Child Care (Amendment) Act 2011

35.

Amendment of Part 7A of Act of 2004.

35.— Part 7A (inserted by section 1 of the Health (Amendment) Act 2010) of the Act of 2004 is amended—

( a) in section 40B—

(i) in subsection (1)( a), by substituting “functions,” for “functions, and”,

(ii) in subsection (1)( b)(ii), by substituting “Minister,” for “Minister.”,

(iii) by inserting the following after subsection (1)( b):

“and

( c) without delay, furnish the Minister for Children and Youth Affairs with information regarding—

(i) any such occurrence or development that, in the opinion of the Executive, that Minister is likely to consider significant for the performance of his or her functions, or

(ii) any other occurrence or development that falls within a class of occurrences or developments of public interest or concern that has been specified in writing by that Minister.”,

and

(iv) in subsection (2), by inserting “, in consultation with the Minister for Children and Youth Affairs,” after “Minister may”,

( b) in section 40C—

(i) by inserting the following subsection after subsection (1):

“(1A) The Minister for Children and Youth Affairs may, where he or she considers it necessary in the public interest to do so for the performance of his or her functions, require the Executive to furnish him or her with such information or documents as he or she may specify that are in the Executive’s procurement, possession or control, and the Executive shall do so within any period that that Minister may specify and, in any event, without delay.”,

(ii) in subsection (2), by inserting “or the Minister for Children and Youth Affairs” after “furnish the Minister”,

(iii) in subsection (3), by inserting “or the Minister for Children and Youth Affairs” after “furnishing the Minister”, and

(iv) in subsection (4)( a), by inserting “or the Minister for Children and Youth Affairs” after “furnishing the Minister”,

( c) in section 40D—

(i) in subsection (1), by inserting “to him or her” after “has been furnished”,

(ii) by inserting the following subsection after subsection (1):

“(1A) Where the Minister for Children and Youth Affairs has appointed a person to examine or inquire into any matter, and considers that any information or document that has been furnished to him or her under section 40B or 40C may be relevant to that examination or inquiry, that Minister may furnish that information or document to the person, and that person may receive that information or document.”,

(iii) in subsection (2), by substituting “the Minister or the Minister for Children and Youth Affairs to furnish a person referred to in subsection (1) or, as the case may be, subsection (1A), with information” for “the Minister to furnish a person referred to in subsection (1) with information”,

(iv) in subsection (3), by substituting “the Minister or the Minister for Children and Youth Affairs from furnishing a person referred to in subsection (1) or, as the case may be, subsection (1A), with information” for “the Minister from furnishing a person referred to in subsection (1) with information”, and

(v) in subsection (4)( a), by substituting “the Minister or the Minister for Children and Youth Affairs from furnishing a person referred to in subsection (1) or, as the case may be, subsection (1A), with information” for “the Minister from furnishing a person referred to in subsection (1) with information”,

( d) in section 40E—

(i) in subsection (1), by inserting “to him or her” after “documents furnished”, and

(ii) by inserting the following subsection after subsection (1):

“(1A) Subject to subsection (2), the Minister for Children and Youth Affairs may use information and documents furnished to him or her under this Part as he or she requires for the performance of his or her functions.”,

and

( e) in section 40F—

(i) by substituting “any power of the Minister or the Minister for Children and Youth Affairs” for “any power of the Minister”, and

(ii) to substitute “the functions of the Executive, the Minister or the Minister for Children and Youth Affairs” for “the functions of the Executive or the Minister”.