CHILD CARE ACT, 1991

Type Act

Publication 1991-07-10

Last updated 2026-07-21

State Partially repealed

Text Latest available text

Source Irish Statute Book

articles 162

This is the most recent text the official source publishes. It is not a snapshot of the law as it stood on the date of each change.

68 amending acts · 2026-07-21, revised-IE-1991-act-17@2026-07-21

Reform history JSON API

(iv) the grant of an improvement order in respect of the prescribed early years service provided by the registered provider,

(v) a decision to issue an immediate action notice in respect of the prescribed early years service provided by the registered provider,

(vi) the grant of an immediate action order in respect of the prescribed early years service provided by the registered provider,

(vii) a decision to issue a temporary prohibition order in respect of a prescribed early years service provided by the registered provider, or

(viii) the grant of a closure order in respect of the prescribed early years service provided by the registered provider, and

(j) prescribe such particulars, including personal data, of parents and guardians of children attending prescribed early years services, as are necessary and proportionate for the performance by the Agency of its functions under this Part, that shall, at the request of the Agency, be provided to the Agency by registered providers.]

(3) Regulations under this section may—

(a) make different provision for different classes of early years services,

(b) prescribe different requirements for different classes of early years services,

(c) provide for exemptions from any provision or provisions of the regulations for a specified class or classes of F402[early years services, and]]

F403[(d) provide for exemptions, from any requirement in regulations under paragraph (i) of subsection (2) to make arrangements to make publicly known any of the matters specified in subparagraphs (i) to (viii) of that paragraph, for different circumstances or classes of circumstances or for different cases or classes of cases.]

58C. F404[Register

58C.—(1) The Agency shall establish and maintain a register to be known as the register of prescribed early years services (the “register”).

(2) The register shall contain the names of persons who provide prescribed early years services F405[(in this Part referred to as a “registered provider”)], the addresses of the premises on which those services are provided, the number of children each service can accommodate, the date of registration and any other details required by regulations made under section 58B.

(3) The register may be established and maintained in paper or electronic form.

(4) The register shall be available for inspection by members of the public, free of charge, at such times and in such manner as may be prescribed.]

58D. F406[Registration

58D.—(1) A person shall not provide a prescribed early years service unless his or her name is entered in the register as a provider of that service.

(2) The provider of a prescribed early years service or a person who proposes to provide a prescribed early years service shall make an application to the Agency to be registered in the register.

(3) An application under subsection (2) shall be in such form as may be prescribed and accompanied by such fee as may be prescribed.

(4) The period of a registration shall be 3 years from the date of registration.

(5) The Agency may, on application to it in that behalf by a person who is providing or proposes to provide a prescribed early years service—

(a) register the provider concerned,

(b) register that provider with a condition or conditions attached to that registration,

(6) The Agency may remove a registered provider from the register.

(7) Where the Agency becomes aware that any particular entered in the register is incorrect it F407[shall] amend the register to correct the matter.

(8) The Agency shall attach a condition to a registration, refuse a registration, or remove a registered provider from the register where it is satisfied that—

(a) the premises in which the prescribed early years service is, or is proposed to be, provided do not comply with regulations made under this Part, or

(b) the carrying on of the prescribed early years service concerned is not, or will not be, in compliance with such regulations.

F408[(8A) The Agency shall refuse to register an applicant where the applicant—

(a) refuses to allow an authorised person, in accordance with subsection (1A) of section 58J, to enter the premises in which the applicant proposes to provide the prescribed early years service, or

(b) obstructs or impedes an authorised person in the exercise of any of his or her powers under subsection (3A) of that section.]

(9) The Agency F407[may] refuse to register an applicant and F407[may] remove from the register a registered provider—

(a) who has been convicted of—

(i) an offence under this Part, or

(ii) any offence that in the Agency’s opinion renders such person unfit to carry on or be in charge of such service,

(b) who has failed to furnish, within 21 days or such further period as the Agency considers reasonable in the circumstances, the Agency with information the Agency has reasonably required for the performance of its functions under this Part, or has knowingly furnished the Agency with information that is false or misleading in a material particular, or

(c) who has, within the 12 months preceding the date on which registration or removal from the register would take effect, contravened a condition attached to the registration concerned.

(10) The registered provider, not less than 2 months before the expiry of the period of registration concerned, shall apply to the Agency in accordance with subsection (2) to be registered and, where the Agency does not propose to refuse to register or to attach a condition to the registration of the prescribed early years service concerned, it shall renew the registration and the date of registration shall be the day following the day of expiry of the previous registration.

(11) Where the Agency proposes to refuse to register an applicant, to remove a registered provider from the register, to attach a condition to, or amend or revoke a condition attached to, a registration, it shall notify in writing the applicant or the registered provider, as the case may be, of its proposal and of the reasons for it.

(12) A notification under subsection (11) shall include a statement that the person concerned may, within 21 days of the receipt by him of the notification—

(a) make representations to the Agency, or

(b) appeal to the District Court under F407[section 58F(1)] against the decision.

(13) A person who has been notified of a proposal under subsection (11) may, within 21 days of the receipt of the notification, make representations in writing to the Agency and the Agency shall—

(a) before deciding the matter, take into consideration any representations duly made to it by that person, and

(b) notify the person in writing of its decision within 21 days of the receipt of any representations made to it and of the reasons for it.

(14) Where a registered provider ceases to provide a prescribed early years service that provider shall inform the Agency in writing as soon as reasonably practicable of that cessation.]

F409[(15) Where the Agency proposes to make a decision under this section in respect of a registered provider, it shall, without prejudice to any other legal basis for the exercise of its powers under this section, have regard to—

(a) the issue of an improvement order or an immediate action order in respect of a prescribed early years service provided by the registered provider,

(b) any failure of the registered provider to comply with an order referred to in paragraph (a),

(c) the issue of a temporary prohibition order in respect of a prescribed early years service provided by the registered provider,

(d) the carrying on of activities by the registered provider in contravention of a temporary prohibition order,

(e) any failure of the registered provider to remedy the matters specified in a temporary prohibition order, and

(f) the grant of a closure order in respect of an early years service provided by the registered provider.]

58DA. F410[Publication of decisions under Part VIIA

58DA.—(1) The Agency shall make such arrangement as the Agency considers appropriate and necessary to bring any matter specified in subsection (2) to the attention of the public where to do so is in the interests of the health, safety and welfare of children attending early years services.

(2) The following matters are specified for the purposes of subsection (1):

(a) a decision under section 58D to remove the name of a registered provider from the register;

(b) a decision under section 58D to attach a condition, or amend or revoke a condition attached, to a registration;

(d) the grant of an improvement order in respect of a prescribed early years service;

(e) a decision to issue an immediate action notice in respect of a prescribed early years service;

(f) the grant of an immediate action order in respect of a prescribed early years service;

(g) a decision to issue a temporary prohibition order in respect of a prescribed early years service;

(h) the grant of a closure order in respect of an early years service.]

58E. F411[Notice to Health Service Executive

58E.—A person who, before the amendment of this Part by the Child and Family Agency Act 2013, gave notice to the Health Service Executive in the manner prescribed under section 51 of the Child Care Act 1991 shall be deemed for the purposes of this Part to be a registered provider for a period of 3 years from the date of commencement of this section.]

58F. F412[Appeals to District Court

58F.—(1) A registered provider or an applicant, may, within 21 days of the receipt of the notification of a decision under section 58D, appeal to the District Court against a decision of the Agency to—

(a) refuse to register the applicant under section 58D,

(b) remove the registered provider from the register, or

(2) The court may, if it so thinks proper, confirm the decision of the Agency under section 58D or direct the Agency, as may be appropriate, to register an applicant, to restore the registration of a registered provider, to attach or withdraw a condition or amend or revoke a condition, of the registration concerned.

F413[(2A) A registered provider may, within 7 days of the date on which a temporary prohibition order is served on him or her, appeal to the District Court against the decision to issue the order.

(2B) The bringing of an appeal under subsection (2A) against a temporary prohibition order which is to take effect in accordance with section 58JC(3)(a) shall not have the effect of suspending the operation of the order.

(2C) Without prejudice to subsection (2B), a person who brings an appeal under subsection (2A) against a temporary prohibition order may apply to the District Court to have the operation of the order suspended until the appeal is withdrawn or determined and, on such application, the court may, if it thinks proper to do so, direct that the operation of the order be suspended until the appeal is withdrawn or determined.

(2D) The court may, on an appeal under subsection (2A)—

(a) confirm the temporary prohibition order, with or without modification, or

(b) cancel the temporary prohibition order.]

(3) The jurisdiction conferred on the District Court by F414[this section and sections 58JA, 58JB and 58JD] shall be exercised by the judge of the District Court for the time being assigned to the district court district in which the premises in which the registered provider provides the prescribed early years service, or the premises in which it is proposed that an applicant shall provide a prescribed early years service, is situated.

(4) A decision of the District Court under this section on a question of fact shall be final.]

58G. F415[Duty of person providing early years service

58G.—It shall be the duty of every person providing an early years service to take all reasonable measures to safeguard the health, safety and welfare of children attending the service and to comply with regulations made by the Minister under this Part.]

58H. F416[Supervision of early years services

58H.—F417[(1)] The Agency shall cause to be visited from time to time each prescribed early years service in order to ensure that the person carrying on the service is complying with this Part.]

F417[(2) The Agency may cause to be visited the premises in which an applicant proposes to provide a prescribed early years service to ascertain if the premises comply with this Part.]

58I. F418[Authorised persons

58I.—(1) The Agency shall appoint such and so many persons as it thinks fit to be authorised persons for the purposes of this Part.

(2) Every authorised person shall be furnished with a warrant of his or her appointment as an authorised person, and, when exercising any power conferred on an authorised person under this Part, shall, if requested by any person affected, produce the warrant to that person.]

58J. F419[Inspection by authorised persons

58J.—(1) An authorised person may, at all reasonable times, enter any premises in which a registered provider is providing a prescribed early years service for the purpose of ensuring compliance with this Part.

F420[(1A) An authorised person may, at all reasonable times, enter any premises in which an applicant proposes to provide a prescribed early years service for the purpose of ascertaining if the premises comply with this Part.]

(2) A judge of the District Court may, if satisfied on information on oath that there are reasonable grounds for believing that a prescribed early years service is being provided in any premises (including a private dwelling) by a person who is not a registered provider, issue a warrant authorising an authorised person F421[to enter, at any time or times from the date of issue of the warrant, and] inspect the premises.

F422[(2A) The period of validity of a warrant under subsection (2) shall be 28 days from its date of issue, but that period of validity may be extended in accordance with subsections (2B) and (2C).

(2B) An authorised person may, during the period of validity of a warrant under subsection (2) (including such period as previously extended under subsection (2C)), apply to a judge of the District Court for an order extending the period of validity of the warrant and such an application shall be grounded on information on oath stating, by reference to the purpose for which the warrant was issued, the reasons why the authorised person considers the extension to be necessary.

(2C) If, on the making of an application under subsection (2B), the judge of the District Court is satisfied that there are reasonable grounds for believing, having regard to that information so laid, that further time is needed so that the purpose for which the warrant was issued can be fulfilled, the judge may make an order extending the period of validity of the warrant by such period as, in the opinion of the judge, is appropriate and just; and where such an order is made, the judge shall cause the warrant to be suitably endorsed to indicate its extended period of validity.

(2D) Nothing in subsections (2) to (2C) prevents a judge of the District Court from issuing, on the making of a further application under subsection (2), a further search warrant under this section in relation to the same premises.]

(3) An authorised person who enters any premises in accordance with subsection (1) or (2) may make such examination into the condition of the premises and the care and attention which the children are receiving in those premises as may be necessary for the purposes of this Part.

F420[(3A) An authorised person who enters any premises in accordance with subsection (1A) may make such examination into the condition of the premises as may be necessary for the purposes of this Part.]

F422[(3B) Without prejudice to subsections (3) and (3A), an authorised person who enters any premises in accordance with subsection (1), (1A) or (2), may—

(a) require any person at the premises to produce to him or her any documents or records that the authorised person may reasonably require for the purposes of ensuring compliance with this Part,

(b) examine any document or record produced to him or her under paragraph (a), and take copies of, or extracts from, such document or record or have the document or record made available in a form to facilitate its removal from the location at which the document or record is made available,

(c) take possession of any document or record produced to him or her under paragraph (a) that, in the opinion of the authorised person, is relevant to ensuring compliance with this Part, and, for those purposes, remove the document or record and retain such document or record in his or her possession for a reasonable period, and

(d) require any person on the premises to give to him or her any information relating to the provision of a prescribed early years service on the premises that the authorised person may reasonably require for the purpose of the performance of his or her functions or the functions of the Agency under this Act.]

(4) A warrant under subsection (2) may be issued by a judge of the District Court for the time being assigned to the district court district where the premises, in which the prescribed early years service is being provided, are situated.]

58JA. F423[Improvement notice and improvement order

58JA.—(1) Where an authorised person is of the opinion, following the exercise of any of his or her powers under section 58J relating to a premises in which a registered provider is providing a prescribed early years service, that there is an issue of significant concern that is of such a nature that if it persists it will, or is likely to, pose a risk of harm to a child attending the service, he or she may issue a notice (in this Part referred to as an “improvement notice”).

(2) An improvement notice shall—

(a) identify the issue of significant concern giving rise to the risk referred to in subsection (1),

(b) require that action be taken to address the issue referred to in paragraph (a) and, if appropriate, specify the nature or details of such remedial action, and

(c) specify a time limit by which the action referred to in paragraph (b) is to be completed or implemented by the registered provider.

(3) An improvement notice shall be served on the registered provider of the prescribed early years service to which it relates or the person in charge of the premises from which that service is provided and shall be effective immediately or, as appropriate, from a date specified in the notice.

(4) An improvement notice may be varied or withdrawn.

(5) Where an improvement notice has not been complied with or the authorised person has reasonable grounds to believe that it has not been complied with, the Agency may apply to the District Court for an improvement order.

(6) A judge of the District Court may, on application in that behalf by the Agency, where the judge is of the opinion that an improvement notice has not been complied with or that there are reasonable grounds for the authorised person’s belief that it has not been complied with, make an order (in this Part referred to as an “improvement order”) directing the registered provider to comply with the improvement notice.

(7) An improvement order shall specify—

(a) the action required to be taken by the registered provider,

(b) a time limit by which the action referred to in paragraph (a) is to be completed or implemented by the registered provider, and

58JB. F424[Immediate action notice and immediate action order

58JB.—(1) Where an authorised person is of the opinion, following the exercise of any of his or her powers under section 58J relating to a premises in which a registered provider is providing a prescribed early years service, that immediate action is required by the registered provider in order to address an issue that poses an immediate risk of harm to a child attending the service, he or she may issue a notice (in this Part referred to as an “immediate action notice”).

(2) An immediate action notice shall—

(a) identify the issue that poses an immediate risk of harm referred to in subsection (1),

(b) require that action be taken to address the issue referred to in paragraph (a) and, if appropriate, specify the nature or details of such remedial action, and

(c) specify a time limit by which the action referred to in paragraph (b) is to be completed or implemented by the registered provider.

(3) An immediate action notice shall be served on the registered provider of the prescribed early years service to which it relates or the person in charge of the premises from which that service is provided and shall be effective immediately or, as appropriate, from a date specified in the notice.

(4) An immediate action notice may be varied or withdrawn.

(5) Where an immediate action notice has not been complied with or the authorised person has reasonable grounds to believe that it has not been complied with, the Agency may apply to the District Court for an immediate action order.

(6) A judge of the District Court may, on application in that behalf by the Agency, where the judge is of the opinion that an immediate action notice has not been complied with or that there are reasonable grounds for the authorised person’s belief that it has not been complied with, make an order (in this Part referred to as an “immediate action order”) directing the registered provider to comply with the immediate action notice.

(7) An immediate action order shall specify—

(a) the action required to be taken by the registered provider,

(b) a time limit by which the action referred to in paragraph (a) is to be completed or implemented by the registered provider, and

58JC. F425[Temporary prohibition order

58JC.—(1) Where an authorised person is of the opinion that the continued provision of a prescribed early years service poses an immediate and grave risk to the health, safety or welfare of children attending the service, he or she may, subject to subsection (2), serve, or arrange to have served, on the registered provider or person in charge of the service a notice (in this Part referred to as a “temporary prohibition order”) stating that he or she is of that opinion and the temporary prohibition order shall—

(a) state that the authorised person is of the opinion that the provision of the service should be prohibited for a specified period not exceeding 6 weeks,

(b) specify the matters which in his or her opinion give rise to the said risk, and

(c) direct that the provision of the service be prohibited unless and until the matters specified under paragraph (b) have been remedied.

(2) Before serving a temporary prohibition order under subsection (1), an authorised person shall consult with the chief executive officer or such other employee of the Agency designated in that behalf by the chief executive officer.

(3) A temporary prohibition order shall take effect—

(a) where it so declares, immediately on and from the date that the order is received by the person on whom it is served, or

(b) in any other case—

(i) where no appeal is taken against the order, on the expiration of the period during which such an appeal may be taken or the day specified in the order as the day on which it is to come into effect, whichever is the later, or

(ii) in case such an appeal is taken, on the day next following the day on which the order is confirmed on appeal or the appeal is withdrawn or the day specified in the order as that on which it is to come into effect, whichever is the later.

(4) The chief executive officer or such other employee of the Agency designated in that behalf by the chief executive officer may vary or withdraw a temporary prohibition order.

(5) The Board of the Agency shall be notified at its next available meeting of the service under subsection (1) of a temporary prohibition order or any variation or withdrawal of such an order under subsection (4).

(6) Where an authorised person is of the opinion that the matters specified under subsection (1)(b) have not been remedied, the authorised person may extend the period during which the temporary prohibition order shall have effect by such further period as he or she considers necessary for the purpose for which the order was issued, provided that the total period during which an order to which this subsection applies shall have effect shall not exceed 12 weeks.

(7) Subsections (1) to (5) shall apply to a decision under subsection (6) to extend the period of temporary prohibition order as they apply to a decision to issue a temporary prohibition order and a reference in those subsections to such an order shall be construed as a reference to an order that is extended under subsection (6).

(8) In this section, “chief executive officer” means the person appointed under section 28 of the Child and Family Agency Act 2013 to be the chief executive officer of the Agency.]

58JD. F426[Closure order

58JD.—(1) The Agency may apply to the District Court for an order prohibiting the continuance of the provision of an early years service (in this Part referred to as a “closure order”) where—

(a) a temporary prohibition order has been served on the registered provider of the service and—

(i) activities are carried on in contravention of the order, or

(ii) the matters specified under paragraph (b) of section 58JC(1) have not been remedied before the expiry of the period during which the temporary prohibition order has effect,

(b) the Agency has reason to believe that a person (in this Part referred to as a “relevant person”) is providing a prescribed early years service and his or her name is not entered in the register as a provider of that service.

(2) An application for a closure order under subsection (1)(b) may be made ex parte.

(3) A closure order shall specify the ground for making it and such an order shall take effect—

(a) where the order so declares, upon receipt by the person on whom it is served, or

(b) in any other case—

(i) where no appeal is taken against the order, on the expiration of the period permitted under section 58JE(1) to appeal or the day specified in the order as the day on which it is to come into effect, whichever is the later, or

(ii) in case such an appeal is taken, on the day next following the day on which the order is confirmed on appeal or the appeal is withdrawn or the day specified in the order as the day on which it is to come into effect, whichever is the later.

(4) The District Court may, when granting a closure order, make such other order as it considers appropriate, including, on application by the Agency, an order directing a registered provider or relevant person, as the case may be, to provide the Agency with such particulars, including personal data, of parents and guardians of children attending the early years service in relation to which a closure order has been granted as are necessary and proportionate for the performance by the Agency of its functions under this Part.

(5) Where an application for a closure order under subsection (1)(b) is heard ex parte, the Agency shall notify the relevant person forthwith of the making of a closure order.

(6) Where a closure order has been made ex parte, the relevant person may apply, on notice to the Agency, to the District Court to have the order discharged.

(7) The District Court may, on application to it under subsection (6), discharge a closure order where the Court is satisfied that the discharge of the order is appropriate in the circumstances.]

58JE. F427[Appeal against closure order

58JE.—(1) A registered provider and a relevant person may, within 7 days of the date on which a closure order is served on him or her, appeal to the Circuit Court against the decision.

(2) The bringing of an appeal against a closure order shall not have the effect of suspending the operation of the closure order.

(3) On the hearing of the appeal, the Circuit Court may—

(a) confirm the closure order, with or without modification, or

(b) cancel the closure order.]

58K. F428[Offences under Part VIIA

58K.—(1) A person who—

(a) refuses to allow an authorised person to enter any premises in accordance with subsection (1) or (2) of section 58J or who obstructs or impedes an authorised person in the exercise of any of his powers under F429[subsection (3), (3A) or (3B)] of that section,

(b) contravenes a condition of registration under F430[section 58D,]

F431[(ba) fails to comply with an improvement order,

(bb) fails to comply with an immediate action order,

(bc) fails to comply with a temporary prohibition order,

(bd) fails to comply with a closure order, or]

shall be guilty of an offence and shall be liable on summary conviction to a Class A fine.

(2) Where a person is convicted of an offence under this Part the court may, either in addition to or in substitution for the imposition of a fine, by order declare that the person shall be prohibited for such period as may be specified in the order from carrying on an early years service.

(3) A person who contravenes an order made under subsection (2) shall be guilty of an offence and shall be liable on summary conviction to a Class A fine or to imprisonment for a term not exceeding 12 months or both.]

58L. F432[Exemptions from provisions of this Part

58L.—F433[(1)] For the avoidance of doubt it is hereby declared that the provisions of this Part shall not apply to—

(a) the care of one or more children undertaken by a relative of the child or children or the spouse of such relative,

(b) F434[…]

F435[(c) F434[…]]]

F433[(2) Notwithstanding paragraph (a) of subsection (1), an application under section 58D(2) to be registered in the register may be made by—

(a) a relative to whom that paragraph applies, other than a parent of the child, or

(b) the spouse of such relative, other than where the relative is a parent of the child.

(3) In this section, “parent” includes a person acting in loco parentis.]

58M. F436[Transitional provisions (Part VIIA)

58M.—(1) Notwithstanding the repeal of the relevant exemptions by section 22 of the Act of 2024, this Part shall, subject to subsection (2), continue to apply for the duration of the transitional period as if the relevant exemptions had not been repealed, to—

(a) a person who, immediately before that repeal, was taking care of children and was exempt from the provisions of this Part pursuant to the application of either of those exemptions and continues to be so exempt, and

(b) a person who commences taking care of children during the transitional period and who would have been exempt from the provisions of this Part prior to that repeal.

(2) Notwithstanding the exemption pursuant to subsection (1) for the duration of the transitional period from the provisions of this Part of a person referred to in paragraph (a) or (b) of that subsection, the person may, during the transitional period, make an application under section 58D(2) to be registered in the register.

(3) Where, immediately before the date of coming into operation of section 22 of the Act of 2024, the name of a person stands entered in the register as a registered provider of a section 58M childminding service, then on and from that date of coming into operation, the name of that person shall be deemed to be entered in the register as a registered provider of a childminding service.

(4) In this section—

“Act of 2024” means the Child Care (Amendment) Act 2024;

“section 58M childminding service” means a pre-school service or a school age service, which may include an overnight pre-school service or an overnight school age service, offered by a person who single handedly takes care of pre-school children or school age children, as the case may be, which may include the person’s own children, in the person’s home for a total of more than 2 hours per day, except where either of the relevant exemptions or paragraph (a) of section 58L apply;

“relevant exemptions” means paragraphs (b) and (c) of section 58L as if the amendments of that section by section 17 of the Act of 2024 had not been made;

“transitional period” means the period of 3 years commencing on the date of coming into operation of section 22 of the Act of 2024.]

PART VIII Children’s Residential Centres

59. Definitions for Part VIII

59.—In this Part—

“children’s residential centre” means any home or other institution for the residential care of children F437[in the care of F438[the Child and Family Agency]] or other children who are not receiving adequate care and protection excluding—

(a) an institution managed by or on behalf of a Minister of the Government or F438[the Child and Family Agency],

(b) an institution in which a majority of the children being maintained are being treated for acute illnesses,

(d) a mental institution within the meaning of the Mental Treatment Acts, 1945 to 1966,

(e) an institution which is a “certified school” within the meaning of Part IV of the Children Act, 1908, functions in relation to which stand vested in the Minister for Education;

“centre” means a children’s residential centre;

F440[“register” means a register of children’s residential centres that is established or deemed to have been established by the Child and Family Agency under section 61, and cognate words shall be construed accordingly;]

“registered proprietor”, in relation to a registered children’s residential centre, means the person whose name is entered in the register as the person carrying on the centre;

“the regulations” means the regulations under section 63.

60. Prohibition of unregistered children’s residential centres.

60.—(1) A person shall not carry on a children’s residential centre unless the centre is registered and the person is the registered proprietor thereof.

(2) A person shall not be in charge of a centre unless the centre is registered.

(3) Any person who contravenes a provision of this section shall be guilty of an offence.

61. Registration of children’s residential centres.

61.—F443[(1) The Child and Family Agency shall establish and maintain a register of children’s residential services.]

F443[(1A) For the purpose of subsection (1), each register of children’s residential centres established by the Health Service Executive before the establishment day of the Child and Family Agency shall be deemed to have been established by the Child and Family Agency and shall be maintained by the Agency.]

(2)
(a) There shall be entered in a register in respect of each centre registered therein the name of the person by whom it is carried on, the name of the person who is in charge of it, the address of the premises in which it is carried on, a statement of the number of children who can be accommodated in the centre, the date on which the registration is to take effect (referred to subsequently in this section as “the date of registration”) and such other (if any) particulars as may be prescribed.

(b) A register maintained under this section shall be made available for inspection free of charge by members of the public at all reasonable times.

(3)
(a) F444[The F445[Child and Family Agency]] may, on application to it in that behalf by a person who proposes to carry on a centre F446[…], register or refuse to register the centre.

(b) Subject to the provisions of this section, the period of a registration shall be 3 years from the date of registration.

F447[(c) An application for registration made to the Health Service Executive before the establishment of the Child and Family Agency shall be deemed to have been made to the Child and Family Agency if the Health Service Executive has not, before the establishment day of the Agency, registered or refused to register the centre in relation to which the application was made.]

(4) F448[The F445[Child and Family Agency]] may remove a centre from the register.

(5) F449[The F445[Child and Family Agency]] shall not—

(a) refuse to register a centre in relation to which an application for its registration has been duly made, or

(b) remove a centre from the register,

unless—

(i) it is of opinion that—

(I) the premises to which the application or, as the case may be, the registration relates do not comply with the regulations, or

(II) the carrying on of the centre will not be or is not in compliance with the regulations, or

(ii) the applicant or the registered proprietor, as the case may be, or the person in charge or, as the case may be, proposed to be in charge of the centre has been convicted of an offence under this Part or of any other offence that is such as to render the person unfit to carry on or, as the case may be, to be in charge of the centre, or

(iii) the applicant or the registered proprietor, as the case may be, has failed or refused to furnish the F445[Child and Family Agency] with information requested by it pursuant to subsection (8) or has furnished the F445[Child and Family Agency] with information that is false or misleading in a material particular, or

(iv) the registered proprietor has, not more than one year before the date from which the registration or removal from the register would take effect, contravened a condition under subsection (6).

(6)
(a) F450[The F445[Child and Family Agency]] may—

(i) at the time of registration or subsequently attach to the registration conditions in relation to the carrying on of the centre concerned and such other matters as it considers appropriate having regard to its functions under this Part,

(ii) attach different conditions to the registration of different centres, and

(iii) amend or revoke a condition of registration.

(b) Conditions imposed under this subsection or amendments and revocations under this subsection shall be notified in writing to the registered proprietor of the centre concerned.

F451[(6A) Conditions imposed, amended or revoked by a health board before the amendment of this subsection by the F452[Child and Family Agency Act 2013] shall be deemed to have been imposed, amended or revoked by the F452[Child and Family Agency].]

(7) An application for registration shall be in the prescribed form or in a form to the like effect.

(8)
(a) F453[The F445[Child and Family Agency]] may request an applicant for registration or, as the case may be, a registered proprietor to furnish it with such information as it considers necessary for the purposes of its functions under this Part.

(b) A person who, whether in pursuance of a request or otherwise, furnishes information to F454[the F445[Child and Family Agency]] for the purposes of this Part that is false or misleading in a material particular shall be guilty of an offence unless he shows that, at the time the information was furnished F454[to the F455[Agency]], he was not aware that it was false or misleading in a material particular.

(9) The registered proprietor of a centre who proposes to carry on the centre immediately after the expiration of the period of registration of the centre may apply under subsection (3) to the F445[Child and Family Agency] not less than 2 months before such expiration for the registration of the centre and, F456[if the F455[Agency]] does not notify him before such expiration that it proposes to refuse to register the centre, it shall register the centre and its date of registration shall be the day following the day of such expiration.

(10)
(a) Where a registered children’s residential centre commences to be carried on by a person other than the registered proprietor—

(i) the centre shall thereupon cease to be registered,

(ii) the person shall (if he has not done so before such commencement) apply not later than 4 weeks after it to F457[the F445[Child and Family Agency]] for the registration of the centre, and, if the application is granted, the date of registration of the centre shall be that of the day following the day of the cesser aforesaid,

(iii) if the application aforesaid is duly made, and is not refused then, during the period from the commencement aforesaid until the centre is registered, it shall be deemed, for the purposes of section 60 to be registered and there shall be deemed to be attached to the registration any conditions attached to the previous registration.

(b) A person who contravenes paragraph (a) (ii) shall be guilty of an offence.

(11)
(a) Where F458[the F445[Child and Family Agency]] proposes to refuse to register a children’s residential centre, to remove a centre from the register, to attach a condition to, or amend or revoke a condition attached to, a registration, it shall notify in writing the applicant or the registered proprietor, as the case may be, of its proposal and of the reasons for it.

(b) A person who has been notified of a proposal under paragraph (a) may, within 21 days of the receipt of the notification, make representations in writing to the F445[Child and Family Agency]F459[ and the F455[Agency]] shall—

(i) before deciding the matter, take into consideration any representations duly made to it under this paragraph in relation to the proposal, and

(ii) notify the person in writing of its decision and of the reasons for it.

(12) A notification of a proposal of F460[the F445[Child and Family Agency]] under subsection (11) shall include a statement that the person concerned may make representations to F460[the F445[Child and Family Agency]] within 21 days of the receipt by him of the notification and a notification of a decision of F460[the F445[Child and Family Agency]] under subsection (11) shall include a statement that the person concerned may appeal to the District Court under section 62 against the decision within 21 days from the receipt by him of the notification.

(13) Where, in relation to a children’s residential centre, there is a contravention of a condition of registration, the registered proprietor and the person in charge of the centre shall be guilty of an offence.

62. Appeals.

62.—(1) A person, being the registered proprietor or, as the case may be, the person intending to be the registered proprietor, of a children’s residential centre, may appeal to the District Court against a decision of F462[the F463[Child and Family Agency]] to refuse to register the centre, to remove the centre from the register or to attach a condition, or to amend or revoke a condition attached, to the registration of the centre and such an appeal shall be brought within 21 days of the receipt by the person of the notification of the decision under section 61 and that court may, as it thinks proper, confirm the decision or direct F462[the F463[Child and Family Agency]], as may be appropriate, to register, or to restore the registration of, the centre, to withdraw the condition or the amendment to or revocation of a condition, to attach a specified condition to the registration or to make a specified amendment to a condition of the registration.

(2) The jurisdiction conferred on the District Court by this section shall be exercised by the justice of the District Court for the time being assigned to the district court district in which the centre concerned is situated.

(3) A decision of the District Court under this section on a question of fact shall be final.

(4) Where a notification of a decision specified in subsection (1) (other than a decision to refuse to register a centre which was not registered or deemed to be registered at the time of the relevant application for registration) is given under section 61, then—

(a) during such period from such notification (not being less than 21 days) as the F463[Child and Family Agency] considers reasonable and specifies in the notification, the centre shall be treated as if the decision had not been made and, if the decision was to refuse an application under paragraph (a) of section 61 (10) for registration, be treated as if it had been registered and the registration had attached to it any conditions attached to the relevant registration that had ceased by virtue of subparagraph (i) of the said paragraph (a), and

(b) if an appeal against the decision is brought under this section, during—

(i) the period from the end of the period aforesaid until the determination or withdrawal of the appeal or any appeal therefrom or from any such appeal, and

(ii) such further period (if any) as the court concerned considers reasonable and specifies in its decision, the centre shall—

(I) be treated for the purposes of section 61 as if the appeal had been upheld, and

(II) if the appeal was against a decision of the F463[Child and Family Agency] to refuse an application under paragraph (a) of section 61 (10) for registration, be treated as if the registration had attached to it any conditions attached to the relevant registration that had ceased by virtue of subparagraph (i) of the said paragraph (a).

(5) The F463[Child and Family Agency] shall be given notice of an appeal under this section and shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.

63. Regulations in relation to children’s residential centres.

63.—(1) The Minister shall, for the purpose of ensuring proper standards in relation to children’s residential centres, including adequate and suitable accommodation, food and care for children while being maintained in centres, and the proper conduct of centres, make such regulations as he thinks appropriate in relation to centres.

(2) Without prejudice to the generality of subsection (1), regulations under this section may—

(a) prescribe requirements as to the maintenance, care and welfare of children while being maintained in centres,

(b) prescribe requirements as to the numbers, qualifications and availability of members of the staffs of centres,

(c) prescribe requirements as to the design, maintenance, repair, cleaning and cleanliness, ventilation, heating and lighting of centres,

(d) prescribe requirements as to the accommodation (including the amount of space in bedrooms, the washing facilities and the sanitary conveniences) provided in centres,

(e) prescribe requirements as to the food provided for children while being maintained in centres,

(f) prescribe requirements as to the records to be kept in centres and for the examination and copying of any such records or of extracts therefrom by F465[employees of the F466[Child and Family Agency]],

(g) provide for the inspection of premises in which centres are being carried on or are proposed to be carried on or that are reasonably believed by F467[the F466[Child and Family Agency]] to be premises in which a centre is being carried on and otherwise for the enforcement and execution of the regulations by F467[the F468[Agency] and its employees].

(3)
(a) Where, in relation to a centre, there is a failure or refusal to comply with a provision of the regulations, the registered proprietor and the person in charge of the centre shall be guilty of an offence.

(b) A person who fails or refuses to comply with a provision of the regulations shall be guilty of an offence.

(4)
(a) Where a person is convicted of an offence under this section, the Circuit Court may, on the application of the F466[Child and Family Agency], brought not more than six months after the conviction or, in the case of an appeal against the conviction, the final determination of it or of any further appeal (if it is a determination affirming the conviction) or the withdrawal of any such appeal therefrom, by order declare that the person shall be disqualified during such period as may be specified in the order from carrying on, being in charge, or concerned with the management, of the centre to which the conviction related or, at the discretion of that Court, any centre.

(b) A person in respect of whom an order is made under this subsection shall not during the period specified in the order carry on, be in charge, or concerned with the management, of the centre specified in the order or, if the order so specifies, of any centre.

(d) Notice of an application under this subsection shall be given to the person convicted of the offence concerned and he shall be entitled to appear, be heard and adduce evidence on the hearing of the application.

(e) The jurisdiction conferred on the Circuit Court by this subsection shall be exercised by the judge of the Circuit Court for the time being assigned to the circuit in which the premises concerned are situated.

(5) A person who wilfully obstructs or interferes with F469[the F466[Child and Family Agency] or any of its employees] in the performance of functions under the regulations or who fails or refuses to comply with a requirement of F469[the F466[Child and Family Agency] or any of its employees] under such regulations shall be guilty of an offence.

64. Offences under Part VIII.

64.—A person guilty of an offence under this Part shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months or to both.

65. Discontinuance of centre.

65.—(1) Where the registered proprietor of a children’s residential centre intends to cease to carry on the centre, he shall give six months’ notice in writing to the F472[Child and Family Agency] and at the expiration of six months from the date of the notice (unless before that time the notice is withdrawn or the period of registration has expired) the centre shall cease to be registered under this Part.

(2) F473[The F472[Child and Family Agency]] may, if it so thinks fit, accept a shorter period of notice for the purposes of subsection (1) and the provisions of that subsection shall apply with the necessary modifications.

F474[(3) A notice given to the Health Service Executive before the establishment day of the Child and Family Agency in accordance with subsection (1) shall be deemed to have been given to the Child and Family Agency.]

66. Superannuation of certain staff.

66.—F476[(1) An employee of a children’s residential centre to which this section applies shall, for the purposes of sections 23, 60(6) and 61 of the Health Act 2004, be deemed to be employed by the F477[Child and Family Agency].]

(2) In this section, “employee” means a person employed by a children’s residential centre who is the holder in a wholetime capacity of a position, the establishment, remuneration and conditions of service of which have been approved by the F477[Child and Family Agency], with the consent of the Minister.

(3) This section applies to a children’s residential centre which—

(a) is not directly operated or administered by F478[the F477[Child and Family Agency]],

(b) is funded by F478[the F477[Child and Family Agency]], and

67. Transitional provisions.

67.—(1) On the commencement of this Part, every institution which, immediately before such commencement, was an industrial school certified in accordance with Part IV of the Children Act, 1908, functions in relation to which stood vested in the Minister, shall cease to be so certified and shall be deemed to be registered under this Part as a children’s residential centre.

(2) On the commencement of this Part, every school which, immediately before such commencement, was a school approved (or deemed to be approved) for the purposes of section 55 of the Health Act, 1953 shall be deemed to be registered under this Part as a children’s residential centre.

PART IX Administration

68. Regulations.

68.—(1) The Minister may make regulations—

(a) for any purpose in relation to which regulations are provided for by any of the provisions of this Act, and

(b) for prescribing any matter or thing referred to in this Act as prescribed or to be prescribed.

(2) Every order and regulation made under any provision of an enactment repealed by this Act and in force immediately before such repeal shall continue in force under the corresponding provision, if any, of this Act, subject to such adaptations and modifications as the Minister may by regulations make to enable any such order or regulation to have effect in conformity with this Act.

(3) Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

69. Powers of the Minister.

69.—(1) The Minister may give general directions to F479[the F480[Child and Family Agency]] in relation to the performance of the functions assigned to it by or under this Act and F479[the F481[Agency]] shall comply with any such direction.

(2) The Minister may cause to be inspected any service provided or premises F482[maintained by the F480[Child and Family Agency], or by a person who is taking care of a child on behalf of the F480[Child and Family Agency], under this Act, or by a person referred to in section 23B(4) (inserted by section 10 of the Child Care (Amendment) Act 2011)].

(3) An inspection under this section shall be conducted by a person authorised in that behalf by the Minister (in this section referred to as an authorised person).

(4) An authorised person conducting an inspection under this section may—

(a) enter any premises F483[maintained by the F480[Child and Family Agency], or by a person who is taking care of a child on behalf of the F480[Child and Family Agency], under this Act, or by a person referred to in section 23B(4) (inserted by section 10 of the Child Care (Amendment) Act 2011)] and make such examination into the state and management of the premises and the treatment of children therein as he thinks fit, and

(b) examine such records and interview F484[employees of the F480[Child and Family Agency] or of a person referred to in paragraph (a)] as he thinks fit.

(5) The Minister may direct F479[the F480[Child and Family Agency]] to supply him with such reports and statistics in relation to the performance of the functions assigned to it by or under this Act as he may require and F479[the F480[Child and Family Agency]] shall comply with any such direction.

70. Charges for certain services.

70.—(1) In making available a service under section 3, 4 or 56, the F485[Child and Family Agency] shall from time to time determine in each case whether such service shall be provided without charge or at such charge as it considers appropriate.

(2) In making a determination in accordance with subsection (1) F486[the F485[Child and Family Agency]] shall comply with any general directions given by the Minister with the consent of the Minister for Finance.

(3) For the purposes of determining what charge, if any, should be made on any person for a service, F486[the F485[Child and Family Agency]] may require that person to make a declaration in such form as it considers appropriate in relation to his means and may take such steps as it thinks fit to verify the declaration.

(4) Where a person is recorded by F486[the F485[Child and Family Agency]] as entitled, because of specified circumstances, to a service without charge, he shall notify F486[the F487[Agency]] of any relevant change in those circumstances.

(5) Any charge which may be made by F486[the F485[Child and Family Agency]] under this Act may, in default of payment, be recovered as a simple contract debt in any court of competent jurisdiction from the person on whom the charge is made or, where the person has died, from his legal personal representative.

71. Prosecution of offences.

71.—(1) Summary proceedings for an offence under this Act may be brought and prosecuted by the F488[Child and Family Agency] or by any other person.

(2) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under this Act may be instituted within 12 months from the date of the offence.

(3) Where an offence under this Act is committed by a body corporate or by a person purporting to act on behalf of a body corporate or an unincorporated body of persons and is proved to have been committed with the consent or approval of, or to have been attributable to any neglect on the part of, any person who, when the offence was committed, was director, member of the committee of management or other controlling authority of the body concerned, or the manager, secretary or other officer of the body, that person shall also be deemed to have committed the offence and may be proceeded against and punished accordingly.

72. Functions of chief executive officer.

72.—F489[…]

73. Expenses.

73.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART X Miscellaneous and Supplementary

74. Sale etc. of solvents.

74.—(1) It shall be an offence for a person to sell, offer or make available a substance to a person under the age of eighteen years or to a person acting on behalf of that person if he knows or has reasonable cause to believe that the substance is, or its fumes are, likely to be inhaled by the person under the age of eighteen years for the purpose of causing intoxication.

(2) In proceedings against any person for an offence under subsection (1), it shall be a defence for him to prove that at the time he sold, offered or made available the substance he was under the age of eighteen years and was acting otherwise than in the course of or furtherance of a business.

(3) In proceedings against any person for an offence under subsection (1) it shall be a defence for him to prove that he took reasonable steps to assure himself that the person to whom the substance was sold, offered or made available, or any person on whose behalf that person was acting, was not under the age of eighteen years.

(4) A person who is guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months or to both.

(5) Subject to subsection (6), a court by which a person is convicted of an offence under this section may order anything shown to the satisfaction of the court to relate to the offence to be forfeited and either destroyed or dealt with in such other manner as the court thinks fit.

(6) A court shall not order anything to be forfeited under this section unless an opportunity is given to any person appearing to the court to be the owner of or otherwise interested in it to show cause why the order should not be made.

(7) A member of the Garda Síochána may seize any substance which is in the possession of a child in any public place and which the member has reasonable cause to believe is being inhaled by that child in a manner likely to cause him to be intoxicated. Any substance so seized may be destroyed or otherwise disposed of in such a manner as a member of the Garda Síochána not below the rank of Superintendent may direct.

(8) This section is without prejudice to the provisions of the Misuse of Drugs Acts, 1977 and 1984.

75. Amendment of section 17 of the School Attendance Act, 1926.

75.—Section 17 of the School Attendance Act, 1926 (which deals with the failure of a parent to comply with the Act) is hereby amended by the substitution for paragraph (b) of subsection (4) of the following:—

“(b) having heard the health board for the area in which he is resident, make a care order committing him to the care of that board and in such case the provisions of Part IV of the Child Care Act, 1991 shall apply as if the order were an order made thereunder.”.

76. Amendment of section 15 of the Guardianship of Infants Act, 1964.

76.—Section 15 of the Guardianship of Infants Act, 1964 (which gives power to the court to order repayment of costs of bringing up an infant) is hereby amended by the insertion in paragraph (b) after the words “assistance has been provided for the infant by a health authority under section 55 of the Health Act, 1953,” of the words “or that at any time the infant has been maintained in the care of a health board under section 4 of the Child Care Act, 1991”.

77. Amendment of section 16 of the Guardianship of Infants Act, 1964.

77.—Section 16 of the Guardianship of Infants Act, 1964 (which requires the court in making an order for the delivery of an infant to its parent to have regard to the conduct of the parent) is hereby amended by the insertion in paragraph (b) after the words “or to be provided with assistance by a health authority under section 55 of the Health Act, 1953” of the words “or to be maintained in the care of a health board under section 4 of the Child Care Act, 1991”.

78. Maintenance — saver in relation to members of Defence Forces.

78.—(1) Section 98 of the Defence Act, 1954 (which provides for deductions from pay of members of the Permanent Defence Force and reservists called out on permanent service in respect of court orders under sections 75, 82 or 99 of the Children Act, 1908) shall apply in like manner to an order made under section 18.

(2) Section 107 of the Defence Act, 1954 (which provides that court orders made under the aforementioned sections against a member of the Permanent Defence Force or a reservist during any period when he is called out on permanent service shall not be enforceable by imprisonment) shall apply in like manner in the case of an order made under section 18.

79. Repeals.

79.—The enactments specified in the Schedule are hereby repealed to the extent specified in the third column.

SCHEDULE Enactments Repealed

Section 79.


Session and Chapter or Number and Year	Short Title	Extent of Repeal
4 Edw. 7, c.15.	Prevention of Cruelty to Children Act, 1904	The whole Act.
8 Edw. 7, c.67.	Children Act, 1908.	Part 1,
		Sections 13 and 15,
		Sections 20 to 26,
		Sections 34, 36 and 38 (1),
		Section 58 (1), (5), (6), (7) and (8),
		Section 59,
		Section 74 (11),
		Sections 118, 119, 122 and 126.
3 & 4 Geo. 5, c.7.	Children (Employment Abroad) Act, 1913.	The whole Act.
No. 15 of 1934.	Children Act, 1934.	The whole Act.
No. 12 of 1941.	Children Act, 1941.	Section 10 (1).
No. 25 of 1952.	Adoption Act, 1952.	Section 31 (2).
No. 26 of 1953.	Health Act, 1953.	Sections 55, 56, 57 and 65 (2).
No. 28 of 1957.	Children (Amendment) Act, 1957.	Sections 2, 3 and 10.
No. 2 of 1964.	Adoption Act, 1964.	Section 10.

Footnotes

O.J. No. L. 119, 4.5.2016, p. 1

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