Youth Work Act 1997

1 Interpretation.

1.—(1) In this Act, except where the context otherwise requires—

“Advisory Committee” means the body appointed under section 10;

“designated local voluntary youth work organisation” has the meaning assigned to it by section 23;

“Development Plan” has the meaning assigned to it by section 6;

“education board” means any board for an area within the State (in this Act referred to as an “education region”) established by or under statute, whether before or after the passing of this Act, concerning any matter relating to education and in respect of which an order under section 24 has been made;

“financial year” has the meaning assigned to it by section 12 (8);

“functions” includes powers and duties and a reference to the performance of functions includes, as respects powers and duties, a reference to the exercise of powers and the carrying out of duties;

“the Minister” means the Minister for Education;

“prescribed” means prescribed by regulations made by the Minister under section 22 and cognate words shall be construed accordingly;

“prescribed national voluntary youth work organisation” has the meaning assigned to it by section 22 (2) (b);

“Voluntary Youth Council” means a body appointed by the Minister under section 14;

“voluntary youth work organisation” means an organisation which provides a youth work programme or a youth work service or both on a basis that is otherwise than for profit;

“young persons” means persons who have not attained the age of 25 years;

“youth work” has the meaning assigned to it by section 2;

“Youth Work Budget” has the meaning assigned to it by section 12;

“youth work committee” means a youth work committee appointed under section 17;

“youth work programme” means a structured programme of youth work;

“youth work service” means a service which, directly or indirectly, assists in the provision of youth work.

(2) In this Act a reference to a section or a Schedule is a reference to a section of, or a Schedule to, this Act unless it is indicated that reference to some other enactment is intended.

(3) In this Act a reference to a subsection or a paragraph is a reference to the subsection or paragraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.

2 Youth work.

2.—In this Act “youth work” means a programme of activity that is designed for the purpose of providing developmental and educational training so as to assist the personal and social development of young persons which—

(a) requires the voluntary participation of young persons, and

(b) is complementary to academic or vocational training,

and cognate words shall be construed accordingly.

3 Functions of Minister.

3.—(1) The Minister, in so far as it is practicable, shall—

(a) ensure the development and co-ordination of policies relating to youth work programmes and youth work services,

(b) co-ordinate youth work programmes and youth work services with education programmes and other programmes that provide services for young persons,

(c) provide, from within the financial resources available to the Minister, moneys in each financial year to assist in the provision of youth work programmes and youth work services,

(d) conduct research or cause research to be conducted in respect of youth work, including youth work programmes and youth work services in one or more education regions,

(e) monitor, at least once in each financial year, a youth work programme or a youth work service that is in receipt of moneys under this Act, including a youth work programme or a youth work service provided by a voluntary youth work organisation that is in receipt of moneys under section 4(1)(a),

(f) carry out an assessment, at least once in every 3 years, on a youth work programme or a youth work service provided by an organisation specified in paragraph (b) or (c) of subsection (1) of section 19 and is in receipt of moneys under that section,

(g) carry out an assessment, at least once in every 3 years, on a youth work programme or a youth work service that is in receipt of moneys under section 4(1)(a),

(h) carry out an assessment, at least once in every 3 years, on a youth work programme or a youth work service that is provided in accordance with section 4(2), and

(i) establish a National Youth Work Advisory Committee.

(2) Without prejudice to the generality of paragraphs (a), (b) and (d) of subsection (1), the Minister, in performing such functions, shall have regard to—

(a) the treatment of male and female young persons in relation to access to youth work, and

(b) the number of male and female young persons who are likely to participate in such youth work programmes and youth work services.

(3) Without prejudice to the generality of paragraph (c) of subsection (1), the Minister shall endeavour to ensure that particular regard is had to the youth work requirements of persons who are aged between 10 and 21 years and are socially or economically disadvantaged.

(4) Without prejudice to the generality of paragraphs (e), (f), (g) and (h) of subsection (1), in such monitoring and assessment of a youth work programme or a youth work service, the Minister shall have regard to an evaluation of the expenditure incurred in the provision of such youth work programme or youth work service.

(5) The Minister may, following an assessment under paragraph (f) of subsection (1), make recommendations to the organisation providing the youth work programme or youth work service so assessed in relation to the manner in which such youth work programme or youth work service is provided and that organisation shall comply with such recommendations.

(6) The Minister may, following an assessment under paragraph (g) of subsection (1), make recommendations to the organisation providing the youth work programme or the youth work service so assessed in relation to the manner in which such youth work programme or youth work service is provided and that organisation shall comply with such recommendations.

(7) The Minister may, following an assessment under paragraph (h) of subsection (1), make recommendations to the education board concerned in relation to the manner in which such youth work programme or youth work service is provided and the education board concerned shall comply with such recommendations.

4 Youth work functions of education board.

4.—(1) In addition to the functions conferred on it by or under any Act establishing an education board, such education board shall, in so far as it is practicable and within the financial resources available to it—

(a) ensure the provision, within the education region concerned, of youth work programmes or youth work services or both by—

(i) co-ordinating with prescribed national voluntary youth work organisations and designated local voluntary youth work organisations within the education region concerned so as to ensure the provision of youth work programmes and youth work services by such organisations, and

(ii) providing assistance, including financial assistance, to a prescribed national voluntary youth work organisation or a designated local voluntary youth work organisation or both, and the provision of such financial assistance shall be subject to any terms and conditions as the education board may determine,

(b) ensure that in the provision of youth work programmes or youth work services or both under paragraph (a) particular regard is had to the youth work requirements of persons who are aged between 10 and 21 years and are socially or economically disadvantaged, and

(c) monitor and assess, without prejudice to paragraphs (e) and (g) of subsection (1) of section 3, the youth work programmes or youth work services or both that are in receipt of moneys under this section and in particular shall have regard to an evaluation of the expenditure incurred in the provision of such youth work programmes or youth work services.

(2) An education board may provide a youth work programme or a youth work service in respect of which a resolution under subsection (8) in favour of such provision has been passed by the education board.

(3) Without prejudice to the generality of subsection (l)(a)(i), an education board, in so co-ordinating, shall have regard to—

(a) the treatment of both male and female young persons in relation to access to youth work, and

(b) the number of male and female young persons who are likely to participate in such youth work programmes and youth work services.

(4) Where an organisation in receipt of financial assistance under this section does not comply with—

(a) a term or condition attached under subsection (l)(a)(ii) to such financial assistance, or

(b) a recommendation under subsection (6) of section 3,

the education board concerned may, subject to subsections (5) and (6), withdraw or reduce the amount of such financial assistance.

(5) Where an education board proposes to withdraw or reduce the amount of financial assistance provided under this section it shall inform the organisation concerned by notice in writing that—

(a) a withdrawal or reduction is being considered, and

(b) the reasons for the proposed withdrawal or reduction,

and the organisation concerned may, within the next 14 days beginning on the date when such notice is given, or such longer period as the education board may determine, make representations in writing to the education board.

(6) Where an education board, having considered the representations made under subsection (5), decides, by a resolution of such education board, to withdraw or reduce the amount of such financial assistance the education board shall inform the organisation concerned by notice in writing of such withdrawal or reduction and the reasons therefor.

(7) Where an education board considers that a youth work programme or a youth work service is required to be provided within the education region concerned but such youth work programme or youth work service is not so provided by a prescribed national voluntary youth work organisation or a designated local voluntary youth work organisation, the education board shall—

(a) publish a notice, in not less than 2 newspapers circulating within the education region concerned, inviting prescribed national voluntary youth work organisations and designated local voluntary youth work organisations to submit a proposal for the provision of that youth work programme or youth work service specifying—

(i) an estimate of the financial expenditure required for such provision,

(ii) an estimate of the period, where applicable, for which the youth work programme or youth work service is to be provided,

(iii) an estimate of the financial assistance required for the purpose of such provision, and

(iv) any other information as may be required by the education board concerning the provision of the youth work programme or youth work service,

(b) consult with the youth work committee for the education region concerned in relation to the proposals submitted in accordance with paragraph (a), and

(c) prepare a report regarding the suitability of the proposals submitted in accordance with paragraph (a).

(8) Where the education board specifies in a report prepared under paragraph (c) of subsection (7) that the proposals submitted under that subsection are not suitable for the purposes of providing the youth work programme or youth work service concerned, the education board may provide that youth work programme or youth work service if a resolution in favour of such provision is passed by the education board.

(9) An education board that provides a youth work programme or youth work service in accordance with subsections (7) and (8)—

(a) shall not continue to provide that youth work programme or youth work service for a period in excess of 3 years from the date of commencement of such provision unless it is satisfied that a prescribed national voluntary youth work organisation or a designated local voluntary youth work organisation cannot make suitable provision for the youth work programme or youth work service concerned, and

(b) shall, before the end of the second year of such provision, apply the procedure set out in paragraphs (a) to (c) of subsection (7) and in subsection (8) for the purposes of ascertaining whether suitable provision, as referred to in paragraph (a), can be made for that youth work programme or youth work service.

5 Removal of youth work functions of education board.

5.—(1) Where an education board, in the opinion of the Minister, has failed to perform or is failing to perform its functions under this Act in an effective manner the Minister may, by order, remove any such function from the education board concerned as the Minister may specify in the order and transfer such function to the Director or to such other person as the Minister may specify in the order for such period as the Minister shall, at the making of such order, determine, but in no case shall such function be removed from an education board for a continuous period exceeding 2 years.

(2) Where the Minister proposes to make an order under this section the Minister shall inform the Director and the education board, by notice in writing, that he or she is considering making an order and the reasons therefor and the Director or the education board or both may, within the period of the next 14 days beginning on the date on which the notice is given or such longer period as the Minister may determine, make representations in writing to the Minister.

(3) If, after considering any representations made under subsection (2), the Minister is of the opinion that an order pursuant to subsection (1) should be made, the Minister shall so make the order and shall, by notice in writing, inform the Director and the education board of the making thereof and the reasons therefor.

(4) Where a function of an education board under this Act stands transferred under this section, the education board shall not perform, or supervise, direct or control the exercise of the function but shall be kept informed of matters arising from the exercise of that function by the person to whom that function stands transferred.

(5) The Minister may by order amend or revoke an order under this section.

(6) In this section “Director” means a chief executive officer of an education board.

6 Youth Work Development Plan.

6.—(1) An education board shall, at such times and in respect of every period to which subsection (2) relates, prepare a Youth Work Development Plan (in this Act referred to as a “Development Plan”).

(2) A Development Plan shall be prepared in respect of the period beginning on the commencement of this section and ending on the last day of the third next financial year and thereafter a Development Plan shall be prepared in respect of each subsequent 3 year period.

(3) A Development Plan prepared in accordance with this section shall be submitted to the Minister for approval as soon as may be after such preparation.

(4) In preparing a Development Plan an education board shall—

(a) specify the youth work requirements of the education region concerned, having particular regard to the youth work requirements of persons who are aged between 10 and 21 years and are socially or economically disadvantaged,

(b) specify the measures required to meet such youth work requirements, having particular regard to the youth work requirements of persons who are aged between 10 and 21 years and are socially or economically disadvantaged,

(c) provide estimates of the financial expenditure required for the implementation of the measures specified under paragraph (b),

(d) provide estimates of the income and financial resources of such education board for the purposes of this Act, including the sources of such resources, for each financial year of the period of the Development Plan,

(e) comply with any directions issued by the Minister from time to time, including directions requiring consultation by the education board with specified persons or bodies, and

(f) consult with the youth work committee.

(5) A Development Plan shall be deemed to be adopted when it has been approved in writing by the Minister.

(6) The Minister may amend a Development Plan that has been submitted for approval under this section and the education board shall comply with any such amendment.

(7) Without prejudice to the generality of paragraph (b) of subsection (4), when specifying the measures concerned an education board shall have regard to—

(a) the treatment of both male and female young persons in relation to access to youth work, and

(b) the numbers of male and female young persons who are likely to participate in such youth work programmes and youth work services.

(8) An education board shall make a copy of a Development Plan approved by the Minister under this section available for inspection by members of the public during business hours at its principal place of business.

7 Review of Development Plan.

7.—(1) In each financial year an education board shall, in respect of the preceding financial year—

(a) cause an examination to be made of—

(i) the implementation of a Development Plan that has been adopted under section 6,

(ii) the effect of the youth work programmes and youth work services provided within the education region concerned,

(iii) the efficiency of the youth work programmes and youth work services provided within the education region concerned,

(iv) the treatment of male and female young persons in relation to access to youth work, and

(v) the numbers of male and female young persons who participated in the youth work programmes and youth work services provided within the education region concerned, and

(b) cause an evaluation to be made of the youth work programmes and youth work services provided within the education region concerned in relation to the matters specified in the Development Plan,

and shall set out the comments in respect of each of the matters specified in paragraphs (a) and (b) in a Youth Work Report (in this section referred to as the “Annual Report”) and submit such Annual Report to the Minister.