S.I. No. 258/1995 - Child Care Act, 1991 (Commencement) Order, 1995.

S.I. No. 258 of 1995.

CHILD CARE ACT, 1991 (COMMENCEMENT) ORDER, 1995.

In exercise of the powers conferred on the Minister for Health by section 1 (2) and section 79 of the Child Care Act, 1991 (No. 17 of 1991), which said powers are delegated to me by the Health (Delegation of Ministerial Functions) Order, 1995 ( S.I. No. 130 of 1995 ), I, AUSTIN CURRIE, Minister of State at the Department of Health, hereby order as follows:—

1. This Order may be cited as the Child Care Act, 1991 (Commencement) Order, 1995.

2. Section 4, subsections (3) and (4) of section 6, sections 12 to 48, sections 68 and 70 and sections 75 to 78 of the Child Care Act, 1991 shall come into operation on the 31st day of October, 1995.

3. With effect from the 31st day of October, 1995 the enactments specified in the Schedule are hereby repealed to the extent specified in the third column.

SCHEDULE

ENACTMENTS REPEALED

Session and Chapter or Number and Year	Short Title	Extent of Repeal
4 Edw. 7, c. 15.	Prevention of Cruelty to Children Act, 1904.	The whole Act.
8 Edw. 7, c. 67.	Children Act, 1908.	Sections 20 to 25, Sections 34, 36 and 38 (1), Sections 58 (1), (5), (6), (7) and (8), Section 59, Section 74 (11), Sections 118, 122 and 126.
3 & 4 Geo. 5, c. 7.	Children (Employment Abroad) Act, 1913.	The whole Act.
No. 12 of 1941.	Children Act, 1941 .	Section 10 (1).
No. 26 of 1953.	Health Act, 1953 .	Sections 55 and 56.

Dated this 1st day of October, 1995.

AUSTIN CURRIE,

Minister of State at the Department of Health.

EXPLANATORY NOTE.

The purpose of this Order is to bring section 4, subsections (3) and (4) of section 6, Parts III, IV, V and VI (sections 12 to 48) and sections 68 , 70 , 75 , 76 , 77 and 78 of the Child Care Act, 1991 into operation.

Section 4 enables health boards to receive into voluntary care orphans and abandoned children and, with parental consent, children whose parents are unable to care for them.

Section 6 (3) and (4) enables health boards to place children who are awaiting adoption placement in voluntary care under section 4.

Part III enables the Gardaí or health boards to intervene quickly where there is an immediate and serious threat to the safety and welfare of a child.

Part IV enables the courts to place in the care of or under the supervision of health boards children who have been assaulted, ill-treated, neglected or sexually abused or who are at risk.

Part V deals with the jurisdiction, powers and procedures of courts in relation to child care proceedings.

Part VI sets out the arrangements that may be made by health boards in looking after children in their care.

Section 68 gives the Minister for Health power to make regulations.

Section 70 enables health boards to charge for certain services.

Section 75, 76 and 77 provide for minor amendments to the School Attendance Act, 1926 and the Guardianship of Infants Act, 1964 .

Section 78 provides for deductions from pay of members of the Defence Forces who may have children in care.

Provision is also made for the repeal of certain enactments.