Revised Acts
This Act
Download PDFs
On the eISB
Education for Persons with Special Educational Needs Act 2004
Duty of Minister and Minister for Health and Children to make resources available.
13.—(1) The Minister and the Minister for Health and Children shall each, with the consent of the Minister for Finance, out of moneys provided by the Oireachtas, provide such moneys and other resources as are determined by him or her for the purposes of the preparation and implementation of education plans prepared in respect of children with special educational needs.
(2) Each of the following—
(a) a determination by the Minister or the Minister for Health and Children in respect of the matters referred to in subsection (1), and
(b) an exercise by the Minister for Finance of the power of consent under that subsection,
shall be in accordance with the policies from time to time formulated by the Minister, the Minister for Health and Children or the Minister for Finance, as the case may be, in relation to the performance of each of his or her functions as a Minister of the Government.
(3) In formulating any such policy, the Minister of the Government concerned shall have regard to, and take due account of, the following principles—
(a) that the provision of resources by the State in fulfilment of its duties under Article 42 of the Constitution (being the resources available to the State and allocated by it in a manner consistent with common good) shall be such as to ensure the equitable treatment of every child in the State,
(b) that the objective of the educational provision made by this Act is to ensure that children with special educational needs have the same right to avail of, and benefit from, appropriate education as do their peers who do not have such needs.
Annotations
Modifications (not altering text):
C7
Functions transferred and references to Minister for Health construed as Children, Equality, Disability, Integration and Youth (1.03.2023) by Specialist Community-Based Disability Services (Transfer of Departmental Administration and Ministerial Functions) Order 2022 (S.I. No. 688 of 2022), art. 4(1)(a) and sch. part 1, in operation as per art. 1(2), subject to transitional provisions in arts. 5-9.
4. (1) The functions vested in the Minister for Health -
(a) by or under the enactment specified in Part 1 of the Schedule,
...
are transferred to the Minister for Children, Equality, Disability, Integration and Youth.
(2) References to the Minister for Health contained in any Act or instrument made under such Act, and relating to any relevant function shall, on and after the commencement of this Order, be construed as references to the Minister for Children, Equality, Disability, Integration and Youth.
...
SCHEDULE
Article 4
Part 1
Education for Persons with Special Educational Needs Act 2004 (No. 30 of 2004)
...
C8
Functions transferred and references Minister for Finance construed as Public Expenditure and Reform (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and 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. 30 of 2004 |
Education for Persons with Special Educational Needs Act 2004 |
Sections 13, 19(2), 22(8), 28(9), 36(10) and (11) and 43 |
|
... |
... |
... |
The history of the Ministers concerned with Finance aspects of Act can be traced as follows:
• Functions transferred and title of Minister for Finance changed to Public Expenditure and Reform (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2025);
• Title of Minister for Public Expenditure and Reform changed to Public Expenditure, National Development Plan Delivery and Reform (1.02.2023) by Public Expenditure and Reform (Alteration of Name of Department and Title of Minister) Order 2023 (S.I. No. 19 of 2023), in operation as per art. 1(2);
• Title of Minister for Public Expenditure, National Development Plan Delivery and Reform changed to Public Expenditure, Infrastructure, Public Service Reform and Digitalisation (5.06.2025) by Public Expenditure, National Development Plan Delivery and Reform (Alteration of Name of Department and Title of Minister) Order 2025 (S.I. No. 243 of 2025).