CHILDREN ACT, 2001

138.—Every community sanction, other than an order under section 3 of the Act of 1983, shall, unless it sooner expires or the context otherwise requires, expire 6 months after the child in respect of whom the order was made attains the age of 18 years.

139. Commission of offence while community sanction in force.

139.—Where the court finds a child guilty of an offence, and the child is at that time subject to an order imposing a community sanction, the court may, in addition to or instead of any other powers available to it and subject to the provisions of this Part—

• (a) revoke the order and make such other order imposing a community sanction on the child as the court thinks fit, or

• (b) in addition to the order to which the child is already subject, make such other order as is mentioned in paragraph (a).

140. Effect of subsequent period of detention.

140.—An order which imposes a community sanction on a child for an offence and which is in force shall cease to be in force on the child commencing a period of detention for another offence.

141. Regulations.

141.—(1) The following matters may be prescribed:

• (a) measures to prevent any risk to the health or welfare of any child on whom a community sanction has been imposed,

• (b) procedures to be followed by a probation and welfare officer or any other person involved in supervising any such child,

• (c) records to be kept in relation to any such child,

• (d) such other matters (if any) as may be necessary or expedient for the purpose of enabling community sanctions to have full effect and for their due administration.

• (2) The following matters may also be prescribed:

• (a) the conditions under which children may be placed with suitable persons and under which mentors (within the meaning of section 131) may be assigned to support children and their families;

• (b) the form of contract to be entered into by the F124[Director of the Probation and Welfare Service] with suitable persons and mentors;

• (c) the supervision by a probation and welfare officer of—

• (i) children placed with suitable persons and visits by the children to, and other contacts with, their parents or guardians and other members of their families and relatives,

• (ii) children to whom mentors have been assigned under section 131;

and

• (d) such other matters in relation to—

• (i) placing children in the care of suitable persons by the court under section 129,

• (ii) regulating the powers, duties and functions of suitable persons and mentors under sections 129 and 131 respectively, and

• (iii) securing generally the welfare of such children and their future good behaviour,

as may be necessary for the purposes of enabling sections 129 to 132 to have full effect.

Detention

142. Detention orders.

142.—A court may, in accordance with this Part, by order (in this Part referred to as a “children detention order”) impose on a child a period of detention in a children detention school F125[…] specified in the order.

143. Restriction on detention orders.

143.—(1) The court shall not make an order imposing a period of detention on a child unless it is satisfied that detention is the only suitable way of dealing with the child and F126[…] that a place in a children detention school is available for him or her.

• (2) Where an order is made under subsection (1), the court making the order shall give its reasons for doing so in open court.

144. Deferment of detention order.

144.—(1) Without prejudice to section 145, where a court—

• (a) has considered a probation officer’s report or any other report made pursuant to this Part,

• (b) has heard the evidence of any person whose attendance it may have requested, including any person who made such a report,

• (c) has given the parent or guardian of the child concerned (or, if the child is married, his or her spouse), if present in court for the proceedings, or, if not so present, an adult relative of the child or other adult accompanying the child, an opportunity to give evidence, and

• (d) is of opinion that the appropriate way of dealing with the child would be to make a children detention order,

it may defer making the order, in accordance with the provisions of this section, if a place is not available for the child in a children detention school or for any other sufficient reason.

• (2) The court shall defer the making of a children detention order only if the court is satisfied that, having regard to the nature of the offence and the age, level of understanding, character and circumstances of the child concerned, it would be in the interests of justice to defer the making of the order.

• (3) Where the making of a children detention order is deferred, the court shall adjourn the hearing and order that the child concerned be placed under the supervision of a probation and welfare officer.

• (4) In case the making of the order has been deferred because a place for the child is not available in a children detention school, the court shall order that the Director of that school shall apply to the court to make the children detention order when such a place becomes available.

• (5) In any other case, the court shall state in open court—

• (a) the period of detention that is being deferred,

• (b) the date of the resumed court hearing, and

• (c) that the court will take into account at that hearing the information in the probation and welfare officer’s report concerning the child’s conduct in the meantime and the other matters mentioned in subsection (7)(b).

• (6) The court shall also explain to the child in open court in language appropriate to the level of understanding of the child—

• (a) why the making of the children detention order is being deferred and for what period,

• (b) any of the conditions referred to in section 117 which the court suggests should be complied with by the child during that period,

• (c) the expectation of the court that the child will be of good conduct during that period and the possible consequences for the child of his or her failure to comply with any such conditions, and

• (d) the expectation of the court that the child’s parents or guardian, where appropriate, will help and encourage the child to comply with any such conditions and not commit further offences.

• (7)
• (a) The probation and welfare officer under whose supervision the child has been placed shall prepare a report on the child for consideration by the court at the resumed hearing.

• (b) The report shall contain information on the child’s conduct after the finding of guilt, including the extent to which the child has complied with any conditions suggested by the court, on any change in the child’s circumstances and on any reparation by the child to the victim, together with any other information which the officer considers to be relevant.

• (c) The officer shall make all reasonable endeavours to ensure that the report is lodged with the clerk or other proper officer of the court at least 4 working days before the date of the resumed hearing.

• (8) The resumed court hearing shall take place not later than one year from the date of the adjourned hearing and may take place notwithstanding that the child has attained the age of 18 years in the meantime.

• (9) At the resumed hearing the court shall consider the report prepared by the probation and welfare officer and, if the court thinks it necessary, hear evidence from the officer and shall by order—

• (a) impose the period of detention which it had deferred or any shorter period,

• (b) suspend the whole or any portion of a period of detention so imposed, or

• (c) impose a community sanction appropriate to the age of the child concerned,

and shall explain to the child in open court the reasons for its decision in language that the child understands.

• (10) Where—

• (a) the Director of a children detention school applies to the court pursuant to an order under subsection (4), and

• (b) the court proposes to make a children detention order,

it may issue a summons requiring the child to appear before it and, if the child does not appear in answer to the summons, may issue a warrant for his or her arrest.

• (11) Where the making of a children detention order has been deferred under this section it may not be further so deferred.

145. Alternative to detention where no place available in children detention school.

145.—Where—

• (a) a court would impose a period of detention on a child F128[…] if a place were available for the child in a children detention school,

• (b) such a place is not available, and

• (c) the court is satisfied that it would not be appropriate in the particular case to defer making a children detention order,

it may make, instead of a children detention order, an order imposing on the child the community sanction it considers most appropriate for the child.

146. Finding of guilt during deferment.

146.—A court which has deferred the making of a children detention order in relation to a child pursuant to section 144—

• (a) may make the order before the expiration of the period of deferment if during that period the child is found guilty of any offence, and

• (b) where it proposes to make such an order, whether on the date originally specified by the court or by virtue of paragraph (a) before that date, may issue a summons requiring the child to appear before it and, if the child does not do so, may issue a warrant for his or her arrest.

147. Detention in accordance with age of child.

147.—

148. Document to be produced to Director of children detention school.

148.—Where a child is ordered to be detained in a children detention school, a certified copy of the order shall be delivered with the child to the Director of the children detention school specified in the order and shall be sufficient authority for the detention of the child in the school for that period.

149. F130[Period of detention in children detention school.

149.— Where a child is found guilty of an offence in the Children Court, any term of detention in a children detention school imposed for the offence shall not be for a period longer than the term of detention or imprisonment which the court could impose on an adult who commits such an offence.]

150. Places of detention.

150.—

151. Detention and supervision.

151.—(1) Where a court is satisfied that detention is the only suitable way of dealing with a child F133[…], it may, instead of making a children detention order, make a detention and supervision order.

• (2) A detention and supervision order shall provide for detention in a F134[children detention school] followed by supervision in the community.

• (3) Subject to subsection (4), half of the period for which a detention and supervision order is in force shall be spent by the child in detention in a F134[children detention school] and half under supervision in the community.

• (4) Where the child is released from detention on earning remission of sentence by industry or good conduct or on being given temporary release under section 2 F135[or 3, or conditional release under section 2A,] of the Act of 1960, supervision of the child in the community under the order shall be deemed to commence on the child’s release.

• (5) The supervision provided for in this section shall be by a probation and welfare officer.

• (6) A detention and supervision order, in so far as it relates to detention, shall be deemed for all purposes to be a children detention order.

• (7) A detention and supervision order may specify such of the conditions provided for in section 117 as the court considers necessary for helping to ensure that the child concerned would be of good behaviour and for reducing the likelihood of the child’s committing any further offences.

• (8) Section 130 shall apply, with any necessary modifications, to non-compliance with a detention and supervision order, or with any condition to which it is subject, as if for the references to an order in that section there were substituted references to a detention and supervision order.

152. Transfer.

152.—

153. Rules governing places of detention.

153.—

154. Amendment of Criminal Justice (Community Service) Act, 1983.

154.—Section 2 of the Act of 1983 is hereby amended by the insertion of the following after “Saint Patrick’s Institution”—

“F140[…] or in a children detention school”.

155. F141[Persons who attain 18 years of age while detained

155. (1) Where—

• (a) a person is detained in a children detention school on foot of a children detention order following conviction for an offence, and

• (b) the person’s 18th birthday (which in this section shall be known as the ‘relevant date’) will occur before the period of detention specified in the order expires,

that person shall serve any period of detention remaining to be served on the relevant date in a place that shall be determined in accordance with this section.

• (2) The Director shall, before the relevant date, request the Minister for Children and Youth Affairs to authorise, under subsection (3), the transfer of a person referred to in subsection (1) on the relevant date or not later than 7 days from that date.

• (3) On receiving a request under subsection (2), the Minister for Children and Youth Affairs shall, before the relevant date and after consultation with the Minister, authorise the transfer of the person to such—

• (a) place of detention provided under section 2 of the Act of 1970, or

• (b) prison,

as the Minister for Children and Youth Affairs, having consulted with the Minister, considers appropriate, to serve the period of detention that remains to be served by that person on the date that he or she is transferred.

• (4) On receiving an authorisation under subsection (3), the Director shall transfer the person to the place of detention or prison concerned on the relevant date or not later than 7 days from that date.

• (5) Notwithstanding subsections (2), (3) and (4), if—

• (a) a person is engaged in a course of education or training in the children detention school, or

• (b) the period of detention remaining to be served by a person in the children detention school on the relevant date is 6 months or less,

the Director may, instead of making a request under subsection (2), determine that the person shall continue to be detained in the children detention school for a period not exceeding 6 months from the relevant date.

• (6) Where a Director has made a determination under subsection (5) that a person shall continue to be detained in a children detention school for a period not exceeding 6 months from the relevant date and—

• (a) before the period has elapsed, the person—

• (i) completes the course of education or training to which paragraph (a) of that subsection refers, or

• (ii) ceases to be engaged in the course of education or training concerned,

or

• (b) the period is about to elapse,

the Director shall, or in the case of a cessation of engagement referred to in paragraph (a) (ii), may, where a period of detention remains to be served by the person, make a request under subsection (2) as soon as may be in respect of that person and in such case, reference in subsections (2) and (3) to "before the relevant date" shall be construed as "as soon as may be" and reference in subsections (2) and (4) to "on the relevant date" shall be construed as a reference to the day after the date of authorisation by the Minister for Children and Youth Affairs under subsection (3).

• (7) Notwithstanding any provision to the contrary contained in any enactment, a child shall not be transferred from a children detention school to a place of detention provided under section 2 of the Act of 1970 or to a prison.

• (8) In this section—

"Director" means the Director, within the meaning of section 180, of the children detention school in which a person referred to in subsection (1) is detained before the relevant date;

"enactment" has the same meaning as it has in the Interpretation Act 2005.]

156. Restriction on punishment of children.

156.—No court shall pass a sentence of imprisonment on a child or commit a child to prison.

156A. F142[Transitional provision.

156A.—F143[…]]

156B. F144[Application of Prisons Acts, etc. rules to children detention schools.

156B.— F145[…]]

PART 10 Children Detention Schools

General

157. Interpretation (Part 10).

157.—In this Part, unless the context otherwise requires—

“Act of 1908” means the Children Act, 1908;

F146["amalgamation date" has the meaning assigned to it by section 163A;

"amalgamation order" has the meaning assigned to it by section 163A;

"amalgamated school" is a children detention school that is formed by the amalgamation of 2 or more children detention schools pursuant to an amalgamation order;

"Appeal Tribunal" shall be construed in accordance with section 201D;

"approved absence" means the absence of a child from a children detention school under section 202, 203, 204, 205 or 207, as the case may be;]

F147[“authorised person” means a person authorised by the Minister under section 185;]

“board of management” has the meaning assigned to it by section 164;

F148["child" means—

• (a) a person under the age of 18 years in relation to whom a children detention order is in force,

• (b) a person of 18 years or over in relation to whom a children detention order is in force and in relation to whom the Director of a children detention school has made a determination under section 155(5) that is in force, or

• (c) for the purposes of any provision of this Part that applies to a person remanded under section 88 to a remand centre situated in a children detention school, a person who has been so remanded.]

“Director” means a person appointed under section 180 as Director of a children detention school or, as the case may be, of more than one such school;

F146["disciplinary breach" has the meaning assigned to it by section 201;

"Inspector" has the meaning assigned to it by section 186A;

"Minister" means the Minister for Children and Youth Affairs;]

F149[…]

F149[…]

“responsible person”, in relation to a child, means a relative of the child or a person in whose care the child is placed under this Act;

F147[“staff” does not include teaching staff;]

“supervision in the community” has the meaning assigned to it by section 207.

158. Principal object of children detention schools.

158.—It shall be the principal object of children detention schools to provide appropriate F150[appropriate educational, training and other programmes and facilities] for children referred to them by a court and, by—

• (a) having regard to their health, safety, welfare and interests, including their physical, psychological and emotional wellbeing,

• (b) providing proper care, guidance and supervision for them,

• (c) preserving and developing satisfactory relationships between them and their families,

• (d) exercising proper moral and disciplinary influences on them, and

• (e) recognising the personal, cultural and linguistic identity of each of them,

to promote their reintegration into society and prepare them to take their place in the community as persons who observe the law and are capable of making a positive and productive contribution to society.

159. F151[Certified schools under Act of 1908.

159.—(1) Subject to subsection (2), a certified reformatory school or industrial school under Part IV of the Act of 1908 shall, with the agreement of the Minister and the Minister for Education and Science, become a children detention school on the commencement of this section in relation to it.

• (2) A certified industrial school under that Part shall, with the agreement of the Minister for Education and Science and the Minister for Health and Children and on the commencement of this section in relation to it, become premises provided and maintained by the Health Service Executive under section 38(2) of the Act of 1991 for the provision of residential care for children in care.

• (3) On the commencement of this section in relation to a certified reformatory school or industrial school the functions relating to which stood vested in the Minister for Education and Science (other than the function of providing education and training and related programmes for children detained in it) immediately before such commencement, such functions shall—

• (a) if the school becomes a children detention school, be vested in the Minister, or

• (b) in the case referred to in subsection (2), be vested in the Health Service Executive.

• (4) The lawfulness of the detention, and the period of detention, of a child who is detained in a certified reformatory or industrial school is not affected by the commencement of this section in relation to it.

• (5) Any reference in any enactment to a reformatory school or an industrial school shall, on the commencement of this section in relation to it, be construed as a reference to a children detention school or, as the case may be, premises provided and maintained by the Health Service Executive under section 38(2) of the Act of 1991.]

159A. F152[Education of children in children detention school, residential centres, etc.

159A.—(1) In this section—

“Inspector” and “recognised school” have the meanings given to them in section 2 of the Education Act 1998;

“transferred premises” means a certified reformatory or an industrial school under Part IV of the Act of 1908 which, on the commencement of section 159 in relation to it, becomes a children detention school or premises provided and maintained by the F153[Child and Family Agency] under section 38(2) of the Act of 1991;

F154[…]

• (2) Any recognised school forming part of transferred premises is dissolved.

• (3) A F155[An education and training board] in whose functional area transferred premises are situated shall provide for the education of children in those premises.

• (4) Without prejudice to the generality of subsection (3), each F155[education and training board] shall, in respect of any such premises—

• (a) plan, coordinate and review the provision of education and services ancillary thereto,

• (b) ensure that the education provided therein meets the requirements of education policy as determined from time to time by the Minister for Education and Science,

• (c) ensure that students have access to appropriate guidance to assist them in their educational and career choices,

• (d) promote the moral, spiritual, social and personal development of the children concerned, and

• (e) ensure that the needs of personnel involved in management functions and those in relation to staff development generally are identified and provided for.

• (5) The functions of an Inspector within the meaning of the Education Act 1998 apply, with any necessary modifications, in relation to education facilities provided in respect of any transferred premises.

• (6) A person who, immediately before the dissolution under this section of a recognised school, is a member of its teaching staff shall, on such dissolution, become an employee of the vocational education committee in whose functional area the recognised school is situated; and the rights and entitlements enjoyed by the person as such employee in respect of tenure, remuneration, fees, allowances, expenses and superannuation shall not, by virtue of the operation of this Act, be any less beneficial than the rights and entitlements enjoyed by that person immediately before the dissolution.]

159B. F156[Transfer of property, rights and liabilities of certified industrial school on commencement of section 159(2).

159B.—(1) In this section—

“board of management” in relation to a certified industrial school, includes managers of the school within the meaning of the Act of 1908;

“certified industrial school” means a certified industrial school under Part IV of the Act of 1908 which becomes transferred premises on the transfer day;

“land” includes any rights, liabilities, powers or privileges relating to or connected with the land;

“property” includes any rights or liabilities relating to or connected with the property;

“transfer day” means the day on which a certified industrial school becomes, by virtue of section 159(2), premises provided and maintained by the F157[Child and Family Agency] under section 38(2) of the Act of 1991 for the provision of residential care for children in care;

“transferred premises” means premises which on the transfer day become premises so provided and maintained.

• (2) On the transfer day—

• (a) any land or other property, and any other rights or liabilities, vested in the Minister for Education and Science in relation to the certified industrial school concerned or in its board of management immediately before that day, except any rights or liabilities referred to in paragraph (b), is transferred to and vested in the F157[Child and Family Agency] without any conveyance or assignment,

• (b) any rights or liabilities—

• (i) of the Minister for Education and Science in relation to the school or of its board of management, and

• (ii) relating to or connected with members of its teaching staff or their teaching functions,

however arising immediately before that day are transferred to and vested without any assignment in the vocational education committee in whose functional area the transferred premises are situated.

• (3) Any rights or liabilities transferred under this section may on and after the transfer day be sued on, recovered or enforced by or against the F157[Child and Family Agency] or the vocational education committee concerned in its own name, and it shall not be necessary for the Executive or committee to give notice of the transfer to the person whose rights or liabilities are so transferred.

• (4) Subject to subsection (5), where any proceedings to which the certified industrial school concerned or its board of management is a party are pending immediately before the transfer day, the Minister for Education and Science shall be substituted for the school or board as a party to the proceedings on and after that day, and the proceedings shall not abate by reason of the substitution.

• (5) Where—

• (a) the Minister for Education and Science is a party to proceedings pending immediately before the transfer day in relation to a certified industrial school or its board of management, whether by virtue of subsection (4) or otherwise, and

• (b) the Minister and the F157[Child and Family Agency] or vocational education committee concerned agree that the Executive or committee should be substituted for the Minister as a party to the proceedings,

the Executive or the committee shall notify the other parties to the proceedings accordingly, and the proceedings shall not abate by reason of the substitution.

• (6) A person who was an employee of the certified industrial school concerned (other than a member of its teaching staff) immediately before the transfer day shall on that day become an employee of the F157[Child and Family Agency], and the rights and entitlements enjoyed by the person as such employee in respect of his or her terms and conditions of employment, including remuneration, allowances and superannuation, shall not by virtue of the operation of this Act be any less beneficial than the rights and entitlements enjoyed by that person immediately before that day.

• (7) The functions, including powers and duties, of the Minister for Health and Children under the Child Care Act 1991, as amended, and the Health Acts 1947 to 2006 in relation to premises provided and maintained under section 38(2) of the Act of 1991 by the F157[Child and Family Agency] for the provision of residential care for children in care apply and have effect in relation to transferred premises.

• (8) A child who is found guilty of an offence may not be ordered to be placed or detained in transferred premises.

• (9) The Minister for Education and Science shall, before the commencement of section 159(2), direct the transfer of each child convicted of an offence or on remand in respect of an offence from any place which, on such commencement, becomes transferred premises to a certified reformatory or industrial school under Part IV of the Act of 1908 or a children detention school to serve the whole or any part of the unexpired residue of his or her period of detention.

• (10) This section is without prejudice to section 159A.]

160. Designation of children detention schools.

160.—(1) The Minister may, with the agreement of its owners, provide any place, or any school or premises, for use as a children detention school and by order designate it as such a school.

• (2) The Minister may arrange for the construction of any building for use as a children detention school and by order designate it as such a school.

• (3) The Minister may direct one of his or her officers—

• (a) to examine the structure, condition and environs of any place, school, premises or building referred to in subsections (1) and (2), and

• (b) to report to the Minister on its suitability as a children detention school,

and for that purpose the officer so directed may, with the Minister’s approval, employ whatever expert help and advice he or she considers necessary.

• (4) No order shall be made by the Minister under this section in relation to any place, school, premises or building unless, having considered a report under subsection (3), he or she is satisfied that it is suitable for use as a children detention school.

• (5) An order under this section may be revoked by the Minister, including an order under this subsection.

• (6) An order under this section shall be laid by the Minister before each House of the Oireachtas.

161. Provision of other places for detention of children.

161.—F158[(1) The Minister may enter into arrangements with any person or body for the provision by that person or body on behalf of the Minister of a place (except a prison) where children found guilty of offences can be detained.

• (1A) Before entering into any such arrangements, the Minister shall be satisfied that the place provides treatment or other facilities not available in children detention schools.

• (1B) The Minister may enter into arrangements under subsection (1) with more than one such person or body.

• (1C) A child detained in a children detention school may be transferred to a place provided under subsection (1) with the agreement of the Minister and the person or body providing the place and, with such agreement, may be transferred back to that school ]

• (2) The provisions of this Part relating to children detention schools shall, subject to subsection (3), apply to a place provided under subsection (1).

• (3) Where a place is so provided, provisions as to its management, staffing and operation generally and the terms, conditions and rules under which it operates shall be subject to agreement between the persons managing it and the Minister.

• (4) The powers of any court in relation to children detention schools shall apply also to a place provided under this section.

• (5) Any such place need not cater exclusively for children found guilty of offences.

• (6) The Minister shall cause the President of the High Court, the President of the Circuit Court and the President of the District Court to be notified of any arrangements entered into under subsection (1).

• F159[(7) In this section, “place” includes part of a building.]

162. Funding of such places.

162.—The Minister shall, on such terms and conditions as he or she thinks fit, make available to the persons managing any place provided for under section 161 such funds as are necessary for its operation—

• (a) by a periodic contribution of funds,

• (b) by a grant, or

• (c) by a contribution in kind (whether by way of materials or labour or any other service).

163. F160[Closure of children detention school or part thereof

163. (1) Where the Minister is of opinion that a children detention school or part thereof is no longer suitable for the detention of children, or is no longer required for that purpose, he or she may, by order (in this section referred to as a "closure order")—

• (a) specify the children detention school or part thereof to which the order relates,

• (b) direct that the children detention school or part thereof specified under paragraph (a) shall cease to be a children detention school or part thereof as the case may be, from the date specified under paragraph (c), and

• (c) specify the date on which the children detention school or part thereof shall cease to be a children detention school or part thereof, as the case may be.

• (2) In forming an opinion for the purposes of subsection (1), the Minister shall have regard to—

• (a) the number of children detained in the children detention school or part thereof and the maximum number of children that can be accommodated in that children detention school or part thereof,

• (b) where a remand centre is situated in the children detention school, the number of children remanded to the remand centre and the maximum number of children that can be accommodated in that remand centre,

• (c) the sex and age of children detained in the children detention school or part thereof and any remand centre situated in that school,

• (d) the number and classes of staff, including teaching staff, working in the children detention school and any remand centre situated in that school,

• (e) the educational and training facilities available in the children detention school,

• (f) any reports or other information submitted to the Minister by the board of management of the children detention school,

• (g) any reports submitted to the Minister in respect of the children detention school by an authorised person pursuant to section 186,

• (h) any reports submitted to the Minister in respect of the children detention school by an Inspector pursuant to section 186A,

• (i) the best interests of the children who are detained in the children detention school or remanded to a remand centre situated in that children detention school,

• (j) any reports or other information relating to current and anticipated future demand for places in children detention schools and remand centres,

• (k) any operational and administrative efficiencies that could be achieved by closing the children detention school concerned or part thereof, and

• (l) whether, having regard to any of the matters referred to in paragraphs (a) to (k), it is in the public interest that the children detention school or part thereof be closed.

• (3) Where a board of management of a children detention school informs the Minister that the school is temporarily unsuitable for the detention of children, the Minister may make an order (in this section referred to as a ‘temporary closure order’) declaring that the school shall cease to be such a school from a specified date and for a period specified in the order.

• (4) Where the Minister makes a closure order or a temporary closure order, he or she may by the same order direct all or any of the following:

• (a) that any child on whom a period of detention had been imposed in the relevant children detention school by an order made or warrant issued by a court that was in force immediately before the date of closure but which had not been executed by that date, shall serve the period of detention in such other children detention school as may be specified in the closure order or temporary closure order, as the case may be, for that purpose;

• (b) that any child who, immediately before the date of closure, was on an approved absence from a relevant children detention school, shall be on an approved absence from such other children detention school as may be specified in the closure order or temporary closure order, as the case may be, for that purpose;

• (c) that any child remanded to a remand centre situated in a relevant children detention school by an order made or warrant issued by a court that was in force immediately before the date of closure but which had not been executed by that date, shall be remanded to such other remand centre as may be specified in the closure order or temporary closure order, as the case may be, for that purpose.

• (5) If a closure order or temporary closure order contains a direction under paragraph (a) of subsection (4) and another children detention school is specified for that purpose, then, on and after the date of closure—

• (a) a reference in an order made or warrant issued by a court, that was in force immediately before the date of closure but which had not been executed by that date, to the relevant children detention school shall be construed as a reference to the other children detention school specified in the closure order or temporary closure order, as the case may be, pursuant to that paragraph, and the order made or warrant issued by the court shall have effect accordingly, and

• (b) the lawfulness of the detention and the period of detention of a child shall not be affected where the child is detained, on foot of an order or warrant referred to in paragraph (a), in the other children detention school specified in the closure order or temporary closure order, as the case may be, pursuant to paragraph (a) of subsection (4).

• (6) If a closure order or temporary closure order contains a direction under paragraph (b) of subsection (4) and another children detention school is specified for that purpose, then, on and after the date of closure—

• (a) a child referred to in that paragraph shall be regarded as being on an approved absence from the other children detention school specified in the closure order or temporary closure order, as the case may be, pursuant to that paragraph, and any order, authorisation or notice given by a Director of the relevant children detention school in respect of the approved absence concerned shall have effect accordingly, and

• (b) the lawfulness of the detention and the period of detention of a child shall not be affected where the child is, following the expiry of the period of the approved absence concerned, detained in the other children detention school specified in the closure order or temporary closure order, as the case may be, pursuant to that paragraph.

• (7) If a closure order or temporary closure order contains a direction under paragraph (c) of subsection (4) and another remand centre is specified for that purpose, then, on and after the date of closure—

• (a) a reference in an order made or warrant issued by a court, that was in force immediately before the date of closure but which had not been executed by that date, to the remand centre situated in the relevant children detention school shall be construed as a reference to the other remand centre specified in the closure order or temporary closure order, as the case may be, pursuant to that paragraph, and the order made or warrant issued by the court shall have effect accordingly, and

• (b) the lawfulness of the remand and the period of remand of a child shall not be affected where the child is remanded, on foot of an order or warrant referred to in paragraph (a), to the other remand centre specified in the closure order or temporary closure order, as the case may be, pursuant to paragraph (c) of subsection (4).

• (8) Where—

• (a) a children detention school or a specified part of a children detention school ceases to be a children detention school or part thereof pursuant to a closure order, or

• (b) a children detention school ceases to be a children detention school pursuant to a temporary closure order,

any children detained in the children detention school may, before the date of closure, be transferred to another children detention school or placed out under supervision in the community in accordance with the provisions of this Part relating to such transfer or supervision in the community.

• (9) Where—

• (a) a children detention school or a specified part of a children detention school ceases to be a children detention school or part thereof pursuant to a closure order, or

• (b) a children detention school ceases to be a children detention school pursuant to a temporary closure order,

and a remand centre is situated in the children detention school or part thereof, as the case may be, pursuant to section 88, any child remanded to the remand centre may, before the date of closure, be transferred to another remand centre in accordance with section 88A.

• (10) The Minister shall cause a copy of any closure order or temporary closure order made under this section to be sent to the Director and board of management of the relevant children detention school, the Director and board of management of any other children detention school specified in the order, the Director or board of management of any remand centre concerned, the President of the High Court, the President of the Circuit Court and the President of the District Court.

• (11) An order under this section shall be laid by the Minister before each House of the Oireachtas as soon as may be after it is made.

• (12) In this section—

"date of closure" means the date specified in a closure order under subsection (1)(c) or the date specified in a temporary closure order under subsection (3), as the case may be;

"relevant children detention school" means a children detention school to which a closure order or temporary closure order, as the case may be, relates or, where relevant, a part of a children detention school to which a closure order relates.]

163A. F161[Amalgamation of children detention schools

163A. (1) The Minister may by order (in this section referred to as an "amalgamation order") provide for the amalgamation of 2 or more children detention schools as and from such date as shall be specified in the order (in this section referred to as the "amalgamation date") and an amalgamated school shall be a children detention school for the purposes of this Act on and after the amalgamation date.

• (2) When making an amalgamation order, the Minister shall have regard to—

• (a) the number of children detained in each children detention school concerned and the maximum number of children that can be accommodated in each children detention school,

• (b) where a remand centre is situated in a children detention school concerned, the number of children remanded to the remand centre and the maximum number of children that can be accommodated in that remand centre,

• (c) the sex and age of children detained in or remanded to each children detention school concerned and any remand centre situated in any such school,

• (d) the number and classes of staff, including teaching staff, working in each of the children detention schools concerned and any remand centres situated in such schools,

• (e) the educational and training facilities available in each children detention school concerned,

• (f) any reports or other information submitted to the Minister by the board of management of one or more of the children detention schools concerned,

• (g) any reports submitted to the Minister in respect of one or more of the children detention schools concerned by an authorised person pursuant to section 186,

• (h) any reports submitted to the Minister in respect of one or more of the children detention schools concerned by an Inspector pursuant to section 186A,

• (i) the best interests of the children who are detained in the children detention schools concerned or remanded to any remand centre situated in a children detention school concerned,

• (j) any reports or other information relating to current and anticipated future demand for places in children detention schools and remand centres,

• (k) any operational and administrative efficiencies that could be achieved by amalgamating the children detention schools concerned, and

• (l) whether, having regard to any of the matters referred to in paragraphs (a) to (k), it is in the public interest that the children detention schools concerned be amalgamated.

• (3) Where, before the amalgamation date, a child is detained in a relevant children detention school on foot of a children detention order, the lawfulness of the detention, and the period of detention, of the child on and after the amalgamation date in the amalgamated school shall not be affected by the amalgamation order.

• (4) If, before the amalgamation date, a remand centre is situated in a relevant children detention school, the Minister shall, by order under section 88 which shall take effect on the amalgamation date, designate a remand centre to be situated in the amalgamated school.

• (5) Where, before the amalgamation date, a child is remanded to a remand centre situated in a relevant children detention school, the lawfulness of the remand, and the period of remand, of the child on and after the amalgamation date in a remand centre situated in the amalgamated school shall not be affected by the amalgamation order.

• (6) Where the Minister makes an amalgamation order, he or she may by the same order direct all or any of the following:

• (a) that any child on whom a period of detention had been imposed in a relevant children detention school by an order made or warrant issued by a court that was in force immediately before the amalgamation date but which had not been executed by that date, shall serve the period of detention in the amalgamated school;

• (b) that any child who, immediately before the amalgamation date, was on an approved absence from a relevant children detention school, shall be on an approved absence from the amalgamated school;

• (c) that any child remanded to a remand centre situated in a relevant children detention school by an order made or warrant issued by a court that was in force immediately before the amalgamation date but which had not been executed by that date, shall be remanded to a remand centre situated in the amalgamated school.

• (7) If an amalgamation order contains a direction under paragraph (a) of subsection (6) then, on and after the amalgamation date—

• (a) a reference in an order made or warrant issued by a court, that was in force immediately before the amalgamation date but which had not been executed by that date, to a relevant children detention school shall be construed as a reference to the amalgamated school, and the order made or warrant issued by the court shall have effect accordingly, and

• (b) the lawfulness of the detention and the period of detention of a child shall not be affected where the child is detained, on foot of an order or warrant referred to in paragraph (a), in the amalgamated school pursuant to paragraph (a) of subsection (6).

• (8) If an amalgamation order contains a direction under paragraph (b) of subsection (6), then, on and after the amalgamation date—

• (a) a child referred to in that paragraph shall be regarded as being on an approved absence from the amalgamated school concerned, and any order, authorisation or notice given by a Director of the relevant children detention school in respect of the approved absence concerned shall have effect accordingly, and

• (b) the lawfulness of the detention and the period of detention of a child shall not be affected where the child is, following the expiry of the period of the approved absence concerned, detained in the amalgamated school concerned.

• (9) If an amalgamation order contains a direction under paragraph (c) of subsection (6) then, on and after the amalgamation date—

• (a) a reference in an order made or warrant issued by a court, that was in force immediately before the amalgamation date but which had not been executed by that date, to a remand centre situated in a relevant children detention school shall be construed as a reference to the remand centre situated in the amalgamated school, and the order made or warrant issued by the court shall have effect accordingly, and

• (b) the lawfulness of the remand and the period of remand of a child shall not be affected where the child is remanded, on foot of an order or warrant referred to in paragraph (a), to the remand centre situated in the amalgamated school.

• (10) The board of management or boards of management, as the case may be, of the children detention schools which are the subject of an amalgamation order shall cease to exist on the amalgamation date.

• (11) The Minister shall appoint a board of management to the amalgamated school in accordance with this Part and such appointment shall take effect on the amalgamation date.

• (12) A person who, before the amalgamation date, is a Director or other member of the staff of a relevant children detention school shall, on the amalgamation date, transfer to and become a member of the staff of the amalgamated school and shall be deemed to have been appointed by the board of management of the amalgamated school pursuant to section 180 or section 181, as the case may be.

• (13) A reference in any contract of employment of a Director or other member of staff referred to in subsection (12) to—

• (a) the board of management of a children detention school, or

• (b) a children detention school,

which is the subject of an amalgamation order shall, on the amalgamation date, be construed as a reference to the board of management of the amalgamated school.

• (14) Save in accordance with any enactment or a collective agreement negotiated with any recognised trade union or staff association, a person who becomes a member of staff of an amalgamated school pursuant to subsection (12) shall not, on the amalgamation date, be subject to less beneficial terms and conditions of service (including those relating to tenure of office) or remuneration than the terms and conditions of service (including those relating to tenure of office) or remuneration to which he or she was subject immediately before the amalgamation date.

• (15) Where a person becomes a member of staff of an amalgamated school pursuant to subsection (12), previous service with a relevant children detention school shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the Redundancy Payments Acts 1967 to 2014, the Protection of Employees (Part-Time Work) Act 2001, the Organisation of Working Time Act 1997, the Minimum Notice and Terms of Employment Acts 1973 to 2005, the Unfair Dismissals Acts 1977 to 2007, the Protection of Employees (Fixed-Term Work) Act 2003, the Parental Leave Acts 1998 and 2006, the Carer’s Leave Act 2001, the Terms of Employment (Information) Acts 1994 to 2012, the Maternity Protection Acts 1994 and 2004 and the Adoptive Leave Acts 1995 and 2005.

• (16) The Minister shall cause a copy of any order made under this section to be sent to the boards of management of the children detention schools concerned, the President of the High Court, the President of the Circuit Court and the President of the District Court.

• (17) An order under this section shall be laid by the Minister before each House of the Oireachtas as soon as may be after it is made.

• (18) In this section—

"contract of employment" means a contract of service whether express or implied and, if express, whether oral or in writing, but shall not include a contract whereby an individual agrees with another person who is carrying on the business of an employment agency within the meaning of the Employment Agency Act 1971 and is acting in the course of that business, to do or perform personally any work or service for a third person (whether or not the third person is a party to the contract);

"relevant children detention school" in relation to an amalgamation order, means a children detention school to which the amalgamation order relates.]

Boards of Management

164. Boards of management.

164.—(1) The Minister shall appoint a board of management to each children detention school or to more than one such school.

• (2) The boards of management of certified reformatory schools and industrial schools which became children detention schools at the commencement of section 159 shall cease to exist on the appointment of boards of management to those schools under this section.

165. Functions of boards of management.

165.—(1) A board of management shall manage the children detention school or schools to which it has been appointed in accordance with criteria laid down from time to time by the Minister and, without prejudice to the generality of the foregoing, shall—

• (a) carry out any such policy in relation to children on remand or in detention as may be specified by the Minister,

• (b) cooperate and liaise with other bodies who are interested or engaged in assisting children who have been charged with offences or are at F162[risk, and]

• (c) F163[…]

• (d) perform the other functions assigned to it under this Part.

• (2) Boards of management shall have all such powers as are necessary or expedient for the exercise of their functions.

166. Additional functions.

166.—(1) The Minister may by order assign such additional functions to one or more than one of the boards of management as the Minister considers to be incidental to or consequential on the functions assigned to them under other provisions of this Part.

• (2) An order under this section may be amended or revoked by the Minister, including an order under this subsection.

167. Membership, etc., of boards of management.

167.—(1) Each board of management shall consist of a chairperson and 12 other members.

• (2)
• (a) The Minister shall from time to time as occasion requires appoint a member of a board of management to be its chairperson.

• (b) Where the chairperson ceases during his or her term of office to be a member of the board, he or she shall thereupon also cease to be its chairperson.

• (c) The chairperson shall, unless he or she sooner dies, resigns, becomes disqualified or is removed from office, hold office as such chairperson until his or her term of office as a member of the board expires but, if reappointed as such a member, he or she shall be eligible for reappointment as chairperson.

• (3) In appointing persons to be members of a board of management, the Minister shall have regard to the desirability of their having knowledge or experience of matters that come within the competence of such a board in the performance of its functions.

• (4) Of the members of each board of management at least—

• (a) one shall be an officer of the Minister,

• (b) one shall be F164[an employee of the F165[Child and Family Agency]] nominated by the Minister for Health and Children,

• (c) one shall be an officer of the F166[Minister for Education and Science] nominated by that Minister,

• (d) two shall be members of the staff of the children detention school or schools under the board’s management, and

• (e) two shall be representative of persons living in the area of one or more than one of such schools.

• (5) Members of a board of management shall be appointed for a term not exceeding 4 years and shall be eligible for reappointment.

• (6) Members of a board of management shall act on a part-time basis.

168. Removal and resignation of members.

168.—(1) The Minister may remove from office a member of a board of management who, in the opinion of the Minister, has become incapable through ill-health of effectively performing his or her functions or has committed stated misbehaviour or whose removal appears to the Minister to be necessary for the effective performance by the board of its functions.

• (2) A member of a board of management may at any time resign by letter addressed to the Minister, and the resignation shall take effect as and from the date on which the Minister receives the letter.

169. Casual vacancies.

169.—(1) If a member of a board of management dies, resigns, becomes disqualified or is removed from office, the Minister may appoint a person to be a member in his or her stead.

• (2) A person so appointed shall hold office for the remainder of the term of office of the member whom he or she replaces and be eligible for reappointment.

170. Temporary substitutes.

170.—Whenever it appears to the Minister that any member of a board of management is, on account of illness or for other sufficient reason, temporarily unable to act, the Minister may appoint another person to act for that member for such period as the Minister thinks proper.

171. Remuneration of members.

171.—The chairperson and any other member of a board of management shall be paid, out of funds at the disposal of the board, such remuneration (if any) and such allowances for expenses as the Minister, with the approval of the Minister for Finance, may from time to time determine.

172. Funding of Board.

172.—For the purposes of expenditure by a board of management in the performance of its functions, the Minister may in each financial year, with the consent of the Minister for Finance, advance to the board out of moneys provided by the Oireachtas such sum or sums as the Minister, after consultation with the board, may determine.

173. Accounts and audits.

173.—(1) Each board of management shall—

• (a) keep in such form and in respect of such accounting periods as may be approved of by the Minister, with the consent of the Minister for Finance, all proper and usual accounts (including an income and expenditure account and balance sheet) of the resources of the board and of all moneys received or expended by it,

• (b) keep such special accounts as the Minister may from time to time direct, and

• (c) where a board has been appointed to manage more than one children detention school, ensure that separate accounts are kept and presented to the board by each such school.

• (2)
• (a) Accounts kept in pursuance of this section shall be submitted by each board of management to the Comptroller and Auditor General not later than 3 months after the end of each accounting year.

• (b) A copy of the income and expenditure account and of the balance sheet and of such other (if any) of its accounts as the Minister may direct, together with a copy of the report of the Comptroller and Auditor General on the accounts, shall be presented by each board to the Minister as soon as may be.

• (c) The Minister shall cause copies of each of the documents aforesaid to be laid before each House of the Oireachtas.

174. Annual report and information.

174.—(1) Each board of management shall submit to the Minister an annual report which shall include information on the performance of its functions during the year to which it relates, information relating to the children detention school or schools under its management and such other information in such form as each board considers appropriate or as the Minister may direct.

• (2) A report under subsection (1) shall be submitted to the Minister not later than 6 months after the end of the year to which it relates.

• (3) Each board of management shall, at the request of the Minister, supply the Minister with such information relating to the performance of its functions as the Minister may from time to time specify.

• (4) A copy of each report under subsection (1) shall be laid by the Minister before each House of the Oireachtas.

174A. F167[Final accounts and report

174A. (1) Where a children detention school ceases to be a children detention school pursuant to section 163(1), the Minister shall cause to be prepared final accounts for the accounting period or part thereof ending immediately before the date on which the children detention school ceases to be such a children detention school.

• (2) Where a children detention school is amalgamated with another children detention school pursuant to section 163A, the board of management of the amalgamated school shall cause to be prepared final accounts for the accounting period or part thereof ending immediately before the amalgamation date in respect of the children detention schools concerned.

• (3) Accounts prepared pursuant to subsection (1) shall, not later than 3 months from the date on which the children detention school ceases to be such a school, be submitted by the Minister to the Comptroller and Auditor General for audit, and immediately after the audit, a copy of the accounts as audited and a copy of the Comptroller and Auditor General’s report on the accounts so audited shall be presented to the Minister.

• (4) Accounts prepared pursuant to subsection (2) shall, not later than 3 months from the amalgamation date, be submitted by the board of management of the amalgamated school to the Comptroller and Auditor General for audit, and immediately after the audit, a copy of the accounts as audited and a copy of the Comptroller and Auditor General’s report on the accounts so audited shall be presented to the Minister.

• (5) The Minister shall cause copies of any accounts and reports presented to him or her pursuant to subsections (3) and (4) to be laid before each House of the Oireachtas as soon as may be after his or her receipt of them.

• (6) Where a children detention school ceases to be a children detention school pursuant to section 163(1), the Minister shall, not later than 6 months from the date on which the children detention school ceases to be such a school, cause to be prepared a final report on the performance by the board of management of the children detention school concerned of its functions during such period as has not already been the subject of a report to the Minister.

• (7) Where a children detention school is amalgamated with another children detention school pursuant to section 163A, the board of management of the amalgamated school shall, not later than 6 months from the amalgamation date, prepare and submit to the Minister a final report relating to the performance by the board of management or boards of management, as the case may be, of the children detention schools concerned of their functions during such period as has not already been the subject of a report to the Minister.

• (8) The Minister shall cause a copy of any report caused to be prepared by him or her pursuant to subsection (6) or submitted to him or her pursuant to subsection (7) to be laid before each House of the Oireachtas as soon as may be after his or her receipt of that report.]

175. Meetings and procedure.

175.—(1) Each board of management shall hold such and so many meetings as may be necessary for the performance of its functions.

• (2)
• (a) The chairperson of a board of management shall, if present, chair meetings of the board.

• (b) If and so long as the chairperson is not present or if the office of chairperson is vacant, the members who are present at a meeting of the board shall choose one of their number to chair the meeting concerned.

• (c) The chairperson and each other member present shall have a vote.

• (d) Every question shall be determined by a majority of the votes of the members present and voting on the question.

• (e) In the case of an equal division of votes, the chairperson or, in his or her absence, the member chosen to chair the meeting shall have a second or casting vote.

• (f) The quorum for a meeting shall be 6 or such greater number as the board may from time to time determine.

• (3) A board of management may act notwithstanding one or more than one vacancy among its members and, subject to the provisions of this Part, shall determine its own procedure.

176. Directions by Minister.

176.—(1) The Minister may give directions to a board of management of a children detention school or the persons managing a place provided under section 161 in relation to their management of the school or place, and the board or persons shall comply with any such directions.

• (2) Directions under subsection (1) shall not apply to any individual child detained in any such school or place.

177. Membership of either House of Oireachtas or of European Parliament.

177.—(1) Where a person who is a member of a board of management is—

• (a) nominated as a member of Seanad Éireann, or

• (b) elected as a member of either House of the Oireachtas or to the European Parliament, or

• (c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act, 1997, as having been elected to the European Parliament to fill a vacancy,

the person shall thereupon cease to be a member of the board.

• (2) Where a person employed by a board of management is—

• (a) nominated as a member of Seanad Éireann, or

• (b) elected as a member of either House of the Oireachtas or to the European Parliament, or

• (c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act, 1997, as having been elected to the European Parliament to fill a vacancy,

the person shall thereupon stand seconded from employment by the board and shall not be paid by, or be entitled to receive from, it any remuneration or allowance in respect of the period commencing on such nomination or election or when that person is so regarded as having been elected (as the case may be) and ending when that person ceases to be a member of either such House or such Parliament.

• (3) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a member of the European Parliament shall, while that person is so entitled or is such a member, be disqualified from becoming a member of a board of management or from employment in any capacity by it.

• (4) Without prejudice to the generality of subsection (2), that subsection shall be construed as prohibiting, among other things, the reckoning of a period mentioned in that subsection as service with a board of management for the purposes of any superannuation benefits.

178. Non-disclosure of information.

178.—(1) Subject to subsection (2), a member of a board of management shall not disclose to any person who is not such a member any information relating to any person which the member has acquired as such member without that person’s consent.

• (2) Subsection (1) shall not apply in relation to any such disclosure of information to the Minister or his or her officers or to the Comptroller and Auditor General.

179. Rules by boards of management.

179.—(1) The board of management of a children detention school or schools may at any time F168[with the consent of the Minister], and shall whenever so required by the Minister, make rules—

• (a) for the management of the school or schools under its management and the maintenance of discipline and good order generally therein, and

• (b) without prejudice to the generality of the foregoing, setting out the procedures and conditions applicable to—

• (i) the grant of mobility trips under section 204,

• (ii) the grant of temporary leave under section 205, and

• (iii) placing out under supervision in the community pursuant to section 207.

• (2) The rules shall be consistent with this Part and any regulations made under it by the Minister or any criteria so laid down or general directions so given by him or her for the management of the school or schools concerned.

• (3) A notice containing an abridged version of the rules shall be displayed in a conspicuous place in each children detention school, and a child on admission to such a school shall be given a document which contains information relating to the rules and the daily routine in the school and is written in language appropriate to the age of the children catered for in the school.

Director and staff of schools

180. The Director.