Children (Amendment) Act 2015
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Repeals and transitional arrangements relating to repeals | ||
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3. (1) The following provisions of the Principal Act are repealed: | ||
(a) subsection (12) of section 88 (amended by section 135 of the Act of 2006); | ||
(b) subsection (13) of section 88 (amended by section 135 of the Act of 2006); | ||
(c) section 156A (inserted by section 143 of the Act of 2006). | ||
(2) Section 144 of the Act of 2006 is repealed. | ||
(3) The repeal of subsection (12) of section 88 of the Principal Act by subsection (1)(a) shall not affect the lawfulness of the remand of persons remanded to Saint Patrick’s Institution pursuant to the said subsection (12) of section 88 before the date of commencement of subsection (1)(a). | ||
(4) Any person under the age of 18 years who, immediately before the commencement of subsection (1)(a), was remanded to Saint Patrick’s Institution by virtue of an order made or warrant issued by a court under section 88(12) of the Principal Act that was in force immediately before that commencement but which had not been executed before that commencement, shall be remanded to a remand centre specified in an order under subsection (11). | ||
(5) A reference in an order made or warrant issued by a court referred to in subsection (4) to Saint Patrick’s Institution shall, on and after the date of commencement of subsection (1)(a), be construed as a reference to the remand centre specified by order under subsection (11), and the order made or warrant issued by the court shall have effect accordingly. | ||
(6) The repeal of section 156A of the Principal Act by subsection (1)(c) shall not affect the lawfulness of the detention of persons detained in Saint Patrick’s Institution, or a place of detention, as the case may be, pursuant to the said section 156A before the date of commencement of subsection (1)(c). | ||
(7) Any person under the age of 18 years who, immediately before the commencement of subsection (1)(c), was to be detained in Saint Patrick’s Institution, or a place of detention, as the case may be, by virtue of an order made or warrant issued by a court under section 156A of the Principal Act that was in force immediately before that commencement but which had not been executed before that commencement, shall be detained in a children detention school specified in an order under subsection (11). | ||
(8) A reference in an order made or warrant issued by a court referred to in subsection (7) to Saint Patrick’s Institution or a place of detention shall, on and after the date of commencement of subsection (1)(c), be construed as a reference to the children detention school specified by order under subsection (11), and the order made or warrant issued by the court shall have effect accordingly. | ||
(9) Notwithstanding the repeal of section 156A by subsection (1)(c), a person under the age of 18 years who is serving a period of detention in Saint Patrick’s Institution or a place of detention may, at any time on and after the date of such repeal, be transferred by the Minister for Justice and Equality, with the consent of the Minister, from Saint Patrick’s Institution or a place of detention, as the case may be, to a children detention school specified in an order under subsection (11). | ||
(10) Nothing in this section shall affect the lawfulness and the period of the remand or detention, as the case may be, of a person where the person is, pursuant to this section, remanded to a remand centre or detained, including on foot of a transfer under subsection (9), in a children detention school, as the case may be, specified by order under subsection (11) . | ||
(11) The Minister shall— | ||
(a) on or before the date of commencement of subsection (1)(a), specify by order a remand centre for the purposes of subsections (4) and (5), and | ||
(b) on or before the date of commencement of subsection (1)(c), specify by order a children detention school for the purposes of subsections (7), (8) and (9). | ||
(12) An order under this section shall be laid by the Minister before each House of the Oireachtas as soon as may be after it is made. | ||
(13) In this section “place of detention” means a place of detention provided under section 2 of the Prisons Act 1970 . |