6 1949

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Number 6 of 1949.


CHILDREN (AMENDMENT) ACT, 1949.


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title and collective citation.

2.

Interpretation.

3.

Commencement of Part II.

PART II

Committal to the School of persons liable to be committed to a certified industrial school

4.

Committal to the School of persons liable to be committed to a certified industrial school.

5.

Application of the Principal Act.

6.

Extension of period of detention.


Act Referred to

Children Act, 1941

No. 12 of 1941

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Number 6 of 1949.


CHILDREN (AMENDMENT) ACT, 1949.


AN ACT TO AMEND AND EXTEND THE CHILDREN ACTS, 1908 TO 1941. [5th April, 1949.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I.

Preliminary and General.

Short title and collective citation.

1. —(1) This Act may be cited as the Children (Amendment) Act, 1949.

(2) The Children Acts, 1908 to 1941, and this Act may be cited together as the Children Acts, 1908 to 1949.

Interpretation.

2. —(1) In this Act—

the expression “the Principal Act” means the Children Act, 1908, as adapted by or under any enactment, and as amended and extended by the Children Act, 1941 (No. 12 of 1941), and this Act;

the expression “the School” means St. Anne's Reformatory School, Kilmacud, County Dublin.

(2) This Act shall be construed as one with the Principal Act.

Commencement of Part II.

3. —(1) Part II of this Act shall not come into operation save as is provided by subsection (2) of this section.

(2) The Minister may, at the request of the managers of the School, make an order declaring that Part II of this Act shall come into operation on a specified date, and thereupon the said Part II shall come into operation on the date specified in the order.

PART II.

Committal to the School of persons liable to be committed to a certified industrial school.

Committal to the School of persons liable to be committed to a certified industrial school.

4. —(1) Where—

(a) a Court may, under any subsection of section 58 of the Principal Act, order a person to be sent to a certified industrial school, and

(b) the Court has previously ascertained that the managers of the School are willing to receive that person,

the Court may, in lieu of ordering that person to be sent to a certified industrial school, order that person to be sent to the School.

(2) The following provisions of the Principal Act, namely, subsection (6) of section 74 and subsection (18) of section 133, apply to the making of an order under this section in like manner as those provisions apply to the making of an order under section 58 of the Principal Act.

Application of the Principal Act.

5. —Whenever a Court makes an order under section 4 of this Act ordering a person to be sent to the School, the Principal Act shall apply in respect of such person as if the order were a detention order and the School were a certified industrial school.

Extension of period of detention.

6. —If—

(a) the period of detention originally fixed by an order made under section 4 of this Act ends before the person to whom the order relates attains the age of seventeen years, and

(b) the managers and the medical officer of the School certify that such person requires further training,

the Minister may direct that the period of detention of such person shall be extended to the time when he will attain the age of seventeen years and thereupon such order shall, notwithstanding anything contained in section 65 of the Principal Act, have effect so as to conform with the direction and such person shall be detained accordingly.