Ombudsman for Children Act 2002
Number 22 of 2002
OMBUDSMAN FOR CHILDREN ACT 2002
REVISED
Updated to 26 December 2018
This Revised Act is an administrative consolidation of the Ombudsman for Children Act 2002. 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 Public Service Superannuation (Age of Retirement) Act 2018 (39/2018), enacted 26 December 2018, and all statutory instruments up to and including European Union (General Framework for Securitisation and Specific Framework for Simple, Transparent and Standardised Securitisation) Regulations 2018 (S.I. No. 656 of 2018), made 20 December 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 22 of 2002
OMBUDSMAN FOR CHILDREN ACT 2002
REVISED ACT
Updated to 26 December 2018
ARRANGEMENT OF SECTIONS
Preliminary and General
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Section |
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1. |
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2. |
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3. |
Ombudsman for Children
Appointment, terms and conditions of office
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4. |
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5. |
Performance of functions
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6. |
Rights and welfare of children
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7. |
Complaints against public bodies, schools and voluntary hospitals
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8. |
Function to examine and investigate complaints against public bodies. |
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9. |
Function to examine and investigate complaints against schools and voluntary hospitals. |
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10. |
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11. |
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12. |
Examination and investigation of complaints
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13. |
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14. |
Powers in respect of preliminary examinations and investigations. |
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15. |
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16. |
Miscellaneous
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17. |
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18. |
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19. |
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20. |
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21. |
Public Bodies subject to investigation
Voluntary Hospitals
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Acts Referred to |
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Adoption Acts, 1952 to 1998 |
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Children Act, 1908 |
1908, c. 67 |
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Civil Service Commissioners Act, 1956 |
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Civil Service Regulation Act, 1956 |
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Civil Service Regulation Acts, 1956 to 1996 |
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Comptroller and Auditor General (Amendment) Act, 1993 |
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County Management Acts, 1940 to 1994 |
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Court Officers Acts, 1926 to 1999 |
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Courts (Supplemental Provisions) Act, 1961 |
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Defence Forces Acts, 1954 to 1998 |
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Education Act, 1998 |
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European Parliament Elections Act, 1997 |
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Freedom of Information Act, 1997 |
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Garda Síochána (Complaints) Act, 1986 |
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Guardianship of Children Acts, 1964 to 1997 |
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Health Act, 1970 |
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Health Acts, 1947 to 2001 |
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Health (Eastern Regional Health Authority) Act, 1999 |
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Income Tax Acts |
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Interpretation Act, 1937 |
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Local Government Act, 2001 |
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Ombudsman Act, 1980 |
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Social Welfare Acts |
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Number 22 of 2002
OMBUDSMAN FOR CHILDREN ACT 2002
REVISED ACT
Updated to 26 December 2018
AN ACT TO PROVIDE FOR THE APPOINTMENT AND FUNCTIONS OF AN OMBUDSMAN FOR CHILDREN, AND FOR PURPOSES CONNECTED THEREWITH. [1st May, 2002]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
C1
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3 and sch. 1, subject to transitional provisions in arts. 5-9, in effect as per art. 1(2).
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.
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Schedule 1
Part 2
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1922 to 2011 Enactments
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Number and Year |
Short Title |
Provision |
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(1) |
(2) |
(3) |
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... |
... |
... |
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No. 22 of 2002 |
Ombudsman for Children Act 2002 |
Sections 14 and 17 |
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... |
... |
... |
C2
Functions transferred and references to “Department of Health and Children” and “Minister for Health and Children” construed (3.06.2011) by Office of the Minister for Children and Youth Affairs (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 218 of 2011), arts. 2, 3(1), (3) and sch., in effect as per art. 1(2).
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 and Children 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 and Children by or under the Acts specified in the Schedule are transferred to the Minister for Children and Youth Affairs.
...
(3) References to the Minister for Health and Children 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.
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SCHEDULE
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Ombudsman for Children Act 2002 (No. 22 of 2002)
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C3
Functions transferred (1.01.2005) by Health Act 2004 (42/2004), s. 59, S.I. No. 887 of 2004.
Transfer of functions of specified bodies to Executive.
59.—(1) The functions that, immediately before the establishment day, were the functions of a specified body under or in connection with the enactments referred to in Schedule 3 are, by this Act, transferred to the Executive on that day.
(2) If a provision of an enactment referred to in Schedule 3, or a provision of an instrument made under such enactment, does not come into effect until on or after the establishment day, a function that on the passing of that enactment or the making of that instrument was assigned under or in connection with that provision to a specified body is, by this Act, transferred to the Executive on the commencement of that provision.
(3) The functions transferred by this Act to the Executive include the functions specified in any enactment referred to in Schedule 3 as a function of the following:
(a) the chief executive officer of a health board;
(b) the Regional Chief Executive of the Eastern Regional Health Authority;
(c) the area chief executive of an Area Health Board.
(4) This section does not apply in relation to the functions of the Hospital Bodies Administrative Bureau.
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SCHEDULE 3
Transfer of Functions and References to Functional Areas
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45. Ombudsman for Children Act 2002
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Editorial Notes:
E1
Ombudsman for Children excluded from definition of public bodies insofar as it relates to records concerning an examination or investigation carried out by Ombudsman under Act (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 6 and sch. 1 part 1(aa), commenced as per s. 1(2), subject to transitional provisions in s. 1(3) and (4).
E2
Option of referral of complaints to Ombudsman for Children confirmed (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 69(1), S.I. No. 502 of 2013.
E3
Option of referral of complaints to Ombudsman for Children confirmed (1.01.2007) by Health Act 2004 (42/2004), s. 54(1), S.I. No. 651 of 2006.