Child Care (Amendment) Act 2011


Number 19 of 2011


CHILD CARE (AMENDMENT) ACT 2011

REVISED

Updated to 1 January 2018


This Revised Act is an administrative consolidation of the Child Care (Amendment) Act 2011. 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 Finance Act 2017 (41/2017), enacted 25 December 2017, and all statutory instruments up to and including Legal Metrology (Measuring Instruments) Act 2017 (Commencement) Order 2018 (S.I. No. 1 of 2018), made 4 January 2018, were considered in the preparation of this Revised Act.

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 19 of 2011


CHILD CARE (AMENDMENT) ACT 2011

REVISED

Updated to 1 January 2018


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

Adoption Acts 2010 to 2015 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Child and Family Relationships Act 2015 (9/2015), part 11). The Acts in this group are:

Adoption Act 2010 (21/2010)

Child Care (Amendment) Act 2011 (19/2011), s. 49

Adoption (Amendment) Act 2013 (44/2013), s. 2

Child and Family Relationships Act 2015 (9/2015), part 11

Children Acts 2001 to 2015 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Children (Amendment) Act 2015 (30/2015), s. 1(2)). The Acts in this group are:

Children Act 2001 (24/2001)

Health Act 2004 (42/2004), s. 75, in so far as it amends Children Act 2001

Criminal Justice Act 2006 (26/2006), ss. 120-158

Child Care (Amendment) Act 2007 (26/2007), ss. 1(3) and 14-20

Child Care (Amendment) Act 2011 (19/2011), ss. 27, 32, 33, 37-45 and 47

Children (Amendment) Act 2015 (30/2015), parts 1 and 2

Child Care Acts 1991 to 2015 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Child Care (Amendment) Act 2015 (45/2015), s. 16(2)). The Acts in this group are:

Child Care Act 1991 (17/1991)

Children Act 2001 (24/2001), part 2 (ss. 7-15) and s. 267

Health Act 2004 (42/2004), s. 75 in so far as it amends the Child Care Acts 1991 and 2001

Child Care (Amendment) Act 2007 (26/2007), s. 1(2), part 2 and s. 21 (in so far as s. 21 amends the Child Care Acts 1991 and 2001)

Child Care (Amendment) Act 2011 (19/2011), ss. 1-26, 28-31, 34, 46, 48

Child Care (Amendment) Act 2013 (5/2013)

Children and Family Relationships Act 2015 (9/2015), s. 175

Child Care (Amendment) Act 2015 (45/2015), other than ss. 14 and 15

Health Acts 1947 to 2015 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Health (General Practitioner Service) Act 2015 (19/2015), s. 4(2)). The Acts in this group are:

Health Act 1947 (28/1947)

Health Act 1953 (26/1953) (repealed)

Health Act 1954 (23/1954)

Health and Mental Treatment Act 1957 (16/1957), s. 1 (repealed)

Health and Mental Treatment (Amendment) Act 1958 (37/1958), s. 1 (repealed)

Health (Fluoridation of Water Supplies) Act 1960 (46/1960)

Health (Homes for Incapacitated Persons) Act 1964 (8/1964) (repealed)

Health and Mental Treatment (Amendment) Act 1966 (2/1966), s. 1 (repealed)

Health Act 1970 (1/1970)

Misuse of Drugs Act 1977 (12/1977), ss. 36, 42 (in so far as it amends the preceding Acts) and 43(2)

Health (Family Planning) Act 1979 (20/1979)

Health (Mental Services) Act 1981 (17/1981) (repealed)

Health (Family Planning) (Amendment) Act 1985 (4/1985) (repealed)

Health (Amendment) Act 1986 (10/1986)

Health (Amendment) Act 1987 (3/1987)

Health (Nursing Homes) Act 1990 (23/1990)

Health (Amendment) Act 1991 (15/1991), other than s. 8

Health (Amendment) Act 1994 (11/1994)

Health (Amendment) Act 1996 (15/1996)

Health (Amendment) (No. 2) Act 1996 (23/1996)

Health (Amendment) (No. 3) Act 1996 (32/1996), other than ss. 21 and 22

Health (Provision of Information) Act 1997 (9/1997)

Health (Eastern Regional Health Authority) Act 1999 (13/1999)

Health (Miscellaneous Provisions) Act 2001 (14/2001), s. 5(1), except in so far as it relates to the Tobacco (Health Promotion and Protection) Act 1988

Health Act 2004 (42/2004)

Health (Amendment) Act 2004 (19/2004) (repealed)

Health (Amendment) Act 2005 (3/2005) in so far as it amends the Health Acts

Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), s. 1(5) and part 5

Health (Repayment Scheme) Act 2006 (17/2006)

Hepatitis C Compensation Tribunal (Amendment) Act 2006 (22/2006), s. 6

Health (Nursing Homes) (Amendment) Act 2007 (1/2007)

Health Act 2007 (23/2007)

Medical Practitioners Act 2007 (25/2007), s. 57(9)

Health Act 2008 (21/2008)

Health (Miscellaneous Provisions) Act 2009 (25/2009), s. 64

Health (Amendment) Act 2010 (15/2010)

Health (Amendment) (No. 2) Act 2010 (20/2010)

Child Care (Amendment) Act 2011 (19/2011), ss. 35 and 36

Health (Alteration of Criteria for Eligibility) Act 2013 (10/2013)

Health (Pricing and Supply of Medical Goods) Act 2013 (14/2013), s. 30

Health Service Executive (Governance) Act 2013 (20/2010)

Health (Altercation of Criteria for Eligibility) (No. 2) Act 2013 (42/2013)

Local Government Reform Act 2014 (1/2014), ss. 1(14), the amendment to the Health (Fluoridation of Water Supplies) Act 1960 provided for in s. 5(6) and sch. 2 part 6)

Health Service Executive (Financial Matters) Act 2014 (17/2014)

Health (General Practitioners Service) Act 2014 (28/2014)

Health (General Practitioners Service) Act 2015 (19/2015)

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.

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 1990, 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

Child Care (Amendment) Act 2015 (45/2015)

All Acts up to and including Finance Act 2017 (41/2017), enacted 25 December 2017, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Child Care (Amendment) Act 2011 (Commencement) Order 2017 (S.I. No. 637 of 2017)

Health Act 2007 (Registration of Designated Centres) (Special Care Units) Regulations 2017 (S.I. No. 635 of 2017)

Child Care (Amendment) Act 2011 (Commencement) (No. 2) Order 2011 (S.I. No. 497 of 2011)

Child Care (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 488 of 2011)

Child Care (Amendment) Act 2011 (Commencement) Order 2011 (S.I. No. 453 of 2011)

All statutory instruments up to and including Legal Metrology (Measuring Instruments) Act 2017 (Commencement) Order 2018 (S.I. No. 1 of 2018), made 4 January 2018, were considered in the preparation of this revision.


Number 19 of 2011


CHILD CARE (AMENDMENT) ACT 2011

REVISED

Updated to 1 January 2018


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title, collective citations and commencement.

2. Interpretation.

PART 2

Amendment of Principal Act

3. Amendment of section 2 of Principal Act.

4. Amendment of section 3 of Principal Act.

5. Amendment of section 4 of Principal Act.

6. Amendment of section 9 of Principal Act.

7. Amendment of section 12 of Principal Act.

8. Amendment of section 18 of Principal Act.

9. Amendment of section 19 of Principal Act.

10. Amendment of Part IVA of Principal Act.

11. Amendment of section 24 of Principal Act.

12. Amendment of section 25 of Principal Act.

13. Amendment of section 26 of Principal Act.

14. Amendment of section 27 of Principal Act.

15. Amendment of section 28 of Principal Act.

16. Amendment of section 30 of Principal Act.

17. Amendment of section 31 of Principal Act.

18. Amendment of section 32 of Principal Act.

19. Amendment of section 33 of Principal Act.

20. Amendment of section 36 of Principal Act.

21. Amendment of section 37 of Principal Act.

22. Amendment of section 42 of Principal Act.

23. Amendment of section 45 of Principal Act.

24. Amendment of section 46 of Principal Act.

25. Amendment of section 47 of Principal Act.

26. Amendment of section 69 of Principal Act.

PART 3

Amendment of Act of 2001

27. Amendment of section 3 of Act of 2001.

28. Amendment of section 7 of Act of 2001.

29. Amendment of section 8 of Act of 2001.

30. Amendment of section 10 of Act of 2001.

31. Amendment of section 13 of Act of 2001.

32. Amendment of section 71 of Act of 2001.

33. Amendment of section 77 of Act of 2001.

34. Amendment of section 267 of Act of 2001.

PART 4

Amendment of Act of 2004

35. Amendment of Part 7A of Act of 2004.

PART 5

Amendment of Act of 2007

36. Amendment of Act of 2007.

PART 6

Dissolution of Children Acts Advisory Board

37. Definition.

38. Dissolution of Board.

39. Transfer of rights and liabilities.

40. Transfer of certain property.

41. Final accounts.

42. Preparation of final report.

43. Pending legal proceedings.

44. Transfer of staff of Board.

45. Expenses.

46. Amendment of Principal Act.

47. Repeal.

PART 7

Miscellaneous

48. Transitional provisions.

49. Amendment of Adoption Act 2010.


Acts Referred to

Adoption Act 2010

2010, No. 21

Adoptive Leave Acts 1995 and 2005

Carer’s Leave Act 2001

2001, No. 19

Child Care (Amendment) Act 2007

2007, No. 26

Child Care Act 1991

1991, No. 17

Child Care Acts 1991 to 2007

Children Act 2001

2001, No. 24

Children Acts 2001 to 2007

Civil Service Regulation Acts 1956 to 2005

Courts Act 1971

1971, No. 36

Criminal Justice Act 2006

2006, No. 26

Ethics in Public Office Acts 1995 to 2001

Guardianship of Infants Act 1964

1964, No. 7

Health Act 2004

2004, No. 42

Health Act 2007

2007, No. 23

Health Acts 1947 to 2010

Health (Amendment) Act 2010

2010, No. 15

Maternity Protection Acts 1994 and 2004

Mental Health Act 2001

2001, No. 25

Minimum Notice and Terms of Employment Acts 1973 to 2005

Organisation of Working Time Act 1997

1997, No. 20

Parental Leave Acts 1998 and 2006

Protection of Employees (Fixed-Term Work) Act 2003

2003, No. 29

Protection of Employees (Part-Time Work) Act 2001

2001, No. 45

Public Service Management (Recruitment and Appointments) Act 2004

2004, No. 32

Redundancy Payments Acts 1967 to 2007

Terms of Employment (Information) Acts 1994 and 2001

Unfair Dismissals Acts 1977 to 2007


Number 19 of 2011


CHILD CARE (AMENDMENT) ACT 2011

REVISED

Updated to 1 January 2018


AN ACT TO AMEND AND EXTEND THE CHILD CARE ACT 1991; TO MAKE FURTHER PROVISION IN RELATION TO THE CARE AND PROTECTION OF CHILDREN; TO AMEND THE CHILDREN ACT 2001; THE HEALTH ACT 2004 AND THE HEALTH ACT 2007; TO PROVIDE FOR THE DISSOLUTION OF THE CHILDREN ACTS ADVISORY BOARD AND THE TRANSFER OF ITS ASSETS, LIABILITIES AND EMPLOYEES TO THE MINISTER FOR HEALTH; TO REPEAL PART 11 OF THE CHILDREN ACT 2001; TO AMEND THE ADOPTION ACT 2010; AND TO PROVIDE FOR RELATED MATTERS.

[31 st July, 2011]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Functions under collectively cited Child Care Acts transferred (1.10.2011) by Child Care (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 488 of 2011), in effect 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 Health 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 by or under the Child Care Acts 1991 to 2011 are transferred to the Minister for Children and Youth Affairs.

(2) References to the Minister for Health 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.

C2

Application of collectively cited Health Acts restricted by Health Act 1970 (1/1970), s. 53(2) as substituted (11.03.2005) by Health (Amendment) Act 2005 (3/2005), s. 4(a), commenced on enactment.

Charges for in-patient services.

53.—(1) Save as provided for under subsection (2) charges shall not be made for in-patient services made available under section 52.

(2) [Notwithstanding anything in the Health Acts 1947 to 2004 but subject to subsections (3), (4) and (6), the Minister shall ] with the consent of the Minister for Finance, make regulations—

(a) providing for the imposition of charges for in-patient services in specified circumstances on persons [to whom the in-patient services are provided ] or on specified classes of such persons, and

(b) specifying the amounts of the charges or the limits to the amounts of the charges to be so made.

...

C3

Application of collectively cited Health Acts restricted (7.05.1986) by Health (Amendment) Act 1986 (10/1986), s. 2(1), commenced on enactment.

Charges by health boards for provision of in-patient services and out-patient services in respect of certain injuries caused by mechanically propelled vehicles.

2.—(1) Where—

(a) injury is caused to a person by the negligent use of a mechanically propelled vehicle in a public place, and

(b) in-patient services or out-patient services have been, are being or will be provided by or on behalf of a health board in respect of the injury, and

(c) any one of the following, that is to say, the person aforesaid, his personal representative or dependant, has received, or is entitled to receive damages or compensation in respect of the negligent use aforesaid from the person liable to pay such damages or compensation in respect of that injury, or any loss, damage or expense (or mental distress in the case of a dependant) arising therefrom,

the health board shall, notwithstanding anything in the Health Acts, 1947 to 1985, make a charge upon the person who received or is entitled to receive such damages or compensation in respect of the said in-patient services or out-patient services.

Editorial Notes:

E1

Proceedings under collectively cited Child Care Acts 1991 to 2015 excluded from application of Mediation Act 2017 (1.01.2018) by Mediation Act 2017 (27/2017), s. 3(1)(i), S.I. No. 591 of 2017.