Child and Family Agency Act 2013

(2) A statutory body, where it has entered into a service contract with the Agency, shall appoint, from among its employees, persons to be authorised officers for the purpose of the contract and shall, as soon as may be, inform the Agency of any such appointment and such persons shall have all the powers available to authorised officers under this Act or F49[Part VIIA] of the Child Care Act 1991 when carrying out duties under a service contract.

(3) Every authorised officer appointed under this section shall be furnished, by the statutory body concerned, with a warrant of his or her appointment as an authorised officer and when exercising any power conferred on him or her by this section shall, if requested by a person affected by such exercise, produce the warrant or a copy thereof to that person.

(4) An appointment made under this section shall cease where—

(a) the relevant service contract is terminated,

(b) the appointment is for a fixed period, upon the expiry of that period, or

(c) where the person appointed ceases to be an employee of the statutory body concerned.

(5) Where a contract has been entered into in accordance with subsection (1), proceedings in relation to a summary offence may be brought and prosecuted by the statutory body concerned.

(6) In this section “service”includes the use of premises or equipment and the use of services or employees.

58. Particular arrangements — special care and residential places

58. (1) The Agency may make arrangements with any suitable person to discharge its obligations under section Part IVA and Part VI of the Child Care Act 1991 (as amended by the Child Care (Amendment) Act 2011).

(2) A person referred to in subsection (1) shall—

(a) keep in such form as may be approved by the Agency, in accordance with any general direction issued by the Minister, all proper and usual accounts and records of income received and expenditure incurred by it,

(b) submit such accounts annually for audit, and

(c) supply a copy of the audited accounts and the auditor’s certificate and report on the accounts to the Agency within such period as may be specified by the Agency.

(3) The expenses of an audit of accounts submitted in accordance with subsection (2) are payable by the person submitting them.

(4) The Agency may request from a person referred to in subsection (1) any information that it considers material to the provision of a service by such a person in such form as it may specify.

(5) A person shall comply with a request made under subsection (4) within a reasonable period of time.

(6) Where a person fails to comply with a request made under subsection (4), the Agency—

(a) shall not enter into an arrangement with that person under subsection (1), and

(b) where such an arrangement has been entered into, the Agency may proceed to terminate the arrangement.

(7) At the Minister’s request, the Agency shall supply the Minister with any information obtained in response to a request under subsection (4).

(8) Nothing in this Act shall empower the Agency to delegate to a service provider the duty imposed on it under section 4 of the Child Care Act 1991 to take a child into its care or to make an application for an order under Part III, IV, IVA (as amended by the Child Care (Amendment) Act 2011) or VI of that Act.

(9) The Minister may prescribe requirements relating to the provision of services by service providers in accordance with this section.

(10) For the avoidance of doubt, an arrangement under this section shall not give rise to an employment relationship between a service provider and its employees or agents on the one hand and the Agency on the other.

59. Supplemental service

59. (1) The Agency may, subject to any directions given by the Minister F50[or the Minister for Education] in accordance with section 47, and on such terms and conditions as it considers appropriate, give assistance to a person that provides or proposes to provide, otherwise than for profit, a service supplemental to services provided by the Agency.

(2) Assistance under this section may be provided by—

(a) a grant, or

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

(3) Assistance may be provided to a person under this section whether or not the person is also a service provider who has entered into an arrangement under section 56.

(4) The Agency may make such arrangements, including the imposition of requirements on a person, as it considers appropriate to monitor—

(a) the use of grant aid, and

(b) where the person provides services directly to a child or family, the provision of those services.

(5) The Agency may request a person to provide it with any information that it considers material to accountability in respect of the funds provided.

(6) A person shall within a reasonable period of time comply with any requirement imposed by the Agency under subsection (4) or any request made by the Agency under subsection (5).

(7) Where a person fails to comply with a requirement under subsection (4) or a request under subsection (5), the Agency may not give further assistance to that person under subsection (1).

(8) In this section “service supplemental to services provided by the Agency” means—

(a) the provision of a community development resource to promote child and family support services, or

(b) activities which are ancillary to child and family support services provided by the Agency or by a service provider on its behalf.

PART 9 Complaints

60. Definitions (Part 9)

60. In this Part—

“action” means anything done or omitted to be done—

(a) by the Agency, or

(b) by a service provider in connection with the provision of a service that is the subject of an arrangement under section 56 or 58;

“close relative”, in relation to another person, means a person who—

(a) is a parent, guardian, son, daughter, spouse or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 of the other person, or

(b) is cohabiting with the other person;

“complainant” means a person who is entitled under section 61 to make a complaint under this Part on the person’s own behalf or on behalf of another;

“complaint”means a complaint made under this Part about any action of the Agency or a service provider in accordance with procedures established under section 64(1)(a) that—

(a) it is claimed does not accord with fair or sound administrative practice, and

(b) adversely affects the person by whom or on whose behalf the complaint is made;

“complaints officer” means a person designated—

(a) by the Agency for the purpose of dealing with complaints made to it in accordance with procedures established under section 64(1)(a), or

(b) by a service provider for the purpose of dealing with complaints made to the service provider in accordance with procedures established under section 64(1)(a) or (2).

61. Persons who may make complaints

61. (1) Any person who is being or was provided with a service by the Agency or by a service provider or who is seeking or has sought provision of such service may complain, in accordance with the procedures established under this Part, about any action of the Agency or a service provider that—

(a) it is claimed does not accord with fair and sound administrative practice, and

(b) adversely affects or affected that person.

(2) For the purposes of this Part, an action does not accord with fair and sound administrative practice if it is—

(a) taken without proper authority,

(b) taken on irrelevant grounds,

(c) the result of negligence or carelessness,

(d) based on erroneous or incomplete information,

(e) improperly discriminatory,

(f) based on undesirable administrative practice, or

(g) in any other respect contrary to fair or sound administration.

(3) If a person entitled under this section to make a complaint is unable to do so because of age, illness or disability, the complaint may be made on that person’s behalf by—

(a) a close relative or carer of the person,

(b) any person who, by law or by appointment of a court, has the care of the affairs of that person,

(c) any legal representative of the person,

(d) any other person with the consent of the person, or

(e) any other person who is appointed as prescribed in regulations made under section 68.

(4) If a person who would otherwise have been entitled under this section to make a complaint is deceased, a complaint may be made by a person who, at the time of the action in relation to which the complaint is made, was a close relative or carer of that person.

62. Time limit for making complaints

62. (1) A complaint must be made within the period specified under subsection (2) or the extended time limit under subsection (3).

(2) The specified period is 12 months beginning not later than—

(a) the date of the action giving rise to the complaint, or

(b) the date the person by whom or on whose behalf the complaint is to be made became aware of the action giving rise to the complaint.

(3) A complaints officer may extend the time limit for making a complaint if in the opinion of the complaints officer special circumstances make it appropriate to do so.

63. Matters excluded from right to complain

63. (1) A person is not entitled to make a complaint about any of the following matters:

(a) a matter that is or has been the subject of legal proceedings before a court or tribunal or the subject of an appeal under section 15 of the Education (Welfare) Act 2000;

(b) a matter relating solely to the exercise of clinical judgment by a person acting on behalf of either the Agency or a service provider;

(c) an action taken by the Agency or a service provider solely on the advice of a person exercising clinical judgment in the circumstances described in paragraph (b);

(d) a matter relating to the recruitment or appointment of an employee by the Agency or a service provider;

(e) a matter relating to or affecting the terms or conditions of a contract of employment that the Agency or a service provider proposes to enter into or of a contract with a consultant or adviser that the Agency proposes to enter into under section 55;

(f) a matter relating to the Social Welfare Acts;

(g) a matter that could prejudice an investigation being undertaken by the Garda Síochána;

(h) a matter that has been brought before any other complaints procedure established under an enactment.

(2) Subsection (1)(h) does not prevent a complaints officer from dealing with a complaint that was made to the Ombudsman or the Ombudsman for Children and that is referred by him or her to a complaints officer.

(3) In relation to a contract referred to in subsection (1)(e) “terms or conditions”includes terms or conditions relating to superannuation benefits, disciplinary procedures or grievance procedures.

64. Complaint and review procedures to be established

64. (1) Subject to subsection (2) and any regulations under section 68, the Agency shall establish procedures for—

(a) dealing with complaints against the Agency or a service provider, and

(b) reviewing, at the request of a complainant, any recommendation made by a complaints officer following the investigation of a complaint.

(2) Any service provider may, with the agreement of the Agency, establish procedures, in place of the procedures established under subsection (1)(a), for dealing with complaints against the service provider.

(3) The Agency may agree to a service provider establishing such procedures if satisfied that they will be of a comparable standard to the procedures established by the Agency under subsection (1)(a).

(4) Subject to any regulations under section 68, the Agency may assign to another person the Agency’s functions under subsection (1).

65. Refusal to investigate or further investigate complaints

65. (1) A complaints officer shall not investigate a complaint if—

(a) the person who made the complaint is not entitled under section 61 to do so either on the person’s own behalf or on behalf of another,

(b) the complaint is made after the expiry of the period specified in section 62(2) or any extension of that period allowed under section 62(3).

(2) A complaints officer may decide not to investigate or further investigate an action to which a complaint relates if, after carrying out a preliminary investigation into the action or after proceeding to investigate such action, that officer—

(a) is of the opinion that—

(i) the complaint does not disclose a ground of complaint provided for in section 61,

(ii) the subject matter of the complaint is excluded by section 63,

(iii) the subject matter of the complaint is trivial, or

(iv) the complaint is vexatious or not made in good faith,

or

(b) is satisfied that the complaint has been resolved.

(3) A complaints officer shall, as soon as practicable after determining that he or she is prohibited by subsection (1) from investigating a complaint or after deciding under subsection (2) not to investigate or further investigate a complaint, inform the complainant in writing of the determination or decision and the reasons for it.

66. Restriction on type of recommendations complaints officers may make and power to suspend implementation of recommendations

66. (1) A complaints officer shall not, following the investigation of a complaint, make a recommendation the implementation of which would require or cause—

(a) the Agency to make a material amendment to its business plan prepared under section 46 or its corporate plan approved under section 42, or

(b) a service provider and the Agency to make a material amendment to an arrangement under section 56 or 58.

(2) If, in the opinion of the relevant person, such a recommendation is made, that person shall either—

(a) amend the recommendation in such manner as makes the amendment to the business plan, corporate plan or arrangement unnecessary, or

(b) reject the recommendation and take such other measures to remedy, mitigate or alter the adverse effect of the matter to which the complaint relates as the relevant person considers appropriate.

(3) Pending the outcome of a review, the relevant person may suspend the implementation of a recommendation made by a complaints officer if satisfied that, in the interests of fair and sound administration, it is appropriate to do so.

(4) In this section “relevant person” means—

(a) in relation to a complaint dealt with by the Agency in accordance with the procedures established under section 64(1), the chief executive officer, and

(b) in relation to a complaint dealt with in accordance with the procedures established by a service provider under section 64(2), the service provider.

67. Adherence to complaint and review procedures to be condition of arrangements with service providers

67. (1) It is a condition of any arrangement under section 56 or 58 with a service provider that the service provider shall—

(a) adhere to the complaints procedures established by the Agency in accordance with section 64(1) and any regulations under section 68, or

(b) establish the procedures agreed under section 64(2) and adhere to those procedures.

(2) In addition, it is a condition of such arrangement that the service provider shall co-operate with the Agency, or with any person to which the Agency assigns its functions under section 64(4), in any review of a recommendation made by a complaints officer following the investigation of a complaint against the service provider.

(3) The Agency shall exercise any rights or remedies available to it under such arrangement if the service provider concerned does not fulfil any of the applicable conditions specified in subsections (1) and (2).

68. Regulations for the purposes of this Part

68. The Minister may prescribe matters, including the following, for the purposes of this Part:

(a) requirements to be complied with by complainants;

(b) the appointment of persons as complaints officers and the functions of complaints officers;

(c) the procedure to be followed in investigating complaints;

(d) the making of recommendations by complaints officers following the investigation of complaints and the nature of the recommendations that, subject to section 66, they are authorised to make;

(e) the implementation of recommendations made by complaints officers;

(f) the appointment of persons as review officers and the functions of those officers;

(g) the procedure to be followed in undertaking reviews;

(h) the making of recommendations by review officers following the review of a complaint and the nature of the recommendations that they are authorised to make;

(i) the implementation of recommendations made by review officers;

(j) the assignment by the Agency of functions under section 64(4).

69. Referral of complaints to Ombudsman or Ombudsman for Children

69. (1) Nothing in this Part prohibits or prevents any person who is dissatisfied with a recommendation made or step taken in response to a complaint under this Part or with a review under this Part from referring the complaint to the Ombudsman or the Ombudsman for Children.

(2) For the purposes of the Ombudsman Acts 1980 to 2012 and the Ombudsman For Children Act 2002, any action taken by a service provider in relation to a service in respect of which the service provider has entered into an arrangement under section 56 or 58 is deemed to have been taken by the Agency.

70. Annual report to include report on complaints and reviews

70. (1) The Agency shall submit to the Minister F51[and the Minister for Education], as part of the Agency’s annual report, a general report on the performance of its functions under this Part during the previous year containing such information as the Agency considers appropriate or as the Minister F51[or the Minister for Education] may specify.

(2) A service provider who has established a complaints procedure by agreement with the Agency shall in each year, at such time and in such manner as the Agency may determine, provide the Agency with a general report on the complaints received by the service provider during the previous year indicating—

(a) the total number of complaints received,

(b) the nature of the complaints,

(c) the number of complaints resolved by informal means, and

(d) the outcome of any investigations into the complaints.

(3) If the Agency assigns its functions under section 64(4) to another person, that person shall in each year, at such time and in such manner as the Agency may determine, provide the Agency with a general report on the complaints dealt with and reviews conducted by it during the previous year indicating—

(a) the total number of complaints and reviews,

(b) the nature of the complaints and reviews, and

(c) the outcome of the complaints and reviews.

PART 10 Dissolution of Family Support Agency and National Educational Welfare Board

71. Dissolution of Family Support Agency and National Educational Welfare Board

71. On the establishment day the Family Support Agency and the National Educational Welfare Board are dissolved.

72. Transfer of functions to Agency

72. (1) The administration and business in connection with the performance of any of the functions transferred by subsection (2) are transferred, on the establishment day, to the Agency.

(2) The functions vested in the National Educational Welfare Board by or under section 10(1) of the Education (Welfare) Act 2000 shall, on the establishment day, stand transferred to the Agency.

73. Transfer of members of staff of dissolved bodies

73. (1) Each person who, immediately before the establishment day, was a member of staff of a dissolved body is, on that day, transferred to and becomes a member of staff of the Agency.

(2) Save in accordance with any enactment or a collective agreement negotiated with any recognised trade union or staff association, a person transferred to the Agency under subsection (1) shall not, on the establishment day, 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 establishment day.

(3) In relation to persons transferred to the Agency under subsection (1), previous service with a dissolved body shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the Redundancy Payments Acts 1967 to 2007, 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 and the Unfair Dismissals Acts 1977 to 2007.

74. Property and rights and liabilities of dissolved bodies

74. (1) On the establishment day, all property that was immediately before that day, the property of a dissolved body is to be transferred to and vested in the Agency without any conveyance or assignment.

(2) All rights and liabilities of a dissolved body arising by virtue of any contract, agreement or arrangement—

(a) entered into by or on behalf of a dissolved body before the establishment day, and

(b) in effect immediately before the establishment day,

are on the establishment day transferred to the Agency.

(3) Each right and liability transferred under this section, on or after its transfer to the Agency, may be sued on, recovered or enforced by or against the Agency in the Agency’s own name.

(4) The Agency need not give notice of the transfer to the person whose right or liability is transferred to the Agency.

75. Preservation of contracts made by dissolved bodies

75. Every contract, agreement or arrangement made between a dissolved body or any trustee or agent thereof acting on its behalf, and any other person, which is in force immediately before the establishment day, shall continue in force and shall be construed and have effect as if the name of the Agency were substituted therein for that of the dissolved body concerned or, as may be appropriate, its trustee or agent, and shall be enforceable by or against the Agency.

76. Records of dissolved bodies

76. Each record held by a dissolved body immediately before the establishment day shall, on that day, stand transferred to the Agency and shall, on and after that day, be the property of the Agency and be regarded as being held by the Agency.

77. Liability for loss occurring before establishment day

77. (1) A claim in respect of any loss or injury alleged to have been suffered by any person arising out of the performance before the establishment day of any of the functions of a dissolved body shall on and after that day, lie against the Agency and not against the dissolved body concerned.

(2) Any legal proceedings pending immediately before the establishment day to which a dissolved body is a party, shall be continued, with the substitution in the proceedings of the Agency, in so far as they so relate, for the dissolved body concerned.

(3) Where, before the establishment day, agreement has been reached between the parties concerned in settlement of a claim to which subsection (1) relates, the terms of which have not been implemented, or judgment in such a claim has been given in favour of a person but has not been enforced, the terms of the agreement or judgment, as the case may be, shall, in so far as they are enforceable against a dissolved body, be enforceable against the Agency and not the dissolved body concerned.

(4) Any claim made or proper to be made by a dissolved body in respect of any loss or injury arising from the act or default of any person before the establishment day shall be regarded as having been made by or proper to be made by the Agency and may be pursued and sued for by the Agency as if the loss or injury had been suffered by the Agency.

78. References to dissolved bodies in enactments made before establishment day

78. References (however expressed) to a dissolved body in any enactment or instrument under an enactment shall after the establishment day, unless the context otherwise requires, be construed as references to the Agency.

79. Final accounts of dissolved bodies

79. (1) As soon as may be, but not more than 3 months, after the establishment day, the Agency shall cause to be prepared final accounts of each dissolved body in respect of the accounting period or part thereof of the dissolved body concerned ending immediately before the establishment day.

(2) Accounts prepared pursuant to this section shall be submitted by the Agency to the Comptroller and Auditor General as soon as may be for audit and, immediately after the audit, a copy of the accounts as so audited and a copy of the Comptroller and Auditor General’s report thereon shall be presented to the Minister who shall cause copies of those accounts and that report to be laid before each House of the Oireachtas.

80. Final annual report of dissolved bodies

80. (1) The Agency shall prepare a final annual report for each of the dissolved bodies and shall submit that report to the Minister not later than 6 months after the establishment day.

(2) Subsections (4) to (6) of section 13 shall apply in relation to publication of the final annual report.

81. Transitional provisions consequent upon transfer of functions of dissolved bodies

81. Anything commenced by or under the authority of a dissolved body and not completed before the establishment day may be carried on or completed on or after the establishment day by the Agency.

PART 11 Transfer of Certain Staff, Functions, etc. of Health Service Executive to Agency

82. Transfer of certain functions of Health Service Executive

82. (1) The administration and business in connection with the performance of any of the functions transferred by subsection (2) are transferred, on the establishment day, to the Agency.

(2) The functions vested in the Health Service Executive by or under the enactments specified in Schedule 1 shall, on the establishment day, stand transferred to the Agency.

83. Transfer of certain employees of Health Service Executive

83. (1) Such persons as are designated by the Minister for Health, following consultation with the Minister, and who, immediately before the establishment day, were employees of the Health Service Executive, shall, on such day or days as may be specified for the purpose by the Minister for Health, following consultation with the Minister, be transferred to and become members of staff of the Agency.

(2) Save in accordance with any enactment or a collective agreement negotiated with any recognised trade union or staff association, a person transferred to the Agency under subsection (1) shall not, on the establishment day, 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 establishment day.

(3) In relation to persons transferred to the Agency under subsection (1), previous service with the Health Service Executive shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the Redundancy Payments Acts 1967 to 2007, 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 and the Unfair Dismissals Acts 1977 to 2007.

84. Land and other property of Health Service Executive

84. On the establishment day, all such land and other property as is agreed between the Minister and the Minister for Health, which immediately before that day, was the property of the Health Service Executive shall be transferred to and vested in the Agency without any conveyance or assignment.

85. Transfer of rights and liabilities of Health Service Executive

85. (1) All rights and liabilities of the Health Service Executive arising by virtue of any contract, agreement or arrangement, or commitment (express or implied) entered into by the Health Service Executive and all obligations imposed on the Health Service Executive by virtue of an order of a court or tribunal before the establishment day, insofar as they relate to functions transferred under section 82, shall, on that establishment day, stand transferred to the Agency.

(2) Every right and liability transferred by subsection (1) may, on and after the transfer, be sued on, recovered or enforced by or against the Agency in its name and it shall not be necessary for the Agency to give notice to a person whose right or liability is transferred by that subsection.

86. Preservation of contracts of Health Service Executive

86. (1) Every contract, agreement or arrangement insofar as it relates to functions transferred under section 82 made between the Health Service Executive or any trustee or agent thereof acting on its behalf, and any other person, which is in force immediately before the establishment day, shall continue in force and shall be construed and have effect as if the name of the Agency were substituted therein for that of the Health Service Executive or, as may be appropriate, its trustee or agent, and shall be enforceable by or against the Agency.

(2) Notwithstanding subsection (1), where a contract, agreement or arrangement relates to a service required in connection with the performance of a function transferred under section 82 and also relates to a service required in connection with the performance of a function which, after the establishment day, remains a function of the Health Service Executive, the Health Service Executive and the Agency may agree in writing that such contract, agreement or arrangement shall continue in force as if the name of the Agency were included therein with that of the Health Service Executive or, as may be appropriate, its trustee or agent, and the contract, agreement or arrangement concerned shall be enforceable by or against the Agency in so far as the service the subject matter of the contract, agreement or arrangement is required in connection with the performance of a function transferred under section 82 and by or against the Health Service Executive in so far as the service the subject matter of the contract, agreement or arrangement is required in connection with the performance of a function of the Health Service Executive.

87. Records of Health Service Executive

87. Each record held by the Health Service Executive immediately before the establishment day insofar as it relates to functions transferred under section 82 shall, on that establishment day, stand transferred to the Agency and shall, on and after that establishment day, be the property of the Agency and be regarded as being held by the Agency.

88. Pending legal proceedings — Health Service Executive

88. Where, immediately before the establishment day, legal proceedings to which the Health Service Executive is a party and which relate to functions referred to in section 82 are pending, the name of the Agency, on the establishment day, shall be substituted for that of the Health Service Executive in the proceedings and the proceedings shall not abate by reason of that substitution.

89. Continuation of delegations and sub-delegations made under Health Act 2004

89. (1) A delegation or a sub-delegation made under the Health Act 2004 (amended by the Health Service Executive (Governance) Act 2013), which relates to a function transferred to the Agency under this Act, shall continue to have effect where the employee to whom the function was delegated or sub-delegated is transferred to and becomes a member of staff of the Agency under section 83.

(2) The Agency may amend or revoke a delegation or sub-delegation referred to in subsection (1).

90. References to Health Service Executive in enactments made before establishment day

90. References (however expressed) to the Health Service Executive in any enactment or instrument under an enactment shall after the establishment day, insofar as they relate to a function transferred to the Agency by section 82 unless the context otherwise requires, be construed as references to the Agency.

91. Transitional provisions consequent upon transfer of certain functions of Health Service Executive

91. Anything commenced by or under the authority of the Health Service Executive and not completed before the establishment day may, insofar as it relates to a function transferred to the Agency under section 82, be carried on or completed on or after the establishment day by the Agency.

PART 12 Amendment of Child Care Act 1991

92. Amendment of Child Care Act 1991

92. The Child Care Act 1991 is amended by the insertion of the following after Part VII:

“PART VIIA

Supervision of Early Years Services

Definitions for this Part

58A. In this Part—

‘Agency’ has the same meaning as it has in the Child and Family Agency Act 2013;

‘arts’ has the same meaning as it has in the Arts Act 2003;

‘authorised person’ means a person appointed under section 58I to be an authorised person for the purposes of this Part;

‘competitive sport’ has the same meaning as it has in the Irish Sports Council Act 1999;

‘early years service’ means a service providing—

(a) a pre-school service, or

(b) a school age service;

‘pre-school child’ means a child who has not attained the age of six years, and who is not attending a recognised school;

‘pre-school service’ means any pre-school, play group, day nursery, crèche, day-care or other similar service which caters for pre-school children;

‘recognised school’ has the same meaning as it has in the Education Act 1998;

‘recreational sport’ has the same meaning as it has in the Irish Sports Council Act 1999;

‘register’ means the register established and maintained in accordance with section 58C;

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

‘school age service’ means any early years service, play group, day nursery, crèche, day-care or other similar service which—

(a) caters for children enrolled in a recognised school providing primary education,

(b) provides a range of activities that are developmental, educational and recreational in manner and which take place outside of school hours, and

(c) the basis for access to which is made publicly known to the parents and guardians of the children referred to in paragraph (a) of this definition,

but excludes those services—

(i) solely providing activities relating to—

(I) the Arts,

(II) youth work,

(III) competitive or recreational sport, or

(IV) tuition,

or

(ii) for whom statutory provision for inspection exists, prior to the commencement of this section;

‘youth work’ has the same meaning as it has in the Youth Work Act 2001.

Regulations

58B. (1) The Minister shall, after consultation with the Minister for Education and Skills and the Minister for the Environment, Community and Local Government, make regulations for the purpose of securing the health, safety and welfare and promoting the development of children attending early years services.

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

(a) prescribe any matter or thing referred to in this Part as prescribed or to be prescribed,

(b) prescribe requirements as to the heating, lighting, ventilation, cleanliness, repair and maintenance of premises in which early years services are carried on and as to the equipment and facilities to be provided,

(c) provide for the enforcement and execution of the regulations by the Agency,

(d) prescribe the fees to be paid to the Agency by persons carrying on prescribed early years services towards the cost of inspections under this Part,

(e) prescribe the minimum level of qualifications for any class or classes of persons working in an early years service, and

(f) prescribe any additional particulars and details required in relation to the register.

(3) Regulations under this section may—

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

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

(c) provide for exemptions from any provision or provisions of the regulations for a specified class or classes of early years services.

Register

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

(2) The register shall contain the names of persons who provide prescribed early years services (‘registered providers’), the addresses of the premises on which those services are provided, the number of children each service can accommodate, the date of registration and any other details required by regulations made under section 58B.

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

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

Registration

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

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

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

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

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

(a) register the provider concerned,

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

(c) refuse to register that provider or proposed provider.

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

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

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

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

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

(9) The Agency shall refuse to register an applicant and shall remove from the register a registered provider—

(a) who has been convicted of—

(i) an offence under this Part, or

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

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

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

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

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

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

(a) make representations to the Agency, or

(b) appeal to the District Court under section 58F against the decision.

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

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

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

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

Notice to Health Service Executive

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

Appeals to District Court

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

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

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

(c) attach a condition, or amend or revoke a condition attached, to that registration.

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

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

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

Duty of person providing early years service

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

Supervision of early years services

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

Authorised persons

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

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

Inspection by authorised persons

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

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

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

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

Offences under Part VIIA

58K. (1) A person who—

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

(b) contravenes a condition of registration under section 58D, or

(c) contravenes the requirements of this Part or of any regulations made thereunder,

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

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

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

Exemptions from provisions of this Part

58L. For the avoidance of doubt it is hereby declared that the provisions of this Part shall not apply to—

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

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

(c) a person taking care of not more than 3 children of different families (other than that person’s own such children) in that person’s home.”.

PART 13 Miscellaneous

93. Continuation of appointments, designations and authorisations

93. Any person who is, immediately before enactment—

(a) appointed an educational welfare officer or an authorised person or designated a liaison officer under the Education (Welfare) Act 2000;

(b) a person authorised to carry out functions under section 12 of the Adoption Act 2010;

(c) appointed a coordinator under theChildren Act 2001;

(d) a designated officer under the Protections for Persons Reporting Child Abuse Act 1998;

(e) appointed an authorised person or an authorised officer under the Child Care Act 1991,

continues to hold that appointment, designation or authorisation until it is revoked or amended by the Agency.

94. Agency’s discretion to publish other reports

94. (1) The Agency, as it considers relevant and appropriate, may prepare and adopt reports in addition to the annual report on matters related to the Agency’s activities and functions.

(2) As soon as may be, but in any event not later than 14 days after adopting a report under subsection (1), the Agency shall submit a copy of that report to the Minister F52[and, in a case where that report relates to the education welfare functions of the Agency, the Minister for Education].

(3) The Agency shall, as soon as practicable after submitting the report to the Minister F52[and, where required undersubsection (2), to the Minister for Education], publish a report adopted under subsection (1)—

(a) on the Internet, or

(b) in such other manner as the Minister F52[or, where a report has been submitted to the Minister for Education, that Minister,] may specify.

95. Charges in relation to functions

95. (1) Notwithstanding section 70 of the Child Care Act 1991, the Agency may, with the consent of the Minister F53[and, in respect of the performance by the Agency of its education welfare functions, with the consent of the Minister for Education], make regulations specifying such charges as it considers necessary and appropriate in consideration of—

(a) the performance by it of its functions under paragraphs (a), (b) and (c) of section 8(1), and

(b) services provided by it under section 37 of the Adoption Act 2010.

(2) A charge shall not be specified under subsection (1) for a service provided by the Agency to a person under 18 years.

(3) A charge specified in regulations made under subsection (1) may be reduced or waived if the Agency is of the opinion that, having regard to the financial circumstances of the person concerned (including whether or not that person has dependants), it is necessary to do so in order to avoid undue financial hardship in relation to that person.

(4) The Agency may recover, as a simple contract debt in any court of competent jurisdiction, from any person by whom it is payable any amount due and owing under subsection (1).

96. Amendment of the Taxes Consolidation Act 1997

96. The Taxes Consolidation Act 1997 is amended by the insertion of the following after section 896B (inserted by the Finance Act 2010):

“896C. (1) In this section—

‘Acts’ has the meaning assigned to it by section 1078(1);

‘Agency’ means the Child and Family Agency.

(2) The Agency shall, at such intervals as are specified by the Revenue Commissioners, supply to the Revenue Commissioners such information held by the Agency for the purposes of Part VIIA of the Child Care Act 1991 as may be required for the performance of the functions of the Revenue Commissioners under the Acts.”.

97. Consequential amendments of other Acts

97. The enactments specified in Schedule 2 are amended as indicated in that Schedule.