Reform history

# Child and Family Agency Act 2013

(i) an institution of higher education (within the meaning of the Higher Education Authority Act 1971) in receipt of public funding;

**3**. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.

(f) undertake or commission research into matters related to the functions specified in *paragraphs (a)*, *(b)*, *(c)* and *(d)* or into such other matters as the Minister may request, and

(g) provide information or advice, or make proposals, to the Minister on matters relating to the functions of the Agency.

(4) The Agency shall, in performing its functions in respect of an individual child under the Child Care Act 1991, the Education (Welfare) Act 2000, the Adoption Act 2010 or *section 8(1)(c)* or *8(3)*, ensure that the views of that individual child, where that child is capable of forming and expressing his or her own views, be ascertained and given due weight having regard to the age and maturity of the child.

(b) a report in relation to the implementation of the Agency”s corporate plan approved under *section 42*,

(c) a report in relation to the implementation of the Agency”s business plan submitted to the Minister under *section 46*,

(d) an indication of the Agency”s arrangements for implementing the code of governance prepared in accordance with *section 50*,

(f) other particulars that the Agency considers appropriate or as the Minister after consulting the Minister for Health and the Minister for Education and Skills may require, and

(3) As soon as may be, but in any event not later than 21 days after adopting the annual report, the Agency shall submit a copy of the annual report to the Minister.

(a) monitor and keep under review occurrences and developments concerning matters relating to its functions, and

(ii) any other occurrence or development that falls within a class of occurrences or developments of public interest or concern that has been specified in writing by the Minister.

(2) The Minister may issue guidelines in relation to the furnishing of information under *subsection (1)* and, if he or she does so, the Agency shall comply with those guidelines.

(4) A report under *subsection (3)* shall—

(specified in the requirement.

(2) Nothing contained in an enactment, and no rule of law, which would require obtaining the consent of a person in order for the Agency to furnish the Minister with information or documents referred to in *subsection (1)*, shall operate to prohibit or render such furnishing unlawful.

(3) Nothing contained in an enactment, and no rule of law, relating to the non-disclosure or confidentiality of information or documents, shall operate to prohibit the Agency from furnishing the Minister with information or documents under this section, or render such furnishing unlawful.

(a) prohibit the Agency from furnishing the Minister, under this section, with information or documents prepared in relation to, or given in evidence in, such proceedings, whether such proceedings were brought before or after the establishment day, or

**16**. (1) Where the Minister has appointed a person to examine or inquire into any matter, and considers that any information or document that has been furnished under *section 14* or *15* may be relevant to that examination or inquiry, the Minister may furnish that information or document to that person, and that person may receive that information or document.

(2) Nothing contained in an enactment, and no rule of law, which would require obtaining the consent of another person in order for the Minister to furnish a person referred to in *subsection (1)* with any information or document referred to in *section 14* or *15*, shall operate to prohibit or render unlawful such furnishing, notwithstanding that no such consent has been obtained.

(3) Nothing contained in an enactment, and no rule of law, relating to the non-disclosure or confidentiality of any information or document, shall operate to prohibit the Minister from furnishing a person referred to in *subsection (1)* with information or documents referred to in *section 14* or *15*.

**17**. (1) Subject to *subsection (2)*, the Minister may use any information or documents furnished under *section 14* or *15* as he or she requires for the performance of his or her functions (whether under this Act or otherwise).

**18**. Nothing in *sections 14* to *17* shall limit any power of the Minister to require information from or issue directions to the Agency (whether under this Act or otherwise), or to affect, except to the extent required by those sections, the functions of the Agency or the Minister.

**19**. (1) The Agency shall have a Board consisting of a chairperson, a deputy chairperson and 7 ordinary members appointed by the Minister.

**20**. (1) If an appointed member resigns, dies, ceases to hold office (other than by effluxion of time), ceases to be qualified to hold office or is removed from office, the Minister shall as soon as practicable appoint a person to fill the casual vacancy so arising.

(3) The Board of the Agency shall be accountable to the Minister for the performance of its functions.

(6) The Board shall notify the Minister in writing of any delegation under *subsection (4)* or revocation under *subsection (5)*.

(7) Without prejudice to *section 14*, the Board shall inform the Minister of any matter that it considers requires the Minister’s attention.

(8) The Minister may issue directions to the Board in relation to the delegation of functions to the chief executive officer under *subsection (4)*.

(4) Any 5 members of the Board may call a meeting of the Board if the chairperson—

(a) refuses to call a meeting after being presented with a requisition for that purpose signed by not fewer than 5 Board members, or

(6) The quorum for a meeting of the Board shall be 4 ordinary members of the Board and the chairperson or deputy chairperson, or for a meeting called in accordance with *subsection (4)*, the member chosen under *subsection (5)* to chair the meeting.

(7) Where there is a vacancy on the Board, the number of ordinary members required to be present for a quorum shall be 3.

(d) assist and provide the accounting officer with such information (including financial information and records) relating to the performance of the role of accounting officer within such time and in such format as may be requested by the accounting officer from time to time, and

(e) supply the Minister with such information relating to the performance of his or her functions and the implementation of the Minister’s policies and priorities as the Minister may require.

(b) is made to the Minister by or on behalf of the Agency or in compliance with this Act, or

(3) The Minister may consult the Minister for Health or the Minister for Education and Skills before developing a Performance Framework which includes matters which relate to the functions of those Ministers.

(e) accord with the policies and objectives of the Minister and the Government as they relate to the functions of the Agency.

(c) refuse to approve the plan where the plan is not amended in accordance with any directions that may be given by the Minister to the Agency.

(a) the Minister at any time, or

(ii) the amendment is approved by the Minister.

**44**. (1) The Minister shall develop an annual performance statement (“Performance Statement’) to provide the Agency with specific policy guidance, direction, prioritisation and resource parameters in respect of each year for the preparation of its annual business plan.

(2) The Minister shall provide the Performance Statement to the Board as soon as practicable following the publication by the Government of the annual budget each year.

(3) The Performance Statement shall have regard to the Performance Framework and include the determination of net expenditure pursuant to *section 45*.

(4) The Minister shall not specify a priority or performance target under this section or under *section 41* as respects any function of the Agency relating to a decision concerning the making or recovery of a charge for the provision of a service by or on behalf of the Agency to a particular person or concerning the amount of the charge.

(a) determine the maximum amount of net expenditure that may be incurred by the Agency for that financial year, and

(b) notify the Agency of the determination of net expenditure in the context of the Performance Statement.

(2) Where the Minister considers it appropriate in any particular case, a determination under this section may relate to such period (other than the financial year of the Agency) as the Minister may specify in a notification under *subsection (1)*.

(3) The Minister may amend a determination under *subsection (1)* by varying the maximum amount of net expenditure that the Agency may incur for a particular financial year and, if the Minister varies that amount, the Minister shall notify the Agency in writing of the amendment as soon as may be and the amended determination shall apply and have effect.

**46**. (1) Within 30 days of receipt of the Performance Statement prepared in accordance with *section 44*, the Agency shall submit to the Minister a business plan for the year.

(a) be prepared in accordance with the Performance Statement developed by the Minister under *section 44*,

(e) contain any other information specified by the Minister, and

(f) accord with the policies and objectives of the Minister and the Government as they relate to the functions of the Agency.

(3) In preparing the business plan, the Agency shall have regard to the Performance Statement developed by the Minister under *section 44*, any corporate plan in operation at that time approved under *section 42* and any direction by the Minister given under *section 47*.

(4) The Agency shall implement the business plan prepared in accordance with *subsection (2)* unless the Minister, within 30 days of the submission of the plan, directs the Agency in writing to amend the plan if, in the Minister’s opinion, the plan—

(5) When giving a direction to the Agency under *subsection (4)*, the Minister shall give his or her reasons in writing for the direction to the Agency.

(a) inform the Minister of the measures taken to achieve the priorities determined and the performance targets established under this section and of the outcome of those measures, and

(b) provide that information at intervals specified by the Minister or, if no such intervals are specified, in the annual report.

**47**. (1) Notwithstanding *sections 41* and *44* and directions issued under those sections, the Minister may give an additional direction in writing to the Agency for any purpose relating to this Act and concerning—

(b) the implementation of any policy or objective of the Minister or the Government.

(2) The Agency shall comply with a direction given by the Minister under this section.

(3) As soon as practicable after giving a direction to the Agency pursuant to *subsection (1)*, the Minister shall—

(4) The chairperson shall, within the time specified by the Minister in the direction, inform the Minister of the measures taken by the Agency to comply with that direction.

(5) A direction given by the Minister under *subsection (1)* shall not interfere with the exercise of professional judgment in a particular case in the performance by the Agency of its functions.

(6) The Minister shall not give a direction as respects any function of the Agency relating to a decision concerning the making or recovery of a charge for the provision of a service by or on behalf of the Agency to a particular person or concerning the amount of the charge.

**48**. (1) Notwithstanding the guidance provided by the Performance Framework under *section 41* or a Performance Statement under *section 44*, the Minister may at any time issue additional guidelines in writing to the Agency for the purposes of this Act.

(3) In performing its functions under this Act, the Agency shall have regard to any guidelines issued by the Minister under this section.

**52**. The Minister may, from time to time, with the consent of the Minister for Public Expenditure and Reform, advance to the Agency, out of moneys provided by the Oireachtas, such amounts on such terms and conditions in such manner as the Minister may think fit for the purposes of expenditure by the Agency in the performance of its functions.

**56**. (1) The Agency may, subject to its available resources and having regard to the required level of service identified in the corporate plan or annual business plan and any directions issued by the Minister under *section 47*, enter, on such terms and conditions as it considers appropriate, into an arrangement with a person for the provision of child and family services or services provided pursuant to *section 8(3)(b)*.

(11) When requested to do so by the Minister, the Agency shall supply the Minister with any information obtained in response to a request under *subsection (8)*.

(13) The Minister may prescribe requirements in respect of—

(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 Part VII of the Child Care Act 1991 when carrying out duties under a service contract.

**59**. (1) The Agency may, subject to any directions given by the Minister 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.

##### 60. **Definitions (*Part 9*)**

**70**. (1) The Agency shall submit to the Minister, 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 may specify.

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

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

(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.

(3) The Agency shall, as soon as practicable after submitting the report to the Minister, publish a report adopted under *subsection (1)*—

(b) in such other manner as the Minister may specify.

**95**. (1) Notwithstanding section 70 of the Child Care Act 1991, the Agency may, with the consent of the Minister, make regulations specifying such charges as it considers necessary and appropriate in consideration of—

## SCHEDULE 1 Functions of Health Service Executive Transferred to Agency

Child Care Act 1991

Child Abduction and Enforcement of Custody Orders Act 1991

Refugee Act 1996

Immigration Act 1999

Children Act 2001

Immigration Act 2003

Adoption Act 2010

Family Law Act 1995

Domestic Violence Act 1996

## SCHEDULE 2 Amendments of other Acts

## PART 1 Guardianship of Infants Act 1964

| Item | Provision affected | Amendment |

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

| 1. | Section 15 | In subsection (2)— (a) substitute the following for paragraph (c): “(c) the child has been maintained in the care of the Health Service Executive under section 4 (as amended by section 4 of the Child Care (Amendment) Act 2011) of the Child Care Act 1991 or the Child and Family Agency.”, (b) insert “or the Child and Family Agency” after “pay to the Health Service Executive” and (c) substitute “, or by the Executive or the Agency” for “or by the health board or the Executive”. |

| 2. | Section 16 | In paragraph (b), substitute “, the Health Service Executive or the Child and Family Agency” for “or the Health Service Executive”. |

## PART 2 Family Law (Maintenance of Spouses and Children) Act 1976

| Item | Provision affected | Amendment |

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

| 1. | Section 16 | In subsection (1), insert “the Child and Family Agency,” after “the Health Service Executive,”. |

## PART 3 The Unfair Dismissals Act 1977

| Item | Provision affected | Amendment |

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

| 1. | Section 2 | In subsection (1), substitute the following for paragraph (k): “(k) the Director General of the Health Service Executive for the purposes of section 17 of the Health Act 2004, (l) the chief executive officer of the Child and Family Agency appointed under *section 28* of the *Child and Family Agency Act 2013*.”. |

## PART 4 Child Care Act 1991

| Item | Provision affected | Amendment |

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

| 1. | Whole Act | Substitute “Child and Family Agency” for “Health Service Executive” in each place where it occurs. |

| 2. | Whole Act | Substitute “Agency” for “Executive” in each place where it occurs. |

| 3. | Section 2 | (a) Delete the definition of “area”. (b) Substitute the following for the definition of “Minister”: “ ‘Minister’ means the Minister for Children and Youth Affairs.”. |

| 4. | Section 4 | Substitute the following for subsection (5): “A child who was taken into care under this section by the Health Service Executive before the coming into operation of the Child and Family Agency Act 2013 and who is in the care of the Health Service Executive immediately before the establishment day of that Agency shall be deemed to have been taken into care by the Agency and to be in its care on and from that day.”. |

| 5. | Section 7 | (a) Substitute the following for subsection (1): “(1) The Child and Family Agency shall establish one or more child care advisory committees to advise the Agency on the performance of its functions under this Act and the Agency shall consider and have regard to any advice so tendered to it. (1A) A child care advisory committee that, before the amendment of this section by the Child and Family Agency Act 2013, was established for a functional area of the Executive and that was in existence immediately before the establishment of the Child and Family Agency shall be deemed to have been established by the Agency in compliance with subsection (1) of this section.”. (b) Substitute the following for subsection (5A) and (5B) (inserted by section 75 of the Health Act 2004): “(5A) Directions given by the Minister for Health in relation to child care advisory committees in existence immediately before the establishment day of the Child and Family Agency shall, subject to the amendment or revocation of those directions under subsection (5B), apply to child care advisory committees established or deemed to have been established by the Agency, unless the Minister otherwise directs. (5B) The Minister may amend or revoke directions given in relation to child care advisory committees.”. (c) In subsection (6), delete “for a functional area of the Executive”. (d) In subsection (7), delete “in a functional area of the Health Service Executive”. |

| 6. | Section 8 | (a) Substitute the following for subsection (1): “(1) The Child and Family Agency shall— (a) not later than 6 months after the establishment day of the Agency, prepare the report that, but for the amendment of this section by the *Child and Family Agency Act 2013*, the Health Service Executive would have been required to have prepared under this section, and (b) annually thereafter prepare a report on the adequacy of the child care and family support services available.”. (b) Substitute the following for subsection (3)— “(3) The Child and Family Agency shall give notice of the preparation of a report under subsection (1) to— (a) each child care advisory committee, and (b) such bodies as the Agency sees fit whose purposes include the provision of child care and family support services, and shall have regard to any views or information furnished by such committees or bodies in the preparation of the report.”. |

| 7. | Section 9 | Substitute the following for subsection (2): “(2) Nothing in the *Child and Family Agency Act 2013* shall empower the Child and Family Agency to delegate to a voluntary body or to any other person the duty conferred on it under section 4 to receive certain children into care or the power to apply for an order under Part III, IV, IVA (as amended by the Child Care (Amendment) Act 2011) or VI.”. |

| 8. | Section 12 | Substitute the following for subsection (5): “(5) Where a child was removed to safety in accordance with subsection (1) of this section or section 254(4) of the Children Act 2001 and the child is not delivered up to the custody of the Health Service Executive before the establishment day of the Child and Family Agency— (a) the child shall as soon as possible be delivered up to the custody of the Agency, and (b) subsection (4) of this section applies in relation to the child as though the child had been delivered up to the Agency in accordance with subsection (3) of this section.”. |

| 9. | Section 20 | Substitute the following for subsection (5): “(5) Where the Health Service Executive was directed to undertake an investigation into a child’s circumstances and the investigation has not been undertaken or all matters relating to or arising from the investigation have not been concluded before the establishment day of the Child and Family Agency— (a) any direction given under this section by the court to the Health Service Executive in respect of the child concerned shall be deemed to have been given to the Agency, (b) the investigation may be completed by the Agency, and (c) subsections (3) and (4) apply as though all of the investigation had been undertaken and completed by the Agency.”. |

| 10. | Section 23B | (a) Substitute the following for subsection (4): “(4) Notwithstanding subsection (3) and subject to subsection (5), the Child and Family Agency may, for the purposes of this Part, enter into an arrangement with a person under *section 58* of the *Child and Family Agency Act 2013* (relating to arrangements with service providers) in respect of the provision by that person of special care and the provision, maintenance and administration of a special care unit.”. (b) In subsection (5), substitute “*section 58* of the *Child and Family Agency Act 2013*” for “section 38 (as amended by the Act of 2007) of the Health Act 2004)”. |

| 11. | Section 23F | Substitute the following for subsection (12): “(12) Where the Health Service Executive convened a family welfare conference in respect of a child pursuant to subsection (5) and a determination is not made by the Health Service Executive pursuant to subsection (7) before the establishment of the Child and Family Agency, that Agency shall be deemed for the purposes of this section to have convened the conference.”. |

| 12. | Section 23P | Substitute the following for subsection (3): “(3) Any person arranging or undertaking a private foster care arrangement who has submitted to the Health Service Executive before the establishment of the Child and Family Agency the information the Health Service Executive required in relation to the arrangement or undertaking shall be deemed to have complied with subsection (1).”. |

| 13. | Section 37 | Substitute the following for subsection (2): “(2) Any person who is dissatisfied with arrangements made by the Child and Family Agency under subsection (1) or (1A) or by the Health Service Executive under those subsections before the establishment of that Agency may apply to the court, and the court may— (a) make such order as it thinks proper regarding access to the child by that person, and (b) vary or discharge that order on the application of any person.”. |

| 14. | Section 43 | Substitute the following for subsection (1): “(1) The Child and Family Agency may, in accordance with any regulations made by the Minister, remove a child in its care from the custody of any person with whom the child has been placed under section 36 before the establishment day of the Child and Family Agency.”. |

| 15. | Section 46 | Insert the following after subsection (2): “(2A) A request made by the Health Service Executive to the Garda Síochána under subsection (2) before the establishment of the Child and Family Agency shall be deemed to have been made by the Child and Family Agency if the child in respect of whom the request was made is not delivered up to the Health Service Executive before the establishment day of the Agency.”. |

| 16. | Section 59 | Substitute— (a) in the definition of “children’s residential centre”, “the Child and Family Agency” for “the Health Service Executive” in each place where it occurs, and (b) the following for the definition of “register”: “ ‘register’ means a register of children’s residential centres that is established or deemed to have been established by the Child and Family Agency under section 61, and cognate words shall be construed accordingly;”. |

| 17. | Section 61 | (a) Substitute the following for subsection (1): “(1) The Child and Family Agency shall establish and maintain a register of children’s residential services. (1A) For the purpose of subsection (1), each register of children’s residential centres established by the Health Service Executive before the establishment day of the Child and Family Agency shall be deemed to have been established by the Child and Family Agency and shall be maintained by the Agency.”. (b) Substitute the following for paragraph (3)(c): “(c) An application for registration made to the Health Service Executive before the establishment of the Child and Family Agency shall be deemed to have been made to the Child and Family Agency if the Health Service Executive has not, before the establishment day of the Agency, registered or refused to register the centre in relation to which the application was made.”. (c) In subsection (6A), substitute “*Child and Family Agency Act 2013*” for “Health Act 2004” and “Child and Family Agency” for “Health Service Executive”. |

| 18. | Section 65 | Substitute the following for subsection (3): “(3) A notice given to the Health Service Executive before the establishment day of the Child and Family Agency in accordance with subsection (1) shall be deemed to have been given to the Child and Family Agency.”. |

## PART 5 Child Abduction and Enforcement of Custody Orders Act 1991

| Item | Provision affected | Amendment |

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

| 1. | Whole Act | Substitute “Child and Family Agency” for “Health Service Executive” in each place where it occurs. |

## PART 6 Family Law Act 1995

| Item | Provision affected | Amendment |

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

| 1. | Section 47(1)(b) | In subsection (1)(b) substitute “Child and Family Agency” for “Health Service Executive” in each place where it occurs. |

## PART 7 Domestic Violence Act 1996

| Item | Provision affected | Amendment |

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

| 1. | Whole Act | Substitute “Child and Family Agency” for “Health Service Executive” in each place where it occurs. |

## PART 8 Refugee Act 1996

| Item | Provision affected | Amendment |

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

| 1. | Whole Act | Substitute “Child and Family Agency” for “Health Service Executive” in each place where it occurs. |

## PART 9 Freedom of Information Act 1997

| Item | Provision affected | Amendment |

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

| 1. | Section 2 | (a) In subsection (1) in the definition of “director”, substitute “, the Health Service Executive, the Child and Family Agency” for “or the Health Service Executive”. (b) In subsection (1) in paragraph (ix) of the definition of “personal information”, substitute “the Health Service Executive, the Child and Family Agency” for “Health Service Executive”. |

| 2. | Section 15 | In subsection (2), substitute the following for paragraphs (c) and (d): “(c) in the case of the Health Service Executive, 6 months after the establishment day, (d) in the case of the Child and Family Agency, 6 months after the establishment day of that body, and (e) in case the body is a body standing prescribed under section 3 for the purposes of subparagraph (5) of paragraph (1) of the First Schedule, upon such prescription.”. |

| 3. | Section 16 | In subsection (2), substitute the following for paragraphs (c) and (d): “(c) in the case of the Health Service Executive, 6 months after the establishment day, (d) in the case of the Child and Family Agency, 6 months after the establishment day of that body, and (e) in case the body is a body standing prescribed under section 3 for the purposes of subparagraph (5) of paragraph (1) of the First Schedule upon such prescription.”. |

| 4. | First Schedule | In paragraph 1(4), substitute “the Health Service Executive and the Child and Family Agency” for “the Health Service Executive”. |

| 5. | Third Schedule, Part 1 | Insert: (a) in column (2): “*Child and Family Agency Act 2013*”, and opposite that insertion, (b) in column (3) “*section 40*.”. |

## PART 10 Protection for Persons Reporting Child Abuse Act 1998

| Item | Provision affected | Amendment |

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

| 1. | Section 1 | Substitute the following for the definition of “designated officer”: “ ‘designated officer’ means an employee of the Health Service Executive or the Child and Family Agency appointed under section 2 of this Act to be a designated officer for the purposes of this Act.”. |

| 2. | Section 2 | Substitute the following for section 2: “2. (1) The Health Service Executive and the Child and Family Agency shall from time to time as occasion may require (including a case in which a direction is given under this section), appoint one or more employees of the Health Service Executive or of the Child and Family Agency as the case may be, to be a designated officer or officers for the purposes of this Act; in making any such appointment, the Health Service Executive and the Child and Family Agency shall comply with any direction under this section for the time being in force. (2) The Minister may, with the consent of the Minister for Health, give a direction in writing to the Health Service Executive or the Minister may give a direction in writing to the Child and Family Agency requiring it to appoint to be designated officers each person falling within a category or categories of employee of the Health Service Executive or the Child and Family Agency specified in the direction. (3) The Minister may give a direction in writing to the Health Service Executive or the Child and Family Agency amending or revoking a direction given to it under this section (including a direction under this subsection).”. |

## PART 11 Education Act 1998

| Item | Provision affected | Amendment |

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

| 1. | Section 2 | In subsection (1), in the definition of school, substitute “the Child and Family Agency in accordance with the Child Care Act 1991” for “the Child Care Act 1991”. |

| 2. | Section 6 | In paragraph (g), insert “the Child and Family Agency,” after “the Health Service Executive,”. |

| 3. | Section 29 (amended by the Education (Miscellaneous Provisions) Act 2007) | In subsection (4E), substitute “Child and Family Agency” for “National Educational Welfare Board”. |

| 4. | Section 33 | In paragraph (j)(iii), insert “and the Child and Family Agency” after “the Health Service Executive”. |

## PART 12 Immigration Act 1999

| Item | Provision affected | Amendment |

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

| 1. | Section 5 (as amended by section 75 of the Health Act 2004) | In subsection (4)(c), substitute “Child and Family Agency” for “Health Service Executive”. |

## PART 13 Education (Welfare) Act 2000

| Item | Provision affected | Amendment |

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

| 1. | Whole Act | Substitute “Child and Family Agency” for “Board” in each place where it occurs. |

| 2. | Section 2 | Delete the definitions of “Board” and “Chief Executive”. |

| 3. | Section 14 | Delete “, on the commencement of this section,”. |

| 4. | Section 25 | Delete subsection (8). |

## PART 14 Children Act 2001

| Item | Provision affected | Amendment |

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

| 1. | Whole Act | Substitute “Child and Family Agency” for “Health Service Executive” in each place where it occurs. |

| 2. | Part 2 | After section 15A (as amended by section 72 of the Health Act 2004) insert the following: “**Transitional provisions relating to the *Child and Family Agency Act 2013*** 15B. (1) In this section, a reference to a provision of this Act is to that provision as it was before it was amended by the Child and Family Agency Act 2013. (2) Where a family welfare conference convened under section 7 on behalf of the Health Service Executive has not discharged its functions before the establishment day of the Child and Family Agency, the conference shall be deemed to have been convened by or on behalf of the Agency. (3) Where a direction given by the Health Service Executive under section 7(3) to a family welfare conference is not complied with before the establishment day of the Child and Family Agency, the direction shall be deemed to have been given by the Agency. (4) Where a recommendation has been made or a matter has been referred to the Health Service Executive by a family welfare conference under section 8 and all matters relating to or arising from the conference proceedings relating to the child concerned have not been concluded under this Act or the Child Care Act 1991 before the establishment day of the Child and Family Agency, the recommendation shall be deemed for the purposes of this Act and the Child Care Act 1991 to have been made or the matter referred to the Agency.”. |

## PART 15 Local Government Act 2001

| Item | Provision affected | Amendment |

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

| 1. | Section 2 | Substitute the following for paragraph (g) in the definition of “public authority”: “(g) the Child and Family Agency established under *section 7* of the *Child and Family Agency Act 2013*, and (h) such other body as may be prescribed by regulations made by the Minister for the purposes of any provision of this Act.”. |

| 2. | Section 13 | In subsection (1) substitute the following for paragraph (i): “(i) is a person employed by a local authority, the Health Service Executive or the Child and Family Agency and is not the holder of a class, description or grade of employment designated by order under section 161(1)(b) or deemed to have been made under that section, or”. |

| 3. | Section 85 | Substitute the following for subsection (7): “(7) This section is without prejudice to section 8 of the Health Act 2004 or *section 10* of the *Child and Family Agency Act 2013* and an agreement shall not be entered into under this section in any case in which an agreement could be entered into under either of those sections.”. |

## PART 16 Sex Offenders Act 2001

| Item | Provision affected | Amendment |

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

| 1. | Section 25 (amended by section 75 of the Health Act 2004) | In subsection (1), in paragraph (e) of the definition of “State work or a service” insert “or the Child and Family Agency” after “Health Service Executive”. |

## PART 17 Youth Work Act 2001

| Item | Provision affected | Amendment |

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

| 1. | Section 20 | In subsection (2)(b)(iv), substitute “Child and Family Agency” for “Health Service Executive”. |

## PART 18 Immigration Act 2003

| Item | Provision affected | Amendment |

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

| 1. | Section 5 (amended by section 75 of the Health Act 2004) | In subsection (2)(d), substitute “Child and Family Agency” for “Health Service Executive”. |

| 2. | Section 8 (amended by section 75 of the Health Act 2004) | In subsection (4), insert “the Child and Family Agency,” after “the Health Service Executive,”. |

## PART 19 Health Act 2004

| Item | Provision affected | Amendment |

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

| 1. | Section 10A (inserted by section 6 of the Health Service Executive (Governance) Act 2013) | By deleting subsection (2). |

| 2. | Section 31 | (a) In subsection (8), by substituting “the Minister shall—” for “the Minister shall, having consulted with the Minister for Children and Youth Affairs—”. (b) By substituting the following for subsection (9): “(9) The Minister may direct the Executive to amend a service plan submitted under this section if, in the opinion of the Minister, the plan— (a) does not contain any information required to be included in the service plan pursuant to subsection (4), (b) does not in some other respect comply with subsection (4), (c) has been prepared by the Executive without sufficient regard to the matters referred to in subsection (5), or (d) does not accord with the policies and objectives of the Minister or the Government to the extent that those policies and objectives relate to the functions of the Executive and have been communicated in writing to the Executive prior to the commencement of the specified period.”. |

| 3. | Section 32(5) | In subsection (5), by substituting “the Minister may—” for “the Minister may, having consulted with the Minister for Children and Youth Affairs—”. |

| 4. | Section 37(2)(g) | By substituting “or as the Minister may specify.” for “as the Minister may, having consulted with the Minister for Children and Youth Affairs, may specify.”. |

| 5. | Section 40B | (a) In subsection (1)— (i) in paragraph (b)(ii) by substituting “Minister.” for “Minister, and”, and (ii) by deleting paragraph (c). (b) In subsection (2), by deleting “, in consultation with the Minister for Children and Youth Affairs,” after “Minister may”. |

| 6. | Section 40C | (a) By deleting subsection (1A). (b) In subsection (2), by deleting “or the Minister for Children and Youth Affairs” after “furnish the Minister”. (c) In subsection (3), by deleting “or the Minister for Children and Youth Affairs” after “furnishing the Minister”. (d) In subsection (4)(a), by deleting “or the Minister for Children and Youth Affairs” after “furnishing the Minister”. |

| 7. | Section 40D | (a) By deleting subsection (1A). (b) In subsection (2), by substituting “the Minister to furnish a person referred to in subsection (1) with information” for “the Minister or the Minister for Children and Youth Affairs to furnish a person referred to in subsection (1) or, as the case may be, subsection (1A), with information”. (c) In subsection (3), by substituting “the Minister from furnishing a person referred to in subsection (1) with information” for “the Minister or the Minister for Children and Youth Affairs from furnishing a person referred to in subsection (1) or, as the case may be, subsection (1A), with information”. (d) In subsection (4)(a), by substituting “the Minister from furnishing a person referred to in subsection (1) with information” for “the Minister or the Minister for Children and Youth Affairs from furnishing a person referred to in subsection (1) or, as the case may be, subsection (1A), with information”. |

| 8. | Section 40E | By deleting subsection (1A). |

| 9. | Section 40F | (a) By substituting “any power of the Minister” for “any power of the Minister or the Minister for Children and Youth Affairs”. (b) By substituting “the functions of the Executive or the Minister” for “the functions of the Executive, the Minister or the Minister for Children and Youth Affairs”. |

## PART 20 Health Act 2007

| Item | Provision affected | Amendment |

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

| 1. | Section 2 | In subsection (1)— (a) insert the following definition: “ ‘Agency’ means the Child and Family Agency established under the *Child and Family Agency Act 2013*;”, (b) substitute the following for the definition of “designated centre”: “ ‘designated centre’ means an institution— (a) at which residential services are provided by the Executive, the Agency, a service provider under this Act or a person that is not a service provider but who receives assistance under section 39 of the Health Act 2004— (i) in accordance with the Child Care Act 1991, (ii) to persons with disabilities, in relation to their disabilities, or (iii) to other dependent persons, in relation to their dependencies, or (b) that is a special care unit, (c) that is a nursing home as defined in section 2 of the Health (Nursing Homes) Act 1990, but does not include any of the following: (i) a centre registered by the Mental Health Commission; (ii) an institution managed by or on behalf of a Minister of the Government; (iii) that part of an institution in which the majority of persons being cared for and maintained are being treated for acute illness or provided with palliative care; (iv) an institution primarily used for the provision of educational, cultural, recreational, leisure, social or physical activities; (v) a children detention school as defined in section 3 of the Children Act 2001;”, (c) substitute the following for the definition of “service provider”: “ ‘service provider’ means a person who— (a) enters into an arrangement under section 38 of the Health Act 2004 to provide a health or personal social service on behalf of the Executive, (b) is in receipt of assistance under section 39 of the Health Act 2004 in an amount that exceeds an amount prescribed for the purpose of this subparagraph, or (c) is a service provider under the *Child and Family Agency Act 2013*;”. |

| 2. | Section 8 | (a) In subsection (1)— (i) substitute the following for paragraphs (a) and (b) of subsection (1): “(1) The functions of the Authority are as follows: (a) subject to this Act and to the extent practicable, to further the Authority’s object; (b) to set standards on safety and quality in relation to— (i) services provided by the Executive, the Agency or a service provider in accordance with— (I) the Health Acts 1947 to 2011, except for services under the Mental Health Acts 1945 to 2009 that, under the Health Act 2004, are provided by the Executive, (II) the Child Care Acts 1991 to 2013, (III) the Children Act 2001, and (ii) services provided by a nursing home as defined in section 2 of the Health (Nursing Homes) Act 1990, in this section called the “services”, and advise the Minister, the Minister for Children and Youth Affairs, the Agency and the Executive as may be appropriate in relation to the particular service in respect of which the standards are set.”, (ii) in paragraph (c) insert “and the Agency’s” after “the Executive’s” and substitute “the Minister, the Minister for Children and Youth Affairs, the Executive and the Agency accordingly;” for “the Minister and the Executive accordingly;”, (iii) in paragraph (e) insert “or the Minister for Children and Youth Affairs” after “the Minister” and substitute “the Executive and the Agency;” for “the Executive;”, (iv) in paragraph (j) substitute “the Minister, the Minister for Children and Youth Affairs, the Executive and the Agency” for “the Minister and the Executive”, (v) in paragraph (k) substitute “the Executive, the Agency and service providers” for “the Executive and service providers”, (vi) in paragraph (l) substitute “the Minister, the Minister for Children and Youth Affairs, the Executive and the Agency” for “the Minister and the Executive”. (b) In subsection (2)(c) substitute “the Executive and the Agency,” for “the Executive,”. (c) In subsection (4) substitute “as defined in section 2(1), the Executive or the Agency.” for “as defined in section 2(1) or the Executive.”. |

| 3. | Section 9 | (a) In subsection (1), substitute the following for paragraph (b): “(b) the risk may be the result of any act, failure to act or negligence on the part of— (i) the Executive, (ii) the Agency, (iii) a service provider to which paragraphs (a) or (b) of the definition of service provider applies, (iv) a service provider to which paragraph (c) of the definition of service provider applies, (v) the registered provider of a designated centre to which paragraphs (a)(ii), (iii) or (c) of the definition of designated centre applies, (vi) the registered provider of a designated centre to which paragraphs (a)(i) or (b) of the definition of designated centre applies, (vii) the person in charge of a designated centre referred to in subparagraph (v), if other than its registered provider, (viii) the person in charge of a designated centre referred to in subparagraph (vi) if other than its registered provider.”. (b) Substitute the following for subsection (2): “(2) The Minister may, if he or she believes on reasonable grounds that— (a) there is a serious risk of the kind mentioned in paragraph (a) of subsection (1), and (b) the risk may be the result of any act, failure or negligence of the kind mentioned in paragraph (b)(i), (iii), (v) or (vii) of subsection (1), require the Authority to undertake an investigation in accordance with this section. (2A) The Minister for Children and Youth Affairs may, if he or she believes on reasonable grounds that— (a) there is a serious risk of the kind mentioned in paragraph (a)(i) of subsection (1), and (b) the risk may be the result of any act, failure or negligence mentioned in paragraph (b)(ii), (iv), (vi) or (viii) of subsection (1), require the Authority to undertake an investigation in accordance with this section.”. |

| 4. | Section 10 | In subsection (2), substitute “it shall submit the proposed standards to the Minister for approval and, where the standards relate to services provided under the Child and Family Agency Act 2013, the Minister shall not approve the proposed standards without the consent of the Minister for Children and Youth Affairs” for “it shall submit the proposed standards to the Minister for approval”. |

| 5. | Section 12 | (a) Substitute “the Executive, the Agency or a service provider” for “the Executive or a service provider”. (b) Substitute “the Executive, the Agency or by the service provider” for “the Executive or by the service provider”. |

| 6. | Section 39 | In subsection (1)(a), substitute “the Executive, the Agency or a service provider” for “the Executive or a service provider”. |

| 7. | Section 41 | In subsection (1), substitute the following for paragraph (a): “(a) inspect the performance by the Executive of the Executive’s functions under section 10 of the Health (Nursing Homes) Act 1990 and the performance by the Agency of the Agency’s functions under sections 39 to 42 and 53 of the Child Care Act 1991,”. |

| 8. | Section 45 | (a) Substitute the following for subsection (1): “(1) The Minister, by written direction, may require the Executive to carry out inspections of nursing homes as defined in section 2 of the Health (Nursing Homes) Act 1990 and the Minister for Children and Youth Affairs, by written direction, may require the Agency to carry out inspections of children’s residential centres, as defined in section 2(1) of the Child Care Act 1991, which are provided in accordance with section 38(1) of that Act.”. (b) In subsections (2) to (5), substitute “Executive or the Agency” for “Executive” wherever it occurs. |

| 9. | Section 60 | In subsection (6), insert “or the Agency as the case may be” after “the Executive” wherever it occurs. |

| 10. | Section 64 | In subsections (1) to (4), substitute “Executive or the Agency as the case may” for “Executive”. |

| 11. | Section 68 | In subsection (3), substitute “Executive or the Agency as the case may be” for “Executive”wherever it occurs. |

| 12. | Section 71 | (a) In subsection (1), substitute “Executive or the Agency as the case may be” for “Executive”. (b) In subsection (2), substitute the following for paragraph (a): “(a) the terms and conditions applicable in respect of any— (i) arrangement under section 38 of the Health Act 2004, (ii) assistance given in accordance with section 39 of the Health Act 2004, and (iii) arrangements under *section 56* or *58* of the *Child and Family Agency Act 2013*.”. |

| 13. | Section 73 | (a) In subsection (1)(i), substitute “Executive, the Agency or a service provider,” for “Executive or a service provider”. (b) In subsection (2)— (i) in paragraph (a), insert “or the Agency” after “Executive”, and (ii) in paragraph (b), substitute “Executive, the Agency or a service provider,” for “Executive or a service provider,”. (c) In subsection (4)(a), substitute “the Executive or the Agency,” for “the Executive,”. |

| 14. | Section 98 | In subsection (1), insert “, having consulted the Minister for Children and Youth Affairs as may be appropriate,” after “The Minister”. |

| 15. | Section 99 | Insert “, having consulted the Minister for Children and Youth Affairs as may be appropriate,” after “the Minister”. |

| 16. | Section 100 | Insert “, having consulted the Minister for Children and Youth Affairs as may be appropriate,” after “The Minister”. |

| 17. | Section 101 | In subsection (1)(a) insert “, having consulted the Minister for Children and Youth Affairs as may be appropriate,” after “the Minister”. |

## PART 21 Amendment of Adoption Act 2010

| Item | Provision affected | Amendment |

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

| 1. | Whole Act | Substitute “Child and Family Agency” for “Health Service Executive” in each place where it occurs. |

## SCHEDULE 3 Repeals

**Acts Repealed**

| Number and Year | Short Title | Extent of Repeal |

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

| No. 17 of 1991 | Child Care Act 1991 | Section 10 and Part VII |

| No. 22 of 2000 | Education (Welfare) Act 2000 | Sections 9, 13, 32, 33, 34, 35, 36, 37, 38, 39, 41 and the Schedule |

| No. 54 of 2001 | Family Support Agency Act 2001 | The whole Act |

| No. 26 of 2007 | Child Care (Amendment) Act 2007 | Sections 5 to 13 |