Child and Family Agency Act 2013


Number 40 of 2013


CHILD AND FAMILY AGENCY ACT 2013

REVISED

Updated to 30 June 2018


This Revised Act is an administrative consolidation of the Child and Family Agency Act 2013. 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 Childcare Support Act 2018 (11/2018), enacted 2 July 2018, and all statutory instruments up to and including European Communities (Reception Conditions) Regulations 2018 (S.I. No. 230 of 2018), made 30 June 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 40 of 2013


CHILD AND FAMILY AGENCY ACT 2013

REVISED

Updated to 30 June 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

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.

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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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 1984, 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

International Protection Act 2015 (66/2015)

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

Children First Act 2015 (36/2015)

Child Care Act 1991 (17/1991)

All Acts up to and including Childcare Support Act 2018 (11/2018), enacted 2 July 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

European Communities (Reception Conditions) Regulations 2018 (S.I. No. 230 of 2018)

Child and Family Agency Act 2013 (Establishment Day) Order 2013 (S.I. No. 503 of 2013)

Child and Family Agency Act 2013 (Commencement) Order 2013 (S.I. No. 502 of 2013)

All statutory instruments up to and including European Communities (Reception Conditions) Regulations 2018 (S.I. No. 230 of 2018), made 29 June 2018, were considered in the preparation of this revision.


Number 40 of 2013


CHILD AND FAMILY AGENCY ACT 2013

REVISED

Updated to 30 June 2018


CONTENTS

PART 1

Preliminary and General

Section

1. Short title and commencement

2. Interpretation

3. Expenses

4. Regulations

5. Repeals

PART 2

Child and Family Agency

6. Establishment day

7. Establishment of Child and Family Agency

8. Functions of Agency

9. Best interests and views of the child

10. Agreements between Agency and public bodies concerning performance of functions

11. Informal arrangements between Agency and public bodies concerning performance of functions

12. Seal of Agency

13. Annual report

14. Duty of Agency to furnish information

15. Requirement to furnish information and documents

16. Minister may share information and documents in certain circumstances

17. Use of information and documents

18. Saver

PART 3

Board of Agency

19. Membership of Board of Agency

20. Filling of casual vacancies

21. Role of Board

22. Meetings of Board

23. Conditions of office

24. Removal of all members of the Board from office

25. Committees of Board

26. Membership of either House of Oireachtas, European Parliament or local authority

27. Remuneration and expenses of the members of the Board and committees

PART 4

Chief Executive Officer

28. Appointment of chief executive officer

29. Functions of chief executive officer and their performance by deputy

30. Delegation of functions by chief executive officer

31. Effect of delegation and sub-delegation of functions

32. Certificate evidence concerning delegation of functions

33. Accountability of chief executive officer to Committee of Public Accounts

34. Accountability of chief executive officer to other Oireachtas Committees

35. Disqualification resulting from membership of either House of the Oireachtas, European Parliament or local authority

PART 5

Standards and Disqualifications

36. Standards of integrity

37. Codes of conduct

38. Availability of codes of conduct

39. Gifts

40. Unauthorised disclosure of confidential information

PART 6

Accountability and Funding of Agency

41. Performance framework

42. Corporate plan of Agency

43. Publication of approved corporate plan

44. Annual performance statement

45. Determination by Minister of net expenditure limits for Agency

46. Business plan

47. Power of Minister to give direction to Agency

48. Power of Minister to issue guidelines to Agency

49. Permission of Minister needed for major capital spending

50. Code of governance

51. Accounts of Agency

52. Advances by Minister to Agency

PART 7

Employees and Advisers

53. Employees of Agency

54. Superannuation

55. Consultants and advisers

PART 8

Provision of Services

56. Arrangements with service providers

57. Provision of services by statutory body

58. Particular arrangements — special care and residential places

59. Supplemental service

PART 9

Complaints

60. Definitions (Part 9)

61. Persons who may make complaints

62. Time limit for making complaints

63. Matters excluded from right to complain

64. Complaint and review procedures to be established

65. Refusal to investigate or further investigate complaints

66. Restriction on type of recommendations complaints officers may make and power to suspend implementation of recommendations

67. Adherence to complaint and review procedures to be condition of arrangements with service providers

68. Regulations for the purposes of this Part

69. Referral of complaints to Ombudsman or Ombudsman for Children

70. Annual report to include report on complaints and reviews

PART 10

Dissolution of Family Support Agency and National Educational Welfare Board

71. Dissolution of Family Support Agency and National Educational Welfare Board

72. Transfer of functions to Agency

73. Transfer of members of staff of dissolved bodies

74. Property and rights and liabilities of dissolved bodies

75. Preservation of contracts made by dissolved bodies

76. Records of dissolved bodies

77. Liability for loss occurring before establishment day

78. References to dissolved bodies in enactments made before establishment day

79. Final accounts of dissolved bodies

80. Final annual report of dissolved bodies

81. Transitional provisions consequent upon transfer of functions of dissolved bodies

PART 11

Transfer of Certain Staff, Functions, etc. of Health Service Executive to Agency

82. Transfer of certain functions of Health Service Executive

83. Transfer of certain employees of Health Service Executive

84. Land and other property of Health Service Executive

85. Transfer of rights and liabilities of Health Service Executive

86. Preservation of contracts of Health Service Executive

87. Records of Health Service Executive

88. Pending legal proceedings — Health Service Executive

89. Continuation of delegations and sub-delegations made under Health Act 2004

90. References to Health Service Executive in enactments made before establishment day

91. Transitional provisions consequent upon transfer of certain functions of Health Service Executive

PART 12

Amendment of Child Care Act 1991

92. Amendment of Child Care Act 1991

PART 13

Miscellaneous

93. Continuation of appointments, designations and authorisations

94. Agency’s discretion to publish other reports

95. Charges in relation to functions

96. Amendment of the Taxes Consolidation Act 1997

97. Consequential amendments of other Acts

SCHEDULE 1

Functions of Health Service Executive Transferred to Agency

SCHEDULE 2

Amendments of other Acts

PART 1

Guardianship of Infants Act 1964

PART 2

Family Law (Maintenance of Spouses and Children) Act 1976

PART 3

The Unfair Dismissals Act 1977

PART 4

Child Care Act 1991

PART 5

Child Abduction and Enforcement of Custody Orders Act 1991

PART 6

Family Law Act 1995

PART 7

Domestic Violence Act 1996

PART 8

Refugee Act 1996

PART 9

Freedom of Information Act 1997

PART 10

Protection for Persons Reporting Child Abuse Act 1998

PART 11

Education Act 1998

PART 12

Immigration Act 1999

PART 13

Education (Welfare) Act 2000

PART 14

Children Act 2001

PART 15

Local Government Act 2001

PART 16

Sex Offenders Act 2001

PART 17

Youth Work Act 2001

PART 18

Immigration Act 2003

PART 19

Health Act 2004

PART 20

Health Act 2007

PART 21

Amendment of Adoption Act 2010

SCHEDULE 3

Repeals


Acts Referred to

Adoption Act 2010 (No. 21)

Arts Act 2003 (No. 24)

Child Abduction and Enforcement of Custody Orders Act 1991 (No. 6)

Child Care (Amendment) Act 2007 (No. 26)

Child Care (Amendment) Act 2011 (No. 19)

Child Care Act 1991 (No. 17)

Children Act 2001 (No. 24)

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24)

Companies Act 1990 (No. 33)

Companies Acts

Comptroller and Auditor General (Amendment) Act 1993 (No. 8)

Disability Act 2005 (No. 14)

Domestic Violence Act 1996 (No. 1)

Education (Welfare) Act 2000 (No. 22)

Education Act 1998 (No. 51)

Education for Persons with Special Educational Needs Act 2004 (No. 30)

Ethics in Public Office Act 1995 (No. 22)

European Parliament Elections Act 1997 (No. 2)

Family Law Act 1995 (No. 26)

Family Support Agency Act 2001 (No. 54)

Finance Act 2010 (No. 5)

Health Act 2004 (No. 42)

Health Service Executive (Governance) Act 2013 (No. 23)

Higher Education Authority Act 1971 (No. 22)

Immigration Act 1999 (No. 22)

Immigration Act 2003 (No. 26)

Irish Sports Council Act 1999 (No. 6)

Local Government Act 2001 (No. 37)

Minimum Notice and Terms of Employment Acts 1973 to 2005

Ombudsman Acts 1980 to 2012

Ombudsman For Children Act 2002 (No. 22)

Organisation of Working Time Act 1997 (No. 20)

Protection of Employees (Part-Time Work) Act 2001 (No. 45)

Protections for Persons Reporting Child Abuse Act 1998 (No. 49)

Public Service Management (Recruitment and Appointments) Act 2004 (No. 33)

Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (No. 37)

Redundancy Payments Acts 1967 to 2007

Refugee Act 1996 (No. 17)

Social Welfare Acts

Standards in Public Office Act 2001 (No. 31)

Taxes Consolidation Act 1997 (No. 39)

Unfair Dismissals Acts 1977 to 2007

Youth Work Act 2001 (No. 42)


Number 40 of 2013


CHILD AND FAMILY AGENCY ACT 2013

REVISED

Updated to 30 June 2018


An Act to provide for the establishment of a body to be known as the Child and Family Agency; to provide for the dissolution of the Family Support Agency and the National Educational Welfare Board; to provide for the transfer of the functions of the National Educational Welfare Board to the Child and Family Agency; to provide for the transfer of certain functions of the Health Service Executive to the Child and Family Agency; to amend the Child Care Act 1991 to provide for registration of early years services and to provide for matters connected therewith. [15 th December, 2013]

Be it enacted by the Oireachtas as follows:

Annotations:

Modifications (not altering text):

C1

Application of Act extended (30.06.2018) by European Communities (Reception Conditions) Regulations 2018 (S.I. No. 230 of 2018), reg. 10(3), in effect as per reg. 1(2).

Unaccompanied minors

10. ...

(3) The Child Care Act 1991 as amended, the Child and Family Agency Act 2013, the Children First Act 2015 and other enactments relating to the care and welfare of persons who have not attained the age of 18 years shall apply to unaccompanied minors.

...

Editorial Notes:

E1

Requirement to notify Child and Family Agency and application of Act to persons believed to be unaccompanied minors or minors accompanied by persons not considered to have responsibility for care and protection of child provided (31.12.2016) by International Protection Act 2015 (66/2015), ss. 14 and 35, S.I. No. 663 of 2016.