STATUTORY INSTRUMENTS

S.I. No. 151 of 2002

CHILDREN ACT 2001

(COMMENCEMENT) ORDER 2002

Published by the Stationery Office, Dublin

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Children Act 2001 (Commencement) Order 2002

I, John O'Donoghue, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 2(1) of the Children Act 2001 ( No. 24 of 2001 ), order as follows:

1.         This order may be cited as the Children Act 2001 (Commencement) Order 2002.

2.         The 1st day of May, 2002, is fixed as the day on which the Act shall come into operation with reference to the following provisions and purposes:

(a)        sections 3, 4 and 6, in so far as their commencement is necessary for the purposes of the other provisions which are being brought into operation, either generally or with reference to any particular purpose, by this order,

(b)        Parts 4, 6, (excluding section 59 and section 61(1)(b) in so far as it relates to a representative of a health board) and 7,

(c)        sections 89 to 92 and 94,

(d)        section 93, in so far as it relates to proceedings before the Court against a child or in relation to a child under the provisions of Part 9 of the Act that are being brought into operation by this order,

(e)        the definitions in section 95 of -

(i)         “compensation order”,

(ii)        “district”, for the purposes of sections 133 and 136, and

(iii)       “district of residence” for the purposes of sections 134 and 136,

(f)         section 97 and paragraphs (a), (b), (d) and (f) of section 98,

(g)        section 98(g), in so far as it relates to an order under section 133,

(h)        sections 108, 109 and 110 (except subsection (1)(b)(iii)),

(i)         section 110(1)(b)(iii), in so far as it relates to an order under section 133,

(j)         sections 113 and 114,

(k)        section 115, in so far as it relates to paragraph (i),

(l)         sections 116 (except subsection (1)(a)) and 117, in so far as they relate to an order under section 133,

(m)       sections 133 to 135,

(n)        section 136 (except the words “or another community sanction” in subsection (1)(a)(ii)),

(o)        sections 138 to 140, in so far as they relate to an order under section 133,

(p)        Part 12,

(q)        sections 258, 260 (in so far as it refers to supervision by a juvenile liaison officer), 261 (in so far as it relates to an order under section 133), 264, 266, 267(1) and 269 to 271,

(r)        Schedule 1,

(s)        Schedule 2 -

(i)         in so far as it relates to the following enactments:

Vagrancy (Ireland) Act 1847,

Offences against the Person Act 1861;

Children Act (1908) Amendment Act 1910,

Courts of Justice Act 1924,

Criminal Law Amendment Act 1935, and

(ii)        for the purposes of the repeal of the following provisions of other enactments specified in the Schedule:

the unrepealed portions of Part II, and sections 94, 96, 98 to 101, 102(1), 102(2), 111, 113 to 115, 121 and 123, of the Children Act 1908,

sections 24, 26 and 27 of the Children Act 1941 ,

section 4 of the Children (Amendment) Act 1957 .

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

This Statutory Instrument brings into operation from 1 May 2002 certain provisions of the Children Act 2001 for which the Minister for Justice, Equality and Law Reform has responsibility. It also repeals provisions of the Children Act 1908 and other legislative provisions which now become obsolete.