Children Act, 2001

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Interpretation (general).

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

“Act of 1907” means the Probation of Offenders Act, 1907 ;

“Act of 1951” means the Criminal Justice Act, 1951 ;

“Act of 1967” means the Criminal Procedure Act, 1967 ;

“Act of 1984” means the Criminal Justice Act, 1984 ;

“Act of 1991” means the Child Care Act, 1991 ;

“action plan”, where it occurs in Part 4, has the meaning assigned to it by section 39 and, where it occurs in Part 8, has the meaning assigned to it by section 80 (1) or 82(2)(a), as the case may be;

“adult” means any person of or over the age of 18 years;

“area”, in relation to a health board, means functional area;

“child” means a person under the age of 18 years;

“children detention order” has the meaning assigned to it by section 142 ;

“children detention school” means—

(a) any certified reformatory school or industrial school that becomes a children detention school by virtue of section 159 , or

(b) any place, school, premises or building designated by the Minister for Education and Science pursuant to section 160 as a children detention school;

“Commissioner” means the Commissioner of the Garda Síochána;

“community sanction” has the meaning assigned to it by section 115 ;

“Court”, in Parts 7 and 8, means the Children Court;

“criminal behaviour”, in relation to a child, means the act or omission constituting an offence alleged to have been committed by the child;

“detention” means detention in a children detention school or a children detention centre designated as such by the Minister under section 150 ;

“family conference” means a conference convened by a probation and welfare officer pursuant to section 79 ;

“family welfare conference” means a conference convened by a health board pursuant to section 7 ;

“Gaeltacht area” means an area for the time being determined to be a Gaeltacht area by order under section 2 of the Ministers and Secretaries (Amendment) Act, 1956 ;

“guardian” means—

(a) any legal guardian of a child,

(b) any person who, in the opinion of the court having cognisance of any case in relation to a child or in which the child is concerned, has for the time being the charge of or control over the child, or

(c) any person who has custody or care of a child by order of a court,

but does not include a health board;

“junior remand centre” means a place designated as such under section 88 ;

“juvenile liaison officer” means a member of the Garda Síochána assigned by the Commissioner to perform the duties which he or she considers appropriate for such a member, including duties assigned under Part 4 or any regulations under that Part;

“legal guardian”, in relation to a child, means any person who is the guardian of a child pursuant to the Guardianship of Infants Act, 1964 , or who is appointed to be his or her guardian by deed or will or by order of a court;

“member in charge” means a member of the Garda Síochána who is in charge of a Garda Síochána station at a time when the member in charge of a station is required to do anything or cause anything to be done pursuant to this Act;

“Minister”, when used without qualification, means, except in Parts 3, 10 and 11, the Minister for Justice, Equality and Law Reform;

“parents”, in relation to a child, means—

(a) in case one parent has the sole custody, charge or care of the child, that parent,

(b) in case the child has been adopted under the Adoption Acts, 1952 to 1998 (or, if adopted outside the State, his or her adoption is recognised under the law of the State), the adopter or adopters or the surviving adopter, and

(c) in any other case, both parents;

“prescribed” means prescribed by regulations made by the Minister, the Minister for Education and Science or the Minister for Health and Children, as appropriate;

“principal probation and welfare officer” means the principal probation and welfare officer of the probation and welfare service;

“probation and welfare officer” means a person appointed by the Minister to be a probation and welfare officer, or to be a welfare officer or probation officer;

“probation and welfare service” means the probation and welfare service of the Department of Justice, Equality and Law Reform;

“relative”, in relation to a child, means a brother, sister, uncle or aunt, or a spouse of the brother, sister, uncle or aunt, or a grandparent or step-parent, of the child;

“remand centre” means a centre designated as such under section 88 ;

“Saint Patrick's Institution” has the same meaning as in the Criminal Justice Act, 1960 ;

“school” means a children detention school;

“summons” has the meaning assigned to it by section 1(1) of the Courts (No. 3) Act, 1986 ;

“superannuation benefits” means pensions, gratuities and other allowances payable on resignation, retirement or death;

“victim” means a person who through or by means of an offence committed by a child, suffers physical or emotional harm, or loss of or damage to property.

(2) Any reference in this Act to a finding of guilt, or cognate words, includes a conviction, where the context so requires.

(3) For the purposes of this Act—

(a) a reference to a Part, section or Schedule is to a Part, section or Schedule of this Act unless it is indicated that reference to some other provision is intended,

(b) a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended,

(c) a reference to any other enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended or extended by or under any other enactment, including this Act.