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OMBUDSMAN FOR CHILDREN ACT, 2002
Preliminary and General
Short title and commencement.
1. —(1) This Act may be cited as the Ombudsman for Children Act, 2002 .
(2) This Act shall come into operation on such day or days, not later than 2 years after the passing of this Act, as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.
2. —(1) In this Act, unless the context otherwise requires—
“Act of 1980” means Ombudsman Act, 1980;
“Act of 1998” means Education Act, 1998;
“Act of 1999” means Health (Eastern Regional Health Authority) Act, 1999;
“action” includes decision, failure to act and omission;
“child” means a person under the age of 18 years and “children” shall be construed accordingly;
“civil servant” has the meaning assigned to it by the Civil Service Regulation Act, 1956 ;
“functions” includes powers and duties and a reference to the performance of functions includes, as respects powers and duties, a reference to the exercise of powers and the carrying out of duties;
“health board” means—
(a) a health board established under section 4 of the Health Act, 1970 ,
(b) the Eastern Regional Health Authority, or
(c) the Northern Area Health Board, the East Coast Area Health Board or the South-Western Area Health Board;
“local authority” means a local authority for the purposes of the Local Government Act, 2001 ;
“Minister” means Minister for Health and Children;
“public body” shall be construed in accordance with Schedule 1;
“school” means a recognised school within the meaning of the Act of 1998;
“voluntary hospital” means—
(a) a voluntary hospital within the meaning of the Act of 1999, or
(b) a voluntary hospital specified in Schedule 2.
(2) In this Act, unless the context otherwise requires, references to any Department of State include references to the Minister of the Government having charge of that Department of State and to officers of that Minister of the Government and, if and so long as any of the functions of that Minister of the Government stand delegated to a Minister of State at that Department of State, include references to such Minister of State at that Department of State.
(3) In this Act, unless the context otherwise requires, references to a public body (other than a Department of State) include—
(a) as respects the business and functions of the public body, references to the Department of State in which any of them are comprised and to the Minister of the Government having charge of that Department of State, and
(b) as respects functions in relation to the public body performed by a Department of State, references to that Department of State and to the Minister of the Government having charge of it,
and to officers of those Ministers of the Government and members, officers and staff of the public body and, if and so long as any of the functions of any of those Ministers of the Government stand delegated to a Minister of State at any Department of State, to such Minister of State at that Department of State.
(4) In this Act, unless the context otherwise requires, references to a school include references to the board of management of the school established under section 14 of the Act of 1998, the Principal (within the meaning of section 23 of that Act) of the school, the teachers and other staff of the school.
(5) In this Act, unless the context otherwise requires, references to a voluntary hospital include references to the owner, manager or governing body (in each case by whatever name called) of the hospital and the officers and staff of the hospital.
(6) In this Act—
(a) a reference to a section or Schedule is a reference to a section of, or a Schedule to, this Act unless it is indicated that reference to some other enactment is intended,
(b) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended, and
(c) other than in section 14 to 16, a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any other enactment (including this Act).
3. —Any expenses incurred 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.