Children Act, 1941

JurisdictionIreland
CitationIR No. 12/1941


Number 12 of 1941.


CHILDREN ACT, 1941.


ARRANGEMENT OF SECTIONS

Section

1.

Definitions.

2.

Extension of meaning of certified school.

3.

Regulations for the conduct of certified schools.

4.

Regulations prescribing remuneration of officers of certified schools.

5.

Resident manager of certified school.

6.

Amendment of section 44 of the Principal Act.

7.

Amendment of section 49 of the Principal Act.

8.

Amendment of section 55 of the Principal Act.

9.

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

10.

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

11.

Amendment of section 65 of the Principal Act.

12.

Extension of detention in industrial school.

13.

Amendment of section 67 of the Principal Act.

14.

Amendment of section 68 of the Principal Act.

15.

Supervision certificates.

16.

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

17.

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

18.

Amendment of section 72 of the Principal Act.

19.

Amendment of section 73 of the Principal Act.

20.

Amendment of section 74 of the Principal Act.

21.

Payments in respect of inmates of certified schools.

22.

Amendment of section 75 of the Principal Act.

23.

Amendment of section 84 of the Principal Act.

24.

Amendment of section 94 of the Principal Act.

25.

Amendment of section 95 of the Principal Act.

26.

Amendment of section 111 of the Principal Act.

27.

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

28.

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

29.

Amendment of section 131 of the Principal Act.

30.

Repeal.

31.

Short title, collective citation, and commencement.


Acts Referred to

Children Act, 1929

No. 24 of 1929

Children Act, 1934

No. 15 of 1934


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...

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