Education (Miscellaneous Provisions) Act, 2007

• Jurisdiction: Ireland
• Citation: IR No. 9/2007

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Number 9 of 2007

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EDUCATION (MISCELLANEOUS PROVISIONS) ACT 2007

REVISED

Updated to 24 June 2021

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This Revised Act is an administrative consolidation of Education (Miscellaneous Provisions) Act 2007. It is prepared by the Law Reform Commission in accordance with its function under 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 Criminal Justice (Perjury and Related Offences) Act 2021 (13/2021), enacted 21 June 2021, and all statutory instruments up to and including Education (Miscellaneous Provisions) Act 2007 (Vesting) Order 2021 (S.I. No. 307 of 2021), made 24 June 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.

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Number 9 of 2007

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EDUCATION (MISCELLANEOUS PROVISIONS) ACT 2007

REVISED

Updated to 24 June 2021

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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

Education Acts 1878 to 2018: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Education (Admission to Schools) Act 2018 (14/2018), s. 13(2)). The Acts in this group are:

• Intermediate Education (Ireland) Act 1878 (41 & 42 Vict. c. 66)

• Intermediate Education (Ireland) Act 1882 (45 & 46 Vict. c. 69)

• Intermediate Education (Ireland) Act 1900 (63 & 64 Vict, c. 43)

• Intermediate Education (Ireland) Act 1913 (3 & 4 Geo. 5, c. 29)

• Intermediate Education (Amendment) Act 1924 (47/1924)

• Education Act 1998 (51/1998)

• Vocational Education (Amendment) Act 2001 (23/2001), s. 36

• Education (Miscellaneous Provisions) Act 2007 (9/2007), ss. 2 to 5

• Education (Amendment) Act 2012 (14/2012), ss. 1(3) and 4 to 7

• Education (Miscellaneous Provisions) Act 2015 (11/2015), s. 7

• Teaching Council (Amendment) Act 2015 (31/2015), s. 32

• Education (Admission to Schools) Act 2018 (14/2018), other than ss. 10 , 11, 12(b), (c), (d)

Act previously included in the collective citation but now repealed:

• Intermediate Education (Ireland) Act 1914 (4 & 5 Geo. 5, c. 41)

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

• Education (Admission to Schools) Act 2018 (14/2018)

• Education and Training Boards Act 2013 (11/2013)

• Education (Amendment) Act 2012 (14/2012)

All Acts up to and including Criminal Justice (Perjury and Related Offences) Act 2021 (13/2021), enacted 21 June 2021, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• Education (Miscellaneous Provisions) Act 2007 (Vesting) Order 2021 (S.I. No. 307 of 2021)

• Education (Miscellaneous Provisions) Act 2007 (Section 7) (Commencement) Order 2021 (S.I. No. 306 of 2021)

• Education (Miscellaneous Provisions) Act 2007 (Commencement) Order 2014 (S.I. No. 274 of 2014)

• Education (Miscellaneous Provisions) Act 2007 (Commencement) Order 2013 (S.I. No. 166 of 2013)

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

All statutory instruments up to and including Education (Miscellaneous Provisions) Act 2007 (Vesting) Order 2021 (S.I. No. 307 of 2021), made 24 June 2021, were considered in the preparation of this revision.

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Number 9 of 2007

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EDUCATION (MISCELLANEOUS PROVISIONS) ACT 2007

REVISED

Updated to 24 June 2021

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Acts Referred to

Education (Welfare) Act 2000	2000, No. 22
Education Act 1998	1998, No. 51
Education Acts 1878 to 2001
Education for Persons with Special Educational Needs Act 2004	2004, No. 30

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Number 9 of 2007

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EDUCATION (MISCELLANEOUS PROVISIONS) ACT 2007

REVISED

Updated to 24 June 2021

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AN ACT TO PROVIDE FOR CERTAIN CHANGES IN THE HEARING OF APPEALS UNDER SECTION 29 OF THE EDUCATION ACT 1998, TO PROVIDE FOR CERTAIN CHANGES IN THE FUNCTIONS PERFORMED BY THE INSPECTORATE UNDER SECTION 13 OF THAT ACT, TO MAKE PROVISION WITH REGARD TO ACCESS TO CERTAIN INFORMATION UNDER THAT ACT, FOR THOSE AND OTHER PURPOSES TO AMEND THE EDUCATION ACT 1998 AND THE EDUCATION (WELFARE) ACT 2000, TO PROVIDE FOR THE TRANSFER OF CERTAIN LANDS AND TO PROVIDE FOR RELATED MATTERS.

[31st March, 2007]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1.

Definitions.

1.— In this Act—

“ Act of 1998 ” means the Education Act 1998;

“ Act of 2000 ” means the Education (Welfare) Act 2000;

“ Minister ” means the Minister for Education and Science.

2.

Amendment of section 2 of Act of 1998.

2.— Section 2 of the Act of 1998 is amended, in subsection (1), by inserting the following definition before the definition of “articles of management”:

“ ‘ Act of 2000 ’ means the Education (Welfare) Act 2000;”.

3.

Amendment of section 13 of Act of 1998.

3.— Section 13 of the Act of 1998 is amended—

(a) in subsection (3), by deleting paragraphs (a)(ii) and (h),

(b) by deleting subsection (4), and

(c) by adding the following subsections:

“(13) The Chief Inspector, with the consent of the Minister, may delegate the performance of one or more of his or her functions to an Inspector nominated by the Chief Inspector and functions so delegated to such an Inspector shall be performable by him or her accordingly.

(14) The Minister may appoint an Inspector to perform the functions of the Chief Inspector during any period in which the Chief Inspector is temporarily unable to perform his or her functions, whether because of absence, ill-health or for any other reason, and, for the duration of that period, the functions of the Chief Inspector shall be performable by the Inspector so appointed accordingly.”.

4.

Amendment of section 29 of Act of 1998.

4.— F1[…]

Annotations:

Amendments:

F1

Repealed (12.11.2020) by Education (Admission to Schools) Act 2018 (14/2020), s. 12(d), S.I. No. 366 of 2020).

5.

Amendment of section 53 of Act of 1998.

5.— Section 53 of the Act of 1998 is amended by inserting “or the State Examinations Commission” after “Minister”.

6.

Amendment of Act of 2000.

6.— F2[…]

Annotations:

Amendments:

F2

Repealed (12.11.2020) by Education (Admission to Schools) Act 2018 (14/2020), s. 12(d), S.I. No. 366 of 2020).

7.

Transfer of lands from City of Cork Vocational Education Committee.

7.— (1) In this section—

“Commissioners” means the Commissioners of Public Works in Ireland;

F4["Board" means Cork Education and Training Board;]

“relevant day specified in the order” means—

(a) if a single day is specified in an...