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17 1991

CHILD CARE ACT, 1991

PART VIII

Children's Residential Centres

Definitions for Part VIII .

59. —In this Part—

children's residential centre” means any home or other institution for the residential care of children in the care of health boards or other children who are not receiving adequate care and protection excluding—

(a) an institution managed by or on behalf of a Minister of the Government or a health board,

(b) an institution in which a majority of the children being maintained are being treated for acute illnesses,

(c) an institution for the care and maintenance of physically or mentally handicapped children,

(d) a mental institution within the meaning of the Mental Treatment Acts, 1945 to 1966,

(e) an institution which is a “certified school” within the meaning of Part IV of the Children Act, 1908, functions in relation to which stand vested in the Minister for Education;

centre” means a children's residential centre;

register” means a register of children's residential centres established under section 61 and, in relation to a particular health board, means the register established by that board and cognate words shall be construed accordingly;

registered proprietor”, in relation to a registered children's residential centre, means the person whose name is entered in the register as the person carrying on the centre;

the regulations” means the regulations under section 63 .

Prohibition of unregistered children's residential centres.

60. —(1) A person shall not carry on a children's residential centre unless the centre is registered and the person is the registered proprietor thereof.

(2) A person shall not be in charge of a centre unless the centre is registered.

(3) Any person who contravenes a provision of this section shall be guilty of an offence.

Registration of children's residential centres.

61. —(1) Each health board shall establish and maintain a register of children's residential centres in its functional area (referred to subsequently in this Act as “a register”).

(2) (a) There shall be entered in a register in respect of each centre registered therein the name of the person by whom it is carried on, the name of the person who is in charge of it, the address of the premises in which it is carried on, a statement of the number of children who can be accommodated in the centre, the date on which the registration is to take effect (referred to subsequently in this section as “the date of registration”) and such other (if any) particulars as may be prescribed.

(b) A register maintained under this section shall be made available for inspection free of charge by members of the public at all reasonable times.

(3) (a) A health board may, on application to it in that behalf by a person who proposes to carry on a centre in its functional area, register or refuse to register the centre.

(b) Subject to the provisions of this section, the period of a registration shall be 3 years from the date of registration.

(4) A health board may remove a centre from the register.

(5) A health board shall not—

(a) refuse to register a centre in relation to which an application for its registration has been duly made, or

(b) remove a centre from the register,

unless—

(i) it is of opinion that—

(I) the premises to which the application or, as the case may be, the registration relates do not comply with the regulations, or

(II) the carrying on of the centre will not be or is not in compliance with the regulations, or

(ii) the applicant or the registered proprietor, as the case may be, or the person in charge or, as the case may be, proposed to be in charge of the centre has been convicted of an offence under this Part or of any other offence that is such as to render the person unfit to carry on or, as the case may be, to be in charge of the centre, or

(iii) the applicant or the registered proprietor, as the case may be, has failed or refused to furnish the board with information requested by it pursuant to subsection (8) or has furnished the board with information that is false or misleading in a material particular, or

(iv) the registered proprietor has, not more than one year before the date from which the registration or removal from the register would take effect, contravened a condition under subsection (6).

(6) (a) A health board may—

(i) at the time of registration or subsequently attach to the registration conditions in relation to the carrying on of the centre concerned and such other matters as it considers appropriate having regard to its functions under this Part,

(ii) attach different conditions to the registration of different centres, and

(iii) amend or revoke a condition of registration.

(b) Conditions imposed under this subsection or amendments and revocations under this subsection shall be notified in writing to the registered proprietor of the centre concerned.

(7) An application for registration shall be in the prescribed form or in a form to the like effect.

(8) (a) A health board may request an applicant for registration or, as the case may be, a registered proprietor to furnish it with such information as it considers necessary for the purposes of its functions under this Part.

(b) A person who, whether in pursuance of a request or otherwise, furnishes information to a health board for the purposes of this Part that is false or misleading in a material particular shall be guilty of an offence unless he shows that, at the time the information was furnished to the board, he was not aware that it was false or misleading in a material particular.

(9) The registered proprietor of a centre who proposes to carry on the centre immediately after the expiration of the period of registration of the centre may apply under subsection (3) to the health board concerned not less than 2 months before such expiration for the registration of the centre and, if the board does not notify him before such expiration that it proposes to refuse to register the centre, it shall register the centre and its date of registration shall be the day following the day of such expiration.

(10) (a) Where a registered children's residential centre commences to be carried on by a person other than the registered proprietor—

(i) the centre shall thereupon cease to be registered,

(ii) the person shall (if he has not done so before such commencement) apply not later than 4 weeks after it to the health board concerned for the registration of the centre, and, if the application is granted, the date of registration of the centre shall be that of the day following the day of the cesser aforesaid,

(iii) if the application aforesaid is duly made, and is not refused then, during the period from the commencement aforesaid until the centre is registered, it shall be deemed, for the purposes of section 60 to be registered and there shall be deemed to be attached to the registration any conditions attached to the previous registration.

(b) A person who contravenes paragraph (a) (ii) shall be guilty of an offence.

(11) (a) Where a health board proposes to refuse to register a children's residential centre, to remove a centre from the register, to attach a condition to, or amend or revoke a condition attached to, a registration, it shall notify in writing the applicant or the registered proprietor, as the case may be, of its proposal and of the reasons for it.

(b) A person who has been notified of a proposal under paragraph (a) may, within 21 days of the receipt of the notification, make representations in writing to the health board concerned and the board shall—

(i) before deciding the matter, take into consideration any representations duly made to it under this paragraph in relation to the proposal, and

(ii) notify the person in writing of its decision and of the reasons for it.

(12) A notification of a proposal of a health board under subsection (11) shall include a statement that the person concerned may make representations to the board within 21 days of the receipt by him of the notification and a notification of a decision of a health board under subsection (11) shall include a statement that the person concerned may appeal to the District Court under section 62 against the decision within 21 days from the receipt by him of the notification.

(13) Where, in relation to a children's residential centre, there is a contravention of a condition of registration, the registered proprietor and the person in charge of the centre shall be guilty of an offence.

Appeals.

62. —(1) A person, being the registered proprietor or, as the case may be, the person intending to be the registered proprietor, of a children's residential centre, may appeal to the District Court against a decision of a health board to refuse to register the centre, to remove the centre from the register or to attach a condition, or to amend or revoke a condition attached, to the registration of the centre and such an appeal shall be brought within 21 days of the receipt by the person of the notification of the decision under section 61 and that court may, as it thinks proper, confirm the decision or direct the health board, as may be appropriate, to register, or to restore the registration of, the centre, to withdraw the condition or the amendment to or revocation of a condition, to attach a specified condition to the registration or to make a specified amendment to a condition of the registration.

(2) The jurisdiction conferred on the District Court by this section shall be exercised by the justice of the District Court for the time being assigned to the district court district in which the centre concerned is situated.

(3) A decision of the District Court under this section on a question of fact shall be final.

(4) Where a notification of a decision specified in subsection (1) (other than a decision to refuse to register a centre which was not registered or deemed to be registered at the time of the relevant application for registration) is given under section 61 , then—

(a) during such period from such notification (not being less than 21 days) as the health board concerned considers reasonable and specifies in the notification, the centre shall be treated as if the decision had not been made and, if the decision was to refuse an application under paragraph (a) of section 61 (10) for registration, be treated as if it had been registered and the registration had attached to it any conditions attached to the relevant registration that had ceased by virtue of subparagraph (i) of the said paragraph (a), and

(b) if an appeal against the decision is brought under this section, during—

(i) the period from the end of the period aforesaid until the determination or withdrawal of the appeal or any appeal therefrom or from any such appeal, and

(ii) such further period (if any) as the court concerned considers reasonable and specifies in its decision,

the centre shall—

(I) be treated for the purposes of section 61 as if the appeal had been upheld, and

(II) if the appeal was against a decision of the health board to refuse an application under paragraph (a) of section 61 (10) for registration, be treated as if the registration had attached to it any conditions attached to the relevant registration that had ceased by virtue of subparagraph (i) of the said paragraph (a).

(5) The health board concerned shall be given notice of an appeal under this section and shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.

Regulations in relation to children's residential centres.

63. —(1) The Minister shall, for the purpose of ensuring proper standards in relation to children's residential centres, including adequate and suitable accommodation, food and care for children while being maintained in centres, and the proper conduct of centres, make such regulations as he thinks appropriate in relation to centres.

(2) Without prejudice to the generality of subsection (1), regulations under this section may—

(a) prescribe requirements as to the maintenance, care and welfare of children while being maintained in centres,

(b) prescribe requirements as to the numbers, qualifications and availability of members of the staffs of centres,

(c) prescribe requirements as to the design, maintenance, repair, cleaning and cleanliness, ventilation, heating and lighting of centres,

(d) prescribe requirements as to the accommodation (including the amount of space in bedrooms, the washing facilities and the sanitary conveniences) provided in centres,

(e) prescribe requirements as to the food provided for children while being maintained in centres,

(f) prescribe requirements as to the records to be kept in centres and for the examination and copying of any such records or of extracts therefrom by officers of health boards,

(g) provide for the inspection of premises in which centres are being carried on or are proposed to be carried on or that are reasonably believed by a health board to be premises in which a centre is being carried on and otherwise for the enforcement and execution of the regulations by the appropriate health boards and their officers.

(3) (a) Where, in relation to a centre, there is a failure or refusal to comply with a provision of the regulations, the registered proprietor and the person in charge of the centre shall be guilty of an offence.

(b) A person who fails or refuses to comply with a provision of the regulations shall be guilty of an offence.

(4) (a) Where a person is convicted of an offence under this section, the Circuit Court may, on the application of the health board concerned, brought not more than six months after the conviction or, in the case of an appeal against the conviction, the final determination of it or of any further appeal (if it is a determination affirming the conviction) or the withdrawal of any such appeal therefrom, by order declare that the person shall be disqualified during such period as may be specified in the order from carrying on, being in charge, or concerned with the management, of the centre to which the conviction related or, at the discretion of that Court, any centre.

(b) A person in respect of whom an order is made under this subsection shall not during the period specified in the order carry on, be in charge, or concerned with the management, of the centre specified in the order or, if the order so specifies, of any centre.

(c) A person who contravenes paragraph (b) shall be guilty of an offence.

(d) Notice of an application under this subsection shall be given to the person convicted of the offence concerned and he shall be entitled to appear, be heard and adduce evidence on the hearing of the application.

(e) The jurisdiction conferred on the Circuit Court by this subsection shall be exercised by the judge of the Circuit Court for the time being assigned to the circuit in which the premises concerned are situated.

(5) A person who wilfully obstructs or interferes with a health board or an officer of a health board in the performance of functions under the regulations or who fails or refuses to comply with a requirement of a health board or an officer of a health board under such regulations shall be guilty of an offence.

Offences under Part VIII .

64. —A person guilty of an offence under this Part shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months or to both.

Discontinuance of centre.

65. —(1) Where the registered proprietor of a children's residential centre intends to cease to carry on the centre, he shall give six months' notice in writing to the health board for the area in which the centre is situated and at the expiration of six months from the date of the notice (unless before that time the notice is withdrawn or the period of registration has expired) the centre shall cease to be registered under this Part.

(2) A health board may, if it so thinks fit, accept a shorter period of notice for the purposes of subsection (1) and the provisions of that subsection shall apply with the necessary modifications.

Superannuation of certain staff.

66. —(1) An employee of a children's residential centre to which this section applies shall, for the purposes of the Local Government (Superannuation) Act, 1980 , be deemed to be employed by the health board for the area in which the centre is situated subject to any modifications (including modifications to any scheme or regulations made under the said Act of 1980 and modifications as to service reckonable as pensionable service) which may, with the consent of the Minister for the Environment, be specified in an order made by the Minister.

(2) In this section, “employee” means a person employed by a children's residential centre who is the holder in a wholetime capacity of a position, the establishment, remuneration and conditions of service of which have been approved by the health board for the area in which the centre is situated, with the consent of the Minister.

(3) This section applies to a children's residential centre which—

(a) is not directly operated or administered by a health board,

(b) is funded by a health board, and

(c) is specified by the Minister for the purpose of this section.

Transitional provisions.

67. —(1) On the commencement of this Part, every institution which, immediately before such commencement, was an industrial school certified in accordance with Part IV of the Children Act, 1908, functions in relation to which stood vested in the Minister, shall cease to be so certified and shall be deemed to be registered under this Part as a children's residential centre.

(2) On the commencement of this Part, every school which, immediately before such commencement, was a school approved (or deemed to be approved) for the purposes of section 55 of the Health Act, 1953 shall be deemed to be registered under this Part as a children's residential centre.