Child Care Act 1991

58F

F355[Appeals to District Court

58F

58F.—(1) A registered provider or an applicant, may, within 21 days of the receipt of the notification of a decision under section 58D, appeal to the District Court against a decision of the Agency to—

(a) refuse to register the applicant under section 58D,

(b) remove the registered provider from the register, or

(c) attach a condition, or amend or revoke a condition attached, to that registration.

(2) The court may, if it so thinks proper, confirm the decision of the Agency under section 58D or direct the Agency, as may be appropriate, to register an applicant, to restore the registration of a registered provider, to attach or withdraw a condition or amend or revoke a condition, of the registration concerned.

(3) The jurisdiction conferred on the District Court by this section shall be exercised by the judge of the District Court for the time being assigned to the district court district in which the premises in which the registered provider provides the prescribed early years service, or the premises in which it is proposed that an applicant shall provide a prescribed early years service, is situated.

(4) A decision of the District Court under this section on a question of fact shall be final.]

Annotations

Amendments:

F355

Part VIIA (ss. 58A-58L) inserted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 92, S.I. No. 502 of 2013.

F356

Inserted by Child Care (Amendment) Act 2024 (19/2024), s. 9(a), not commenced as of date of revision.

F357

Substituted by Child Care (Amendment) Act 2024 (19/2024), s. 9(b), not commenced as of date of revision.

Modifications (not altering text):

C54

Prospective affecting provision: subss. (2A)-(2D) inserted, subs. (3) amended by Child Care (Amendment) Act 2024 (19/2024), s. 9(a), (b), not commenced as of date of revision.

F356[(2A) A registered provider may, within 7 days of the date on which a temporary prohibition order is served on him or her, appeal to the District Court against the decision to issue the order.

(2B) The bringing of an appeal under subsection (2A) against a temporary prohibition order which is to take effect in accordance with section 58JC(3)(a) shall not have the effect of suspending the operation of the order.

(2C) Without prejudice to subsection (2B), a person who brings an appeal under subsection (2A) against a temporary prohibition order may apply to the District Court to have the operation of the order suspended until the appeal is withdrawn or determined and, on such application, the court may, if it thinks proper to do so, direct that the operation of the order be suspended until the appeal is withdrawn or determined.

(2D) The court may, on an appeal under subsection (2A)—

(a) confirm the temporary prohibition order, with or without modification, or

(b) cancel the temporary prohibition order.]

(3) The jurisdiction conferred on the District Court by F357[this section and sections 58JA, 58JB and 58JD] shall be exercised by the judge of the District Court for the time being assigned to the district court district in which the premises in which the registered provider provides the prescribed early years service, or the premises in which it is proposed that an applicant shall provide a prescribed early years service, is situated.