14.—(1) The F13[Child and Family Agency] shall F14[…] cause to be established and maintained a register of all children in receipt of education in a place other than a recognised school (hereafter in this section referred to as “the register”).

(2) Subject to subsection (3), where a parent chooses to educate, or have educated, his or her child in a place other than a recognised school he or she shall, in accordance with this section, apply to the F13[Child and Family Agency] to have the child concerned registered in the register.

(3) The parent of a child who immediately before the commencement of this section is being educated in a place other than a recognised school shall, if he or she wishes the child to continue to be so educated, apply, not later than 3 months after such commencement, to the F13[Child and Family Agency] to have the child concerned registered in the register.

(4) An application under this section shall—

(a) be in writing,

(b) specify the place at which the child receives the education to which the application relates, and

(c) comply with such requirements (if any) as may be prescribed by the Minister or developed by the F13[Child and Family Agency] with the approval of the Minister.

(5) As soon as practicable after an application under this section is received by the F13[Child and Family Agency], the F13[Child and Family Agency] shall, for the purpose of determining whether the child is receiving a certain minimum education, cause an authorised person to carry out, in consultation with the parent who made the application, an assessment of—

(a) the education that is being provided, or that it is proposed will be provided, to the child,

(b) the materials used, or that it is proposed will be used, in the provision of such education, and

(c) the time spent, or that it is proposed will be spent, in the provision of such education,

and if, after receiving a report under subsection (8) in respect of such assessment, the F13[Child and Family Agency] is of opinion that it is unable to determine the said matter, it shall, with the consent of the said parent, cause an authorised person to—

(i) enter the place at which the child is being educated and observe the child receiving the education that is being provided to him or her,

(ii) inspect such premises, equipment and materials as are used in the provision of education to the child, and

(iii) carry out an assessment of the child, in the said place or such other place as the F13[Child and Family Agency] considers appropriate, as to his or her intellectual, emotional and physical development, which shall include an assessment of his or her knowledge and understanding of such subjects, and proficiency in such exercises and disciplines, as the authorised person considers appropriate.

and the performance of any or all of the functions referred to in this subsection by an authorised person is hereafter referred to in this section as an “assessment”.

(6) Where the F13[Child and Family Agency], having received a report submitted under this section in respect of a child who is a student at a school other than a recognised school, is satisfied that the school is providing a certain minimum education to children who are students at that school it may, without carrying out any further assessments, register any or all of such children in the register, provided that the school concerned notifies the F13[Child and Family Agency] in writing that the children concerned are students at that school.

(7) An authorised person may, in respect of a registered child, carry out assessments at such intervals (if any) as may be specified by the F13[Child and Family Agency], and accordingly subsection (5) shall apply with the necessary modifications.

(8) An authorised person shall, as soon as may be after completing an assessment under this section, prepare and submit to the F13[Child and Family Agency] a report of his or her findings in relation to such assessment.

(9) The F13[Child and Family Agency] shall serve a copy of a report received by it under this section on the parent of the child to whom the report relates and shall invite such parent to make representations to the F13[Child and Family Agency] concerning the matters to which the report relates.

(10) As soon as may be after considering a report submitted under this section, in respect of a child to whom an application under this section relates, and any representations made to it by the parent of the child concerned, the F13[Child and Family Agency] shall—

(a) if satisfied that the child concerned is receiving a certain minimum education, register the child concerned in the register, or

(b) if not so satisfied—

(i) register the child in the register subject to the parent of the child undertaking to comply with such requirements of the F13[Child and Family Agency] as in its opinion will ensure that the child receives a certain minimum education, or

(ii) refuse to register the child concerned in the register.

(11) An undertaking to which paragraph (b)(i) of subsection (10) applies shall be in writing and shall be given within such period as may be specified by the F13[Child and Family Agency].

(12) After considering a report submitted under this section in respect of a registered child, and any representations made to it by the parent of the child concerned, the F13[Child and Family Agency] shall—

(a) if not satisfied that the child is receiving a certain minimum education—

(i) remove the child's name from the register, or

(ii) require the parent of the child to undertake in writing to comply with such conditions as, in the opinion of the F13[Child and Family Agency], will ensure that the child receives a certain minimum education,

or

(b) if not satisfied that the parent of the child is abiding by an undertaking given pursuant to paragraph (b)(i) of subsection (10), or paragraph (a)(ii) or complying with a requirement under section 15(6)(c), remove the child's name from the register.

(13) Where the parent of a child fails or refuses—

(a) to give his or her consent to the carrying out, within such period as may be specified by the F13[Child and Family Agency], of an assessment in accordance with subsection (5) or (7), or

(b) to give an authorised person such assistance as he or she may require for the purpose of carrying out an assessment,

the F13[Child and Family Agency] shall—

(i) in the case of an application to have that child registered in the register, refuse to so register the child, or

(ii) in the case of a registered child, remove his or her name from the register maintained under this section.

(14) Where the F13[Child and Family Agency] decides to register a child under paragraph (a) or (b)(i) of subsection (10), it shall cause the name of the child and such other particulars as may be prescribed by the Minister to be entered in the register and the child shall thereupon be registered for the purposes of this section.

(15) The parent of a registered child shall, if a particular entered in the register in accordance with subsection (14) ceases to be correct, so inform the F13[Child and Family Agency] as soon as may be.

(16) The F13[Child and Family Agency] shall not remove a child's name from the register solely on the ground that the child concerned is prevented from receiving a certain minimum education due to illness, whether of a permanent or temporary nature.

(17) The F13[Child and Family Agency] shall, as soon as may be after registering under paragraph (a) or (b)(i) of subsection (10) a child who is registered at a recognised school, so inform by notice in writing the principal of that school, and the principal concerned shall, on receipt of such notification, remove the child's name from the register maintained under section 20 in respect of the school concerned.

(18) The F13[Child and Family Agency] shall, in the performance of its functions under this section, have regard to such guidelines as may be issued, or such recommendations as may be made, by the Minister under section 16.

(19) This section does not apply to—

(a) a child who is being educated at a school outside the State, or

(b) a child who is participating in a programme of education, training, instruction or work experience prescribed by the Minister.

(20) (a) In this section—

“authorised person” means an inspector, educational welfare officer or a person appointed by the F13[Child and Family Agency] to perform the functions of an authorised person under this section;

“registered child” means a child who, for the time being, is registered in the register in accordance with this section.

(b) For the purposes of this section, the registering of a child in the register shall consist of the entering, in the register, of his or her name and such other particulars relating to the child as may be determined by the F13[Child and Family Agency].