Reform history

# Child Care (Amendment) Act 2007

##### 1. Short title, collective citation and commencement.

##### 2. Definition of “Principal Act”.

##### 3. Amendment of section 29 of Principal Act.

##### 4. Amendment of Part VI of Principal Act.

##### 5. Substitution of section 49 of Principal Act.

**5**.— Section 49 (as amended by item 54 of Part 6 of Schedule 7 to the Health Act 2004) of the Principal Act is repealed and the following section substituted:

“Definitions for Part VII.

49.— In this Part—

‘authorised person’ means a person appointed under section 54 to be an authorised person for the purposes of this Part;

‘pre-school child’ means a child—

(*a*) who has not attained the age of six years, and

(*b*) who is not attending—

(i) a school, or

(ii) an establishment which provides an education programme similar to that provided by a school;

‘pre-school service’ means any pre-school, play group, day nursery, crche, day-care or other similar service which caters for pre-school children, including those grant-aided by the Health Service Executive;

‘ school’ means an establishment which provides—

(*a*) primary education to its students,

(*b*) early childhood education, or

(*c*) both primary education to its students and early childhood education;

‘ school age child’ means a child who is attending a school age service;

‘school age service’ means a childcare service—

(*a*) provided on a regular basis for children (or a class of children) who attend—

(i) a school, or

(ii) an establishment which provides an educational programme similar to that provided by a school,

(*b*) provided outside of normal school hours, and

(*c*) the basis of access to which is made publicly known to the parents and guardians of children referred to in paragraph (*a*).”.

##### 6. Amendment of section 50 of Principal Act.

**6**.— Section 50 (as amended by item 55 of Part 6 of Schedule 7 to the Health Act 2004) of the Principal Act is amended—

(*a*) in subsection (1), by inserting “or school age children” after “services”,

(*b*) in subsections (2)(*a*) and (*c*) and (3)(*a*), (*b*) and (*c*), by inserting “or school age services” after “services”, and

(*c*) by inserting the following subsection after subsection (3):

“(3A) On and after the commencement of *section 13* of the *Child Care (Amendment) Act 2007*, regulations may be made under this section to apply to persons falling within section 58(2) (as inserted by such *section 13*).”.

##### 7. Amendment of section 51 of Principal Act.

**7**.— Section 51 (as substituted by item 56 of Part 6 of Schedule 7 to the Health Act 2004) of the Principal Act is amended by inserting the following subsections after subsection (2):

“(3) A person carrying on a school age service on the commencement of this subsection shall give notice to the Health Service Executive in the prescribed manner.

(4) A person who, after the commencement of subsection (3), proposes to carry on a school age service shall give notice to the Health Service Executive in the prescribed manner.”.

##### 8. Amendment of section 52 of Principal Act.

**8**.— Section 52 of the Principal Act is amended—

(*a*) by inserting “or school age service” after “pre-school service”, and

(*b*) by deleting “the service” and substituting “the pre-school service or school age children attending the school age service, as the case may be,”.

##### 9. Amendment of section 53 of Principal Act.

**9**.— Section 53 (as amended by item 57 of Part 6 of Schedule 7 to the Health Act 2004) of the Principal Act is amended by inserting “or school age service” after “pre-school service”.

##### 10. Amendment of section 55 of Principal Act.

**10**.— Section 55 (as amended by item 59 of Part 6 of Schedule 7 to the Health Act 2004) of the Principal Act is amended—

(*a*) in subsections (1) and (2), by inserting “or school age service” after “service”, and

(*b*) in subsection (3), by inserting “or school age children” after “children”.

##### 11. Amendment of section 56 of Principal Act.

**11**.— Section 56 (as amended by item 60 of Part 6 of Schedule 7 to the Health Act 2004) of the Principal Act is amended—

(*a*) in subsections (1) and (2), by inserting “or school age services” after “services”, and

(*b*) in subsection (3), by inserting “or school age services” after “pre-school services”.

##### 12. Amendment of section 57 of Principal Act.

**12**.— Section 57(2) of the Principal Act is amended by inserting “or school age service, or both” after “service”.

##### 13. Substitution of section 58 of Principal Act.

**13**.— Section 58 of the Principal Act is repealed and the following section substituted:

“Exemptions.

58.— (1) Regulations under section 50 and sections 51 to 57 shall not apply to—

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

(*b*) a person taking care of one or more children of the same family and no other children (other than that person’s own children) in that person’s home.

(2) Sections 51 to 57 shall not apply to a person taking care of not more than 5 children, of whom not more than 3 may be pre-school children, of different families (but excluding that person’s own children) in that person’s home.

(3) In this section, ‘child’ means a person who has not attained the age of 18 years.”.

##### 14. Definition of “Act of 2001”.

##### 15. Amendment of section 16 of Act of 2001.

##### 16. Amendment of section 76A of Act of 2001.

##### 17. Amendment of section 77 of Act of 2001.

##### 18. Amendment of section 225 of Act of 2001.

##### 19. New section 226A in Act of 2001.

##### 20. Substitution of section 227 of Act of 2001.

##### 21. Amendment of other Acts and of statutory instruments to change name of Special Residential Services Board to Children Acts Advisory Board.

## SCHEDULE Amendment of Acts and Statutory Instruments to Change Name of Special Residential Services Board to Children Acts Advisory Board

## PART 1 Amendment of Acts to Change Name of Special Residential Services Board to Children Acts Advisory Board

| Item | Provision affected | Amendment |

| --- | --- | --- |

| 1. | Section 23A(2)(*b*) (as inserted by section 16 of the Children Act 2001 and amended by section 75 of the Health Act 2004) of the Child Care Act 1991 | Delete “Special Residential Services Board” and substitute “Children Acts Advisory Board”. |

| 2. | Section 23B(1) (as inserted by section 16 of the Children Act 2001 and amended by section 75 of the Health Act 2004) of the Child Care Act 1991 | Delete “Special Residential Services Board” and substitute “Children Acts Advisory Board”. |

| 3. | Paragraph 143 (inserted by section 5(*e*) of the Finance Act 2004) of the Taxes Consolidation Act 1997 | Delete “Special Residential Services Board” and substitute “Children Acts Advisory Board”. |

## PART 2 Amendment of Statutory Instruments to Change Name of Special Residential Services Board to Children Acts Advisory Board

| Item | Provision affected | Amendment |

| --- | --- | --- |

| 1. | Regulation 3 of the Child Care (Special Care) Regulations 2004 (S.I. No. 550 of 2004) | (*a*) Insert the following after the definition of “authorised officer”: |

| | | “ “Children Acts Advisory Board” means the Board within the meaning of section 225 (1) (as amended by *section 18* of the *Child Care (Amendment) Act 2007*) of the Children Act 2001;”. |

| | | (*b*) Delete the definition of “Special Residential Services Board”. |

| 2. | Regulation 25 (2)(*o*) of the Child Care (Special Care) Regulations 2004 | Delete “Special Residential Services Board” and substitute “Children Acts Advisory Board”. |

| 3. | Regulation 26 of the Child Care (Special Care) Regulations 2004 | (*a*) In paragraph (3)(*b*)(iv), delete “Special Residential Services Board” and substitute “Children Acts Advisory Board”. |

| | | (*b*) In paragraph (9), delete “Special Residential Services Board” and substitute “Children Acts Advisory Board”. |

| 4. | Schedule to the Ethics in Public Office (Prescribed Public Bodies, Designated Directorships of Public Bodies and Designated Positions in Public Bodies) Regulations 2004 | In column (2), opposite reference number 182, delete “Special Residential Services Board” and substitute “Children Acts Advisory Board”. |

| 5. | Schedule to the Freedom of Information Act 1997 (Prescribed Bodies) Regulations 2006 | Delete “Special Residential Services Board” and substitute “Children Acts Advisory Board”. |