Ombudsman for Children Act 2002

Interpretation.

2

2.—(1) In this Act, unless the context otherwise requires—

“Act of 1980” means Ombudsman Act, 1980;

“Act of 1998” means Education Act, 1998;

“Act of 1999” means Health (Eastern Regional Health Authority) Act, 1999;

“action” includes decision, failure to act and omission;

“child” means a person under the age of 18 years and “children” shall be construed accordingly;

“civil servant” has the meaning assigned to it by the Civil Service Regulation Act, 1956 ;

“functions” includes powers and duties and a reference to the performance of functions includes, as respects powers and duties, a reference to the exercise of powers and the carrying out of duties;

F1 [ ]

“local authority” means a local authority for the purposes of the Local Government Act, 2001;

“Minister” means Minister for Health and Children;

F2 [ public body means a body specified in or under the First Schedule to the Act of 1980 or a reviewable agency by virtue of an order under section 1A of that Act, but only to the extent that and in relation to functions in respect of which the body is subject to the Act of 1980; ]

“school” means a recognised school within the meaning of the Act of 1998;

F3 [ voluntary hospital means a hospital which is substantially funded by means of an arrangement with the Health Service Executive under section 38 of the Health Act 2004 and the governing body of which is not the Health Service Executive or a committee of it. ]

(2) In this Act, unless the context otherwise requires, references to any Department of State include references to the Minister of the Government having charge of that Department of State and to officers of that Minister of the Government and, if and so long as any of the functions of that Minister of the Government stand delegated to a Minister of State at that Department of State, include references to such Minister of State at that Department of State.

(3) In this Act, unless the context otherwise requires, references to a public body (other than a Department of State) include—

( a) as respects the business and functions of the public body, references to the Department of State in which any of them are comprised and to the Minister of the Government having charge of that Department of State, and

( b) as respects functions in relation to the public body performed by a Department of State, references to that Department of State and to the Minister of the Government having charge of it,

and to officers of those Ministers of the Government and members, officers and staff of the public body and, if and so long as any of the functions of any of those Ministers of the Government stand delegated to a Minister of State at any Department of State, to such Minister of State at that Department of State.

(4) In this Act, unless the context otherwise requires, references to a school include references to the board of management of the school established under section 14 of the Act of 1998, the Principal (within the meaning of section 23 of that Act) of the school, the teachers and other staff of the school.

(5) In this Act, unless the context otherwise requires, references to a voluntary hospital include references to the owner, manager or governing body (in each case by whatever name called) of the hospital and the officers and staff of the hospital.

(6) In this Act—

( a) a reference to a section or Schedule is a reference to a section of, or a Schedule to, this Act unless it is indicated that reference to some other enactment is intended,

( b) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended, and

( c) F4 [ ] a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any other enactment (including this Act).