Child and Family Agency Act 2013

SCHEDULE 2

Amendments of other Acts

PART 1

Guardianship of Infants Act 1964

Item

Provision affected

Amendment

1.

Section 15

In subsection (2)—

(a) substitute the following for paragraph (c):

“(c) the child has been maintained in the care of the Health Service Executive under section 4 (as amended by section 4 of the Child Care (Amendment) Act 2011) of the Child Care Act 1991 or the Child and Family Agency.”,

(b) insert “or the Child and Family Agency” after “pay to the Health Service Executive” and

(c) substitute “, or by the Executive or the Agency” for “or by the health board or the Executive”.

2.

Section 16

In paragraph (b), substitute “, the Health Service Executive or the Child and Family Agency” for “or the Health Service Executive”.

PART 2

Family Law (Maintenance of Spouses and Children) Act 1976

Item

Provision affected

Amendment

1.

Section 16

In subsection (1), insert “the Child and Family Agency,” after “the Health Service Executive,”.

Item

Provision affected

Amendment

1.

Section 2

In subsection (1), substitute the following for paragraph (k):

“(k) the Director General of the Health Service Executive for the purposes of section 17 of the Health Act 2004,

(l) the chief executive officer of the Child and Family Agency appointed under section 28 of the Child and Family Agency Act 2013.”.

PART 4

Child Care Act 1991

Item

Provision affected

Amendment

1.

Whole Act

Substitute “Child and Family Agency” for “Health Service Executive” in each place where it occurs.

2.

Whole Act

Substitute “Agency” for “Executive” in each place where it occurs.

3.

Section 2

(a) Delete the definition of “area”.

(b) Substitute the following for the definition of “Minister”:

“‘Minister’ means the Minister for Children and Youth Affairs.”.

4.

Section 4

Substitute the following for subsection (5):

“A child who was taken into care under this section by the Health Service Executive before the coming into operation of the Child and Family Agency Act 2013 and who is in the care of the Health Service Executive immediately before the establishment day of that Agency shall be deemed to have been taken into care by the Agency and to be in its care on and from that day.”.

5.

Section 7

(a) Substitute the following for subsection (1):

“(1) The Child and Family Agency shall establish one or more child care advisory committees to advise the Agency on the performance of its functions under this Act and the Agency shall consider and have regard to any advice so tendered to it.

(1A) A child care advisory committee that, before the amendment of this section by the Child and Family Agency Act 2013, was established for a functional area of the Executive and that was in existence immediately before the establishment of the Child and Family Agency shall be deemed to have been established by the Agency in compliance with subsection (1) of this section.”.

(b) Substitute the following for subsection (5A) and (5B) (inserted by section 75 of the Health Act 2004):

“(5A) Directions given by the Minister for Health in relation to child care advisory committees in existence immediately before the establishment day of the Child and Family Agency shall, subject to the amendment or revocation of those directions under subsection (5B), apply to child care advisory committees established or deemed to have been established by the Agency, unless the Minister otherwise directs.

(5B) The Minister may amend or revoke directions given in relation to child care advisory committees.”.

(c) In subsection (6), delete “for a functional area of the Executive”.

(d) In subsection (7), delete “in a functional area of the Health Service Executive”.

6.

Section 8

(a) Substitute the following for subsection (1):

“(1) The Child and Family Agency shall—

(a) not later than 6 months after the establishment day of the Agency, prepare the report that, but for the amendment of this section by the Child and Family Agency Act 2013, the Health Service Executive would have been required to have prepared under this section, and

(b) annually thereafter prepare a report on the adequacy of the child care and family support services available.”.

(b) Substitute the following for subsection (3)—

“(3) The Child and Family Agency shall give notice of the preparation of a report under subsection (1) to—

(a) each child care advisory committee, and

(b) such bodies as the Agency sees fit whose purposes include the provision of child care and family support services,

and shall have regard to any views or information furnished by such committees or bodies in the preparation of the report.”.

7.

Section 9

Substitute the following for subsection (2):

“(2) Nothing in the Child and Family Agency Act 2013 shall empower the Child and Family Agency to delegate to a voluntary body or to any other person the duty conferred on it under section 4 to receive certain children into care or the power to apply for an order under Part III, IV, IVA (as amended by the Child Care (Amendment) Act 2011) or VI.”.

8.

Section 12

Substitute the following for subsection (5):

“(5) Where a child was removed to safety in accordance with subsection (1) of this section or section 254(4) of the Children Act 2001 and the child is not delivered up to the custody of the Health Service Executive before the establishment day of the Child and Family Agency—

(a) the child shall as soon as possible be delivered up to the custody of the Agency, and

(b) subsection (4) of this section applies in relation to the child as though the child had been delivered up to the Agency in accordance with subsection (3) of this section.”.

9.

Section 20

Substitute the following for subsection (5):

“(5) Where the Health Service Executive was directed to undertake an investigation into a child’s circumstances and the investigation has not been undertaken or all matters relating to or arising from the investigation have not been concluded before the establishment day of the Child and Family Agency—

(a) any direction given under this section by the court to the Health Service Executive in respect of the child concerned shall be deemed to have been given to the Agency,

(b) the investigation may be completed by the Agency, and

(c) subsections (3) and (4) apply as though all of the investigation had been undertaken and completed by the Agency.”.

10.

Section 23B

(a) Substitute the following for subsection (4):

“(4) Notwithstanding subsection (3) and subject to subsection (5), the Child and Family Agency may, for the purposes of this Part, enter into an arrangement with a person under section 58 of the Child and Family Agency Act 2013 (relating to arrangements with service providers) in respect of the provision by that person of special care and the provision, maintenance and administration of a special care unit.”.

(b) In subsection (5), substitute “ section 58 of the Child and Family Agency Act 2013” for “section 38 (as amended by the Act of 2007) of the Health Act 2004)”.

11.

Section 23F

Substitute the following for subsection (12):

“(12) Where the Health Service Executive convened a family welfare conference in respect of a child pursuant to subsection (5) and a determination is not made by the Health Service Executive pursuant to subsection (7) before the establishment of the Child and Family Agency, that Agency shall be deemed for the purposes of this section to have convened the conference.”.

12.

Section 23P

Substitute the following for subsection (3):

“(3) Any person arranging or undertaking a private foster care arrangement who has submitted to the Health Service Executive before the establishment of the Child and Family Agency the information the Health Service Executive required in relation to the arrangement or undertaking shall be deemed to have complied with subsection (1).”.

13.

Section 37

Substitute the following for subsection (2):

“(2) Any person who is dissatisfied with arrangements made by the Child and Family Agency under subsection (1) or (1A) or by the Health Service Executive under those subsections before the establishment of that Agency may apply to the court, and the court may—

(a) make such order as it thinks proper regarding access to the child by that person, and

(b) vary or discharge that order on the application of any person.”.

14.

Section 43

Substitute the following for subsection (1):

“(1) The Child and Family Agency may, in accordance with any regulations made by the Minister, remove a child in its care from the custody of any person with whom the child has been placed under section 36 before the establishment day of the Child and Family Agency.”.

15.

Section 46

Insert the following after subsection (2):

“(2A) A request made by the Health Service Executive to the Garda Síochána under subsection (2) before the establishment of the Child and Family Agency shall be deemed to have been made by the Child and Family Agency if the child in respect of whom the request was made is not delivered up to the Health Service Executive before the establishment day of the Agency.”.

16.

Section 59

Substitute—

(a) in the definition of “children’s residential centre”, “the Child and Family Agency” for “the Health Service Executive” in each place where it occurs, and

(b) the following for the definition of “register”:

“‘register’ means a register of children’s residential centres that is established or deemed to have been established by the Child and Family Agency under section 61, and cognate words shall be construed accordingly;”.

17.

Section 61

(a) Substitute the following for subsection (1):

“(1) The Child and Family Agency shall establish and maintain a register of children’s residential services.

(1A) For the purpose of subsection (1), each register of children’s residential centres established by the Health Service Executive before the establishment day of the Child and Family Agency shall be deemed to have been established by the Child and Family Agency and shall be maintained by the Agency.”.

(b) Substitute the following for paragraph (3)(c):

“(c) An application for registration made to the Health Service Executive before the establishment of the Child and Family Agency shall be deemed to have been made to the Child and Family Agency if the Health Service Executive has not, before the establishment day of the Agency, registered or refused to register the centre in relation to which the application was made.”.

(c) In subsection (6A), substitute “ Child and Family Agency Act 2013” for “ Health Act 2004” and “Child and Family Agency” for “Health Service Executive”.

18.

Section 65

Substitute the following for subsection (3):

“(3) A notice given to the Health Service Executive before the establishment day of the Child and Family Agency in accordance with subsection (1) shall be deemed to have been given to the Child and Family Agency.”.

Annotations:

Amendments:

PART 5

Child Abduction and Enforcement of Custody Orders Act 1991

Item

Provision affected

Amendment

1.

Whole Act

Substitute “Child and Family Agency” for “Health Service Executive” in each place where it occurs.

PART 6

Family Law Act 1995

Item

Provision affected

Amendment

1.

Section 47(1)(b)

In subsection (1)(b) substitute “Child and Family Agency” for “Health Service Executive” in each place where it occurs.

PART 7

Domestic Violence Act 1996

Item

Provision affected

Amendment

1.

Whole Act

Substitute “Child and Family Agency” for “Health Service Executive” in each place where it occurs.

PART 8

Refugee Act 1996

Item

Provision affected

Amendment

1.

Whole Act

Substitute “Child and Family Agency” for “Health Service Executive” in each place where it occurs.

PART 9

Freedom of Information Act 1997

Item

Provision affected

Amendment

1.

Section 2

(a) In subsection (1) in the definition of “director”, substitute “, the Health Service Executive, the Child and Family Agency” for “or the Health Service Executive”.

(b) In subsection (1) in paragraph (ix) of the definition of “personal information”, substitute “the Health Service Executive, the Child and Family Agency” for “Health Service Executive”.

2.

Section 15

In subsection (2), substitute the following for paragraphs (c) and (d):

“(c) in the case of the Health Service Executive, 6 months after the establishment day,

(d) in the case of the Child and Family Agency, 6 months after the establishment day of that body, and

(e) in case the body is a body standing prescribed under section 3 for the purposes of subparagraph (5) of paragraph (1) of the First Schedule, upon such prescription.”.

3.

Section 16

In subsection (2), substitute the following for paragraphs (c) and (d):

“(c) in the case of the Health Service Executive, 6 months after the establishment day,

(d) in the case of the Child and Family Agency, 6 months after the establishment day of that body, and

(e) in case the body is a body standing prescribed under section 3 for the purposes of subparagraph (5) of paragraph (1) of the First Schedule upon such prescription.”.

4.

First Schedule

In paragraph 1(4), substitute “the Health Service Executive and the Child and Family Agency” for “the Health Service Executive”.

5.

Third Schedule, Part 1

Insert:

(a) in column (2):

Child and Family Agency Act 2013”,

and opposite that insertion,

(b) in column (3) “ section 40 .”.

PART 10

Protection for Persons Reporting Child Abuse Act 1998

Item

Provision affected

Amendment

1.

Section 1

Substitute the following for the definition of “designated officer”:

“‘designated officer’ means an employee of the Health Service Executive or the Child and Family Agency appointed under section 2 of this Act to be a designated officer for the purposes of this Act.”.

2.

Section 2

Substitute the following for section 2:

“2. (1) The Health Service Executive and the Child and Family Agency shall from time to time as occasion may require (including a case in which a direction is given under this section), appoint one or more employees of the Health Service Executive or of the Child and Family Agency as the case may be, to be a designated officer or officers for the purposes of this Act; in making any such appointment, the Health Service Executive and the Child and Family Agency shall comply with any direction under this section for the time being in force.

(2) The Minister may, with the consent of the Minister for Health, give a direction in writing to the Health Service Executive or the Minister may give a direction in writing to the Child and Family Agency requiring it to appoint to be designated officers each person falling within a category or categories of employee of the Health Service Executive or the Child and Family Agency specified in the direction.

(3) The Minister may give a direction in writing to the Health Service Executive or the Child and Family Agency amending or revoking a direction given to it under this section (including a direction under this subsection).”.

PART 11

Education Act 1998

Item

Provision affected

Amendment

1.

Section 2

In subsection (1), in the definition of school, substitute “the Child and Family Agency in accordance with the Child Care Act 1991” for “the Child Care Act 1991”.

2.

Section 6

In paragraph (g), insert “the Child and Family Agency,” after “the Health Service Executive,”.

3.

Section 29 (amended by the Education (Miscellaneous Provisions) Act 2007)

In subsection (4E), substitute “Child and Family Agency” for “National Educational Welfare Board”.

4.

Section 33

In paragraph (j)(iii), insert “and the Child and Family Agency” after “the Health Service Executive”.

PART 12

Immigration Act 1999

Item

Provision affected

Amendment

1.

Section 5 (as amended by section 75 of the Health Act 2004)

In subsection (4)(c), substitute “Child and Family Agency” for “Health Service Executive”.

PART 13

Education (Welfare) Act 2000

Item

Provision affected

Amendment

1.

Whole Act

Substitute “Child and Family Agency” for “Board” in each place where it occurs.

2.

Section 2

Delete the definitions of “Board” and “Chief Executive”.

3.

Section 14

Delete “, on the commencement of this section,”.

4.

Section 25

Delete subsection (8).

PART 14

Children Act 2001

Item

Provision affected

Amendment

1.

Whole Act

Substitute “Child and Family Agency” for “Health Service Executive” in each place where it occurs.

2.

Part 2

After section 15A (as amended by section 72 of the Health Act 2004) insert the following:

Transitional provisions relating to the Child and Family Agency Act 2013

15B. (1) In this section, a reference to a provision of this Act is to that provision as it was before it was amended by the Child and Family Agency Act 2013.

(2) Where a family welfare conference convened under section 7 on behalf of the Health Service Executive has not discharged its functions before the establishment day of the Child and Family Agency, the conference shall be deemed to have been convened by or on behalf of the Agency.

(3) Where a direction given by the Health Service Executive under section 7(3) to a family welfare conference is not complied with before the establishment day of the Child and Family Agency, the direction shall be deemed to have been given by the Agency.

(4) Where a recommendation has been made or a matter has been referred to the Health Service Executive by a family welfare conference under section 8 and all matters relating to or arising from the conference proceedings relating to the child concerned have not been concluded under this Act or the Child Care Act 1991 before the establishment day of the Child and Family Agency, the recommendation shall be deemed for the purposes of this Act and the Child Care Act 1991 to have been made or the matter referred to the Agency.”.

PART 15

Local Government Act 2001

Item

Provision affected

Amendment

1.

Section 2

Substitute the following for paragraph (g) in the definition of “public authority”:

“(g) the Child and Family Agency established under section 7 of the Child and Family Agency Act 2013, and

(h) such other body as may be prescribed by regulations made by the Minister for the purposes of any provision of this Act.”.

2.

Section 13

In subsection (1) substitute the following for paragraph (i):

“(i) is a person employed by a local authority, the Health Service Executive or the Child and Family Agency and is not the holder of a class, description or grade of employment designated by order under section 161(1)(b) or deemed to have been made under that section, or”.

3.

Section 85

Substitute the following for subsection (7):

“(7) This section is without prejudice to section 8 of the Health Act 2004 or section 10 of the Child and Family Agency Act 2013 and an agreement shall not be entered into under this section in any case in which an agreement could be entered into under either of those sections.”.

PART 16

Sex Offenders Act 2001

Item

Provision affected

Amendment

1.

Section 25 (amended by section 75 of the Health Act 2004)

In subsection (1), in paragraph (e) of the definition of “State work or a service” insert “or the Child and Family Agency” after “Health Service Executive”.

PART 17

Youth Work Act 2001

Item

Provision affected

Amendment

1.

Section 20

In subsection (2)(b)(iv), substitute “Child and Family Agency” for “Health Service Executive”.

PART 18

Immigration Act 2003

Item

Provision affected

Amendment

1.

Section 5 (amended by section 75 of the Health Act 2004)

In subsection (2)(d), substitute “Child and Family Agency” for “Health Service Executive”.

2.

Section 8 (amended by section 75 of the Health Act 2004)

In subsection (4), insert “the Child and Family Agency,” after “the Health Service Executive,”.

PART 19

Health Act 2004

Item

Provision affected

Amendment

1.

Section 10A (inserted by section 6 of the Health Service Executive (Governance) Act 2013)

By deleting subsection (2).

2.

Section 31

(a) In subsection (8), by substituting “the Minister shall—” for “the Minister shall, having consulted with the Minister for Children and Youth Affairs—”.

(b) By substituting the following for subsection (9):

“(9) The Minister may direct the Executive to amend a service plan submitted under this section if, in the opinion of the Minister, the plan—

(a) does not contain any information required to be included in the service plan pursuant to subsection (4),

(b) does not in some other respect comply with subsection (4),

(c) has been prepared by the Executive without sufficient regard to the matters referred to in subsection (5), or

(d) does not accord with the policies and objectives of the Minister or the Government to the extent that those policies and objectives relate to the functions of the Executive and have been communicated in writing to the Executive prior to the commencement of the specified period.”.

3.

Section 32(5)

In subsection (5), by substituting “the Minister may—” for “the Minister may, having consulted with the Minister for Children and Youth Affairs—”.

4.

Section 37(2)(g)

By substituting “or as the Minister may specify.” for “as the Minister may, having consulted with the Minister for Children and Youth Affairs, may specify.”.

5.

Section 40B

(a) In subsection (1)—

(i) in paragraph (b)(ii) by substituting “Minister.” for “Minister, and”, and

(ii) by deleting paragraph (c).

(b) In subsection (2), by deleting “, in consultation with the Minister for Children and Youth Affairs,” after “Minister may”.

6.

Section 40C

(a) By deleting subsection (1A).

(b) In subsection (2), by deleting “or the Minister for Children and Youth Affairs” after “furnish the Minister”.

(c) In subsection (3), by deleting “or the Minister for Children and Youth Affairs” after “furnishing the Minister”.

(d) In subsection (4)(a), by deleting “or the Minister for Children and Youth Affairs” after “furnishing the Minister”.

7.

Section 40D

(a) By deleting subsection (1A).

(b) In subsection (2), by substituting “the Minister to furnish a person referred to in subsection (1) with information” for “the Minister or the Minister for Children and Youth Affairs to furnish a person referred to in subsection (1) or, as the case may be, subsection (1A), with information”.

(c) In subsection (3), by substituting “the Minister from furnishing a person referred to in subsection (1) with information” for “the Minister or the Minister for Children and Youth Affairs from furnishing a person referred to in subsection (1) or, as the case may be, subsection (1A), with information”.

(d) In subsection (4)(a), by substituting “the Minister from furnishing a person referred to in subsection (1) with information” for “the Minister or the Minister for Children and Youth Affairs from furnishing a person referred to in subsection (1) or, as the case may be, subsection (1A), with information”.

8.

Section 40E

By deleting subsection (1A).

9.

Section 40F

(a) By substituting “any power of the Minister” for “any power of the Minister or the Minister for Children and Youth Affairs”.

(b) By substituting “the functions of the Executive or the Minister” for “the functions of the Executive, the Minister or the Minister for Children and Youth Affairs”.

PART 20

Health Act 2007

Item

Provision affected

Amendment

1.

Section 2

In subsection (1)—

(a) insert the following definition:

“‘Agency’ means the Child and Family Agency established under the Child and Family Agency Act 2013;”,

(b) substitute the following for the definition of “designated centre”:

“‘designated centre’ means an institution—

(a) at which residential services are provided by the Executive, the Agency, a service provider under this Act or a person that is not a service provider but who receives assistance under section 39 of the Health Act 2004

(i) in accordance with the Child Care Act 1991,

(ii) to persons with disabilities, in relation to their disabilities, or

(iii) to other dependent persons, in relation to their dependencies,

or

(b) that is a special care unit,

(c) that is a nursing home as defined in section 2 of the Health (Nursing Homes) Act 1990, but does not include any of the following:

(i) a centre registered by the Mental Health Commission;

(ii) an institution managed by or on behalf of a Minister of the Government;

(iii) that part of an institution in which the majority of persons being cared for and maintained are being treated for acute illness or provided with palliative care;

(iv) an institution primarily used for the provision of educational, cultural, recreational, leisure, social or physical activities;

(v) a children detention school as defined in section 3 of the Children Act 2001;”,

(c) substitute the following for the definition of “service provider”:

“‘service provider’ means a person who—

(a) enters into an arrangement under section 38 of the Health Act 2004 to provide a health or personal social service on behalf of the Executive,

(b) is in receipt of assistance under section 39 of the Health Act 2004 in an amount that exceeds an amount prescribed for the purpose of this subparagraph, or

(c) is a service provider under the Child and Family Agency Act 2013;”.

2.

Section 8

(a) In subsection (1)—

(i) substitute the following for paragraphs (a) and (b) of subsection (1):

“(1) The functions of the Authority are as follows:

(a) subject to this Act and to the extent practicable, to further the Authority’s object;

(b) to set standards on safety and quality in relation to—

(i) services provided by the Executive, the Agency or a service provider in accordance with—

(I) the Health Acts 1947 to 2011, except for services under the Mental Health Acts 1945 to 2009 that, under the Health Act 2004, are provided by the Executive,

(II) the Child Care Acts 1991 to 2013,

(III) the Children Act 2001,

and

(ii) services provided by a nursing home as defined in section 2 of the Health (Nursing Homes) Act 1990,

in this section called the “services”, and advise the Minister, the Minister for Children and Youth Affairs, the Agency and the Executive as may be appropriate in relation to the particular service in respect of which the standards are set.”,

(ii) in paragraph (c) insert “and the Agency’s” after “the Executive’s” and substitute “the Minister, the Minister for Children and Youth Affairs, the Executive and the Agency accordingly;” for “the Minister and the Executive accordingly;”,

(iii) in paragraph (e) insert “or the Minister for Children and Youth Affairs” after “the Minister” and substitute “the Executive and the Agency;” for “the Executive;”,

(iv) in paragraph (j) substitute “the Minister, the Minister for Children and Youth Affairs, the Executive and the Agency” for “the Minister and the Executive”,

(v) in paragraph (k) substitute “the Executive, the Agency and service providers” for “the Executive and service providers”,

(vi) in paragraph (l) substitute “the Minister, the Minister for Children and Youth Affairs, the Executive and the Agency” for “the Minister and the Executive”.

(b) In subsection (2)(c) substitute “the Executive and the Agency,” for “the Executive,”.

(c) In subsection (4) substitute “as defined in section 2(1), the Executive or the Agency.” for “as defined in section 2(1) or the Executive.”.

3.

Section 9

(a) In subsection (1), substitute the following for paragraph (b):

“(b) the risk may be the result of any act, failure to act or negligence on the part of—

(i) the Executive,

(ii) the Agency,

(iii) a service provider to which paragraphs (a) or (b) of the definition of service provider applies,

(iv) a service provider to which paragraph (c) of the definition of service provider applies,

(v) the registered provider of a designated centre to which paragraphs (a)(ii), (iii) or (c) of the definition of designated centre applies,

(vi) the registered provider of a designated centre to which paragraphs (a)(i) or (b) of the definition of designated centre applies,

(vii) the person in charge of a designated centre referred to in subparagraph (v), if other than its registered provider,

(viii) the person in charge of a designated centre referred to in subparagraph (vi) if other than its registered provider.”.

(b) Substitute the following for subsection (2):

“(2) The Minister may, if he or she believes on reasonable grounds that—

(a) there is a serious risk of the kind mentioned in paragraph (a) of subsection (1), and

(b) the risk may be the result of any act, failure or negligence of the kind mentioned in paragraph (b)(i), (iii), (v) or (vii) of subsection (1),

require the Authority to undertake an investigation in accordance with this section.

(2A) The Minister for Children and Youth Affairs may, if he or she believes on reasonable grounds that—

(a) there is a serious risk of the kind mentioned in paragraph (a)(i) of subsection (1), and

(b) the risk may be the result of any act, failure or negligence mentioned in paragraph (b)(ii), (iv), (vi) or (viii) of subsection (1),

require the Authority to undertake an investigation in accordance with this section.”.

4.

Section 10

In subsection (2), substitute “it shall submit the proposed standards to the Minister for approval and, where the standards relate to services provided under the Child and Family Agency Act 2013, the Minister shall not approve the proposed standards without the consent of the Minister for Children and Youth Affairs” for “it shall submit the proposed standards to the Minister for approval”.

5.

Section 12

(a) Substitute “the Executive, the Agency or a service provider” for “the Executive or a service provider”.

(b) Substitute “the Executive, the Agency or by the service provider” for “the Executive or by the service provider”.

6.

Section 39

In subsection (1)(a), substitute “the Executive, the Agency or a service provider” for “the Executive or a service provider”.

7.

Section 41

In subsection (1), substitute the following for paragraph (a):

“(a) inspect the performance by the Executive of the Executive’s functions under section 10 of the Health (Nursing Homes) Act 1990 and the performance by the Agency of the Agency’s functions under sections 39 to 42 and 53 of the Child Care Act 1991,”.

8.

Section 45

(a) Substitute the following for subsection (1):

“(1) The Minister, by written direction, may require the Executive to carry out inspections of nursing homes as defined in section 2 of the Health (Nursing Homes) Act 1990 and the Minister for Children and Youth Affairs, by written direction, may require the Agency to carry out inspections of children’s residential centres, as defined in section 2(1) of the Child Care Act 1991, which are provided in accordance with section 38(1) of that Act.”.

(b) In subsections (2) to (5), substitute “Executive or the Agency” for “Executive” wherever it occurs.

9.

Section 60

In subsection (6), insert “or the Agency as the case may be” after “the Executive” wherever it occurs.

10.

Section 64

In subsections (1) to (4), substitute “Executive or the Agency as the case may” for “Executive”.

11.

Section 68

In subsection (3), substitute “Executive or the Agency as the case may be” for “Executive”wherever it occurs.

12.

Section 71

(a) In subsection (1), substitute “Executive or the Agency as the case may be” for “Executive”.

(b) In subsection (2), substitute the following for paragraph (a):

“(a) the terms and conditions applicable in respect of any—

(i) arrangement under section 38 of the Health Act 2004,

(ii) assistance given in accordance with section 39 of the Health Act 2004, and

(iii) arrangements under section 56 or 58 of the Child and Family Agency Act 2013.”.

13.

Section 73

(a) In subsection (1)(i), substitute “Executive, the Agency or a service provider,” for “Executive or a service provider”.

(b) In subsection (2)—

(i) in paragraph (a), insert “or the Agency” after “Executive”, and

(ii) in paragraph (b), substitute “Executive, the Agency or a service provider,” for “Executive or a service provider,”.

(c) In subsection (4)(a), substitute “the Executive or the Agency,” for “the Executive,”.

14.

Section 98

In subsection (1), insert “, having consulted the Minister for Children and Youth Affairs as may be appropriate,” after “The Minister”.

15.

Section 99

Insert “, having consulted the Minister for Children and Youth Affairs as may be appropriate,” after “the Minister”.

16.

Section 100

Insert “, having consulted the Minister for Children and Youth Affairs as may be appropriate,” after “The Minister”.

17.

Section 101

In subsection (1)(a) insert “, having consulted the Minister for Children and Youth Affairs as may be appropriate,” after “the Minister”.

PART 21

Amendment of Adoption Act 2010

Item

Provision affected

Amendment

1.

Whole Act

Substitute “Child and Family Agency” for “Health Service Executive” in each place where it occurs.