Children Act 2001
F155[Transfer of property, rights and liabilities of certified industrial school on commencement of section 159(2).
159B.—(1) In this section—
“board of management” in relation to a certified industrial school, includes managers of the school within the meaning of the Act of 1908;
“certified industrial school” means a certified industrial school under Part IV of the Act of 1908 which becomes transferred premises on the transfer day;
“land” includes any rights, liabilities, powers or privileges relating to or connected with the land;
“property” includes any rights or liabilities relating to or connected with the property;
“transfer day” means the day on which a certified industrial school becomes, by virtue of section 159(2), premises provided and maintained by the F156[Child and Family Agency] under section 38(2) of the Act of 1991 for the provision of residential care for children in care;
“transferred premises” means premises which on the transfer day become premises so provided and maintained.
(2) On the transfer day—
(a) any land or other property, and any other rights or liabilities, vested in the Minister for Education and Science in relation to the certified industrial school concerned or in its board of management immediately before that day, except any rights or liabilities referred to in paragraph (b), is transferred to and vested in the F156[Child and Family Agency] without any conveyance or assignment,
(b) any rights or liabilities—
(i) of the Minister for Education and Science in relation to the school or of its board of management, and
(ii) relating to or connected with members of its teaching staff or their teaching functions,
however arising immediately before that day are transferred to and vested without any assignment in the vocational education committee in whose functional area the transferred premises are situated.
(3) Any rights or liabilities transferred under this section may on and after the transfer day be sued on, recovered or enforced by or against the F156[Child and Family Agency] or the vocational education committee concerned in its own name, and it shall not be necessary for the Executive or committee to give notice of the transfer to the person whose rights or liabilities are so transferred.
(4) Subject to subsection (5), where any proceedings to which the certified industrial school concerned or its board of management is a party are pending immediately before the transfer day, the Minister for Education and Science shall be substituted for the school or board as a party to the proceedings on and after that day, and the proceedings shall not abate by reason of the substitution.
(a) the Minister for Education and Science is a party to proceedings pending immediately before the transfer day in relation to a certified industrial school or its board of management, whether by virtue of subsection (4) or otherwise, and
(b) the Minister and the F156[Child and Family Agency] or vocational education committee concerned agree that the Executive or committee should be substituted for the Minister as a party to the proceedings,
the Executive or the committee shall notify the other parties to the proceedings accordingly, and the proceedings shall not abate by reason of the substitution.
(6) A person who was an employee of the certified industrial school concerned (other than a member of its teaching staff) immediately before the transfer day shall on that day become an employee of the F156[Child and Family Agency], and the rights and entitlements enjoyed by the person as such employee in respect of his or her terms and conditions of employment, including remuneration, allowances and superannuation, shall not by virtue of the operation of this Act be any less beneficial than the rights and entitlements enjoyed by that person immediately before that day.
(7) The functions, including powers and duties, of the Minister for Health and Children under the Child Care Act 1991, as amended, and the Health Acts 1947 to 2006 in relation to premises provided and maintained under section 38(2) of the Act of 1991 by the F156[Child and Family Agency] for the provision of residential care for children in care apply and have effect in relation to transferred premises.
(8) A child who is found guilty of an offence may not be ordered to be placed or detained in transferred premises.
(9) The Minister for Education and Science shall, before the commencement of section 159(2), direct the transfer of each child convicted of an offence or on remand in respect of an offence from any place which, on such commencement, becomes transferred premises to a certified reformatory or industrial school under Part IV of the Act of 1908 or a children detention school to serve the whole or any part of the unexpired residue of his or her period of detention.
(10) This section is without prejudice to section 159A.]
Inserted (20.02.2007 and 1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 148, commenced in so far as it relates to the insertion of subss. (1) and (9) and otherwise, S.I. No. 65 of 2007.
Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2 part 14 item 1, S.I. No. 502 of 2013.