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Number 40 of 2013
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CHILD AND FAMILY AGENCY ACT 2013
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CONTENTS
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PART 1
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Preliminary and General
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Section
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1. Short title and commencement
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2. Interpretation
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3. Expenses
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4. Regulations
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5. Repeals
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PART 2
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Child and Family Agency
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6. Establishment day
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7. Establishment of Child and Family Agency
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8. Functions of Agency
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9. Best interests and views of the child
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10. Agreements between Agency and public bodies concerning performance of functions
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11. Informal arrangements between Agency and public bodies concerning performance of functions
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12. Seal of Agency
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13. Annual report
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14. Duty of Agency to furnish information
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15. Requirement to furnish information and documents
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16. Minister may share information and documents in certain circumstances
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17. Use of information and documents
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18. Saver
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PART 3
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Board of Agency
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19. Membership of Board of Agency
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20. Filling of casual vacancies
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21. Role of Board
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22. Meetings of Board
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23. Conditions of office
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24. Removal of all members of the Board from office
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25. Committees of Board
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26. Membership of either House of Oireachtas, European Parliament or local authority
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27. Remuneration and expenses of the members of the Board and committees
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PART 4
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Chief Executive Officer
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28. Appointment of chief executive officer
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29. Functions of chief executive officer and their performance by deputy
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30. Delegation of functions by chief executive officer
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31. Effect of delegation and sub-delegation of functions
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32. Certificate evidence concerning delegation of functions
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33. Accountability of chief executive officer to Committee of Public Accounts
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34. Accountability of chief executive officer to other Oireachtas Committees
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35. Disqualification resulting from membership of either House of the Oireachtas, European Parliament or local authority
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PART 5
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Standards and Disqualifications
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36. Standards of integrity
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37. Codes of conduct
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38. Availability of codes of conduct
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39. Gifts
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40. Unauthorised disclosure of confidential information
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PART 6
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Accountability and Funding of Agency
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41. Performance framework
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42. Corporate plan of Agency
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43. Publication of approved corporate plan
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44. Annual performance statement
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45. Determination by Minister of net expenditure limits for Agency
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46. Business plan
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47. Power of Minister to give direction to Agency
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48. Power of Minister to issue guidelines to Agency
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49. Permission of Minister needed for major capital spending
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50. Code of governance
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51. Accounts of Agency
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52. Advances by Minister to Agency
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PART 7
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Employees and Advisers
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53. Employees of Agency
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54. Superannuation
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55. Consultants and advisers
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PART 8
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Provision of Services
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56. Arrangements with service providers
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57. Provision of services by statutory body
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58. Particular arrangements — special care and residential places
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59. Supplemental service
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PART 9
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Complaints
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60. Definitions (Part 9)
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61. Persons who may make complaints
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62. Time limit for making complaints
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63. Matters excluded from right to complain
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64. Complaint and review procedures to be established
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65. Refusal to investigate or further investigate complaints
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66. Restriction on type of recommendations complaints officers may make and power to suspend implementation of recommendations
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67. Adherence to complaint and review procedures to be condition of arrangements with service providers
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68. Regulations for the purposes of this Part
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69. Referral of complaints to Ombudsman or Ombudsman for Children
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70. Annual report to include report on complaints and reviews
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PART 10
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Dissolution of Family Support Agency and National Educational Welfare Board
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71. Dissolution of Family Support Agency and National Educational Welfare Board
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72. Transfer of functions to Agency
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73. Transfer of members of staff of dissolved bodies
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74. Property and rights and liabilities of dissolved bodies
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75. Preservation of contracts made by dissolved bodies
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76. Records of dissolved bodies
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77. Liability for loss occurring before establishment day
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78. References to dissolved bodies in enactments made before establishment day
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79. Final accounts of dissolved bodies
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80. Final annual report of dissolved bodies
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81. Transitional provisions consequent upon transfer of functions of dissolved bodies
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PART 11
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Transfer of Certain Staff, Functions, etc. of Health Service Executive to Agency
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82. Transfer of certain functions of Health Service Executive
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83. Transfer of certain employees of Health Service Executive
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84. Land and other property of Health Service Executive
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85. Transfer of rights and liabilities of Health Service Executive
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86. Preservation of contracts of Health Service Executive
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87. Records of Health Service Executive
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88. Pending legal proceedings — Health Service Executive
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89. Continuation of delegations and sub-delegations made under Health Act 2004
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90. References to Health Service Executive in enactments made before establishment day
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91. Transitional provisions consequent upon transfer of certain functions of Health Service Executive
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PART 12
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Amendment of Child Care Act 1991
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92. Amendment of Child Care Act 1991
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PART 13
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Miscellaneous
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93. Continuation of appointments, designations and authorisations
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94. Agency’s discretion to publish other reports
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95. Charges in relation to functions
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96. Amendment of the Taxes Consolidation Act 1997
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97. Consequential amendments of other Acts
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SCHEDULE 1
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Functions of Health Service Executive Transferred to Agency
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SCHEDULE 2
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Amendments of other Acts
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PART 1
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Guardianship of Infants Act 1964
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PART 2
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Family Law (Maintenance of Spouses and Children) Act 1976
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PART 3
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The Unfair Dismissals Act 1977
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PART 4
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Child Care Act 1991
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PART 5
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Child Abduction and Enforcement of Custody Orders Act 1991
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PART 6
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Family Law Act 1995
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PART 7
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Domestic Violence Act 1996
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PART 8
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Refugee Act 1996
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PART 9
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Freedom of Information Act 1997
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PART 10
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Protection for Persons Reporting Child Abuse Act 1998
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PART 11
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Education Act 1998
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PART 12
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Immigration Act 1999
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PART 13
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Education (Welfare) Act 2000
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PART 14
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Children Act 2001
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PART 15
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Local Government Act 2001
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PART 16
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Sex Offenders Act 2001
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PART 17
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Youth Work Act 2001
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PART 18
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Immigration Act 2003
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PART 19
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Health Act 2004
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PART 20
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Health Act 2007
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PART 21
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Amendment of Adoption Act 2010
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SCHEDULE 3
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Repeals
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Acts Referred to
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Adoption Act 2010
(No. 21)
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Arts Act 2003
(No. 24)
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Child Abduction and Enforcement of Custody Orders Act 1991
(No. 6)
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Child Care (Amendment) Act 2007
(No. 26)
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Child Care (Amendment) Act 2011
(No. 19)
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Child Care Act 1991
(No. 17)
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Children Act 2001
(No. 24)
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Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010
(No. 24)
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Companies Act 1990
(No. 33)
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Companies Acts
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Comptroller and Auditor General (Amendment) Act 1993
(No. 8)
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Disability Act 2005
(No. 14)
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Domestic Violence Act 1996
(No. 1)
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Education (Welfare) Act 2000
(No. 22)
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Education Act 1998
(No. 51)
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Education for Persons with Special Educational Needs Act 2004
(No. 30)
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Ethics in Public Office Act 1995
(No. 22)
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European Parliament Elections Act 1997
(No. 2)
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Family Law Act 1995
(No. 26)
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Family Support Agency Act 2001
(No. 54)
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Finance Act 2010
(No. 5)
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Health Act 2004
(No. 42)
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Health Service Executive (Governance) Act 2013
(No. 23)
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Higher Education Authority Act 1971
(No. 22)
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Immigration Act 1999
(No. 22)
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Immigration Act 2003
(No. 26)
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Irish Sports Council Act 1999
(No. 6)
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Local Government Act 2001
(No. 37)
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Minimum Notice and Terms of Employment Acts 1973 to 2005
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Ombudsman Acts 1980 to 2012
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Ombudsman For Children Act 2002
(No. 22)
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Organisation of Working Time Act 1997
(No. 20)
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Protection of Employees (Part-Time Work) Act 2001
(No. 45)
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Protections for Persons Reporting Child Abuse Act 1998
(No. 49)
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Public Service Management (Recruitment and Appointments) Act 2004
(No. 33)
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Public Service Pensions (Single Scheme and Other Provisions) Act 2012
(No. 37)
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Redundancy Payments Acts 1967 to 2007
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Refugee Act 1996
(No. 17)
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Social Welfare Acts
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Standards in Public Office Act 2001
(No. 31)
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Taxes Consolidation Act 1997
(No. 39)
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Unfair Dismissals Acts 1977 to 2007
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Youth Work Act 2001
(No. 42)
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Number 40 of2013
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CHILD AND FAMILY AGENCY ACT 2013
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An Act to provide for the establishment of a body to be known as the Child and Family Agency; to provide for the dissolution of the Family Support Agency and the National Educational Welfare Board; to provide for the transfer of the functions of the National Educational Welfare Board to the Child and Family Agency; to provide for the transfer of certain functions of the Health Service Executive to the Child and Family Agency; to amend the
Child Care Act 1991
to provide for registration of early years services and to provide for matters connected therewith. [15th December, 2013]
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Be it enacted by the Oireachtas as follows:
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