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17 1991

CHILD CARE ACT, 1991

PART IX

Administration

Regulations.

68. —(1) The Minister may make regulations—

(a) for any purpose in relation to which regulations are provided for by any of the provisions of this Act, and

(b) for prescribing any matter or thing referred to in this Act as prescribed or to be prescribed.

(2) Every order and regulation made under any provision of an enactment repealed by this Act and in force immediately before such repeal shall continue in force under the corresponding provision, if any, of this Act, subject to such adaptations and modifications as the Minister may by regulations make to enable any such order or regulation to have effect in conformity with this Act.

(3) Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Powers of the Minister.

69. —(1) The Minister may give general directions to a health board in relation to the performance of the functions assigned to it by or under this Act and the health board shall comply with any such direction.

(2) The Minister may cause to be inspected any service provided or premises maintained by a health board under this Act.

(3) An inspection under this section shall be conducted by a person authorised in that behalf by the Minister (in this section referred to as an authorised person).

(4) An authorised person conducting an inspection under this section may—

(a) enter any premises maintained by a health board under this Act and make such examination into the state and management of the premises and the treatment of children therein as he thinks fit, and

(b) examine such records and interview such members of the staff of the board as he thinks fit.

(5) The Minister may direct a health board to supply him with such reports and statistics in relation to the performance of the functions assigned to it by or under this Act as he may require and a health board shall comply with any such direction.

Charges for certain services.

70. —(1) In making available a service under section 3 , 4 or 56 , the health board shall from time to time determine in each case whether such service shall be provided without charge or at such charge as it considers appropriate.

(2) In making a determination in accordance with subsection (1) a health board shall comply with any general directions given by the Minister with the consent of the Minister for Finance.

(3) For the purposes of determining what charge, if any, should be made on any person for a service, a health board may require that person to make a declaration in such form as it considers appropriate in relation to his means and may take such steps as it thinks fit to verify the declaration.

(4) Where a person is recorded by a health board as entitled, because of specified circumstances, to a service without charge, he shall notify the board of any relevant change in those circumstances.

(5) Any charge which may be made by a health board under this Act may, in default of payment, be recovered as a simple contract debt in any court of competent jurisdiction from the person on whom the charge is made or, where the person has died, from his legal personal representative.

Prosecution of offences.

71. —(1) Summary proceedings for an offence under this Act may be brought and prosecuted by the health board for the area in which the offence is alleged to have been committed or by any other person.

(2) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under this Act may be instituted within 12 months from the date of the offence.

(3) Where an offence under this Act is committed by a body corporate or by a person purporting to act on behalf of a body corporate or an unincorporated body of persons and is proved to have been committed with the consent or approval of, or to have been attributable to any neglect on the part of, any person who, when the offence was committed, was director, member of the committee of management or other controlling authority of the body concerned, or the manager, secretary or other officer of the body, that person shall also be deemed to have committed the offence and may be proceeded against and punished accordingly.

Functions of chief executive officer.

72. —(1) The following functions relating to a health board shall be functions of the chief executive officer of the board:

(a) any function with respect to a decision as to whether or not to provide a service or make facilities available to any particular person;

(b) any function with respect to a decision as to the making or recovery of a charge or the amount of any charge for a service provided in a particular case under section 3 , 4 or 56 ;

(c) any function in relation to whether or not to receive a child into care under section 4 ;

(d) any function in relation to the payment of a grant or allowance to a voluntary body or any other person;

(e) any function with respect to legal proceedings in relation to the care and protection of a child;

(f) any function in relation to a particular child in the care of the board or in relation to the provision of aftercare;

(g) any function in relation to the supervision of pre-school services;

(h) any function in relation to the registration and regulation of children's residential centres;

(i) such other functions as may be prescribed.

(2) Any question as to whether or not a particular function is a function of the chief executive officer shall be determined by the Minister.

(3) In this section “chief executive officer” includes a person acting as deputy chief executive officer in accordance with section 13 of the Health Act, 1970 .

Expenses.

73. —The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.