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17 1991

CHILD CARE ACT, 1991

PART X

Miscellaneous and Supplementary

Sale etc. of solvents.

74. —(1) It shall be an offence for a person to sell, offer or make available a substance to a person under the age of eighteen years or to a person acting on behalf of that person if he knows or has reasonable cause to believe that the substance is, or its fumes are, likely to be inhaled by the person under the age of eighteen years for the purpose of causing intoxication.

(2) In proceedings against any person for an offence under subsection (1), it shall be a defence for him to prove that at the time he sold, offered or made available the substance he was under the age of eighteen years and was acting otherwise than in the course of or furtherance of a business.

(3) In proceedings against any person for an offence under subsection (1) it shall be a defence for him to prove that he took reasonable steps to assure himself that the person to whom the substance was sold, offered or made available, or any person on whose behalf that person was acting, was not under the age of eighteen years.

(4) A person who is guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months or to both.

(5) Subject to subsection (6), a court by which a person is convicted of an offence under this section may order anything shown to the satisfaction of the court to relate to the offence to be forfeited and either destroyed or dealt with in such other manner as the court thinks fit.

(6) A court shall not order anything to be forfeited under this section unless an opportunity is given to any person appearing to the court to be the owner of or otherwise interested in it to show cause why the order should not be made.

(7) A member of the Garda Síochána may seize any substance which is in the possession of a child in any public place and which the member has reasonable cause to believe is being inhaled by that child in a manner likely to cause him to be intoxicated. Any substance so seized may be destroyed or otherwise disposed of in such a manner as a member of the Garda Síochána not below the rank of Superintendent may direct.

(8) This section is without prejudice to the provisions of the Misuse of Drugs Acts, 1977 and 1984.

Amendment of section 17 of the School Attendance Act, 1926.

75. Section 17 of the School Attendance Act, 1926 (which deals with the failure of a parent to comply with the Act) is hereby amended by the substitution for paragraph (b) of subsection (4) of the following:—

“(b) having heard the health board for the area in which he is resident, make a care order committing him to the care of that board and in such case the provisions of Part IV of the Child Care Act, 1991 shall apply as if the order were an order made thereunder.”.

Amendment of section 15 of the Guardianship of Infants Act, 1964.

76. Section 15 of the Guardianship of Infants Act, 1964 (which gives power to the court to order repayment of costs of bringing up an infant) is hereby amended by the insertion in paragraph (b) after the words “assistance has been provided for the infant by a health authority under section 55 of the Health Act, 1953 ,” of the words “or that at any time the infant has been maintained in the care of a health board under section 4 of the Child Care Act, 1991”.

Amendment of section 16 of the Guardianship of Infants Act, 1964.

77. Section 16 of the Guardianship of Infants Act, 1964 (which requires the court in making an order for the delivery of an infant to its parent to have regard to the conduct of the parent) is hereby amended by the insertion in paragraph (b) after the words “or to be provided with assistance by a health authority under section 55 of the Health Act, 1953 ” of the words “or to be maintained in the care of a health board under section 4 of the Child Care Act, 1991”.

Maintenance — saver in relation to members of Defence Forces.

78. —(1) Section 98 of the Defence Act, 1954 (which provides for deductions from pay of members of the Permanent Defence Force and reservists called out on permanent service in respect of court orders under sections 75, 82 or 99 of the Children Act, 1908) shall apply in like manner to an order made under section 18 .

(2) Section 107 of the Defence Act, 1954 (which provides that court orders made under the aforementioned sections against a member of the Permanent Defence Force or a reservist during any period when he is called out on permanent service shall not be enforceable by imprisonment) shall apply in like manner in the case of an order made under section 18.

Repeals.

79. —The enactments specified in the Schedule are hereby repealed to the extent specified in the third column.