Education (Welfare) Act 2000
Number 22 of 2000
EDUCATION (WELFARE) ACT 2000
REVISED
Updated to 5 April 2023
This Revised Act is an administrative consolidation of the Education (Welfare) Act 2000. 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 the Sex Offenders (Amendment) Act 2023 (9/2023), enacted 5 April 2023, and all statutory instruments up to and including the Central Bank (Individual Accountability Framework) Act 2023 (Commencement of Certain Provisions) Order 2023 (S.I. No. 176 of 2023), made 5 April 2023, 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 22 of 2000
EDUCATION (WELFARE) ACT 2000
REVISED
Updated to 5 April 2023
ARRANGEMENT OF SECTIONS
Preliminary And General
Section
1.
2.
3.
4.
5.
6.
7.
8.
National Educational Welfare Board
9.
Establishment of National Educational Welfare Board. (Repealed)
10.
Functions of Child and Family Agency.
11.
12.
13.
Direction of Minister. (Repealed)
Educational Welfare And Compulsory School Attendance
14.
Register of children receiving education in a place other than a school.
15.
Appeal against decision of Child and Family Agency.
16.
Minister may issue guidelines and make recommendations.
17.
Parent to cause child to attend school.
18.
Notification of child's absence from school.
19.
Admission of child to recognised school. (Repealed)
20.
21.
22.
23.
24.
Expulsion of student from recognised school.
25.
26.
27.
28.
Supply of personal data etc. to prescribed bodies.
29.
Register of young persons in employment.
30.
Functions of educational welfare officers.
31.
Provisions Relating To Finance And Staff Of Board
32.
Grants to Board. (Repealed)
33.
Accounts and audits. (Repealed)
34.
Reports and information. (Repealed)
35.
Gifts. (Repealed)
36.
Chief Executive. (Repealed)
37.
Staff. (Repealed)
38.
Remuneration of staff. (Repealed)
39.
Performance of functions of Board by members of staff. (Repealed)
40.
41.
Superannuation. (Repealed)
SCHEDULE (Repealed)
National Educational Welfare Board
Acts Referred to
Companies Act, 1990
Companies Acts, 1963 to 1999
Data Protection Act, 1988
Education Act, 1998
European Parliament Elections Act, 1997
Health Act, 1970
Local Government Act, 1941
Medical Practitioners Act, 1978
Minimum Notice and Terms of Employment Acts, 1973 to 1991
Organisation of Working Time Act, 1997
Protection of Young Persons (Employment) Act, 1996
Redundancy Payments Acts, 1967 to 1991
Regional Technical Colleges Act, 1992
School Attendance Acts, 1926 to 1967
Trade Union Act, 1941
Unfair Dismissals Acts, 1977 to 1993
Vocational Education Act, 1930
Worker Protection (Regular Part-Time Employees) Act, 1991
Youth Work Act, 1997
Number 22 of 2000
EDUCATION (WELFARE) ACT 2000
REVISED
Updated to 5 April 2023
AN ACT TO PROVIDE FOR THE ENTITLEMENT OF EVERY CHILD IN THE STATE TO A CERTAIN MINIMUM EDUCATION, AND, FOR THAT PURPOSE, TO PROVIDE FOR THE REGISTRATION OF CHILDREN RECEIVING EDUCATION IN PLACES OTHER THAN RECOGNISED SCHOOLS, THE COMPULSORY ATTENDANCE OF CERTAIN CHILDREN AT RECOGNISED SCHOOLS, THE ESTABLISHMENT OF A BODY, TO BE KNOWN AS THE NATIONAL EDUCATIONAL WELFARE BOARD OR, IN THE IRISH LANGUAGE, AN BORD NÁISIÚNTA LEASA OIDEACHAIS, THE COORDINATION OF ITS ACTIVITIES AND THOSE OF CERTAIN OTHER PERSONS IN SO FAR AS THEY RELATE TO MATTERS CONNECTED WITH SCHOOL ATTENDANCE, THE IDENTIFICATION OF THE CAUSES OF NON-ATTENDANCE ON THE PART OF CERTAIN STUDENTS AND THE ADOPTION OF MEASURES FOR ITS PREVENTION, TO REPEAL THE SCHOOL ATTENDANCE ACTS, 1926 TO 1967, TO PERMIT THE SUPPLY OF DATA RELATING TO A PERSON'S EDUCATIONAL HISTORY TO CERTAIN PERSONS, TO PROVIDE FOR THE AMENDMENT OF THE PROTECTION OF YOUNG PERSONS (EMPLOYMENT) ACT, 1996, AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH. [5th July, 2000]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Functions transferred and references to Minister for and Department of Children, Equality, Disability, Integration and Youth construed (1.01.2021) by Education Welfare (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 588 of 2020), arts. 2, 3, 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 the functions transferred by Article 3 are transferred to the Department of Education.
(2) References to the Department of Children, Equality, Disability, Integration and Youth 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 Education.
3. (1) The functions vested in the Minister for Children, Equality, Disability, Integration and Youth -
(a) by or under the Education (Welfare) Act 2000 (No. 22 of 2000), other than section 12(6)(e), and
(b) in relation to the administration of -
(i) the Home School Community Liaison Scheme, and
(ii) the School Completion Programme,
are transferred to the Minister for Education.
(2) References to the Minister for Children, Equality, Disability, Integration and Youth 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 Education.
C2
Functions under certain provisions transferred and references to Department of and Minister for Finance construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5, sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
...
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
...
Schedule 1
Enactments
...
Part 2
1922 to 2011 Enactments
|
Number and Year |
Short Title |
Provision |
|
(1) |
(2) |
(3) |
|
... |
... |
... |
|
No. 22 of 2000 |
Education (Welfare) Act 2000 |
Sections 32 and 33; Schedule, paragraphs 1(1) and 11(7) |
|
... |
... |
... |
C3
Functions transferred and terms Minister for and Department of Education and Skills construed (11.05.2011) by National Education Welfare Board (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 215 of 2011), arts. 2, 3, in effect as per art. 1(2).
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 Community, Equality and Gaeltacht Affairs.
(2) References to the Department of Education and Skills contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Community, Equality and Gaeltacht Affairs.
3. (1) The functions vested in the Minister for Education and Skills—
(a) by or under the Education (Welfare) Act 2000 (No. 22 of 2000), with the exception of those functions of the said Minister provided for under sections 16, 19, 20 and 28, and paragraph (16) of section 29,
(b) in relation to the administration of—
(i) the Home School Community Liaison scheme (other than the allocation of teachers to the scheme and the payment of such teachers),
(ii) the School Completion Programme, and
(iii) the Visiting Teacher for Travellers Service (other than the payment of such teachers),are transferred to the Minister for Community, Equality and Gaeltacht Affairs.
(2) References to the Minister for Education and Skills contained in any Act or instrument made under such Act and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Community, Equality and Gaeltacht Affairs.
C4
Functions in relation to Act transferred to Health Service Executive (1.01.2005) by Health Act 2004 (42/2004), ss. 58, 59, sch. 3, S.I. No. 887 of 2004.
Dissolution of health boards and other specified bodies.
58.—The specified bodies are, by this Act, dissolved on the establishment day.
Transfer of functions of specified bodies to Executive.
59.—(1) The functions that, immediately before the establishment day, were the functions of a specified body under or in connection with the enactments referred to in Schedule 3 are, by this Act, transferred to the Executive on that day.
(2) If a provision of an enactment referred to in Schedule 3, or a provision of an instrument made under such enactment, does not come into effect until on or after the establishment day, a function that on the passing of that enactment or the making of that instrument was assigned under or in connection with that provision to a specified body is, by this Act, transferred to the Executive on the commencement of that provision.
(3) The functions transferred by this Act to the Executive include the functions specified in any enactment referred to in Schedule 3 as a function of the following:
(a) the chief executive officer of a health board;
(b) the Regional Chief Executive of the Eastern Regional Health Authority;
(c) the area chief executive of an Area Health Board.
...
SCHEDULE 3
Transfer of Functions and References to Functional Areas
Section 59 and 67.
...
26. Education (Welfare) Act 2000
...
Editorial Notes:
E1
Power of Teaching Council or any person to apply for inquiry into fitness of registered teacher to teach for non-compliance with any provisions of Act prescribed (25.07.2016) by Teaching Council Act 2001 (8/2001), s. 42(1)(a), S.I. No. 407 of 2016, as substituted (25.07.2016) by Teaching Council (Amendment) Act 2015 (31/2015), s. 20(a), S.I. No. 408 of 2016.