Children Act 2001

Enactment Date08 July 2001
Act Number24


Number 24 of 2001


CHILDREN ACT 2001

REVISED

Updated to 7 May 2021


This Revised Act is an administrative consolidation of the Children Act 2001. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Children (Amendment) Act 2021 (6/2021), enacted 26 April 2021, and all statutory instruments up to and including the Children (Amendment) Act 2021 (Commencement) Order 2021 (S.I. No. 199 of 2021), made 27 April 2021, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 24 of 2001


CHILDREN ACT 2001

REVISED

Updated to 7 May 2021


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Children Acts 2001 to 2021: this Act is one of a group of Acts included in this collective citation to be construed together as one (Children (Amendment) Act 2021 (6/2021), s. 2(2)). The Acts in this group are:

Children Act 2001 (24/2001)

Health Act 2004 (42/2004), s. 75, in so far as it amends the Children Act 2001

Criminal Justice Act 2006 (26/2006), Part 12

Child Care (Amendment) Act 2007 (26/2007), Part 3 (except s. 21)

Child Care (Amendment) Act 2011 (19/2011), ss. 27, 32, 33, 37 to 45 and 47

Children (Amendment) Act 2015 (30/2015), Parts 1 and 2

Children (Amendment) Act 2021 (6/2021)

Child Care Acts 1991 to 2015: this Act (Part 2 and s. 267) is one of a group of Acts included in this collective citation to be construed together as one (Child Care (Amendment) Act 2015 (45/2015), s. 16(2)). The Acts in this group are:

Child Care Act 1991 (17/1991)

Children Act 2001 (24/2001), Part 2 and s. 267

Health Act 2004 (42/2004), s. 75, in so far as it amends the Child Care Acts 1991 and 2001

Child Care (Amendment) Act 2007 (26/2007), s. 1(3) and Part 2 s. 21, in so far as it amends the Child Care Acts 1991 and 2001

Child Care (Amendment) Act 2011 (19/2011), other than ss. 27, 32, 33, 35, 36, 37 to 45, 47 and 49

Child Care (Amendment) Act 2013 (5/2013)

Children and Family Relationships Act 2015 (9/2015), s. 175

Child Care (Amendment) Act 2015 (45/2015), other than ss. 14 and 15

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Children (Amendment) Act 2021 (6/2021)

Harassment, Harmful Communications and Related Offences Act 2020 (32/2020)

Criminal Justice (Victims of Crime) Act 2017 (28/2017)

Criminal Law (Sexual Offences) Act 2017 (2/2017)

Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016)

Child Care (Amendment) Act 2015 (45/2015)

Children (Amendment) Act 2015 (30/2015)

Children and Family Relationships Act 2015 (9/2015)

Child and Family Agency Act 2013 (40/2013)

Taxi Regulation Act 2013 (37/2013)

Education and Training Boards Act 2013 (11/2013)

Child Care (Amendment) Act 2013 (5/2013)

Criminal Justice (Female Genital Mutilation) Act 2012 (11/2012)

Criminal Law (Defence and the Dwelling) Act 2011 (35/2011)

Criminal Justice (Community Service) (Amendment) Act 2011 (24/2011)

Child Care (Amendment) Act 2011 (19/2011)

Criminal Justice (Public Order) Act 2011 (5/2011)

Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009)

Criminal Justice Act 2007 (29/2007)

Child Care (Amendment) Act 2007 (26/2007)

Medical Practitioners Act 2007 (25/2007)

Health Act 2007 (23/2007)

Criminal Law (Sexual Offences) (Amendment) Act 2007 (6/2007)

International Criminal Court Act 2006 (30/2006)

Criminal Justice Act 2006 (26/2006)

Criminal Law (Sexual Offences) Act 2006 (15/2006)

Health Act 2004 (42/2004)

Civil Liability and Courts Act 2004 (31/2004)

Non-Fatal Offences Against the Person Act 1997 (26/1997)

Criminal Law (Sexual Offences) Act 1993 (20/1993)

Child Care Act 1991 (17/1991)

Pensions Act 1990 (25/1990)

All Acts up to and including Children (Amendment) Act 2021 (6/2021), enacted 26 April 2021, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Children Act 2001 (Designation of Remand Centre) Order 2016 (S.I. No. 274 of 2016)

Children Act 2001 (Amalgamation of Children Detention Schools) Order 2016 (S.I. No. 273 of 2016)

Children Act 2001 (Section 160 Designation) Order 2016 (S.I. No. 28 of 2016)

Children Act 2001 (Designation of Remand Centres) Order 2015 (S.I. No. 95 of 2015)

Children Act 2001 (Section 160 Designation) Order 2015 (S.I. No. 94 of 2015)

Occupational Pension Schemes (Funding Standard) (Amendment) Regulations 2013 (S.I. No. 135 of 2013)

Children Act 2001 (Designation of Remand Centres) Order 2012 (S.I. No. 136 of 2012)

Remand Centres and Children Detention Schools (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 668 of 2011)

Child Care (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 488 of 2011)

Finance (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 2011 (S.I. No. 480 of 2011)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Children Acts Advisory Board Spouses and Children’s Contributory Pension Scheme 2011 (S.I. No. 4 of 2011)

Children Acts Advisory Board Employee Superannuation Scheme 2011 (S.I. No. 3 of 2011)

Finglas Child and Adolescent Centre (Children Detention School) (Section 163(1)) Order 2010 (S.I. No. 46 of 2010)

Occupational Pension Schemes (Preservation of Benefits)(Amendment) Regulations 2009 (S.I. No. 70 of 2009)

Occupational Pension Schemes (Funding Standard)(Amendment) Regulations 2008 (S.I. No. 295 of 2008)

Children Act 2001 (Commencement) (No. 3) Order 2007 (S.I. No. 524 of 2007)

Children Act 2001 (Commencement) (No. 2) Order 2007 (S.I. No. 510 of 2007)

Children Act 2001 (Commencement) Order 2007 (S.I. No. 64 of 2007)

Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Siochana Stations)(Amendment) Regulations 2006 (S.I. No. 641 of 2006)

Civil Liability and Courts Act 2004 (Section 40(4)) Order 2005 (S.I. No. 338 of 2005)

Child Care (Special Care) Regulations 2004 (S.I. No. 550 of 2004)

Children (Family Welfare Conference) Regulations 2004 (S.I. No. 549 of 2004)

Children Act 2001 (Commencement) (No. 2) Order 2004 (S.I. No. 548 of 2004)

Children Act 2001 (Commencement) Order 2004 (S.I. No. 468 of 2004)

Children Act 2001 ((Section 159)(1)) (Commencement) Order 2003 (S.I. No. 741 of 2003)

Children Act 2001 (Part 11) (Commencement) Order 2003 (S.I. No. 527 of 2003)

Occupational Pension Schemes (Preservation of Benefits) Regulations 2002 (S.I. No. 279 of 2002)

Children Act 2001 (Commencement) Order 2002 (S.I. No. 151 of 2002)

Occupational Pension Schemes (Funding Standard) Regulations 1993 (S.I. No. 419 of 1993)

Criminal Justice Act 1984 (Treatment of persons in custody in Garda Síochána Stations) Regulations 1987 (S.I. No. 119 of 1987)

All statutory instruments up to and including Children (Amendment) Act 2021 (Commencement) Order 2021 (S.I. No. 199 of 2021), made 27 April 2021, were considered in the preparation of this revision.


Number 24 of 2001


CHILDREN ACT 2001

REVISED

Updated to 7 May 2021


ARRANGEMENT OF SECTIONS

PART 1

Preliminary

Section

1.

Short title and collective citation.

2.

Commencement.

3.

Interpretation (general).

4.

Laying of regulations before Houses of Oireachtas.

5.

Repeals.

6.

Expenses.

PART 2

Family Welfare Conferences

7.

Convening of family welfare conference.

8.

Functions of conference.

9.

Persons entitled to attend conference.

10.

Procedure at conference.

11.

Administrative services.

12.

Notification of recommendations of conference.

13.

Action by health board on recommendations.

14.

Privilege.

15.

Regulations.

15A.

...

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