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22 2002

OMBUDSMAN FOR CHILDREN ACT, 2002

SCHEDULE 1

Section 2

Public Bodies subject to investigation

PART 1

Subject to Part 2 of this Schedule, each of the following shall be a public body for the purposes of this Act:

(1) Department of Agriculture, Food and Rural Development;

Department of Arts, Heritage, Gaeltacht and the Islands;

Department of Defence;

Department of Education and Science;

Department of Enterprise, Trade and Employment;

Department of the Environment and Local Government;

Department of Finance;

Department of Foreign Affairs;

Department of Health and Children;

Department of Justice, Equality and Law Reform;

Department of the Marine and Natural Resources;

Department of Public Enterprise;

Department of Social, Community and Family Affairs;

Department of the Taoiseach;

Department of Tourism, Sport and Recreation;

(2) an Bord Bia;

an Bord Glas;

an Post;

Central Statistics Office;

Civil Service Commissioners;

Commissioner of Valuation and Chief Boundary Surveyor;

Commissioners of Public Works in Ireland;

Companies Registration Office;

Environmental Protection Agency;

Food Safety Authority of Ireland;

Heritage Council;

Irish Sports Council;

Land Registry;

National Authority for Occupational Safety and Health;

National Library of Ireland;

National Museum of Ireland;

Radiological Protection Institute of Ireland;

Registry of Deeds;

Revenue Commissioners;

State Laboratory;

(3) a local authority;

(4) a health board.

PART 2

The reference in Part 1 of this Schedule to the Department of Arts, Heritage, Gaeltacht and the Islands does not include a reference to the Broadcasting Complaints Commission.

The reference in the said Part 1 to the Department of Defence does not include a reference to the—

Army Pensions Board;

Defence Forces.

The reference in the said Part 1 to the Department of Education and Science does not include a reference to—

an appeals committee within the meaning of section 29 of the Act of 1998;

a person or body of persons appointed under section 51(2) of the Act of 1998.

The reference in the said Part 1 to the Department of Enterprise, Trade and Employment does not include a reference to the—

Director of Consumer Affairs;

Employment Appeals Tribunal;

Labour Court;

Labour Relations Commission;

Rights Commissioners.

The reference in the said Part 1 to the Department of Health and Children does not include a reference to—

An Bord Uchtála.

The reference in the said Part 1 to the Department of Justice, Equality and Law Reform does not include a reference to—

Courts or court officers (other than those who were transferred to the Courts Service) mentioned in the Court Officers Acts, 1926 to 1999, or in the Courts (Supplemental Provisions) Act, 1961 ;

Data Protection Commissioner and his or her staff;

Director of Equality Investigations and his or her staff;

Equality Authority;

An Garda Síochána;

Garda Síochána Complaints Board;

a tribunal appointed under section 8 of the Garda Síochána (Complaints) Act, 1986 .

The reference in the said Part 1 to a local authority does not include a reference to—

a local authority when performing reserved functions within the meaning of the County Management Acts, 1940 to 1994, or reserved functions within the meaning of any of the Acts relating to the management of a county borough.

The reference in the said Part 1 to a health board does not include a reference to—

(a) persons when acting on behalf of the health board and (in the opinion of the Ombudsman for Children) solely in the exercise of clinical judgment in connection with the diagnosis of illness or the care or treatment of a patient, whether formed by the person taking the action or by any other person, or

(b) the health board when acting on the advice of persons acting as aforesaid, being actions of the health board that, in the opinion of the Ombudsman for Children, were taken solely on such advice.

The reference in the said Part 1 to the Revenue Commissioners does not include a reference to—

the Appeal Commissioners for the purposes of the Income Tax Acts or their staff.