(LRC Revised)

Number 19 of 2011

CHILD CARE (AMENDMENT) ACT 2011

REVISED

Updated to 1 January 2018

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

Child Care (Amendment) Act 2011

. 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

Finance Act 2017

(41/2017), enacted 25 December 2017, and all statutory instruments up to and including

Legal Metrology (Measuring Instruments) Act 2017 (Commencement) Order 2018

(S.I. No. 1 of 2018), made 4 January 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.

Number

19

of

2011

CHILD CARE (AMENDMENT) ACT 2011

REVISED

Updated to 1 January 2018

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title, collective citations and commencement.

2. Interpretation.

PART 2

Amendment of Principal Act

3. Amendment of section 2 of Principal Act.

4. Amendment of section 3 of Principal Act.

5. Amendment of section 4 of Principal Act.

6. Amendment of section 9 of Principal Act.

7. Amendment of section 12 of Principal Act.

8. Amendment of section 18 of Principal Act.

9. Amendment of section 19 of Principal Act.

10. Amendment of Part IVA of Principal Act.

11. Amendment of section 24 of Principal Act.

12. Amendment of section 25 of Principal Act.

13. Amendment of section 26 of Principal Act.

14. Amendment of section 27 of Principal Act.

15. Amendment of section 28 of Principal Act.

16. Amendment of section 30 of Principal Act.

17. Amendment of section 31 of Principal Act.

18. Amendment of section 32 of Principal Act.

19. Amendment of section 33 of Principal Act.

20. Amendment of section 36 of Principal Act.

21. Amendment of section 37 of Principal Act.

22. Amendment of section 42 of Principal Act.

23. Amendment of section 45 of Principal Act.

24. Amendment of section 46 of Principal Act.

25. Amendment of section 47 of Principal Act.

26. Amendment of section 69 of Principal Act.

PART 3

Amendment of Act of 2001

27. Amendment of section 3 of Act of 2001.

28. Amendment of section 7 of Act of 2001.

29. Amendment of section 8 of Act of 2001.

30. Amendment of section 10 of Act of 2001.

31. Amendment of section 13 of Act of 2001.

32. Amendment of section 71 of Act of 2001.

33. Amendment of section 77 of Act of 2001.

34. Amendment of section 267 of Act of 2001.

PART 4

Amendment of Act of 2004

35. Amendment of Part 7A of Act of 2004.

PART 5

Amendment of Act of 2007

36. Amendment of Act of 2007.

PART 6

Dissolution of Children Acts Advisory Board

37. Definition.

38. Dissolution of Board.

39. Transfer of rights and liabilities.

40. Transfer of certain property.

41. Final accounts.

42. Preparation of final report.

43. Pending legal proceedings.

44. Transfer of staff of Board.

45. Expenses.

46. Amendment of Principal Act.

47. Repeal.

PART 7

Miscellaneous

48. Transitional provisions.

49. Amendment of Adoption Act 2010.

Acts Referred to

Adoption Act 2010

2010, No. 21

Adoptive Leave Acts 1995 and 2005

Carer’s Leave Act 2001

2001, No. 19

Child Care (Amendment) Act 2007

2007, No. 26

Child Care Act 1991

1991, No. 17

Child Care Acts 1991 to 2007

Children Act 2001

2001, No. 24

Children Acts 2001 to 2007

Civil Service Regulation Acts 1956 to 2005

Courts Act 1971

1971, No. 36

Criminal Justice Act 2006

2006, No. 26

Ethics in Public Office Acts 1995 to 2001

Guardianship of Infants Act 1964

1964, No. 7

Health Act 2004

2004, No. 42

Health Act 2007

2007, No. 23

Health Acts 1947 to 2010

Health (Amendment) Act 2010

2010, No. 15

Maternity Protection Acts 1994 and 2004

Mental Health Act 2001

2001, No. 25

Minimum Notice and Terms of Employment Acts 1973 to 2005

Organisation of Working Time Act 1997

1997, No. 20

Parental Leave Acts 1998 and 2006

Protection of Employees (Fixed-Term Work) Act 2003

2003, No. 29

Protection of Employees (Part-Time Work) Act 2001

2001, No. 45

Public Service Management (Recruitment and Appointments) Act 2004

2004, No. 32

Redundancy Payments Acts 1967 to 2007

Terms of Employment (Information) Acts 1994 and 2001

Unfair Dismissals Acts 1977 to 2007

Number

19

of

2011

CHILD CARE (AMENDMENT) ACT 2011

REVISED

Updated to 1 January 2018

AN ACT TO AMEND AND EXTEND THE CHILD CARE ACT 1991; TO MAKE FURTHER PROVISION IN

RELATION TO THE CARE AND PROTECTION OF CHILDREN; TO AMEND THE CHILDREN ACT 2001; THE

HEALTH ACT 2004 AND THE HEALTH ACT 2007; TO PROVIDE FOR THE DISSOLUTION OF THE CHILDREN

ACTS ADVISORY BOARD AND THE TRANSFER OF ITS ASSETS, LIABILITIES AND EMPLOYEES TO THE

MINISTER FOR HEALTH; TO REPEAL PART 11 OF THE CHILDREN ACT 2001; TO AMEND THE ADOPTION

ACT 2010; AND TO PROVIDE FOR RELATED MATTERS.

[31

st July

, 2011]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering text)

C1

Functions under collectively cited

Child Care Acts

transferred (1.10.2011) by

Child Care (Transfer of Departmental Administration and Ministerial Functions) Order

2011

(S.I. No. 488 of 2011), 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 any functions transferred by Article 3 are transferred to the Department

of Children and Youth Affairs.

(2) References to the Department of Health 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 Children and Youth Affairs.

3. (1) The functions vested in the Minister for Health by or under the Child Care

Acts 1991 to 2011 are transferred to the Minister for Children and Youth Affairs.

(2) References to the Minister for Health 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 Children

and Youth Affairs.

C2

Application of collectively cited

Health Acts

restricted by

Health Act 1970

(1/1970), s. 53(2) as substituted (11.03.2005) by

Health (Amendment) Act 2005

(3/2005), s. 4(a), commenced on enactment.

Charges for in-patient services.

53.

—(1) Save as provided for under subsection (2) charges shall not be made for in-patient

services made available under section 52.

(2)

[

Notwithstanding anything in the Health Acts 1947 to 2004 but subject to subsections

(3), (4) and (6), the Minister shall

]

with the consent of the Minister for Finance, make regulations—

(a) providing for the imposition of charges for in-patient services in specified circumstances

on persons

[

to whom the in-patient services are provided

]

or on specified classes of such persons, and

(b) specifying the amounts of the charges or the limits to the amounts of the charges

to be so made.

...

C3

Application of collectively cited

Health Acts

restricted (7.05.1986) by

Health (Amendment) Act 1986

(10/1986), s. 2(1), commenced on enactment.

Charges by health boards for provision of in-patient services and out-patient services

in respect of certain injuries caused by mechanically propelled vehicles.

2.—(1) Where—

(a) injury is caused to a person by the negligent use of a mechanically propelled

vehicle in a public place, and

(b) in-patient services or out-patient services have been, are being or will be provided

by or on behalf of a health board in respect of the injury, and

(c) any one of the following, that is to say, the person aforesaid, his personal representative

or dependant, has received, or is entitled to receive damages or compensation in respect

of the negligent use aforesaid from the person liable to pay such damages or compensation

in respect of that injury, or any loss, damage or expense (or mental distress in the

case of a dependant) arising therefrom,

the health board shall, notwithstanding anything in the Health Acts, 1947 to 1985,

make a charge upon the person who received or is entitled to receive such damages

or compensation in respect of the said in-patient services or out-patient services.

Editorial Notes

E1

Proceedings under collectively cited

Child Care Acts 1991 to 2015

excluded from application of

Mediation Act 2017

(1.01.2018) by

Mediation Act 2017

(27/2017), s. 3(1)(i), S.I. No. 591 of 2017.

Annotations

Modifications (not altering text)

C1

Functions under collectively cited

Child Care Acts

transferred (1.10.2011) by

Child Care (Transfer of Departmental Administration and Ministerial Functions) Order

2011

(S.I. No. 488 of 2011), 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 any functions transferred by Article 3 are transferred to the Department

of Children and Youth Affairs.

(2) References to the Department of Health 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 Children and Youth Affairs.

3. (1) The functions vested in the Minister for Health by or under the Child Care

Acts 1991 to 2011 are transferred to the Minister for Children and Youth Affairs.

(2) References to the Minister for Health 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 Children

and Youth Affairs.

C2

Application of collectively cited

Health Acts

restricted by

Health Act 1970

(1/1970), s. 53(2) as substituted (11.03.2005) by

Health (Amendment) Act 2005

(3/2005), s. 4(a), commenced on enactment.

Charges for in-patient services.

53.

—(1) Save as provided for under subsection (2) charges shall not be made for in-patient

services made available under section 52.

(2)

[

Notwithstanding anything in the Health Acts 1947 to 2004 but subject to subsections

(3), (4) and (6), the Minister shall

]

with the consent of the Minister for Finance, make regulations—

(a) providing for the imposition of charges for in-patient services in specified circumstances

on persons

[

to whom the in-patient services are provided

]

or on specified classes of such persons, and

(b) specifying the amounts of the charges or the limits to the amounts of the charges

to be so made.

...

C3

Application of collectively cited

Health Acts

restricted (7.05.1986) by

Health (Amendment) Act 1986

(10/1986), s. 2(1), commenced on enactment.

Charges by health boards for provision of in-patient services and out-patient services

in respect of certain injuries caused by mechanically propelled vehicles.

2.—(1) Where—

(a) injury is caused to a person by the negligent use of a mechanically propelled

vehicle in a public place, and

(b) in-patient services or out-patient services have been, are being or will be provided

by or on behalf of a health board in respect of the injury, and

(c) any one of the following, that is to say, the person aforesaid, his personal representative

or dependant, has received, or is entitled to receive damages or compensation in respect

of the negligent use aforesaid from the person liable to pay such damages or compensation

in respect of that injury, or any loss, damage or expense (or mental distress in the

case of a dependant) arising therefrom,

the health board shall, notwithstanding anything in the Health Acts, 1947 to 1985,

make a charge upon the person who received or is entitled to receive such damages

or compensation in respect of the said in-patient services or out-patient services.

Editorial Notes

E1

Proceedings under collectively cited

Child Care Acts 1991 to 2015

excluded from application of

Mediation Act 2017

(1.01.2018) by

Mediation Act 2017

(27/2017), s. 3(1)(i), S.I. No. 591 of 2017.

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title, collective citations and commencement.

2. Interpretation.

PART 2

Amendment of Principal Act

3. Amendment of section 2 of Principal Act.

4. Amendment of section 3 of Principal Act.

5. Amendment of section 4 of Principal Act.

6. Amendment of section 9 of Principal Act.

7. Amendment of section 12 of Principal Act.

8. Amendment of section 18 of Principal Act.

9. Amendment of section 19 of Principal Act.

10. Amendment of Part IVA of Principal Act.

11. Amendment of section 24 of Principal Act.

12. Amendment of section 25 of Principal Act.

13. Amendment of section 26 of Principal Act.

14. Amendment of section 27 of Principal Act.

15. Amendment of section 28 of Principal Act.

16. Amendment of section 30 of Principal Act.

17. Amendment of section 31 of Principal Act.

18. Amendment of section 32 of Principal Act.

19. Amendment of section 33 of Principal Act.

20. Amendment of section 36 of Principal Act.

21. Amendment of section 37 of Principal Act.

22. Amendment of section 42 of Principal Act.

23. Amendment of section 45 of Principal Act.

24. Amendment of section 46 of Principal Act.

25. Amendment of section 47 of Principal Act.

26. Amendment of section 69 of Principal Act.

PART 3

Amendment of Act of 2001

27. Amendment of section 3 of Act of 2001.

28. Amendment of section 7 of Act of 2001.

29. Amendment of section 8 of Act of 2001.

30. Amendment of section 10 of Act of 2001.

31. Amendment of section 13 of Act of 2001.

32. Amendment of section 71 of Act of 2001.

33. Amendment of section 77 of Act of 2001.

34. Amendment of section 267 of Act of 2001.

PART 4

Amendment of Act of 2004

35. Amendment of Part 7A of Act of 2004.

PART 5

Amendment of Act of 2007

36. Amendment of Act of 2007.

PART 6

Dissolution of Children Acts Advisory Board

37. Definition.

38. Dissolution of Board.

39. Transfer of rights and liabilities.

40. Transfer of certain property.

41. Final accounts.

42. Preparation of final report.

43. Pending legal proceedings.

44. Transfer of staff of Board.

45. Expenses.

46. Amendment of Principal Act.

47. Repeal.

PART 7

Miscellaneous

48. Transitional provisions.

49. Amendment of Adoption Act 2010.