Rules 2017 (S.I. No. 206 of 2017), made 19 May 2017, were considered in the preparation of this revision.


Number 42 of 2001


YOUTH WORK ACT 2001

REVISED

Updated to 16 May 2017


ARRANGEMENT OF SECTIONS

PART 1

Preliminary

Section

1.

Short title and commencement.

2.

Interpretation.

3.

Definition of “youth work”.

4.

Regulations.

5.

Laying of orders and regulations before Houses of the Oireachtas.

6.

Expenses of Minister.

7.

Repeal of Youth Work Act, 1997.

PART 2

Youth Work Functions of Minister and [education and training boards]

8.

Youth work functions of Minister.

9.

Youth work functions of [education and training board].

10.

Withdrawal or reduction of assistance.

11.

Provision of programmes and services where none currently provided.

12.

Removal of youth work functions of [education and training board].

PART 3

Youth Work Development Plans, Programmes and Services

13.

Youth Work Development Plan.

14.

Review of Development Plan.

15.

Provision of youth work programmes and youth work services by Minister.

PART 4

Youth Work Officers and Organisations

Assessor of Youth Work

16.

Assessor of Youth Work.

National Youth Work Advisory Committee

17.

National Youth Work Advisory Committee.

18.

Membership of Advisory Committee.

Youth Work Committees

19.

Youth Work Committees.

20.

Membership of Youth Work Committees.

Voluntary Youth Councils

21.

Voluntary Youth Councils.

22.

Composition, election, etc. of Voluntary Youth Councils.

23.

Meetings, etc. of Voluntary Youth Councils.

Prescribed, Authorised, Approved and Designated Youth Organisations

24.

Prescribed National Representative Youth Work Organisation.

25.

Authorisation of organisations.

26.

Approved National Voluntary Youth Work Organisations.

27.

Review of Minister's refusal to approve national youth work organisation.

28.

Withdrawal of approved status from National Voluntary Youth Work Organisations.

29.

Designation of Local Voluntary Youth Work Organisations.

30.

Review of [education and training board]'s refusal to designate organisation.

31.

Withdrawal of designated organisation status.

PART 5

Financial

32.

Youth Work Budget.

33.

Supervision of Youth Work Budget.

34.

Grants.

35.

Withdrawal or reduction of grant.

PART 6

General

36.

Directions.

37.

Publication of lists.

SCHEDULE

National Youth Work Advisory Committee


Acts Referred to

Comptroller and Auditor General (Amendment) Act, 1993

1993, No. 8

Education Act, 1998

1998, No. 51

Vocational Education Act, 1930

1930, No. 29

Vocational Education Acts, 1930 to 1999

Youth Work Act, 1997

1997, No. 30


Number 42 of 2001


YOUTH WORK ACT 2001

REVISED

Updated to 16 May 2017


AN ACT TO EXTEND THE FUNCTIONS OF VOCATIONAL EDUCATION COMMITTEES IN RELATION TO YOUTH WORK, TO PROVIDE FOR THE MAKING OF GRANTS IN RESPECT OF YOUTH WORK, TO PROVIDE FOR THE APPOINTMENT OF AN ASSESSOR OF YOUTH WORK AND HIS OR HER FUNCTIONS UNDER THE ACT, TO ESTABLISH VOLUNTARY YOUTH COUNCILS, TO PROVIDE FOR THE DEVELOPMENT AND CO-ORDINATION OF ORGANISATIONS AND PERSONS ENGAGED IN YOUTH WORK AND IN THE PROVISION OF YOUTH WORK PROGRAMMES AND YOUTH WORK SERVICES AND FOR THAT PURPOSE TO ESTABLISH A NATIONAL YOUTH WORK ADVISORY COMMITTEE, TO REPEAL THE YOUTH WORK ACT, 1997, AND TO PROVIDE FOR RELATED MATTERS. [1 st December, 2001]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

...

No. 42 of 2001

...

...

Youth Work Act 2001

...

...

Sections 16(8) and (9), 19(8), 23(4) and 34; Schedule, paragraph 6

...

C2

Functions transferred and references to ‘Minister for Health and Children’ and ‘Department of Health and Children’ construed (3.06.2011) by Office of the Minister for Children and Youth Affairs (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 218 of 2011), arts. 2, 3 and sch, in effect as per art. 1(2).

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 Health and Children contained in any Act or any instrument made thereunder and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Children and Youth Affairs.

3.—(1) The functions vested in the Minister for Health and Children by or under the Acts specified in the Schedule are transferred to the Minister for Children and Youth Affairs.

...

(3) References to the Minister for Health and Children contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Children and Youth Affairs.

...

SCHEDULE

Transfer of Functions and References to Functional Areas

...

Youth Work Act 2001 (No. 42 of 2001)

...

C3

Functions transferred and references to “Minister for Education and Science” and “Department of Education and Science” construed (31.12.2008) by Youth Work (Transfer of Departmental Administration and Ministerial Functions) Order 2008 (S.I. No. 596 of 2008), arts. 3, 4, in effect as per art. 1(2).

3.—(1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 are transferred to the Department of Health and Children.

(2) References to the Department of Education and Science contained in any Act or instrument made thereunder and relating to any administration and business transferred by this Article shall, from the commencement of this Order, be construed as references to the Department of Health and Children.

4.—(1) The functions vested in the Minister for Education and Science by or under the Youth Work Act 2001 (No. 42 of 2001) are transferred to the Minister for Health and Children.

(2) References to the Minister for Education and Science contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Health and Children.

...

C4

Functions transferred and references to “Minister for Health and Children” and “Department of Health and Children” construed (31.12.2008) by Youth Work (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 2008 (S.I. No. 595 of 2008), arts. 3, 4, in effect as per art. 1(2).

3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 are transferred to the Department of Education and Science.

(2) References to the Department of Health and Children contained in any Act or instrument made thereunder and relating to any administration and business transferred by this Article shall, from the commencement of this Order, be construed as references to the Department of Education and Science.

4. (1) The functions vested in the Minister for Health and Children by or under section 18(4)( d) of the Youth Work Act 2001 (No. 42 of 2001) are transferred to the Minister for Education and Science.

(2) References to the Minister for Health and Children contained in any Act or instrument made thereunder and relating to the function transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Education and Science.

...

C5

Functions transferred and specified bodies dissolved (1.01.2005) by Health Act 2004 (42/2004), ss. 58, 59 and sch. 3 item 60 (S.I. No. 885 of 2004).

Dissolution of health boards and other specified bodies.

58.—The specified bodies are, by this Act, dissolved on the establishment day.

Transfer of functions of specified bodies to Executive.

59.—(1) The functions that, immediately before the establishment day, were the functions of a specified body under or in connection with the enactments referred to in Schedule 3 are, by this Act, transferred to the Executive on that day.

(2) If a provision of an enactment referred to in Schedule 3 , or a provision of an instrument made under such enactment, does not come into effect until on or after the establishment day, a function that on the passing of that enactment or the making of that instrument was assigned under or in connection with that provision to a specified body is, by this Act, transferred to the Executive on the commencement of that provision.

(3) The functions transferred by this Act to the Executive include the functions specified in any enactment referred to in Schedule 3 as a function of the following:

(a) the chief executive officer of a health board;

(b) the Regional Chief Executive of the Eastern Regional Health Authority;

(c) the area chief executive of an Area Health Board.

...

SCHEDULE THREE

Transfer of Functions and References to Functional Areas

Section 59 and 67.

...

60.—Youth Work Act 2001

...