Children Act, 1941

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Number 12 of 1941.

CHILDREN ACT, 1941.

ARRANGEMENT OF SECTIONS

Number 12 of 1941.

CHILDREN ACT, 1941.

AN ACT TO AMEND AND EXTEND THE CHILDREN ACT, 1908. [3rd June, 1941.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Definitions.

1.—(1) In this Act—

the expression “the Minister” means the Minister for Education;

the expression “the Principal Act” means the Children Act, 1908.

(2) Subject to the provisions of the next following section, every word and expression to which a particular meaning is given by the Principal Act for the purposes of that Act has in this Act the meaning so given to it.

Extension of meaning of certified school.

2.—In the Principal Act and this Act every reference to a certified school shall be construed as including a reference to any building, camp, or other premises, wheresoever situate, which is used for the time being with the approval of the Minister for the purpose of giving a holiday to persons detained in such school.

Regulations for the conduct of certified schools.

3.—(1) The Minister may make regulations for the conduct of certified schools and, in particular and without prejudice to the generality of the foregoing, such regulations may make provision in relation to the education and training to be given to persons detained in such schools and the safeguarding of the health of such persons.

(2) Regulations under this section may be so framed as to apply in respect of all or one or more certified schools or of any class or classes of certified schools.

(3) Where the Minister has made regulations under this section, he shall send by post a copy thereof to the managers of the certified school or of each certified school in relation to which such regulations apply.

(4) It shall be the duty of the managers of the certified school or of each certified school in relation to which regulations made under this section apply to comply with such regulations and to make such variations (if any) in the rules under section 54 of the Principal Act for the time being in force in relation to such school as may be necessary to bring the said rules into conformity with such regulations.

Regulations prescribing remuneration of officers of certified schools.

4.—(1) The Minister may make regulations prescribing the remuneration of officers of certified schools or of any class or classes of such officers.

(2) Where the Minister has made regulations under this section, he shall send by post a copy thereof to the managers of every certified school.

(3) It shall be the duty of the managers of every certified school to comply with any regulations made under this section.

Resident manager of certified school.

5.—(1) The managers of a certified school shall, from time to time as occasion requires, appoint a person to be responsible for the immediate control and supervision of such school, and every person so appointed shall be known and is in this section referred to as the resident manager of such school.

(2) The resident manager of a certified school shall reside ordinarily on the school premises.

(3) The managers of a certified school may authorise the resident manager of such school to exercise and perform such of their powers, functions, and duties (including in particular their powers, functions, and duties under sections 52, 53, 67 and 68 of the Principal Act) as they think fit.

(4) If the Minister is satisfied that the resident manager of a certified school has failed or neglected to discharge efficiently the duties of his position or that he is unsuitable or unfit to discharge those duties, the Minister may request the managers of the school to remove such resident manager from his position and the managers shall comply with such request (unless withdrawn) within one month after receipt thereof.

(5) Every appointment of the resident manager of a certified school shall be made either—

(a) if the appointment is a first appointment and the school is a certified school upon the passing of this Act—within one month after the passing of this Act,

(b) if the appointment is a first appointment and the school becomes a certified school after the passing of this Act—within one month after the school becomes a certified school, or

(c) if the appointment is not a first appointment—within one month after the occurrence of the vacancy calling for such appointment.

(6) The managers of a certified school shall, within ten days after appointing a resident manager, notify his name to the Minister.

Amendment of section 44 of the Principal Act.

6.—Section 44 of the Principal Act is hereby amended by the deletion of the word “fourteen” where that word occurs in the definition of the expression “child” and the substitution in lieu of the word so deleted of the word “fifteen”.

Amendment of section 49 of the Principal Act.

7.—Section 49 of the Principal Act shall not apply in relation to any certified school which is a reformatory school.

Amendment of section 55 of the Principal Act.

8.—The reference in section 55 of the Principal Act to the buildings of a certified school shall be construed as including a reference to any grounds and premises used for recreational purposes in connection with such school.

Amendment of sub-section (1) of section 57 of the Principal Act.

9.—(1) Sub-section (1) of section 57 of the Principal Act is hereby amended by the deletion of the word “sixteen” and the substitution of the word “seventeen” in lieu of the word so deleted, and the said sub-section shall be construed and have effect accordingly.

(2) Sub-section (2) of section 57 of the Principal Act is hereby amended by the deletion of the word “fourteen” and the substitution of the word “fifteen” in lieu of the word so deleted, and the said sub-section shall be construed and have effect accordingly.

Amendment of sub-section (1) of section 58 of the Principal Act.

10.—(1) Sub-section (1) of section 58 of the Principal Act is hereby amended in the following respects and shall be construed and have effect accordingly, that is to say:—

(a) by the deletion of the word “fourteen” and the substitution in lieu thereof of the word “fifteen”;

(b) by the deletion in paragraph (b) of the words “wandering and” in both places where those words occur and by the deletion in the said paragraph of the words “no parent or guardian, or”;

(c) by the insertion in paragraph (d), before the word “criminal” of the word “reputed”;

(d) by the insertion immediately after paragraph (g) of the following word and paragraphs, that is to say:—

“or

(h) is found destitute and is not an orphan and his parents or his surviving parent or, in the case of an illegitimate child, his mother are or is unable to support him, or

(i) is under the care of a parent or guardian who has been convicted of an offence under Part II of this Act or mentioned in the First Schedule to this Act in relation to any of his children, whether legitimate or illegitimate”, and

(e) by the insertion of the following words at the end of the said sub-section, that is to say:—

“Provided also that the Court shall not make an order that a child be sent to a certified industrial school on the grounds stated in paragraph (h) unless—

(i) the child's parents consent or his surviving parent or, in the case of an illegitimate child, his mother consents to such order being made, or

(ii) the Court is satisfied that owing to mental incapacity or desertion on the part of the child's parents or his surviving parent or, in the case of an illegitimate child, his mother, the consent of such parents or parent may be dispensed with, or

(iii) one of the child's parents consents to such order being made and the Court is satisfied that, owing to mental incapacity or desertion on the part of the other parent or to the fact that the other parent is undergoing imprisonment or penal servitude, the consent of that parent may be dispensed with:

Provided also that if an application is made to the Minister for Education by the parents or surviving parent or, in the case of an illegitimate child, the mother of a child committed on the grounds stated in paragraph (h) to a certified industrial school for the discharge from such school of such child, the said Minister shall, if satisfied that the persons or person making such application are or is able to support such child, order such discharge of such child.”

(2) Sub-section (3) of section 58 of the Principal Act is hereby amended by the insertion before the word “years” of the words “or fourteen”, and the said sub-section shall be construed and have effect accordingly.

Amendment of section 65 of the Principal Act.

11.—(1) Section 65 of the Principal Act is hereby amended by the deletion in paragraph (a) of the word “three” and the substitution in lieu thereof of the word “two” and by the deletion in the said paragraph of the word “five” and the substitution in lieu thereof of the word “four”, and the said section shall be construed and have effect accordingly.

(2) Where immediately before the commencement of this section a youthful offender is being detained in a reformatory school in pursuance of a detention order, this section shall not operate to shorten the time for which, in accordance with such order, he is to be detained.

Extension of detention in industrial school.

12.—(1) The Minister may direct that the time for which any child shall be detained in an industrial school under a detention order shall be extended, to such extent as the Minister thinks proper, for the purpose of the completion by such child of any course of education or training and thereupon such detention order shall, notwithstanding anything contained in section 65 of the Principal Act, have effect as if altered so as to conform with the terms of such direction and such child shall be detained accordingly.

(2) The Minister shall not give a direction under this section save with the consent of the parents, surviving parent, mother (in the case of an illegitimate child), or guardian of the child to whom such direction relates.

(3) The Minister shall not give a direction under this section having the effect of extending the detention of the child to whom such direction relates beyond the time when such child will, in the opinion of the Minister, attain the age of seventeen years.

Amendment of section 67 of the Principal Act.

13.—Section 67 of the Principal Act is hereby amended in the following respects and shall be construed and have effect accordingly, that is to say:—

(a) by the deletion in sub-section (1) of the word “eighteen” and the substitution in lieu thereof of the word “six”, and

(b) by the deletion in sub-section (4) of the words “or refusing to return to the school when required to do so on the revocation or forfeiture of his licence”, and

(c) by the insertion at the end of the section of the following sub-section, that is to say:—

“(7) Where a licence has been revoked or forfeited and the youthful offender or child refuses or fails to return to the school, he may be apprehended without warrant and brought back to the school”.

Amendment of section 68 of the Principal Act.

14.—Section 68 of the Principal Act is hereby amended in the following respects and shall be construed and have effect accordingly, that is to say:—

(a) by the insertion at the end of sub-section (1) of the words “and, if the Minister for Education, after consultation with the managers, directs that it is necessary for the protection and welfare of the youthful offender that the period of his supervision should be extended for a specified period not exceeding two years, he shall, after attaining the age of nineteen, remain under the supervision of the managers for the period so specified”;

(b) by the insertion in sub-section (2) after the words “managers of the school” of the words “and, if the Minister for Education, after consultation with the managers, directs that it is necessary for the protection and welfare of the child that the period of his supervision should be extended for a period specified in such direction not exceeding three years, he shall, after attaining the age of eighteen, remain under the supervision of the managers for the period so specified”;

(c) by the deletion in sub-section (3) of the word “may” where that word occurs firstly and the substitution in lieu thereof of the word “shall”, and

(d) by the insertion at the end of the section of the following sub-section, that is to say:—

“(7) Where a licence granted to a person under the supervision of the managers of a certified school is revoked, such person may be apprehended without warrant and brought back to such school.”

Supervision certificates.

15.—(1) The documents referred to as licences in sections 67 and 68 of the Principal Act shall be known as supervision certificates and the said documents shall be framed accordingly.

(2) This section shall be construed as effecting no more than a change in the name of the documents to which it relates.

Amendment of sub-section (1) of section 69 of the Principal Act.

16.—Sub-section (1) of section 69 of the Principal Act is hereby amended by the insertion before the words “and any person” of the words “may be apprehended without warrant and brought back to school”, and the said sub-section shall be construed and have effect accordingly.

Amendment of sub-section (1) of section 71 of the Principal Act.

17.—Sub-section (1) of section 71 of the Principal Act is hereby amended by the deletion of the word “sixteen” and the substitution of the word “seventeen” in lieu of the word so deleted, and the said sub-section shall be construed and have effect accordingly.

Amendment of section 72 of the Principal Act.

18.—Section 72 of the Principal Act is hereby amended in the following respects and shall be construed and have effect accordingly, that is to say:—

(a) by the insertion in sub-section (1) before the words “may (any other Act to the contrary notwithstanding)” of the words “may be then brought back to the reformatory school or”;

(b) by the deletion in sub-section (1) of the word “sixteen” and the substitution of the word “seventeen” in lieu of the word so deleted, and

(c) by the insertion in sub-section (2) before the words “may (any other Act to the contrary notwithstanding)” of the words “may be brought back to the school or”.

Amendment of section 73 of the Principal Act.

19.—Section 73 of the Principal Act is hereby amended in the following respects and shall be construed and have effect accordingly, that is to say:—

(a) by the deletion of the words “and towards the expenses of disposing of any such offender or child by emigration”, and

(b) by the deletion of the proviso.

Amendment of section 74 of the Principal Act.

20.—Section 74 of the Principal Act is hereby amended in the following respects and shall be construed and have effect accordingly, that is to say:—

(a) by the deletion of sub-section (3) and the substitution in lieu thereof of the following sub-section, that is to say:

“(3) For the purposes of the foregoing provisions of this section, a youthful offender or child shall be presumed to reside—

(a) in case proof to the satisfaction of the court is given that he has been residing continuously in any one place within the State for not less than twelve months before the commission of the offence or the occurrence of the circumstances which rendered him liable to be sent to a certified school, the place where he so resided, or

(b) in case no such proof as aforesaid is given but proof to the satisfaction of the court is given that the parents, surviving parent, mother (in a case of illegitimacy), or guardian of the youthful offender or child resided continuously in any one place within the State for not less than twelve months before the commission of the offence or the occurrence of the circumstances which rendered him liable to be sent to a certified school, the place where such parents, parent, mother, or guardian so resided, or

(c) in any other case, the place where the offence was committed or the circumstances occurred which rendered him liable to be sent to a certified school,”

and

(b) by the deletion of sub-section (5).

Payments in respect of inmates of certified schools.

21.—(1) The Minister, with the consent of the Minister for Finance and the Minister for Local Government and Public Health, may make regulations prescribing the payments to be made by local authorities to the managers of certified schools for the maintenance of such children and youthful offenders as such local authorities are liable under section 74 of the Principal Act to maintain.

(2) Regulations under this section may prescribe different rates of payment in respect of different certified schools or different classes of certified schools and may prescribe such rates by reference to fixed amounts or by reference to maximum and minimum amounts.

(3) Where any regulations under this section are for the time being in force, it shall be the duty of every local authority to comply with such regulations and such duty shall lie on such local authority notwithstanding anything contained in any contract made (whether before or after the commencement of this section) by them under paragraph (a) of sub-section (8) of section 74 of the Principal Act and every such contract shall accordingly be deemed to be void to the extent (if any) to which it is inconsistent with such regulations.

(4) Every sum payable by a local authority in accordance with regulations under this section, to the managers of a certified school shall, in default of payment, be recoverable as a simple contract debt in any court of competent jurisdiction.

(5) Every regulation made under this section shall be laid before each House of the Oireachtas as soon, as may be after it is made, and, if a resolution annulling such regulation is passed by either such House within the next twenty-one days on which such House has sat after such regulation is laid before it, such regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Amendment of section 75 of the Principal Act.

22.—Section 75 of the Principal Act is hereby amended in the following respects and shall be construed and have effect accordingly, that is to say:—

(a) by the insertion in paragraph (b) of sub-section (2) before the words “chief inspector” of the words “local authority responsible under this Act for the maintenance of the offender or child or of the”

(b) by the deletion in sub-section (4) of the words “and on fourteen days' notice of such application being given to the chief inspector or person on whom the order was made” and the substitution in lieu of the words so deleted of the words “or of the local authority responsible under this Act for the maintenance of the offender or child”;

(c) by the addition at the end of sub-section (4) of the following words and paragraphs, that is to say, “and where any such application is made, fourteen days' notice thereof shall be given—

(a) in the case of an application by the person on whom the order is made, to the chief inspector,

(b) in the case of an application by or at the instance of the chief inspector, to the person on whom the order is made, and

(c) in the case of an application by or at the instance of the local authority responsible under this Act for the maintenance of the offender or child, to the chief inspector and to the person on whom the order is made”;

(d) by the deletion in sub-section (7) of the words “All sums received under this section shall be paid into the Exchequer” and the substitution in lieu of the words so deleted of the words “Every sum received under this section shall be apportioned between the Minister for Education and the local authority responsible under this Act for the maintenance of the offender or child in such proportion as the said Minister, with the consent of the Minister for Finance, directs”;

(e) by the deletion of the words “paid into the Exchequer” where those words occur at the end of sub-section (7) and the substitution in lieu of the words so deleted of the words “apportioned as aforesaid”, and

(f) by the insertion at the end of the section of the following sub-section, that is to say:—

“(12) Every sum apportioned to the Minister for Education under sub-section (7) of this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.”

Amendment of section 84 of the Principal Act.

23.—Section 84 of the Principal Act is hereby amended by the deletion of the word “sixteen” and the substitution of the word “seventeen” in lieu of the word so deleted, and the said section shall be construed and have effect accordingly.

Amendment of section 94 of the Principal Act.

24.—Section 94 of the Principal Act is hereby amended by the deletion of the word “sixteen” and the substitution of the word “seventeen” in lieu of the word so deleted, and the said section shall be construed and have effect accordingly.

Amendment of section 95 of the Principal Act.

25.—Section 95 of the Principal Act is hereby amended by the deletion of the word “sixteen” and the substitution of the word “seventeen” in lieu of the word so deleted, and the said section shall be construed and have effect accordingly.

Amendment of section 111 of the Principal Act.

26.—Section 111 of the Principal Act is hereby amended in the following respects and shall be construed and have effect accordingly, that is to say:—

(a) by the deletion in sub-section (2) of the word “sixteen” in both places where that word occurs and the substitution in lieu thereof in each case of the word “seventeen”, and

(b) by the deletion in sub-section (3) of the word “sixteen” in both places where that word occurs and the substitution in lieu thereof in each case of the word “seventeen”.

Amendment of sub-section (1) of section 123 of the Principal Act.

27.—Sub-section (1) of section 123 of the Principal Act is hereby amended by the deletion of the word “sixteen” and the substitution of the word “seventeen” in lieu of the word so deleted, and the said sub-seetion shall be construed and have effeet accordingly.

Repeal of sub-section (1) of section 128 of the Principal Act and new provision in lieu thereof.

28.—Sub-section (1) of section 128 of the Principal Act is hereby repealed and in lieu thereof it is hereby enacted that—

(a) in the definition of “child” contained in section 9 of the Summary Jurisdiction Over Children (Ireland) Act, 1884, “fifteen years” shall be substituted for “twelve years”, and

(b) in the definition of “young person” contained in the said section 9, “fifteen years” shall be substituted for “twelve years” and “seventeen years” shall be substituted for “sixteen years”.

Amendment of section 131 of the Principal Act.

29.—(1) Section 131 of the Principal Act is hereby amended by the deletion of the word “fourteen” where that word occurs in the definition of the expression “child” and the substitution in lieu of the word so deleted of the word “fifteen”.

(2) Section 131 of the Principal Act is hereby amended by the deletion of the words “fourteen” and “sixteen” where those words occur in the definition of the expression “young person” and the substitution in lieu of the words so deleted of the words “fifteen” and “seventeen” respectively.

(3) No person who is over the age of sixteen years and under the age of seventeen years shall be incapable of being sentenced to detention in a Borstal Institution by reason only of the extension, by virtue of the immediately preceding sub-section of this section, of the operation of sub-section (2) or sub-section (3) of section 102 of the Principal Act.

Repeal.

30.—The Children Act, 1929 (No. 24 of 1929), is hereby repealed.

Short title, collective citation, and commencement.

31.—(1) This Act may be cited as the Children Act, 1941.

(2) This Act and the Children Act, 1908, the Children Act (1908) Amendment Act, 1910, the Children (Employment Abroad) Act, 1913, and the Children Act, 1934 (No. 15 of 1934), may be cited together as the Children Acts, 1908 to 1941.

(3) This Act shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister either generally or with reference to any particular section or sections and different days may be so fixed for different sections of this Act.