In short
This law amends and extends existing Children Acts, primarily focusing on where certain young people can be sent if a court orders their detention. It specifically allows for committal to "the School" (St. Anne's Reformatory School) instead of a certified industrial school in certain circumstances.
What it regulates
- The ability of a Court to order a person to be sent to "the School".
- The application of the Principal Act (Children Act, 1908) to persons committed to "the School".
- The extension of the period of detention for persons committed to "the School".
- The commencement date for the provisions regarding committal to "the School".
Who it concerns
- Courts that make orders for the committal of persons to certified industrial schools.
- Persons who are liable to be committed to a certified industrial school.
- The managers and medical officer of St. Anne's Reformatory School, Kilmacud, County Dublin.
- The Minister (who can make an order for Part II to come into operation and direct extensions of detention).
Key points
- A Court may order a person to be sent to "the School" if the managers are willing to receive them, instead of a certified industrial school.
- The Principal Act applies to persons sent to "the School" as if it were a certified industrial school and the order a detention order.
- The period of detention can be extended up to the age of seventeen years if the managers and medical officer certify further training is needed and the Minister directs it.
- Part II of this Act, which deals with committal to "the School", only comes into operation when the Minister makes an order at the request of the School's managers.
đ Legal text
Children (Amendment) Act, 1949
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1949
Children (Amendment) Act, 1949
Children (Amendment) Act, 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
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:â
PART I.
Preliminary and General.
Short title and collective citation.
1.â(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.â(1) In this Actâ
the expression âthe Principal Actâ 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 âthe Schoolâ 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.â(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.â(1) Whereâ
(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.âWhenever 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.âIfâ
(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.
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