lrc_2000_act_22

(LRC Revised)

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LRC Revised Act

Education (Welfare) Act 2000 (LRC Revised) Open official source

Number 22 of 2000

EDUCATION (WELFARE) ACT 2000

REVISED

Updated to 19 February 2025

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an

administrative consolidation of the

Education (Welfare) Act 2000

. 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

Family Courts Act 2024

(48/2024), enacted 13 November 2024, and all statutory instruments up to and including

the

Occupational Pension Schemes (Revaluation) Regulations 2025

(S.I. No. 34 of 2025), made 18 February 2025, 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

2000

EDUCATION (WELFARE) ACT

2000

REVISED

Updated to 19 February 2025

ARRANGEMENT OF SECTIONS

PART I

Preliminary And General

Section

Short title

and commencement.

Interpretation.

Regulations.

Expenses.

Reports on

operation of Act.

Service of

documents.

Offences.

Repeals.

PART II

National Educational Welfare Board

Establishment

of National Educational Welfare Board.

(Repealed)

10.

Functions of

Child and Family Agency.

11.

Educational

welfare officers.

12.

Liaison

officer.

13.

Direction of

Minister.

(Repealed)

PART III

Educational Welfare And Compulsory School Attendance

14.

of children receiving education in a place other than a school.

15.

Appeal

against decision of Child and Family Agency.

16.

Minister

may issue guidelines and make recommendations.

17.

Parent

to cause child to attend school.

18.

Notification

of child's absence from school.

19.

Admission

of child to recognised school.

(Repealed)

20.

School

registers.

21.

School

attendance records.

22.

School

attendance strategies.

23.

Code of

behaviour.

24.

Expulsion

of student from recognised school.

25.

School

attendance notice.

26.

Right of

Child and Family Agency to appeal etc. decision of board of management under

section 29 of Act of 1998.

27.

Miscellaneous

duties of Child and Family Agency in relation to certain

children and parents of certain children.

28.

Supply

of personal data etc. to prescribed bodies.

29.

of young persons in employment.

30.

Functions

of educational welfare officers.

31.

Amendment

of Act of 1996.

PART IV

Provisions Relating To Finance And Staff Of Board

32.

Grants to

Board.

(Repealed)

33.

Accounts and

audits.

(Repealed)

34.

Reports and

information.

(Repealed)

35.

Gifts.

(Repealed)

36.

Chief

Executive.

(Repealed)

37.

Staff.

(Repealed)

38.

Remuneration

of staff.

(Repealed)

39.

Performance

of functions of Board by members of staff.

(Repealed)

40.

Transfer of

staff.

41.

Superannuation.

(Repealed)

SCHEDULE

(Repealed)

National Educational Welfare Board

Acts Referred to

Companies Act, 1990

1990, No.

Companies Acts, 1963 to 1999

Data Protection Act, 1988

1988, No.

Education Act, 1998

1998, No.

European Parliament Elections Act, 1997

1997, No.

Health Act, 1970

1970, No.

Local Government Act, 1941

1941, No.

Medical Practitioners Act, 1978

1978, No.

Minimum Notice and Terms of Employment Acts,

1973 to 1991

Organisation of Working Time Act, 1997

1997, No.

Protection of Young Persons (Employment) Act,

1996

1996, No.

Redundancy Payments Acts, 1967 to 1991

Regional Technical Colleges Act, 1992

1992, No.

School Attendance Acts, 1926 to 1967

Trade Union Act, 1941

1941, No.

Unfair Dismissals Acts, 1977 to 1993

Vocational Education Act, 1930

1930, No.

Worker Protection (Regular Part-Time

Employees) Act, 1991

1991, No.

Youth Work Act, 1997

1997, No.

Number

2000

EDUCATION (WELFARE) ACT

2000

REVISED

Updated to 19 February 2025

AN ACT TO PROVIDE FOR THE

ENTITLEMENT OF EVERY CHILD IN THE STATE TO A CERTAIN MINIMUM EDUCATION, AND, FOR THAT

PURPOSE, TO PROVIDE FOR THE REGISTRATION OF CHILDREN RECEIVING EDUCATION IN PLACES

OTHER

THAN RECOGNISED SCHOOLS, THE COMPULSORY ATTENDANCE OF CERTAIN CHILDREN AT RECOGNISED

SCHOOLS, THE ESTABLISHMENT OF A BODY, TO BE KNOWN AS THE NATIONAL EDUCATIONAL WELFARE

BOARD

OR, IN THE IRISH LANGUAGE, AN BORD NÁISIÚNTA LEASA OIDEACHAIS, THE

COORDINATION OF ITS ACTIVITIES AND THOSE OF CERTAIN OTHER PERSONS IN SO FAR AS THEY

RELATE

TO MATTERS CONNECTED WITH SCHOOL ATTENDANCE, THE IDENTIFICATION OF THE CAUSES OF

NON-ATTENDANCE ON THE PART OF CERTAIN STUDENTS AND THE ADOPTION OF MEASURES FOR ITS

PREVENTION, TO REPEAL THE SCHOOL ATTENDANCE ACTS, 1926 TO 1967, TO PERMIT THE SUPPLY

DATA RELATING TO A PERSON'S EDUCATIONAL HISTORY TO CERTAIN PERSONS, TO PROVIDE FOR

THE

AMENDMENT OF THE PROTECTION OF YOUNG PERSONS (EMPLOYMENT) ACT, 1996, AND TO PROVIDE

FOR

MATTERS CONNECTED THEREWITH. [5

th July,

2000]

BE IT ENACTED BY THE OIREACHTAS AS

FOLLOWS

Annotations

Modifications (not altering

text)

Functions transferred and

references to Minister for and Department of Children, Equality, Disability,

Integration and Youth construed (1.01.2021) by

Education Welfare (Transfer of

Departmental Administration and Ministerial Functions) Order 2020

(S.I. No.

588 of 2020), arts. 2, 3, in effect as per art. 1(2), subject to transitional

provisions in arts. 4-8.

2. (1) The administration and

business in connection with the exercise, performance or execution of the

functions transferred by Article 3 are transferred to the Department of

Education.

(2) References to the Department

of Children, Equality, Disability, Integration and Youth contained in any Act or

any instrument made thereunder and relating to any administration and business

transferred by paragraph (1) shall, from the commencement of this Order, be

construed as references to the Department of Education.

3. (1) The functions vested in the

Minister for Children, Equality, Disability, Integration and Youth -

(

) by or under the

Education

(Welfare) Act 2000

(No. 22 of 2000), other than section 12(6)(e), and

(

) in relation to the

administration of -

(i) the Home School Community

Liaison Scheme, and

(ii) the School Completion

Programme,

are transferred to the Minister

for Education.

(2) References to the Minister for

Children, Equality, Disability, Integration and Youth contained in any Act or

instrument made thereunder and relating to any functions transferred by this

Article shall, from the commencement of this Order, be construed as references to

the Minister for Education.

Functions under certain

provisions transferred and references to Department of 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, 5, sch.

1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts.

6-9.

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 —

(

) the enactments

specified in Schedule 1, and

(

) the statutory

instruments specified in Schedule 2,

are transferred to the Minister

for Public Expenditure and Reform.

...

5. References to the Minister for

Finance contained in any Act or instrument under an Act and relating to any

functions transferred by this Order shall, from the commencement of this Order, be

construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and

Year

Short Title

Provision

(1)

(2)

(3)

...

No. 22 of 2000

Education

(Welfare) Act 2000

Sections 32 and

33; Schedule, paragraphs 1(1) and 11(7)

...

Functions transferred and

terms Minister for and Department of Education and Skills construed (11.05.2011)

National Education Welfare Board (Transfer of Departmental Administration

and Ministerial Functions) Order 2011

(S.I. No. 215 of 2011), arts. 2, 3,

in effect as per art. 1(2).

2. (1) The administration and

business in connection with the exercise, performance or execution of any

functions transferred by Article 3 are transferred to the Department of Community,

Equality and Gaeltacht Affairs.

(2) References to the Department

of Education and Skills contained in any Act or any instrument made under such Act

and relating to any administration and business transferred by

paragraph

(1)

shall, on and after the commencement of this Order, be construed as

references to the Department of Community, Equality and Gaeltacht Affairs.

3. (1) The functions vested in the

Minister for Education and Skills—

(

) by or under

the Education (Welfare) Act 2000 (No. 22 of 2000), with the exception of those

functions of the said Minister provided for under sections 16, 19, 20 and 28, and

paragraph (16) of section 29,

(

) in relation to the

administration of—

(i) the Home School Community

Liaison scheme (other than the allocation of teachers to the scheme and the

payment of such teachers),

(ii) the School Completion

Programme, and

(iii) the Visiting Teacher for

Travellers Service (other than the payment of such teachers),are transferred to

the Minister for Community, Equality and Gaeltacht Affairs.

(2) References to the Minister for

Education and Skills contained in any Act or instrument made under such Act and

relating to any functions transferred by this Article shall, on and after the

commencement of this Order, be construed as references to the Minister for

Community, Equality and Gaeltacht Affairs.

Functions in relation to

Act transferred to Health Service Executive (1.01.2005) by

Health Act 2004

(42/2004), ss. 58, 59, sch. 3, S.I. No. 887 of 2004.

Dissolution of health boards

and other specified bodies.

58.

—The specified bodies

are, by this Act, dissolved on the establishment day.

Transfer of functions of specified bodies to Executive.

59.

—(1) The functions that,

immediately before the establishment day, were the functions of a specified body

under or in connection with the enactments referred to in Schedule 3 are, by this

Act, transferred to the Executive on that day.

(2) If a provision of an enactment

referred to in Schedule 3, or a provision of an instrument made under such

enactment, does not come into effect until on or after the establishment day, a

function that on the passing of that enactment or the making of that instrument

was assigned under or in connection with that provision to a specified body is, by

this Act, transferred to the Executive on the commencement of that provision.

(3) The functions transferred by

this Act to the Executive include the functions specified in any enactment

referred to in Schedule 3 as a function of the following

(a) the chief executive officer

of a health board;

(b) the Regional Chief Executive

of the Eastern Regional Health Authority;

an Area Health Board.

...

SCHEDULE 3

Transfer of Functions and

References to Functional Areas

Section 59 and 67.

...

26. Education (Welfare) Act 2000

...

Editorial Notes

Power of Teaching Council

or any person to apply for inquiry into fitness of registered teacher to teach for

non-compliance with any provisions of Act prescribed (25.07.2016) by

Teaching

Council Act 2001

(8/2001), s. 42(1)(a), S.I. No. 407 of 2016, as substituted

(25.07.2016) by

Teaching Council (Amendment) Act

2015

(31/2015), s. 20(a), S.I. No. 408 of 2016.

Annotations

Modifications (not altering

text)

Functions transferred and

references to Minister for and Department of Children, Equality, Disability,

Integration and Youth construed (1.01.2021) by

Education Welfare (Transfer of

Departmental Administration and Ministerial Functions) Order 2020

(S.I. No.

588 of 2020), arts. 2, 3, in effect as per art. 1(2), subject to transitional

provisions in arts. 4-8.

2. (1) The administration and

business in connection with the exercise, performance or execution of the

functions transferred by Article 3 are transferred to the Department of

Education.

(2) References to the Department

of Children, Equality, Disability, Integration and Youth contained in any Act or

any instrument made thereunder and relating to any administration and business

transferred by paragraph (1) shall, from the commencement of this Order, be

construed as references to the Department of Education.

3. (1) The functions vested in the

Minister for Children, Equality, Disability, Integration and Youth -

(

) by or under the

Education

(Welfare) Act 2000

(No. 22 of 2000), other than section 12(6)(e), and

(

) in relation to the

administration of -

(i) the Home School Community

Liaison Scheme, and

(ii) the School Completion

Programme,

are transferred to the Minister

for Education.

(2) References to the Minister for

Children, Equality, Disability, Integration and Youth contained in any Act or

instrument made thereunder and relating to any functions transferred by this

Article shall, from the commencement of this Order, be construed as references to

the Minister for Education.

Functions under certain

provisions transferred and references to Department of 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, 5, sch.

1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts.

6-9.

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 —

(

) the enactments

specified in Schedule 1, and

(

) the statutory

instruments specified in Schedule 2,

are transferred to the Minister

for Public Expenditure and Reform.

...

5. References to the Minister for

Finance contained in any Act or instrument under an Act and relating to any

functions transferred by this Order shall, from the commencement of this Order, be

construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and

Year

Short Title

Provision

(1)

(2)

(3)

...

No. 22 of 2000

Education

(Welfare) Act 2000

Sections 32 and

33; Schedule, paragraphs 1(1) and 11(7)

...

Functions transferred and

terms Minister for and Department of Education and Skills construed (11.05.2011)

National Education Welfare Board (Transfer of Departmental Administration

and Ministerial Functions) Order 2011

(S.I. No. 215 of 2011), arts. 2, 3,

in effect as per art. 1(2).

2. (1) The administration and

business in connection with the exercise, performance or execution of any

functions transferred by Article 3 are transferred to the Department of Community,

Equality and Gaeltacht Affairs.

(2) References to the Department

of Education and Skills contained in any Act or any instrument made under such Act

and relating to any administration and business transferred by

paragraph

(1)

shall, on and after the commencement of this Order, be construed as

references to the Department of Community, Equality and Gaeltacht Affairs.

3. (1) The functions vested in the

Minister for Education and Skills—

(

) by or under

the Education (Welfare) Act 2000 (No. 22 of 2000), with the exception of those

functions of the said Minister provided for under sections 16, 19, 20 and 28, and

paragraph (16) of section 29,

(

) in relation to the

administration of—

(i) the Home School Community

Liaison scheme (other than the allocation of teachers to the scheme and the

payment of such teachers),

(ii) the School Completion

Programme, and

(iii) the Visiting Teacher for

Travellers Service (other than the payment of such teachers),are transferred to

the Minister for Community, Equality and Gaeltacht Affairs.

(2) References to the Minister for

Education and Skills contained in any Act or instrument made under such Act and

relating to any functions transferred by this Article shall, on and after the

commencement of this Order, be construed as references to the Minister for

Community, Equality and Gaeltacht Affairs.

Functions in relation to

Act transferred to Health Service Executive (1.01.2005) by

Health Act 2004

(42/2004), ss. 58, 59, sch. 3, S.I. No. 887 of 2004.

Dissolution of health boards

and other specified bodies.

58.

—The specified bodies

are, by this Act, dissolved on the establishment day.

Transfer of functions of specified bodies to Executive.

59.

—(1) The functions that,

immediately before the establishment day, were the functions of a specified body

under or in connection with the enactments referred to in Schedule 3 are, by this

Act, transferred to the Executive on that day.

(2) If a provision of an enactment

referred to in Schedule 3, or a provision of an instrument made under such

enactment, does not come into effect until on or after the establishment day, a

function that on the passing of that enactment or the making of that instrument

was assigned under or in connection with that provision to a specified body is, by

this Act, transferred to the Executive on the commencement of that provision.

(3) The functions transferred by

this Act to the Executive include the functions specified in any enactment

referred to in Schedule 3 as a function of the following

(a) the chief executive officer

of a health board;

(b) the Regional Chief Executive

of the Eastern Regional Health Authority;

an Area Health Board.

...

SCHEDULE 3

Transfer of Functions and

References to Functional Areas

Section 59 and 67.

...

26. Education (Welfare) Act 2000

...

Editorial Notes

Power of Teaching Council

or any person to apply for inquiry into fitness of registered teacher to teach for

non-compliance with any provisions of Act prescribed (25.07.2016) by

Teaching

Council Act 2001

(8/2001), s. 42(1)(a), S.I. No. 407 of 2016, as substituted

(25.07.2016) by

Teaching Council (Amendment) Act

2015

(31/2015), s. 20(a), S.I. No. 408 of 2016.

(LRC Revised)

Statutory Text (1 Articles)

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