Children Act, 1934

• Jurisdiction: Ireland
• Citation: IR No. 15/1934
• Year: 1934

Number 15 of 1934.
CHILDREN ACT, 1934.
ARRANGEMENT OF SECTIONS
Section 1. The Principal Act. 2. General regulation and control by the Minister. 3. Amendment of section 1 of the Principal Act. 4. Amendment of section 2 of the Principal Act. 5. Amendment of section 3 of the Principal Act. 6. Amendment of section 4 of the Principal Act. 7. Amendment of section 5 of the Principal Act. 8. Amendment of section 11 of the Principal Act. 9. The local authority. 10. Reception in emergencies of infants. 11. Special provision for certain existing cases. 12. Saving for certain existing insurances. 13. Prohibition of certain advertisements. 14. Short title and citation.
Number 15 of 1934.
CHILDREN ACT, 1934.
AN ACT TO AMEND THE LAW RELATING TO THE PROTECTION OF INFANT LIFE, AND FOR THAT PURPOSE TO AMEND PART I OF THE CHILDREN ACT, 1908. [5th May, 1934.]
BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—
	The Principal Act.	1.—In this Act the expression “the Principal Act” means the Children Act, 1908.
	General regulation and control by the Minister.	2.—Local Authorities (as defined in section 10 of the Principal Act as amended by this Act) shall, in the administration of Part I of the Principal Act and the performance of their functions thereunder, be subject to the general regulation and control of the Minister for Local Government and Public Health and shall, in such administration and in relation to such functions, comply with all such general directions as shall be given to them by the said Minister.
	Amendment of section 1 of the Principal Act.	3.—Section 1 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 the said section of the following five sub-sections in lieu of sub-sections (1), (2), (3), (4), and (5) now contained therein, that is to say:—
	“(1) Where a person undertakes, for reward or promise of reward, the nursing and maintenance of one or more infants under the age of nine years apart from their parents or having no parents, he shall, at least forty-eight hours before the reception of any such infant, give notice in writing thereof to the local authority.
	(2) Where a person undertakes, for reward or promise of reward, the nursing and maintenance of an infant already in his care without reward, the entering into the undertaking shall, for the purposes of this Part of this Act, be treated as a reception of the infant, but in such case the notice required by the next preceding sub-section of this section may be given at any time before or within forty-eight hours after such reception.
	(3) The notice shall state the name, sex, and date and place of birth of the infant, the name of the person receiving the infant, and the dwelling within which the infant is about to be or is being kept, and the name and address of the person from whom the infant is about to be or has been received.
	(4) If a person who has undertaken the nursing and maintenance of any such infant changes his residence, he shall, at least forty-eight hours before making such change, give to the local authority notice in writing of such change, and where the residence to which he moves is situate in the district of another local authority, he shall give to that local authority the like notice as respects each infant in his care as he is by this section required to give on the first reception of the infant: Provided that, where such change of residence is made suddenly by necessity arising from an unforeseen emergency, the notices required by this sub-section may be given at any time within forty-eight hours after such change of residence.
	(5) If any such infant dies or is removed from the care of the person who has undertaken its nursing and maintenance, that person shall, within twenty-four hours after such death or at least forty-eight hours before such removal (as the case may be), give to the local authority notice in writing of such death or removal, and in the latter case also of the name and address of the person to whose care the infant is about to be transferred”;
	(b) by the insertion in sub-section (7) thereof of the words “or before the latest time” immediately before the words “specified for giving”;
	(c) by the insertion at the end of the said section of the following two additional sub-sections, that is to say:—
	“(8) For the purpose of any enactment by which the time for taking proceedings is limited, the offence created by the next preceding sub-section of this section of failing to give a notice shall be deemed to continue so long as the infant in respect of which such notice ought to have been given remains, without such notice being given, in the care of the person by whom such notice ought to have been given.
	(9) Where an infant which is illegitimate is kept and maintained in such circumstances that the notices mentioned in this section would be required to be given if such keeping and maintenance were done for reward, such infant shall, for the purposes of this section, be deemed, until the contrary is proved, to be so kept and maintained for reward.”
	Amendment of section 2 of the Principal Act.	4.—(1) Section 2 of the Principal Act is hereby amended in the following respects and shall be construed and have effect accordingly, that is to say:—
	(a) in sub-section (2) of the said section, by the insertion of the words “health and” before the word “proper,” and the deletion of all words after the word “authorisation” in the proviso;
	(b) in sub-section (6) of the said section, by the substitution of the word “nine” for the word “seven.”
	(2) The following provisions shall have effect in relation to section 2 of the Principal Act, that is to say:—
	(a) every appointed under sub-section (2) of section 2 of the Principal Act of a person to be an infant protection visitor shall be subject to the approval of...