Ombudsman For Children Act, 2002

• Jurisdiction: Ireland
• Citation: IR No. 22/2002
• Year: 2002

• Full Act
• Act by Section
• Act As Enacted
• Amendments
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Number 22 of 2002

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OMBUDSMAN FOR CHILDREN ACT 2002

REVISED

Updated to 26 December 2018

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This Revised Act is an administrative consolidation of the Ombudsman for Children Act 2002. 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 Public Service Superannuation (Age of Retirement) Act 2018 (39/2018), enacted 26 December 2018, and all statutory instruments up to and including European Union (General Framework for Securitisation and Specific Framework for Simple, Transparent and Standardised Securitisation) Regulations 2018 (S.I. No. 656 of 2018), made 20 December 2018, 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 22 of 2002

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OMBUDSMAN FOR CHILDREN ACT 2002

REVISED

Updated to 26 December 2018

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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

This Act is not collectively cited with any other Act.

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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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 1977, 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

• Freedom of Information Act 2014 (30/2014)

• Child and Family Agency Act 2013 (40/2013)

• Ombudsman (Amendment) Act 2012 (38/2012)

• Ministers and Secretaries (Amendment) Act 2011 (10/2011)

• Adoption Act 2010 (21/2010)

• Consumer Protection Act 2007 (19/2007)

• Registration of Deeds and Title Act 2006 (12/2006)

• Health Act 2004 (42/2004)

• Public Service Superannuation (Miscellaneous Provisions) Act 2004 (7/2004)

• Social Welfare (Miscellaneous Provisions) Act 2003 (4/2003)

• Pensions Act 1990 (25/1990)

All Acts up to and including Public Service Superannuation (Age of Retirement) Act 2018 (39/2018), enacted 26 December 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• Occupational Pension Schemes (Funding Standard) (Amendment) Regulations 2014 (S.I. No. 268 of 2014)

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

• Ombudsman for Children Act 2002 (Section 11(2)(a)) Order 2012 (S.I. No. 210 of 2012)

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

• Office of the Minister for Children and Youth Affairs (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 218 of 2011)

• 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)

• Ombudsman for Children Act 2002 (Commencement) Order 2004 (S.I. No. 925 of 2004)

• Ombudsman for Children (Section 4) (Commencement) Order 2003 (S.I. No. 712 of 2003)

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

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

All statutory instruments up to and including European Union (General Framework for Securitisation and Specific Framework for Simple, Transparent and Standardised Securitisation) Regulations 2018 (S.I. No. 656 of 2018), made 20 December 2018, were considered in the preparation of this revision.

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Number 22 of 2002

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OMBUDSMAN FOR CHILDREN ACT 2002

REVISED ACT

Updated to 26 December 2018

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ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section
1.	Short title and commencement.
2.	Interpretation.
3.	Expenses.

PART 2

Ombudsman for Children

Chapter 1

Appointment, terms and conditions of office

4.	Appointment and term of office.
5.	Salary, allowances for expenses and superannuation.

Chapter 2

Performance of functions

6. Performance of functions.

Chapter 3

Rights and welfare of children

7. Function to promote rights and welfare of children.

Chapter 4

Complaints against public bodies, schools and voluntary hospitals

8.	Function to examine and investigate complaints against public bodies.
9.	Function to examine and investigate complaints against schools and voluntary hospitals.
10.	Preliminary examination and investigation of complaints.
11.	Exclusions.
12.	Amendment of section 5 of Act of 1980.

Chapter 5

Examination and investigation of complaints

13.	Reports, etc.
14.	Powers in respect of preliminary examinations and investigations.
15.	Conduct of investigations.
16.	Secrecy of information.

Chapter 6

Miscellaneous

17.	Accounts and audits.
18.	Attendance before Public Accounts Committee.
19.	Attendance before other Committees of Houses of Oireachtas.
20.	Amendment of Freedom of Information Act, 1997.
21.	Staff.

SCHEDULE 1

Public Bodies subject to investigation

PART 1

PART 2

SCHEDULE 2

Voluntary Hospitals

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Acts Referred to
	Adoption Acts, 1952 to 1998
	Children Act, 1908	1908, c. 67
	Civil Service Commissioners Act, 1956	1956, No. 45
	Civil Service Regulation Act, 1956	1956, No. 46
	Civil Service Regulation Acts, 1956 to 1996
	Comptroller and Auditor General (Amendment) Act, 1993	1993, No. 8
	County Management Acts, 1940 to 1994
	Court Officers Acts, 1926 to 1999
	Courts (Supplemental Provisions) Act, 1961	1961, No. 39
	Defence Forces Acts, 1954 to 1998
	Education Act, 1998	1998, No. 51
	European Parliament Elections Act, 1997	1997, No. 2
	Freedom of Information Act, 1997	1997, No. 13
	Garda Síochána (Complaints) Act, 1986	1986, No. 29
	Guardianship of Children Acts, 1964 to 1997
	Health Act, 1970	1970, No. 1
	Health Acts, 1947 to 2001
	Health (Eastern Regional Health Authority) Act, 1999	1999, No. 13
	Income Tax Acts
	Interpretation Act, 1937	1937, No. 38
	Local Government Act, 2001	2001, No. 37
	Ombudsman Act, 1980	1980, No. 26
	Social Welfare Acts

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Number 22 of 2002

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OMBUDSMAN FOR CHILDREN ACT 2002

REVISED ACT

Updated to 26 December 2018

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AN ACT TO PROVIDE FOR THE APPOINTMENT AND FUNCTIONS OF AN OMBUDSMAN FOR CHILDREN, AND FOR PURPOSES CONNECTED THEREWITH. [1st May, 2002]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

C1

C1

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3 and sch. 1, subject to transitional provisions in arts. 5-9, in effect as per art. 1(2).

2.— (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3.— The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

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Schedule 1

Part 2

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1922 to 2011 Enactments

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Number and Year	Short Title	Provision
(1)	(2)	(3)
...	...	...
No. 22 of 2002	Ombudsman for Children Act 2002	Sections 14 and 17
...	...	...

C2

Functions transferred and references to “Department of Health and Children” and...