Youth Work Act 2001

PART 1 Preliminary

1. Short title and commencement.

1.—(1) This Act may be cited as the Youth Work Act, 2001.

(2) This Act shall come into operation on such day or days as may be fixed by order or orders made by the Minister, either generally or with reference to a particular purpose or provision, and different days may be so fixed for different purposes and different provisions.

2. Interpretation.

2.—(1) In this Act, unless the context otherwise requires—

“Advisory Committee” means the National Youth Work Advisory Committee appointed under section 17;

“approved national voluntary youth work organisation” means a voluntary youth work organisation approved to provide a youth work programme or a youth work service in 2 or more F1[education and training board areas];

“Assessor of Youth Work” means the person appointed as Assessor of Youth Work under section 16(1), and includes an officer of the Minister appointed under section 16(2) to act in the place of the Assessor of Youth Work, while he or she is so acting;

“authorised organisation” means an organisation approved under section 25;

“designated local voluntary youth work organisation” means a voluntary youth work organisation designated as such under section 29;

“Development Plan” means a Youth Work Development Plan approved by the Minister under section 13;

F2[“education and training board area”has the same meaning as it has in the Education and Training Boards Act 2013;]

F2[“Education and Training Boards Ireland”has the same meaning as it has in the Education and Training Boards Act 2013;]

“financial year” means a period of 12 months prescribed as a financial year for the purposes of this Act;

“functions” includes powers and duties;

F3[…]

“Minister” means the Minister for Education and Science;

“prescribed” means prescribed by regulations made under section 4;

F3[…]

F3[…]

“Voluntary Youth Council” means a body established by section 21;

“voluntary youth work organisation” means an organisation providing a youth work programme or a youth work service, or both, otherwise than for profit;

“young person” means a person who has not attained the age of 25 years;

“Youth Work Budget” means a report on the estimate of the income and expenditure of F1[an education and training board] for the purposes of this Act prepared under section 32;

“youth work committee” means a youth work committee appointed under section 19;

“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) 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, and

(b) 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.

3. Definition of “youth work”.

3.—In this Act “youth work” means a planned programme of education designed for the purpose of aiding and enhancing the personal and social development of young persons through their voluntary participation, and which is—

(a) complementary to their formal, academic or vocational education and training; and

(b) provided primarily by voluntary youth work organisations.

4. Regulations.

4.—(1) The Minister may make regulations prescribing any matter or thing referred to in this Act as prescribed or to be prescribed, or in relation to any matter referred to in this Act as the subject of regulation.

(2) Regulations under this section may contain such incidental supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations or for giving full effect to this Act.

5. Laying of orders and regulations before Houses of the Oireachtas.

5.—Every order (other than an order under section 1(2)) or regulation made by the Minister 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 order or regulation is passed by either such House within the next subsequent 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under it.

6. Expenses of Minister.

6.—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.

7. Repeal of Youth Work Act, 1997.

7.—The Youth Work Act, 1997 (No. 30 of 1997) is by this section repealed.

PART 2 Youth Work Functions of Minister and F4[Education and Training Boards] Annotations Amendments: F4 Substituted (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s. 72 and sch. 6 item 38, S.I. No. 211 of 2013.

8. Youth work functions of Minister.

8.—(1) The Minister, as far as practicable, shall—

(a) ensure the development and co-ordination of policies relating to youth work programmes and youth work services in both the Irish and the English languages,

(b) ensure the co-ordination of 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 F4[education and training board areas],

(e) monitor, at least once in each financial year, a youth work programme or a youth work service receiving moneys under this Act, including a youth work programme or a youth work service provided by a voluntary youth work organisation receiving moneys provided under sections 9(1)(a) and 34,

(f) subject to section 16, carry out an assessment, at least once in every 3 years, of a youth work programme or a youth work service provided by an approved national voluntary youth work organisation, a designated local voluntary youth work organisation or an authorised organisation in receipt of moneys under section 34,

(g) subject to section 16, carry out an assessment, at least once in every 3 years, of a youth work programme or a youth work service referred to in section 9(1)(a) and for which moneys are provided by F4[an education and training board],

(h) subject to section 16, carry out an assessment, at least once in every 3 years, of a youth work programme or a youth work service provided in accordance with a resolution of F4[an education and training board] under section 11(5), and

(i) appoint a National Youth Work Advisory Committee under section 17.

(2) Without prejudice to the generality of subsection (1), the Minister, in performing his or her functions, shall have regard to—

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

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

(c) youth work requirements of persons who have attained the age of 10 years but not 21 years who reside in a Gaeltacht area and/or whose first language is Irish.

(3) Without prejudice to the generality of subsection (1)(c), the Minister shall endeavour to ensure—

(a) that regard is had to the information needs of young persons, and

(b) that particular regard be had to the youth work requirements of—

(i) persons who have attained the age of 10 years but not 21 years, and

(ii) other young persons who are socially or economically disadvantaged.

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

(5) The Minister may, following an assessment under subsection (1)(f) and consideration of any representations in writing made by the organisation providing the youth work programme or youth work service so assessed made within 21 days after receipt by the organisation of the report of the assessment, give directions to the organisation in relation to the manner in which the programme or service is provided, and the organisation shall comply with the directions.

(6) The Minister may, following an assessment under subsection (1)(g) and consideration of any representations in writing made by the organisation providing the youth work programme or youth work service so assessed made within 21 days after receipt by the organisation of the report of the assessment, give directions to the organisation in relation to the manner in which the youth work programme or youth work service is provided, and the organisation shall comply with the directions.

(7) The Minister may, following an assessment under subsection (1)(h) and consideration of any representations in writing made by the F4[education and training board] providing the youth work programme or youth work service so assessed made within 21 days after receipt by the F4[education and training board] of the report of the assessment, give directions to the F4[education and training board] in relation to the manner in which the youth work programme or youth work service is provided, and the F4[education and training board] shall comply with the directions.

(8) The Minister may, from time to time, by order, direct any 2 or more F4[education and training boards] to enter into an arrangement for the joint exercise of their powers and functions under this Act subject to such terms and conditions as the Minister considers appropriate and, if a question arises between F4[the boards] in relation to such an arrangement it shall be referred to the Minister whose decision on the matter shall be final.

(9) The Minister may by order amend or revoke an order under subsection (8) and an order under this subsection.

9. Youth work functions of F6[education and training board].

9.—(1) F6[(1) In addition to the functions conferred on it by or under the Education and Training Boards Act 2013, each education and training board shall, as far as practicable and within the financial resources available to it—]

(a) ensure the provision within its F6[education and training board area] of youth work programmes or youth work services, or both, by—

(i) co-ordinating its plans, proposals and activities with approved national voluntary youth work organisations, designated local voluntary youth work organisations and authorised organisations within its F6[education and training board area] so as to ensure the provision of those programmes and services by those organisations, and

(ii) providing assistance, including financial assistance, to an approved national voluntary youth work organisation, a designated local voluntary youth work organisation or an authorised organisation, and the provision of the financial assistance shall be subject to such conditions as may be determined by the F6[education and training board] in accordance with such guidelines and regulations as may be issued or made by the Minister following consultation with the National Youth Work Advisory Committee,

(b) ensure co-ordination within its F6[education and training board area] of youth work programmes and youth work services with education programmes and other programmes that provide services for young persons,

(c) ensure that in the provision of youth work programmes or youth work services, or both, under paragraph (a), particular regard shall be had to the youth work requirements of—

(i) persons who have attained the age of 10 years but not 21 years, and

(ii) other young persons who are socially or economically disadvantaged,

(d) without prejudice to section 8(1)(e) and (g), monitor and assess the youth work programmes or youth work services, or both, for which moneys are provided under this section and in particular shall have regard to an evaluation of the expenditure incurred in the provision of such programmes or services,

(e) prepare a Development Plan in accordance with section 13 and make all reasonable efforts to ensure that all youth work in its F6[education and training board area] is provided in accordance with the Development Plan, and

(f) consult with and report to, in regard to youth work, such person or persons as the Minister may, from time to time, direct.

(2) Without prejudice to the generality of subsection (1)(a) and (b), an F6[education and training board], in co-ordinating as provided in those subsections, shall have regard to—

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

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

10. Withdrawal or reduction of assistance.

10.—(1) Where an organisation in receipt of financial assistance provided under section 9 does not comply with—

(a) a condition attached under section 9(1)(a)(ii) to which it is subject, or

(b) a direction under section 8(6),

F7[the education and training board] may, subject to section 10(2) to (5), withdraw or reduce the amount of the financial assistance.

(2) Where F7[an education and training board] proposes to withdraw or reduce the amount of financial assistance provided under section 9, and where the amount to be withdrawn or by which it is to be reduced exceeds such sum as the Minister may from time to time determine, F7[the education and training board] shall, by notice in writing, inform the organisation that—

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

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

(3) An organisation may, within the next 21 days beginning on the date when a notice under subsection (2) is given to it, or such longer period as F7[the education and training board] may determine, make representations in writing to the Assessor of Youth Work giving reasons why, in its view, the proposed withdrawal or reduction is not warranted.

(4) The Assessor of Youth Work shall consider any representations made under subsection (3) and shall make recommendations to F7[the education and training board] on the matter.

(5) Where F7[an education and training board], having considered the recommendations made by the Assessor of Youth Work under subsection (4) decides, by resolution, to withdraw or reduce the amount of financial assistance it shall, in writing, inform the organisation of the withdrawal or reduction and the reasons therefor.

11. Provision of programmes and services where none currently provided.

11.—(1) Where F8[an education and training board] considers that a youth work programme or a youth work service is required to be provided in its F8[education and training board area] but it is not being provided, F8[the education and training board] shall—

(a) publish a notice in at least 2 newspapers circulating in the F8[education and training board area] inviting organisations in its F8[education and training board area] to submit a proposal for the provision of that youth work programme or youth work service specifying in the proposal such information as F8[the education and training board] may require concerning the provision of the programme or service, and

(b) assess, in accordance with such guidelines or regulations as may be issued or made by the Minister, and following consultation with the youth work committee for the F8[education and training board area] concerned, the suitability of the proposals submitted in accordance with paragraph (a).

(2) Where the F8[education and training board] decides, after considering all proposals submitted to it under subsection (1), that none is suitable for the purposes of providing the youth work programme or youth work service concerned, it shall prepare a report regarding that decision and, by notice in writing, inform each organisation that submitted the proposals of its decision and the reasons for its decision.

(3) An organisation may, within the period of 21 days beginning on the date when a notice under subsection (2) is given to it, make such representations to the F8[education and training board] as it considers appropriate and the F8[education and training board] shall, within a period of 2 months beginning on the date when they were made, consider the representations.

(4) F8[An education and training board] may, following consideration of representations, if any, made under subsection (3)—

(a) reject the proposals and inform the organisation concerned of its decision, or

(b) accept the proposals, inform the organisation of its decision and allow the organisation to provide the youth work programme or youth work service.

(5) F8[An education and training board] may, pursuant to a resolution of the committee, provide a youth work programme or a youth work service in respect of which a proposal has been rejected under subsection (4)(a).

(6) F8[An education and training board] which provides a youth work programme or youth work service under subsection (5)—

(a) shall not continue to provide the programme or service for a period in excess of 3 years from the date of commencement of its provision unless it is satisfied that there is no organisation that can and is prepared to make suitable arrangements for its provision, and

(b) shall, before the end of the second year and every 3 years thereafter of providing the programme or service, apply the procedure set out in subsection (1) for the purpose of ascertaining whether suitable arrangements, as referred to in paragraph (a), can be made for its provision.

12. Removal of youth work functions of F9[education and training board].