Child Care (Amendment) Act 2011
Number 19 of 2011
CHILD CARE (AMENDMENT) ACT 2011
REVISED
Updated to 1 January 2018
This Revised Act is an administrative consolidation of the Child Care (Amendment) Act 2011. 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 Finance Act 2017 (41/2017), enacted 25 December 2017, and all statutory instruments up to and including Legal Metrology (Measuring Instruments) Act 2017 (Commencement) Order 2018 (S.I. No. 1 of 2018), made 4 January 2018, 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 19 of 2011
CHILD CARE (AMENDMENT) ACT 2011
REVISED
Updated to 1 January 2018
ARRANGEMENT OF SECTIONS
Preliminary and General
Section
1. Short title, collective citations and commencement.
Amendment of Principal Act
3. Amendment of section 2 of Principal Act.
4. Amendment of section 3 of Principal Act.
5. Amendment of section 4 of Principal Act.
6. Amendment of section 9 of Principal Act.
7. Amendment of section 12 of Principal Act.
8. Amendment of section 18 of Principal Act.
9. Amendment of section 19 of Principal Act.
10. Amendment of Part IVA of Principal Act.
11. Amendment of section 24 of Principal Act.
12. Amendment of section 25 of Principal Act.
13. Amendment of section 26 of Principal Act.
14. Amendment of section 27 of Principal Act.
15. Amendment of section 28 of Principal Act.
16. Amendment of section 30 of Principal Act.
17. Amendment of section 31 of Principal Act.
18. Amendment of section 32 of Principal Act.
19. Amendment of section 33 of Principal Act.
20. Amendment of section 36 of Principal Act.
21. Amendment of section 37 of Principal Act.
22. Amendment of section 42 of Principal Act.
23. Amendment of section 45 of Principal Act.
24. Amendment of section 46 of Principal Act.
25. Amendment of section 47 of Principal Act.
26. Amendment of section 69 of Principal Act.
Amendment of Act of 2001
27. Amendment of section 3 of Act of 2001.
28. Amendment of section 7 of Act of 2001.
29. Amendment of section 8 of Act of 2001.
30. Amendment of section 10 of Act of 2001.
31. Amendment of section 13 of Act of 2001.
32. Amendment of section 71 of Act of 2001.
33. Amendment of section 77 of Act of 2001.
34. Amendment of section 267 of Act of 2001.
Amendment of Act of 2004
35. Amendment of Part 7A of Act of 2004.
Amendment of Act of 2007
Dissolution of Children Acts Advisory Board
39. Transfer of rights and liabilities.
40. Transfer of certain property.
42. Preparation of final report.
43. Pending legal proceedings.
44. Transfer of staff of Board.
46. Amendment of Principal Act.
Miscellaneous
Acts Referred to
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2010, No. 21 |
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Adoptive Leave Acts 1995 and 2005 |
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2001, No. 19 |
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2007, No. 26 |
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1991, No. 17 |
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Child Care Acts 1991 to 2007 |
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2001, No. 24 |
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Children Acts 2001 to 2007 |
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Civil Service Regulation Acts 1956 to 2005 |
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1971, No. 36 |
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2006, No. 26 |
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Ethics in Public Office Acts 1995 to 2001 |
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1964, No. 7 |
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2004, No. 42 |
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2007, No. 23 |
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Health Acts 1947 to 2010 |
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2010, No. 15 |
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Maternity Protection Acts 1994 and 2004 |
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2001, No. 25 |
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Minimum Notice and Terms of Employment Acts 1973 to 2005 |
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1997, No. 20 |
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Parental Leave Acts 1998 and 2006 |
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2003, No. 29 |
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2001, No. 45 |
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Public Service Management (Recruitment and Appointments) Act 2004 |
2004, No. 32 |
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Redundancy Payments Acts 1967 to 2007 |
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Terms of Employment (Information) Acts 1994 and 2001 |
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Unfair Dismissals Acts 1977 to 2007 |
Number 19 of 2011
CHILD CARE (AMENDMENT) ACT 2011
REVISED
Updated to 1 January 2018
AN ACT TO AMEND AND EXTEND THE CHILD CARE ACT 1991; TO MAKE FURTHER PROVISION IN RELATION TO THE CARE AND PROTECTION OF CHILDREN; TO AMEND THE CHILDREN ACT 2001; THE HEALTH ACT 2004 AND THE HEALTH ACT 2007; TO PROVIDE FOR THE DISSOLUTION OF THE CHILDREN ACTS ADVISORY BOARD AND THE TRANSFER OF ITS ASSETS, LIABILITIES AND EMPLOYEES TO THE MINISTER FOR HEALTH; TO REPEAL PART 11 OF THE CHILDREN ACT 2001; TO AMEND THE ADOPTION ACT 2010; AND TO PROVIDE FOR RELATED MATTERS.
[31st July, 2011]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Functions under collectively cited Child Care Acts transferred (1.10.2011) by Child Care (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 488 of 2011), 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 any functions transferred by Article 3 are transferred to the Department of Children and Youth Affairs.
(2) References to the Department of Health 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 Children and Youth Affairs.
3. (1) The functions vested in the Minister for Health by or under the Child Care Acts 1991 to 2011 are transferred to the Minister for Children and Youth Affairs.
(2) References to the Minister for Health 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 Children and Youth Affairs.
C2
Application of collectively cited Health Acts restricted by Health Act 1970 (1/1970), s. 53(2) as substituted (11.03.2005) by Health (Amendment) Act 2005 (3/2005), s. 4(a), commenced on enactment.
Charges for in-patient services.
53.—(1) Save as provided for under subsection (2) charges shall not be made for in-patient services made available under section 52.
(2) [Notwithstanding anything in the Health Acts 1947 to 2004 but subject to subsections (3), (4) and (6), the Minister shall] with the consent of the Minister for Finance, make regulations—
(a) providing for the imposition of charges for in-patient services in specified circumstances on persons [to whom the in-patient services are provided] or on specified classes of such persons, and
(b) specifying the amounts of the charges or the limits to the amounts of the charges to be so made.
...
C3
Application of collectively cited Health Acts restricted (7.05.1986) by Health (Amendment) Act 1986 (10/1986), s. 2(1), commenced on enactment.
Charges by health boards for provision of in-patient services and out-patient services in respect of certain injuries caused by mechanically propelled vehicles.
2.—(1) Where—
(a) injury is caused to a person by the negligent use of a mechanically propelled vehicle in a public place, and
(b) in-patient services or out-patient services have been, are being or will be provided by or on behalf of a health board in respect of the injury, and
(c) any one of the following, that is to say, the person aforesaid, his personal representative or dependant, has received, or is entitled to receive damages or compensation in respect of the negligent use aforesaid from the person liable to pay such damages or compensation in respect of that injury, or any loss, damage or expense (or mental distress in the case of a dependant) arising therefrom,
the health board shall, notwithstanding anything in the Health Acts, 1947 to 1985, make a charge upon the person who received or is entitled to receive such damages or compensation in respect of the said in-patient services or out-patient services.
Editorial Notes:
E1
Proceedings under collectively cited Child Care Acts 1991 to 2015 excluded from application of Mediation Act 2017 (1.01.2018) by Mediation Act 2017 (27/2017), s. 3(1)(i), S.I. No. 591 of 2017.