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42 2001

YOUTH WORK ACT, 2001

PART 4

Youth Work Officers and Organisations

Assessor of Youth Work

Assessor of Youth Work.

16. —(1) The Minister shall, as the occasion requires, appoint a person, who shall be known as the Assessor of Youth Work, to exercise the functions of the Minister under section 8 (1)(f), (g), and (h) and the other functions of the Assessor of Youth Work under this Act.

(2) The Minister may appoint an officer of the Minister to act in the office of the Assessor of Youth Work during any absence from the State or from duty of the Assessor of Youth Work or during any vacancy in that office (including any period before the date on which a person is appointed under subsection (1)).

(3) The Assessor of Youth Work may, in respect of youth work programmes or youth work services provided from moneys made available by virtue of this Act—

(a) examine the operation of those programmes and services, and

(b) examine any books, accounts and other records that relate to them.

(4) The provider of such a youth work programme or youth work service concerned shall furnish to the Assessor of Youth Work such information or documents in relation to the programme or service as may be required by the Assessor of Youth Work for the purposes of this section.

(5) Following an examination under subsection (3), the Assessor of Youth Work shall submit to the Minister and to the provider of the youth work programme or youth work service examined a report setting out the Assessor of Youth Work's findings.

(6) The Assessor of Youth Work shall submit to the Minister an annual report (referred to in this section as the “Annual Report of the Assessor”) and such other reports as the Minister may from time to time require.

(7) The Annual Report of the Assessor shall contain the results of the assessment of youth work programmes and youth work services carried out in accordance with section 8 (1)(f), (g) and (h) and such other matters as the Minister may determine. The annual report and all such published reports shall be in the Irish and English languages.

(8) An Assessor of Youth Work appointed under subsection (1) shall be employed by the Minister in accordance with such terms and conditions, which may include secondment from another office or employment, and receive such remuneration, as the Minister, with the consent of the Minister for Finance, from time to time determines.

(9) The Minister may, with the consent of the Minister for Finance, provide such administrative, secretarial and other support to the Assessor of Youth Work as the Minister considers necessary.

(10) The Minister may at any time, for good and valid reasons, remove from the office the person appointed as Assessor of Youth Work.

National Youth Work Advisory Committee

National Youth Work Advisory Committee.

17. —(1) The Minister shall, in accordance with section 18 , appoint a committee to be known as the National Youth Work Advisory Committee to advise and consult with the Minister in relation to youth work.

(2) Without prejudice to the generality of subsection (1), the Advisory Committee shall advise the Minister in relation to—

(a) the provision and co-ordination of youth work programmes and youth work services,

(b) the provision and co-ordination of youth work programmes and youth work service in the Gaeltacht and/or to young persons whose first language is Irish,

(c) the development and implementation of youth work policies referred to in section 8 (1)(a),

(d) the co-ordination of youth work programmes and youth work services with general educational services for young persons,

(e) the co-ordination of youth work programmes and youth work services with non-educational services for young persons,

(f) the treatment of male and female young persons, respectively, in relation to access to youth work, and in so advising shall, in respect of paragraphs (a), (c), (d) and (e), have regard to the number of male and female young persons, respectively, who are likely to participate in youth work programmes and youth work services referred to in those paragraphs,

(g) the content of such guidelines and regulations as may be issued or made by the Minister as referred to in section 9 (1)(a)(ii),

(h) criteria which should normally be fulfilled before an organisation can be approved as an approved national voluntary youth work organisation,

(i) criteria which should normally be fulfilled before a voluntary youth work organisation is designated under section 29 as a designated local youth work organisation,

(j) the content of such guidelines and regulations as may be made by the Minister in relation to the Voluntary Youth Councils,

(k) the manner in which vocational education committees apply the regulations, guidelines and criteria referred to in paragraphs (g), (i) and (j), and

(l) the manner in which the Minister applies the criteria referred to in paragraph (h).

(3) The Advisory Committee shall give such advice and make such recommendations to the Minister as the Minister may request and shall give priority to such requests when so requested by the Minister.

Membership of Advisory Committee.

18. —(1) The number of members of the Advisory Committee, including the chairperson, shall be not fewer than 31 and not more than 33.

(2) The Minister shall appoint a person to be the chairperson of the Advisory Committee and at least one but not more than 2 other persons to be members.

(3) In making an appointment under subsection (2), the Minister shall have regard to the desirability of the persons appointed having knowledge of or experience in youth work.

(4) In addition to the persons appointed under subsection (2), the Minister shall appoint as members of the Advisory Committee 2 officers of the Department of Education and Science (one of whom shall be a member of the Inspectorate appointed under section 13(1) of the Education Act, 1998 ), and at least one person who has been nominated to the Minister by each of the following:

(a) the Minister for Enterprise, Trade and Employment,

(b) the Minister for Social, Community and Family Affairs,

(c) the Minister for Justice, Equality and Law Reform,

(d) the Minister for Health and Children,

(e) the Minister for the Environment and Local Government,

(f) the Minister for Tourism, Sport and Recreation,

(g) the Minister for Arts, Heritage, Gaeltacht and the Islands, and

(h) An Foras Áiseanna Saothair.

(5) In addition to the persons appointed in accordance with subsections (2) and (4), the Minister shall appoint as members of the Advisory Committee 4 persons nominated by the Irish Vocational Education Association.

(6) In addition to the persons appointed in accordance with subsections (2), (4) and (5), the Minister shall appoint as members of the Advisory Committee persons nominated by the Prescribed National Representative Youth Work Organisation as provided for in section 24 and the number of persons so appointed shall be the same as the total number of persons, excluding the chairperson, appointed in accordance with subsections (2), (4) and (5).

(7) In making appointments to the Advisory Committee the Minister shall ensure, as far as practicable, an appropriate gender balance, as determined by the Minister from time to time, among the membership thereof and, in order to achieve that balance, the Minister may require that nominations made under subsections (4), (5) and (6) be made in accordance with such balance.

(8) The Minister may require the Prescribed National Representative Youth Work Organisation referred to in subsection (6) to include amongst the persons nominated by it to be members of the Advisory Committee persons engaged in the provisions of youth work programmes or youth work services in a voluntary capacity who are not employees of the Prescribed National Representative Youth Work Organisation, an approved national voluntary youth work organisation, a designated local voluntary youth work organisation or an organisation authorised under section 25 (1).

(9) The Schedule shall apply to the Advisory Committee.

(10) The Minister shall provide such administrative, secretarial and other support to the Advisory Committee as the Minister considers necessary.

Youth Work Committees

Youth Work Committees.

19. —(1) A vocational education committee shall, subject to section 20 , appoint a youth work committee for its vocational education area to—

(a) make recommendations to the vocational education committee on the performance by the vocational education committee of its functions under this Act, and

(b) advise the vocational education committee on any matter on which the vocational education committee requests advice.

(2) Where a vocational education committee, having considered a recommendation made under subsection (1)(a), decides by resolution not to implement the recommendation, it shall, as soon as may be, notify the youth work committee in writing of, and state the reasons for, its decision.

(3) The youth work committee shall, in respect of the notification of the decision referred to in subsection (2), consider the decision and the reasons for it and notwithstanding such decision and reasons may, by resolution, decide to submit the recommendation referred to in subsection (2) to the vocational education committee with a request that the recommendation be reconsidered.

(4) The vocational education committee shall reconsider a recommendation submitted to it in accordance with subsection (3), and where a recommendation has been so reconsidered and the vocational education committee decides by resolution not to implement it, it shall, as soon as may be, notify the youth work committee and the Minister in writing of, and state the reasons for, its decision.

(5) The Minister may, in relation to the notification of a decision referred to in subsection (4), consult with the vocational education committee concerned and issue directions to it in relation to the decision, and the vocational education committee shall comply with any such directions.

(6) A vocational education committee may remove a member of the youth work committee from membership of the youth work committee if, in the opinion of the vocational education committee, the member has become incapable through ill-health of performing his or her functions or has committed stated misbehaviour, or such removal appears to the vocational education committee to be necessary for the effective performance by the youth work committee of its functions.

(7) A youth work committee shall, from among the representatives of the vocational education committee—

(a) appoint to act as chairperson a person appointed to the committee under section 20 (2)(a), and

(b) appoint any other member of the committee to act as vice-chairperson to perform the functions of the chairperson in the absence of the chairperson.

(8) A member of a youth work committee shall not receive any remuneration for acting as a member of the committee, but the vocational education committee concerned may, in accordance with a rate determined by the vocational education committee, with the consent of the Minister and the Minister for Finance, make payments to a member for travelling and subsistence expenses incurred by the member in respect of the business of the youth work committee.

(9) A youth work committee shall, by standing order or otherwise, regulate its procedure or business at its meetings.

(10) A youth work committee shall hold at least one meeting in each financial year but shall not hold more than 6 meetings in any financial year without the prior consent in writing of the Minister.

(11) The members of a youth work committee shall hold office for such period, not exceeding 3 years, as is determined by the vocational education committee but are eligible for re-appointment.

Membership of Youth Work Committees.

20. —(1) Notwithstanding section 21(4) of the Vocational Education Act, 1930 , the members of a youth work committee shall number not less than 16 and not more than 20, and a vocational education committee shall, in appointing members to a youth work committee, appoint one-half of the membership in accordance with subsection (2)(a) and (b) and one-half in accordance with subsection (2)(c).

(2) A vocational education committee shall appoint as a member of a youth work committee in accordance with subsection (1)

(a) at least one member of the vocational education committee,

(b) at least one person resident in or whose principal or sole place of full-time employment is within its vocational education area, nominated by each of the following:

(i) the Minister for Social, Community and Family Affairs,

(ii) the Minister for Tourism, Sport and Recreation,

(iii) An Foras Áiseanna Saothair,

(iv) the health board in whose area the vocational education area concerned is situated,

(v) each county council or country borough corporation in its vocational education area,

(vi) Údarás na Gaeltachta where a vocational education committee functions in a Gaeltacht area,

(vii) An Garda Síochána,

(viii) the person appointed under section 13(1) of the Education Act, 1998 , as Chief Inspector for the purposes of that Act,

and

(c) a number of persons nominated by the Voluntary Youth Council in its vocational education area equal to the number appointed under paragraphs (a) and (b).

(3) In making appointments to the youth work committee a vocational education committee shall as far as practicable ensure such gender balance among the membership of the committee as from time to time determined by the Minister.

(4) In order to achieve the gender balance required by subsection (3), the persons and bodies specified in subsection (2)(b) and (c) shall, in nominating candidates for appointment under this section, make such nominations in accordance with the gender balance.

(5) The Minister may issue directions to a vocational education committee and a youth work committee in relation to the administration of the youth work committee, and the vocational education committee and youth work committee concerned shall comply with those directions.

Voluntary Youth Councils

Voluntary Youth Councils.

21. —(1) There shall be for each vocational education area a Voluntary Youth Council elected in accordance with section 22 to advise the vocational education committee for that area on the preparation or implementation of any matter specified in a Development Plan prepared by the vocational education committee.

(2) A Voluntary Youth Council, in addition to the function conferred on it by subsection (1)

(a) shall be a forum for the voluntary youth work organisations operating in the vocational education area to discuss the provision of youth work programmes and youth work services in the area, and

(b) shall nominate persons for appointment to a youth work committee for the purposes of section 20 (2)(c).

(3) Without prejudice to the generality of subsections (1) and (2)(a), a Voluntary Youth Council shall, in providing advice and in its role as a forum, have regard to—

(a) the treatment of male and female young persons, respectively, in relation to access to youth work, and

(b) the numbers of male and female young persons, respectively, who are likely to participate in youth work programmes and youth work services.

Composition, election, etc. of Voluntary Youth Councils.

22. —(1) Subject to subsection (5), members of a Voluntary Youth Council shall number not less than 10 and not more than 20 as the vocational education committee determines.

(2) Subject to subsection (3), a person engaged in the provision of a youth work programme or a youth work service shall be eligible for election to a Voluntary Youth Council, provided that, as far as practicable, persons who are employees of an approved national voluntary youth work organisation or a designated local voluntary youth work organisation or an authorised organisation shall not constitute more than one quarter of the total membership of the Voluntary Youth Council.

(3) An employee of an approved national voluntary youth work organisation, a designated local voluntary youth work organisation or an authorised organisation shall be eligible for election to a Voluntary Youth Council only if his or her principal place of employment is in the vocational education area concerned.

(4) As far as practicable, at least one-fifth of the membership of a Voluntary Youth Council shall consist of persons who were young persons at the date of their election.

(5) (a)  A vocational education committee may, with the consent of the Minister and in accordance with such regulations and guidelines as may be issued by the Minister following consultation with the National Youth Work Advisory Committee, issue directions in relation to the election of persons to a Voluntary Youth Council.

(b)  Without prejudice to the generality of paragraph (a), directions issued under that paragraph may refer to all or any of the following:

(i) voting procedures,

(ii) the classification and nomination of candidates,

(iii) the appointment of a returning officer for the election of members to a Voluntary Youth Council,

(iv) the requirements for holding a poll or deeming persons elected where the number of candidates is less than or equal to the number of members to be elected to a Voluntary Youth Council,

(v) the number, in accordance with subsection (1), of members to be elected,

(vi) the qualification of electors,

(vii) the voluntary youth work organisations that may nominate persons for election in relation to the classification of candidates,

(viii) the voluntary youth work organisations that may elect members in relation to the classification of candidates,

(ix) the filling of casual vacancies, and

(x) the declaration of the polls.

(6) A voluntary youth work organisation referred to in subsection (5)(b)(vii) shall, in nominating candidates for an election under this section, make the nominations in accordance with such gender balance as may be determined from time to time by the Minister.

(7) In issuing directions under subsection (5), a vocational education committee shall have regard to the desirability of ensuring that persons engaged in the provision of youth work programmes or youth work services for young persons within the travelling community are represented on Voluntary Youth Councils.

(8) In issuing directions under subsection (5), a vocational educational committee which functions in a Gaeltacht area, shall have regard to the desirability of ensuring that persons engaged in the provision of youth work programmes or youth work services for young persons in the Irish language in the said Gaeltacht are represented on Voluntary Youth Councils.

(9) A vocational education committee is responsible for the organisation and supervision of elections to the Voluntary Youth Council for its vocational education area.

(10) The term of office of a Voluntary Youth Council is such period as the vocational education committee determines but, subject to this section, members are eligible for re-election.

Meetings, etc. of Voluntary Youth Councils.

23. —(1) A Voluntary Youth Council shall appoint one of its members to act as the chairperson of the Council and another as vice-chairperson to perform the functions of the chairperson in the absence of the chairperson.

(2) Subject to subsection (3), a Voluntary Youth Council shall, by standing order or otherwise, regulate its procedure and business at its meetings.

(3) A Voluntary Youth Council shall hold at least one meeting in each financial year but shall not hold more than 4 meetings in any financial year without the prior consent in writing of the Minister.

(4) A member of a Voluntary Youth Council shall not receive any remuneration for acting as a member but the vocational education committee concerned may, in accordance with a rate determined by the vocational education committee with the consent of the Minister and the Minister for Finance, make payments to a member for travelling and subsistence expenses incurred by the member in respect of the business of the Voluntary Youth Council.

Prescribed, Authorised, Approved and Designated Youth Organisations

Prescribed National Representative Youth Work Organisation.

24. —(1) Subject to subsection (2), the Minister may prescribe an organisation representing voluntary youth work organisations to be the Prescribed National Representative Youth Work Organisation for the purposes of nominating members of the National Youth Work Advisory Committee as provided in section 18 (6).

(2) The body known as the National Youth Council of Ireland is deemed to be prescribed as the first Prescribed National Representative Youth Work Organisation for the period of 3 years after the commencement of this provision.

(3) In prescribing an organisation for the purposes of subsection (1), the Minister shall specify—

(a) a period of not more than 3 years during which the organisation shall be the Prescribed National Representative Youth Work Organisation, and

(b) the date from which the organisation shall be prescribed,

and any organisation so prescribed for a specified period may be prescribed as the Prescribed National Representative Youth Work Organisation in respect of any subsequent period or periods in accordance with this section.

Authorisation of organisations.

25. —(1) The Minister may, in writing, authorise as an authorised organisation for the purposes of this Act an organisation which, in the Minister's opinion, engages from time to time in the provision of a youth work programme or a youth work service.

(2) An authorisation under subsection (1) is for a period of 3 years beginning on the date of the authorisation but may be renewed for a further period or periods each of 3 years.

(3) The Minister may at any time revoke an authorisation under this section.

Approved National Voluntary Youth Work Organisations.

26. —The Minister may, in writing, approve a voluntary youth work organisation that provides a youth work programme or a youth work service in 2 or more vocational education areas as an approved national voluntary youth work organisation for the purposes of this Act.

Review of Minister's refusal to approve national youth work organisation.

27. —(1) Where an organisation has applied to the Minister to be approved as an approved national voluntary youth work organisation and the Minister has refused the application, the Minister shall, by notice in writing, inform the organisation of the reasons for such refusal and the organisation may, within 21 days after the date when the notice was given, or such longer period as the Assessor of Youth Work may determine, make representations to the Assessor of Youth Work giving reasons why, in its view, the refusal of approved status is not warranted.

(2) The Assessor of Youth Work shall consider representations made to it under subsection (1) and shall make a recommendation to the Minister on the matter.

Withdrawal of approved status from National Voluntary Youth Work Organisations.

28. —(1) The Minister may withdraw approval under section 26 from a national voluntary youth work organisation and shall, within 14 days after the date of the withdrawal, by notice in writing, inform the organisation of the withdrawal.

(2) A national voluntary youth work organisation from which approval has been withdrawn ceases, from the date of the notice of the withdrawal, to be an approved national voluntary youth work organisation for the purposes of this Act.

(3) Where the Minister proposes to withdraw approval from an approved national voluntary youth work organisation, the Minister shall inform the organisation in writing that—

(a) withdrawal of approval is being considered, and

(b) the reasons for the proposed withdrawal.

and the organisation may, within the next 21 days beginning on the date when the notice is given, or such longer period as the Minister may determine, make representations to the Assessor of Youth Work giving reasons why, in its view, the proposed withdrawal is not warranted.

(4) The Assessor of Youth Work shall consider any representation under subsection (3) and make a recommendation to the Minister on the matter.

(5) Where the Minister, having considered the recommendation made by the Assessor of Youth Work under subsection (4), decides to withdraw approval from an organisation, the Minister shall inform the organisation by notice in writing of such withdrawal and the reasons therefor.

Designation of Local Voluntary Youth Work Organisations.

29. —(1) A vocational education committee may, in writing, for the purposes of this Act, designate a voluntary youth work organisation which provides a youth work programme or a youth work service in the committee's vocational education area, as a designated local voluntary youth work organisation for that area.

(2) A vocational education committee shall notify the Minister when it designates an organisation under subsection (1).

Review of vocational education committee's refusal to designate organisation.

30. —(1) Where an organisation has applied to a vocational education committee to be designated under section 29 and the vocational education committee has refused the application, the vocational education committee shall, by notice in writing, inform the organisation of the reasons for the refusal and the organisation may, within 21 days after the date when the notice was given, make representations to the Assessor of Youth Work giving reasons why, in its view, the refusal of designation is not warranted.

(2) The Assessor of Youth Work shall consider any representation made to him or her under subsection (1) and shall make a recommendation to the vocational education committee on the matter.

Withdrawal of designated organisation status.

31. —(1) A vocational education committee may, by resolution, withdraw designated status from a designated local voluntary youth work organisation and shall, within 14 days after the passing of the resolution, by notice in writing, inform the organisation of the passing of the resolution.

(2) A local voluntary youth work organisation from which designated status has been withdrawn under subsection (1) ceases, from the date of the notice of withdrawal, to be a designated local voluntary youth work organisation for the purposes of this Act.

(3) Where a vocational education committee proposes to withdraw designated status from a designated local voluntary youth work organisation under this section, it shall inform the organisation by notice in writing that—

(a) a withdrawal of designated status is being considered, and

(b) the reasons for the proposed withdrawal,

and the organisation may, within the next 21 days beginning on the date when the notice is given, or such longer period as the vocational education committee may determine, make representations to the Assessor of Youth Work giving reasons why, in its view, the proposed withdrawal is not warranted.

(4) The Assessor of Youth Work shall consider any representation under subsection (3) and make a recommendation to the vocational education committee on the matter.

(5) Where a vocational education committee, having considered the recommendation made by the Assessor of Youth Work under subsection (4), decides by resolution to withdraw designated status from an organisation it shall, by notice in writing, inform the organisation of such withdrawal and the reasons for the withdrawal.