[Preamble recites 58 Geo. 3. c. 45., 59 Geo. 3. c. 134., & 3 Geo. 4. c. 72.]

[Ss. 1–4 rep. 36 & 37 Vict. c. 91. (S.L.R)]
Bishops may consent to the building or purchase of an additional church by private subscription in any parish, &c. upon certificate of twelve or more householders that there is not accommodation for more than one fourth of the inhabitants, &c., and that they are willing to provide additional accommodation.  5. [Recital.] Whenever any twelve or more substantial householders of any parish, township, or extra-parochial place shall certify in writing to the bishop of the diocese within which such parish, chapelry, township, or extra-parochial place shall be situate that there is not accommodation for more than one-fourth of the inhabitants thereof for the attendance upon divine service according to the rites of the Church of England, and that they or some of them, either by themselves or with the assistance of other persons belonging to the Church of England, are desirous of raising by private subscription such sum as may be necessary for building or purchasing a church or chapel, or any building or buildings to be used as a church or chapel, for the performance of the said service, and to provide out of pew rents of such church or chapel a competent stipend for the spiritual person who may officiate therein, and for a clerk thereof, and for all other expenses incident to the performance of divine service, and for maintaining the said church or chapel, and the said bishop shall be satisfied of the several particulars contained in such application, it shall be lawful for such bishop, if he shall think fit, to signify his consent to the building or purchasing such church or chapel, as the case may be, according to such plan, and upon such site as shall be submitted to and approved by him for that purpose.

Subscribers of 50l. to elect three life trustees for the management of the church, and nomination of minister for a limited period.                                                                                6. The several and respective persons proposing to build or purchase any such church or chapel, or any such building as aforesaid, and their assigns, respectively subscribing for that purpose sums of not less than fifty pounds each, shall elect three trustees from amongst themselves, for the management and general regulations of the temporal affairs of such church and chapel, and for the nomination to the bishop, for a limited period, of a spiritual person to serve the same; and such trustees shall be called life trustees of such church or chapel, and shall continue such trustees, so long as any spiritual person nominated by them under the provisions of this Act shall serve such church or chapel.

Nomination of new trustees on death or resignation of life trustees.                                                                                7. In case any of the persons first appointed life trustees of any such church or chapel shall during the period above mentioned happen to die, or shall signify to the other life trustees his resignation of such trust, it shall be lawful for the majority of the persons who have subscribed towards the building or purchasing such church or chapel sums not less than fifty pounds each, and being owners or renters of pews in the same, who shall be present at any meeting to be called for that purpose, and which meeting any one or more of such trustees are hereby authorized and required to call and appoint, upon fourteen days notice at the least being affixed to the door of such church or chapel, upon the two Sundays next preceding the day on which such meeting is intended to be held, from time to time to nominate and appoint, by writing under their hands, any other person having subscribed a sum not less than fifty pounds, and being an owner or renter of a pew in such church or chapel, and a member of the Church of England, a life trustee in the place of the life trustee so dying or resigning; and every such new life trustee shall in every respect be vested with such and the like powers and authorities, to all intents and purposes, as the person to whose place he may be nominated and appointed as aforesaid.

If subscribers do not exceed three they shall be deemed the life trustees, and may appoint successors.                                                                                8. If the number of persons subscribing to build or purchase such church or chapel shall not exceed three, such person or persons shall be and be deemed to be the life trustee or life trustees of such church or chapel under the provisions of this Act, and shall have, use, and exercise all such and the like powers and authorities, to all intents and purposes, as any such life trustees as aforesaid, chosen under the provisions of this Act, may use and exercise; and in case of the death or resignation of any such life trustee, the person nominated by him, being a member of the Church of England, by his last will and testament, or by any instrument signed by him, shall be a life trustee in his place.

Bishop may consent as aforesaid upon joint application of persons willing to subscribe one half or more, and parishioners willing to raise the remainder on the credit of the rates.                                                                                9. In any case in which application shall be made to the bishop of any diocese for his consent to the building or purchasing any church or chapel, or buildings to be used as a church or chapel, in any parish, chapelry, township, or extra-parochial place situate within the said diocese, for the purpose aforesaid, by any person or persons belonging to the Church of England, who may be willing to subscribe one half part at the least of the money necessary for building or purchasing the same, jointly with the parishioners of such place, who may be willing to raise the remainder of the money by rates, or to raise and borrow such sum upon the credit of the rates of such place, and the said bishop shall be satisfied of the several particulars contained in such application, it shall be lawful for such bishop, if he shall think fit, to signify his consent thereunto.

Application to bishop shall state certain particulars as to services and free seats.                                                                                10. Provided always, that every application which shall be made under the provisions of this Act to the bishop of any diocese shall state that the church or chapel is to be appropriated to the performance of divine service according to the rites of the Church of England, and shall offer to set apart such number or proportion of free seats as is required by the said recited Acts in cases in which churches or chapels are built or purchased under the provisions of the said recited Acts with any money advanced by the commissioners under the said recited Acts, and shall also offer to provide out of the pew rents arising from the remaining part of the seats of such church or chapel a competent salary for the spiritual person who may officiate therein, and for all other expenses incident to the performance of such divine service, and for maintaining the said church or chapel: Provided also, that no pew rents shall be taken, nor any service performed in such church or chapel, whether built or purchased by subscription only, or jointly by subscription and by rates, before the same shall have been duly consecrated, and a duplicate copy of such application, with the assent of the bishop of the diocese to the same, shall be deposited in such church or chapel.

Notice of application to bishop to be given to patron and incumbent of parish church, &c.                                                                                11. The persons or parishioners of any parish or place as aforesaid, making such application to the bishop, shall in every such case, at the time of making the same, give notice in writing thereof to the patron and incumbent of the church of the parish, chapelry, township, or extra-parochial place in which it is proposed to build or purchase any such church or chapel, in order to afford to such patron or incumbent the opportunity of laying before the bishop any statement in writing relating thereto; and the said bishop shall not signify his consent to such application within three calendar months from the time when he shall have received the same, together with a certificate that the said notice has been given.

Life trustees to nominate minister for the first two turns or for any numbers of turns which may occur in forty years. Subsequent nominations to be in incumbent of parish, unless the church is made a district church, and then in patron, &c.                                                                     12. The life trustee or trustees of any such church or chapel which shall be built or purchased by private subscription may nominate for the first two turns which shall occur after the consecration of the church or chapel, or for any number of turns which may occur during the space of forty years after the same, to the bishop of the diocese, for his approbation and licence, a spiritual person to serve the same; and all subsequent nomination shall be in the incumbent of the parish or extra-parochial place in which such church or chapel shall be built or purchased; unless in case of such chapel being made a district church as herein-after mentioned, in which case such subsequent nominations shall be in the patron of the church of the original parish; and in case of any neglect of any trustee or trustees patron or incumbent respectively to make such nomination the same shall lapse, as in the case of actual benefices; and if all the subscribers entitled to elect trustees shall die before such nominations shall have been made, or such forty years shall have elapsed as aforesaid, then and in every such case the nomination shall be made by the incumbent during such period: Provided also, that if all such subscribers shall die, so that no such election of any trustees can be made, and any one of the trustees for the time shall die or vacate, then and in every such case the incumbent for the time being shall be and become a trustee, to use and exercise all powers and authorities given to trustees under the provisions of this Act.

If church is built in part by rates, incumbent or patron shall have first and subsequent nominations.                                                                                13. Provided always, that in any case in which any such church or chapel shall be built or purchased in part by means of any rates to be raised in any parish, chapelry, township, or extra-parochial place, the first and subsequent nominations of the minister of such church or chapel shall be in the incumbent of the church of the original parish in which the same shall be built or purchased, except in case of such church or chapel being made a district church, when the same shall vest in the patron as aforesaid.

Church and ground, &c. shall vest in such persons as are specified in the sentence of consecration who shall be a corporation, &c.                                                                                14. From and after the completion of every such church or chapel, the land, ground, and scite whereon the same shall be built, with the cemetery thereto belonging, if any, and which land, ground, and scite shall be specified and described in the sentence of consecration of the church or chapel, shall be and the same are hereby declared to be vested in such person or persons and their successors for ever, by such name and style, as shall be specified in the sentence of consecration of the church or chapel; and such person or persons shall in every such case have perpetual succession in the name and style specified in the sentence of consecration, and shall hold the lands, grounds, and scites so vested in them as bodies corporate, by such name and style, without incurring or being subjected to any of the penalties or forfeitures of the statute of mortmain, or of any other law or statute whatsoever, to the use, intent, and purpose that every such church or chapel, with the cemetery to the same, if any, shall, when consecrated, be for ever thereafter set apart and dedicated to the service of Almighty God as a place of divine worship, according to the liturgy and usages of the united Church of England and Ireland as by law established, and be subject to the bishop of the diocese as such.

Life trustees or churchwardens may dispose of vaults, &c. and after paying the dues to which incumbent of parish is entitled, the remainder shall form a fund for supplying deficiencies in salaries of minister and clerk, &c., and for repairs.                                                                    15. It shall be lawful for the life trustees or churchwardens respectively of any such church or chapel, and their successors, and they are hereby authorized and empowered, to sell and dispose of the vaults or burial places under any such church or chapel, and of vaults or burial grounds in the cemetery or yard of the church or chapel, if there shall be any cemetery or burial ground thereto; and such life trustees or churchwardens respectively are hereby empowered and required to pay to the incumbent of the parish such dues or sums as such incumbent would be entitled to and have of vaults or burial places of a like description in the church of the parish, and shall, after making such payments, invest or lay out the remainder of the monies thence arising in some public funds, stocks, or securities, from time to time, and also from time to time in like manner to lay out the interest, dividends, or proceeds of such public funds, stocks, or securities, or such part thereof as shall not be applied under the provisions of this Act, in like funds, stocks, or public securities; and such life trustees or churchwardens shall, out of such interest, dividends, or proceeds, from time to time make good any deficiencies, if any shall arise, in the payment of the stipends or salaries of the minister or clerk of the church or chapel, or any other payments or incidental expenses to be paid from the produce of the rents of pews or seats, by reason of the rents of pews not being adequate to the payment of such stipends, salaries, or expenses; and in the next place shall apply such interest, dividends, and proceeds in the maintaining, supporting, and repairing the church or chapel: Provided always, that if by reason of any such funds, or if the produce of pew rents being more than sufficient for all the purposes to which the same are made applicable under the provisions of this Act, there shall be a surplus of annual income, then and in any such case such surplus shall be applied in subsequent years to the purposes to which pew rents are applicable; and the pew rents shall in every such case be reduced rateably and in equal proportions, or a larger number of free seats shall be opened, as the bishop of the diocese shall order and direct.

Application of surplus income.
Church may by consent be made a district church.                                                                                16. It shall be lawful for the said commissioners, with consent of a majority of the subscribers entitled to elect the trustees of any such church or chapel, and of the bishop, and of the patron and incumbent, to make any such church or chapel a district church or chapel, under the provisions of the said recited Acts and this Act.

At expiration of forty years church shall become a district church without consent if parish be divided, &c., otherwise shall become a parochial chapel.                                                                                17. At the expiration of the forty years all such churches and chapels shall become in all respects district churches, without any consent being obtained for that purpose, if his Majesty in council shall have made a division of the parish or extraparochial place for that purpose, in manner directed by the said recited Acts, or shall remain parochial chapels if no such division and appropriation of any such churches or chapels to a district shall have been made.

Provisions of recited Acts as to salary of minister, pew rents, and free seats to apply to churches and chapels built by subscription, &c. under this Act.                                                                                18. All the powers, authorities, provisions, regulations, clauses, penalties, and forfeitures in the said recited Acts or any or either of them contained, for the securing, recovering, and paying the salaries of spiritual persons, and for the recovery of pew rents, and all regulations as to the number or proportions of free seats in churches or chapels built or purchased wholly or in part with money advanced by the commissioners under the provisions of the said recited Acts, shall extend and be in full force, and be applied in all cases of any such churches or chapels as aforesaid being built or purchased by subscription or by rates under the provisions of this Act, as fully and effectually, to all intents and purposes, as if the same and each and every of them were severally and separately re-enacted and repeated in this Act.

[S. 19 rep. 36 & 37 Vict. c. 91. (S.L.R.)]
[1 Short title, “The Church Building Act, 1824”: see 47 & 48 Vict. c. 65. s. 5.]


[2nd July, 2018]
Be it enacted by the Oireachtas as follows:
Interpretation
1. (1) In this Act—
“Act of 1991” means the Child Care Act 1991 ;
“Act of 2005” means the Social Welfare Consolidation Act 2005 ;
“Act of 2010” means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ;
“Act of 2015” means the International Protection Act 2015 ;
“application for financial support” means an application for financial support under section 9 ;
“applicant” means a person who has made an application under section 9 ;
“approved childcare services provider” has the meaning assigned to it by section 8 ;
“child” means a person under the age of 18 years;
“childcare service” means a service providing a pre-school service or a school age service;
“childcare services provider” means the provider of a pre-school service or a school age service whose name is entered in the register of prescribed early years services established and maintained in accordance with section 58C of the Act of 1991;
“civil partner” shall be construed in accordance with section 3 of the Act of 2010;
“cohabitant” shall be construed in accordance with section 172(1) of the Act of 2010;
“couple” means—
(a) two persons who are married to each other,
(b) two persons who are civil partners of each other, or
(c) two persons who are cohabitants,
who are habitually living together;
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2 May 1992 as adjusted by the protocol to Agreement done at Brussels on 17 March 1993;
“financial support” means a payment made by the scheme administrator to an approved childcare services provider in accordance with the Scheme to assist a person in meeting the cost of childcare services and, where the context so requires, includes—
(a) income-related or non-income related financial support the subject of a determination under section 12 , and
(b) financial support the subject of an agreement under section 14 ;
“income-related financial support” means financial support calculated on the basis of an assessment of the income of an applicant and his or her partner;
“Minister” means the Minister for Children and Youth Affairs;
“non-income related financial support” means financial support that is not calculated on the basis of the income of an applicant or his or her partner and does not include financial support under section 14 ;
“parent” includes a person acting in loco parentis;
“partner”, in relation to a person who is a member of a couple, means the person who is the other member of the couple;
“personal public service number” has the same meaning as it has in the Act of 2005;
“prescribed” means prescribed by regulations made by the Minister;
“Scheme” means the Affordable Childcare Scheme established under section 2 ;
“scheme administrator” means a body appointed under section 3 ;
“school” has the same meaning as it has in the Education Act 1998 ;
“statutory body” means—
(a) a Minister of the Government,
(b) a local authority within the meaning of the Local Government Act 2001 ,
(c) a body established by or under statute,
(d) a company in which all the shares are held by, or on behalf of, or by directors appointed by, a Minister of the Government, or
(e) a company in which all the shares are held by a board, company, or other body referred to in paragraph (c) or a company referred to in paragraph (d) of this definition.
(2) In this Act any reference to a partner of a person shall apply only if the person is a member of a couple.

Establishment of Scheme
2. (1) On the coming into operation of this section there is established a scheme to be known as the Affordable Childcare Scheme (in this Act referred to as the “Scheme”) to be operated under and in accordance with this Act.
(2) The Scheme is established for the purpose of providing financial support under this Act in respect of childcare services in accordance with this Act out of the resources allocated to the Scheme in each year in accordance with subsection (4) and shall consist of the provision of financial support in respect of childcare services for the purposes of and in accordance with the provisions of this Act and any regulations made thereunder.
(3) It shall be a function of the scheme administrator to operate and administer the Scheme.
(4) In the financial year 2019 and in each subsequent financial year the Minister shall, out of such monies as are available to the Minister for that financial year from monies provided by the Oireachtas, allocate such amount as he or she determines, with the consent of the Minister for Public Expenditure and Reform, to the scheme administrator for the provision of financial support under this Scheme in that financial year.

Scheme administrator
3. (1) Subject to subsection (2), the Minister may appoint a body to perform the functions of a scheme administrator subject to such conditions as the Minister thinks fit and specifies in the appointment.
(2) A scheme administrator may be one of the following:
(a) a board, authority or other body established by or under an enactment (other than the Companies Acts) whose functions include the administration of schemes of payments;
(b) a company under the Companies Acts, in which all the shares are held by or on behalf of or jointly with—
(i) a Minister of the Government,
(ii) directors appointed by a Minister of the Government, or
(iii) a board, authority or other body referred to in paragraph (a),
or
(c) a company under the Companies Acts that is limited by guarantee without share capital, and in which directors are appointed by—
(i) the Government or a Minister of the Government, or
(ii) a board, authority or other body referred to in paragraph (a).

Functions of scheme administrator
4. (1) In addition to performing any other functions conferred on it by or under this Act, the scheme administrator shall—
(a) assess, review and inform the Minister of resources required by it for the purposes of performing its functions under this Act,
(b) keep all proper and usual accounts of monies received by it, and expenditure of such monies incurred by it, in relation to the Scheme, and
(c) furnish to the Minister any specified information in relation to the institution of proceedings for recovery of debt.
(2) The scheme administrator has all such powers as are necessary for or incidental to the performance of its functions under this Act.
(3) The scheme administrator may, with the consent of the Minister, issue guidelines consistent with this Act, whether relating to the performance of a function of the scheme administrator or otherwise, for the purpose of providing practical guidance in respect of any provision of this Act or regulations made under it.
(4) The scheme administrator shall arrange for guidelines issued under this section to be published in such manner as the scheme administrator considers appropriate.

Governance
5. (1) The Minister may from time to time issue directions to the scheme administrator as respects the Scheme, and, in performing any functions conferred on it by or under this Act, the scheme administrator shall comply with any such directions.
(2) The Minister shall from time to time appoint persons to carry out periodic inspections, reviews and audits in relation to the performance by the scheme administrator of its functions under this Act and to furnish a report in relation to such inspections, reviews and audits to the Minister, and the persons so appointed shall carry out such inspections and reviews and furnish such reports accordingly.

Agreements relating to performance of certain functions
6. (1) Subject to subsection (7), the scheme administrator may by an agreement entered into with any person, upon such terms and conditions as may be specified in the agreement, provide for the performance by such person, subject to such terms and conditions (if any) as may be so specified, of such functions conferred on the scheme administrator by or under this Act as may be so specified.
(2) An agreement under this section may include provision for payments (if any) to be made to and the disposal of such payments by the person concerned for the purpose of the performance of a function specified in the agreement.
(3) An agreement under this section shall operate, so long as it continues in force, to confer on and vest in the person concerned, to the extent and subject to the terms and conditions specified in the agreement, the function so specified.
(4) A function conferred on a person by an agreement under this section shall be performable by the person in his or her own name but subject to the general superintendence and control of the scheme administrator.
(5) A function conferred on a person by an agreement under this section shall, notwithstanding the agreement concerned, continue to be vested in the scheme administrator but shall be so vested concurrently with the person on whom it is conferred by that agreement and so as to be capable of being performed by either of those persons.
(6) The conferral on a person by an agreement under this section of a function of the scheme administrator shall not remove or derogate from the scheme administrator’s responsibility to the Minister for the performance of the function.
(7) Before entering an agreement under subsection (1) the scheme administrator shall, in relation to the agreement and any terms and conditions contained therein—
(a) consult with the Minister, and
(b) obtain the prior approval of the Minister.
Persons eligible to apply for financial support
7. (1) For the purposes of this Act, a person may make an application for financial support in respect of a child if—
(a) the person or his or her partner is a parent of the child,
(b) the person or his or her partner is—
(i) ordinarily resident in the State, or
(ii) an applicant within the meaning of section 2 of the Act of 2015, or
(iii) a programme refugee within the meaning of section 59 of the Act of 2015, or
(iv) a national of a Member State of the European Union, of the Swiss Confederation or of a State which is a contracting State to the EEA Agreement, or
(v) formerly employed or self-employed in the State, provided that the formerly employed or self-employed person continues to be covered against one of the contingencies listed in Article 3 of Regulation 883/20041 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, whether by means of a statutory entitlement under the Act of 2005 or through a voluntary contract of insurance,
(c) the child is under the age of 15 years,
(d) the person or his or her partner has care of the child for the period of time each week in respect of which the financial support is payable,
(e) the person and the child have a personal public service number,
(f) the person is not in receipt of financial support under section 14 in respect of that child, and
(g) in the case of income-related financial support, the person’s partner and any other children who reside with him or her have a personal public service number.
(2) For the purposes of this section, a person who does not have a right to reside in the State shall not be regarded as being ordinarily resident in the State.

Approved childcare services provider
8. (1) In this Act “approved childcare services provider” means a childcare services provider in respect of which there is in force an agreement between the provider and the Minister as to the conditions under which financial support is to be paid for the purpose of receiving payments under the Scheme.
(2) Without prejudice to the generality of subsection (1), an agreement under this section may specify—
(a) the conditions and circumstances for the payment of financial support to an approved childcare services provider by the scheme administrator and for its increase, reduction, withdrawal or discontinuance,
(b) conditions and restrictions in relation to the use by approved childcare services providers of financial support,
(c) the manner and means of accounting for and recording financial support,
(d) requirements as to the qualifications of the staff providing childcare services,
(e) requirements as to the standard of care of children while attending such services,
(f) requirements as to the facilities available to the children attending such services,
(g) requirements as to the keeping of records of attendance of children at such services,
(h) any other matters which appear to the Minister to be necessary or expedient for the purposes of this section.

Application for financial support
9. (1) An eligible person may make an application to the scheme administrator for income-related or non-income related financial support or both.
(2) It shall be a condition of every application for financial support that the applicant, and in the case where that applicant is a member of a couple, the applicant and his or her partner, shall furnish all information which the scheme administrator may request in connection with the consideration of the application.
(3) An application for financial support shall—
(a) be in such form as may be specified by the scheme administrator,
(b) specify the name of the applicant and the child and the address at which they ordinarily reside and other contact details,
(c) specify the personal public service number of the applicant and of the child in respect of whom an application is made,
(d) in the case of an application for income-related financial support, specify the name of the applicant’s partner and his or her personal public service number and the names and personal public service numbers of any other children under the age of 15 years who reside with the applicant or with his or her partner and in relation to whom the applicant or his or her partner is a parent,
(e) specify the dates of birth of the applicant and, where applicable, his or her partner and the children referred to in paragraphs (c) and (d),
(f) specify the class in which the child is enrolled at school or whether he or she is enrolled in a pre-school programme funded by the Minister or the Minister for Education and Skills,
(g) in the case of an application for income-related financial support, specify the name and address of the employer or education or training provider, as may be appropriate, of the applicant,
(h) in the case of an application for income-related financial support, specify the name and address of the employer or education or training provider, as may be appropriate, of the applicant’s partner, and
(i) contain such other information that the scheme administrator may require in relation to the applicant, his or her partner and children under the age of 15 years in order that the scheme administrator may determine whether or not the applicant is eligible to apply for financial support and the amount of the financial support the applicant is qualified to receive.
(4) The scheme administrator may refuse an application for financial support if—
(a) the application does not comply with subsection (1), (2) or (3),
(b) the applicant or his or her partner fails to provide the scheme administrator with such information as may be specified in the application form or such additional information as the scheme administrator may reasonably require to enable it to determine the application,
(c) the applicant or his or her partner fails to authorise the scheme administrator to contact his or her employer or education or training provider, as may be appropriate, to verify the information provided by the applicant or his or her partner, or
(d) the applicant or the applicant’s partner fails to satisfy the scheme administrator as to his or her identity or as to the identity of any children named in the application for financial support.
(5) Where the scheme administrator refuses under subsection (4) an application for financial support, it shall, not later than 20 working days after the refusal, give the applicant notice in writing or by electronic means of the decision and the reasons for the decision.
(6) Any person who knowingly, or recklessly, provides the scheme administrator with information which is false or misleading in a material particular in, with, or in connection with, an application for financial support shall be guilty of an offence.
(7) In this section “eligible person” means a person to whom section 7 applies.

Information to be given by employers and education and training providers to scheme administrator
10. (1) An employer or an education or training provider of an applicant or his or her partner shall give to the scheme administrator in writing in respect of that applicant or his or her partner such particulars relating to the employment of the applicant or his or her partner or the courses attended by the applicant or his or her partner, as may be appropriate, as are required by the scheme administrator to verify information as to whether the applicant or his or her partner is currently employed or enrolled in a course of education or training as stated in the application.
(2) Regulations may specify the particulars which shall be given under subsection (1) and prescribe the manner in which those particulars shall be so given.
(3) A person who fails to comply with this section or regulations made under subsection (2) shall be guilty of an offence.

Assessment of income
11. (1) Upon receipt of an application in respect of income-related financial support that is made in accordance with section 9 , the scheme administrator shall, if it is satisfied that the applicant is eligible under section 7 to make the application, carry out an assessment of the income of the applicant and his or her partner.
(2) In carrying out an assessment under this section, the scheme administrator shall establish the annual income of a person—
(a) by using the definition of income specified in Schedule 1 , and
(b) by deducting the allowable deductions specified in that Schedule.
(3) The Minister may make regulations for the purposes of this section and, in particular, but without prejudice to the generality of the foregoing, regulations under this section may make provision in relation to all or any of the following matters:
(a) the method by which the scheme administrator shall assess the income and allowable deductions referred to in subsection (2);
(b) the giving of information and documentation to the scheme administrator for the purpose of making an assessment of income under this section;
(c) the period for which the assessment of income will be made;
(d) any other matters which appear to the Minister to be necessary or expedient for the purposes of this section.

Determination of application for financial support
12. (1) Where the scheme administrator determines that an applicant is eligible to apply for financial support in respect of a child the subject of the application, the scheme administrator shall calculate the amount (if any) of the financial support that the applicant is qualified to receive in accordance with the method of calculation set out in regulations under section 13 and it shall give notice in writing or by electronic means to the applicant of the determination and the notice shall include a statement of the maximum number of hours and the rate per hour that the applicant is qualified to receive under the determination (including a statement of any variation in the maximum number of hours or the rate per hour) and, in the case of an application for income-related support, the amount of income upon which the calculation was made.
(2) Where the scheme administrator determines that an applicant is not eligible to apply for financial support or is not qualified to receive any financial support for which he or she has applied, it shall give notice in writing or by electronic means to the applicant of the determination and the reasons for the decision and of the applicant’s right to seek a review of the determination under section 17 .
(3) Subject to section 17 , a determination under this section shall be valid for the period of 12 months from the date of its making or such lesser period as may be stated in the notice given under this section.

Calculation of amount of financial support
13. (1) Where the scheme administrator makes a determination under section 12 that an applicant is eligible to apply for financial support in respect of a child the subject of the application, the amount (if any) of the financial support for which the applicant qualifies (including any variation in any such amount) shall be calculated in accordance with regulations under subsection (2).
(2) The Minister may, with the consent of the Minister for Public Expenditure and Reform, make regulations for the purposes of this section and, in particular, but without prejudice to the generality of the foregoing, regulations under this section may make provision for all or any of the following matters:
(a) the amounts per hour of non-income related financial support;
(b) the maximum amounts per hour of income-related financial support;
(c) the income limit for qualification for income-related financial support;
(d) the methodology in accordance with which the amount per hour (if any) of income-related financial support shall be calculated;
(e) the maximum number of hours in respect of which an applicant may qualify for financial support;
(f) the definitions of work and study for the purposes of the Scheme; and
(g) the circumstances in which an applicant and his or her partner shall be deemed to be unavailable to care for the child the subject of the application.
(3) In making the regulations under subsection (2), the Minister shall have regard to the availability of resources.
(4) In specifying the amounts per hour of non-income related financial support, and the maximum amounts per hour of income-related financial support, the Minister shall also have regard to:
(a) the age of the child the subject of the application;
(b) the stage of education of the child the subject of the application; and
(c) any other matters which in the opinion of the Minister are proper matters to be taken into account having regard to the resources available and the objective of enabling children to attend childcare services.
(5) In specifying the methodology in accordance with which the amount per hour (if any) of income-related financial support shall be calculated, the Minister shall have regard to—
(a) the maximum amounts per hour,
(b) the amounts per hour of non-income related financial support,
(c) the income limit for qualification for income-related financial support,
(d) the income of the applicant and his or her partner, and
(e) the number of children under the age of 15 years who reside with the applicant or with his or her partner and in relation to whom the applicant or his or her partner is a parent.
(6) In specifying the maximum number of hours in respect of which an applicant may qualify for financial support under the Scheme, the Minister shall have regard to—
(a) any other financial support paid under the Scheme in relation to the child the subject of the application,
(b) in the case of income-related financial support, the extent of the participation of the applicant and his or her partner in work or study,
(c) in the case of income-related financial support, any change of circumstances in work or study of the applicant and his or her partner including the commencement, interruption or cessation of such work or study,
(d) in the case of income-related financial support, the unavailability of the applicant and his or her partner to care for the child,
(e) the period of time each week that the child the subject of the application is enrolled in a pre-school programme funded by the Minister or the Minister for Education and Skills, or the period of time each week that the child is eligible to be enrolled in such a programme, and
(f) the period of time each week that the child the subject of the application is enrolled in a school or is eligible to be enrolled in a school.

Provision for vulnerable children
14. (1) The Minister may enter into an agreement with a statutory body specified in column (1) of Schedule 2 for the purposes specified in column (2) of that Schedule opposite the reference to that statutory body specified in column (1) thereof upon such terms and conditions as may be specified in the agreement in relation to the provision by the Minister of financial support.
(2) Without prejudice to the generality of subsection (1), an agreement under this section may—
(a) specify the information and documentation to be provided by the statutory body to the scheme administrator and the means by which it is to be provided,
(b) specify the conditions and circumstances under which a financial contribution will be payable by the statutory body under the terms of the agreement,
(c) specify the class or classes of children by reference to age or social circumstances or developmental needs intended to benefit from childcare services under the terms of the agreement,
(d) specify the amount of financial support to be paid by the scheme administrator,
(e) specify the terms of agreements to be made with approved childcare services providers,
(f) specify the period for which the agreement shall have effect and provide for matters connected with or incidental or ancillary to or consequent upon the expiration of the agreement,
(g) specify the number of hours of childcare to which the financial support relates, and
(h) specify the period for which financial support shall be paid in respect of a child identified by the body under this section.
(3) In specifying the terms and conditions of an agreement under this section, the Minister and the statutory body concerned shall have regard to the objective of the provision of stability for children attending childcare services.

Payment of financial support
15. (1) Subject to subsection (2), the scheme administrator shall arrange to pay financial support to an approved childcare services provider with whom a parent or a statutory body, as may be appropriate, has entered into an agreement to provide childcare services in respect of a child the subject of a determination under section 12 or an agreement under section 14 .
(2) A payment shall not be made in respect of a child the subject of a determination under section 12 if—
(a)the child is under the age of 24 weeks or over the age of 15 years, or
(b) neither the applicant nor his or her partner has care of the child for the period of time each week in respect of which the financial support is payable, or
(c) neither the applicant nor his or her partner is—
(i) ordinarily resident in the State, or
(ii) an applicant within the meaning of section 2 of the Act of 2015, or
(iii) a programme refugee within the meaning of section 59 of the Act of 2015, or
(iv) a national of a Member State of the European Union, of the Swiss Confederation or of a State which is a contracting State to the EEA Agreement, or
(v) formerly employed or self-employed in the State, provided that the formerly employed or self-employed person continues to be covered against one of the contingencies listed in Article 3 of Regulation 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, whether by means of a statutory entitlement under the Act of 2005 or through a voluntary contract of insurance,
or
(d) the applicant is in receipt of financial support under section 14 in respect of that child.
(3) The Minister may make regulations for the purposes of subsection (1).
(4) Without prejudice to the generality of subsection (3), regulations under this section may—
(a) specify the conditions and circumstances for the making of payments of financial support by the scheme administrator under the Scheme and for their increase, reduction, withdrawal, continuance or discontinuance,
(b) specify the conditions and circumstances for the making of payments by the applicant to the childcare services provider with whom he or she has entered into an agreement for the provision of childcare services,
(c) specify the information and documentation required to be provided by applicants and approved childcare services providers to the scheme administrator in connection with payments of financial support under the Scheme,
(d) specify the form and manner in which records are to be maintained by approved childcare services providers in relation to financial support paid or payable to them under the Scheme,
(e) specify the manner in which financial support is to be paid by the scheme administrator under the Scheme, including the frequency of payments of such financial support,
(f) make provision for any matters consequential on, or incidental to, the foregoing.
(5) For the purposes of this section, a person who does not have a right to reside in the State shall not be regarded as being ordinarily resident in the State.

Change of circumstances
16. (1) Where an applicant becomes aware that by reason of any change in his or her circumstances or in the circumstances of his or her partner or the circumstances of the child the subject of the application—
(a) it is no longer possible to comply with the conditions specified in section 15 (2), or
(b) in the case of income-related financial support, the applicant or his or her partner has ceased to participate in work or study,
he or she shall as soon as may be notify the scheme administrator in writing or by electronic means of the change in circumstances.

(2) A person who, without reasonable excuse, contravenes subsection (1) shall be guilty of an offence.

Reviews
17. (1) The scheme administrator may arrange for a review to be carried out in relation to one or more of the matters specified in subsection (2) either—
(a) of its own initiative,
(b) at the request of an applicant or a person in receipt of financial support under section 14 , or
(c) at the request of an approved childcare services provider.
(2) In carrying out a review under subsection (1) the scheme administrator may examine any or all of the following:
(a) the eligibility of a person to make an application under section 7 ;
(b) the eligibility of an applicant to continue to receive financial support under section 15 ;
(c) the amount of the financial support specified in a determination under section 12 ;
(d) information provided during the application process;
(e) the number of hours of childcare services provided in any week by the childcare services provider for a child in relation to whom financial support is paid;
(f) the amount of financial support paid each week;
(g) the amount charged by the childcare services provider to the parent of a child in respect of whom financial support is paid;
(h) the period of validity of a determination under section 12 .
(3) In carrying out a review referred to in subsection (1), the scheme administrator may require an applicant or a person in receipt of financial support under section 14 or a childcare services provider to provide documentation in relation to any matter that may be relevant to a decision by the scheme administrator in relation to the matter under review.
(4) Where the scheme administrator, having carried out a review under subsection (1), is satisfied that a determination previously made by the scheme administrator in relation to the matter under review should be altered, it may decide that the determination be altered accordingly.
(5) An alteration referred to in subsection (4) shall, subject to subsection (6), and unless the scheme administrator otherwise decides (in particular in any case where there has been a contravention of any requirement of this Act relevant to the matter the subject of the review), have effect from the date the decision is made under subsection (4).
(6) Where a decision under subsection (4) results in the amount the applicant is qualified to receive under section 12 being reduced, the scheme administrator shall not implement that decision before the expiration of 20 working days after the date on which it has given notice of the decision under subsection (7).
(7) Where the scheme administrator makes a decision under subsection (4), it shall, not later than 10 working days after the date of the decision, give notice of that decision in writing or by electronic means to the person who requested the review, stating the reasons for the decision.
(8) The Minister may prescribe procedures to be observed in respect of the conduct of reviews under this section including procedures relating to time limits for the making and determination of reviews and any ancillary, supplemental or consequential matters as may be necessary to give full effect to this section and the scheme administrator shall comply with those procedures.

Authorised officers
18. (1) The scheme administrator may, with the consent of the Minister, appoint such and so many persons as he or she considers appropriate to be an authorised officer or authorised officers for the purposes of this Act.
(2) A person appointed to be an authorised officer under this section shall on his or her appointment be furnished with a warrant of his or her appointment, and when exercising a power conferred by this Act shall, if requested by any person affected thereby, produce such warrant to that person for inspection.
(3) An appointment under this section shall cease—
(a) if the scheme administrator revokes the appointment,
(b) if the appointment is for a fixed period, on the expiry of that period, or
(c) if the person appointed is a member of staff of the scheme administrator, when that person ceases to be a member of the staff of the scheme administrator.

Powers of authorised officers
19. (1) For the purposes of this Act, an authorised officer may—
(a) subject to subsection (3), enter at all reasonable times any premises—
(i) that he or she has reasonable grounds for believing has been or is being used in connection with the provision of childcare services by an approved childcare services provider, or
(ii) at which he or she has reasonable grounds for believing that books, records or documents relating to the provision of such childcare services are kept,
(b) at such premises, inspect and take copies of, any books, records or other documents (including books, records or documents stored in non-legible form), or extracts therefrom, that he or she finds in the course of his or her inspection,
(c) remove any such books, documents or records from such premises and retain them for such period as he or she reasonably considers to be necessary for the purposes of his or her functions under this Act,
(d) require any person at the premises concerned, including the owner or person in charge of that premises, to give the authorised officer such information and assistance as the authorised officer may reasonably require for the purposes of his or her functions under this Act,
(e) require any person at the premises concerned, including the owner or person in charge of that place or premises, to produce to the authorised officer such books, documents or other records (and in the case of books, documents or records stored in non-legible form, a legible reproduction thereof) that are in that person’s possession or procurement, or under that person’s control, as he or she may reasonably require for the purposes of his or her functions under this Act, and
(f) require any person, whom the authorised officer has reasonable grounds for believing to be, or to have been, an employer or employee, to answer such questions as the authorised officer may ask relative to any matter under this Act and to make a declaration of the truth of the answers to those questions.
(2) When performing a function under this Act, an authorised officer may, subject to any warrant under subsection (4), be accompanied by such number of other authorised officers or members of the Garda Síochána as he or she considers appropriate.
(3) An authorised officer shall not enter a dwelling, other than—
(a) with the consent of the occupier, or
(b) pursuant to a warrant under subsection (4).
(4) Upon the sworn information of an authorised officer, a judge of the District Court may, if satisfied that there are reasonable grounds for believing that information, books, documents or other records (including information, books, documents or records stored in non-legible form) required by an authorised officer under this section is or are held at any dwelling, issue a warrant authorising a named authorised officer, accompanied by such other authorised officers or members of the Garda Síochána as may be necessary, at any time or times, before the expiration of one month from the date of issue of the warrant, to enter (if necessary by the use of reasonable force) the dwelling and perform the functions of an authorised officer under paragraphs (b), (c), (d), (e) and (f) of subsection (1).
(5) A person shall be guilty of an offence if he or she—
(a) obstructs or interferes with an authorised officer or a member of the Garda Síochána in the course of exercising a power conferred on him or her by this Act or a warrant under subsection (4) or impedes the exercise by the authorised officer or member, as the case may be, of such power, or
(b) fails or refuses to comply with a requirement of an authorised officer or member of the Garda Síochána pursuant to paragraph (d) or (f) of subsection (1), or in purported compliance with such requirement gives information or makes a declaration to the authorised officer or member that he or she knows to be false or misleading in any material respect.
(6) Where an authorised officer believes, upon reasonable grounds, that a person has committed an offence under this Act, he or she may require that person to provide him or her with his or her name and the address at which he or she ordinarily resides.
(7) A statement or admission made by a person pursuant to a requirement under subsection (1)(d) or (f) shall not be admissible as evidence in proceedings brought against the person for an offence (other than an offence under subsection (5)).

Appeals
20. (1) A person (“the appellant”) aggrieved by a decision of the scheme administrator under section 17 may appeal against the decision by giving the scheme administrator a notice in the specified form stating the reasons for the appeal.
(2) (a) The scheme administrator, with the consent of the Minister, shall appoint a panel of suitable persons to consider appeals received under subsection (1).
(b) Where the scheme administrator receives an appeal under subsection (1), it shall appoint a suitable person from the panel referred to in paragraph (a) to consider the appeal.
(3) The person appointed pursuant to subsection (2) to consider an appeal under subsection (1) shall—
(a) be independent in the performance of the person’s functions under this Act as a person so appointed,
(b) not be confined to the grounds on which the decision of the scheme administrator was based, but may decide the matter which is the subject of the appeal as if it were being decided for the first time,
(c) consider any written objections made by the appellant in support of the appeal,
(d) make a decision (“relevant decision”) in writing or by electronic means determining the appeal, which may be a decision to—
(i) confirm the decision the subject of the appeal,
(ii) revoke that decision and replace it with such other decision as the person thinks appropriate, or
(iii) refer the matter concerned back to the scheme administrator for reconsideration in accordance with such directions as the person thinks appropriate,
(e) send a copy of the relevant decision to the appellant and the scheme administrator together with the person’s reasons for the relevant decision, and
(f) give the scheme administrator such directions as the person thinks appropriate.
(4) A person (including the scheme administrator) aggrieved by the relevant decision may appeal to the High Court against the decision on a point of law.
(5) The scheme administrator shall, on complying with any direction given under subsection (3)(d)(iii) or (f), give notice in writing or by electronic means to the appellant concerned of the scheme administrator’s compliance with the direction.
(6) The Minister may prescribe procedures to be observed in respect of the making and determination of appeals under this section including procedures relating to time limits for the making and determination of appeals and any ancillary, supplemental or consequential matters as may be necessary to give full effect to this section and a person appointed to consider an appeal under this section shall comply with those procedures.

Recovery of payment of financial support
21. (1) Where it comes to the knowledge of the scheme administrator that—
(a) all or part of the payment of financial support in respect of a child has been procured through fraud or misrepresentation, or
(b) there has been an overpayment of financial support in respect of a child,
then the amount of that financial support so procured, or of that overpayment, as the case may be, shall be repayable to the scheme administrator on demand and, if not so repaid, the scheme administrator may recover the amount, as a simple contract debt in any court of competent jurisdiction from the person to whom the overpayment was made.

(2) Without prejudice to the rights of the scheme administrator under subsection (1), the scheme administrator may reduce the amount of financial support which would be payable under the Scheme in relation to one or more children until the total of the excess payments has been recovered by the scheme administrator.
(3) Where an excess amount of financial support has been paid in respect of a child by reason of the fraud or misrepresentation of a parent of the child the subject of the application, such excess shall be payable by the parent to the scheme administrator and if not so paid, may be recovered from the parent as a simple contract debt in any court of competent jurisdiction.

Amendment of Act of 1991
22. The Act of 1991 is amended—
(a) in section 58A—
(i) by the insertion of the following definition:
“ ‘school’ has the same meaning as it has in the Education Act 1998 ;”,
(ii) by the substitution of the following definition for the definition of “school age service”:
“ ‘school age service’ means any early years service, play group, day nursery, crèche, day-care or other similar service which—
(a) caters for children under the age of 15 years enrolled in a school providing primary or post-primary education,
(b) provides a range of activities that are developmental, educational and recreational in manner, which take place outside of school hours, the primary purpose of which is to care for children where their parents are unavailable, and
(c) the basis for access to which is made publicly known to the parents and guardians of the children referred to in paragraph (a) of this definition,
but excludes those services—
(i) solely providing activities relating to—
(I) the Arts,
(II) youth work,
(III) competitive or recreational sport,
(IV) tuition, or
(V) religious teaching,
or
(ii) for whom statutory provision for inspection exists, prior to the commencement of this section;”,
(b) in section 58L by the substitution of the following paragraph for paragraph (c):
“(c) a person taking care of not more than 6 children, of which not more than 3 are pre-school children, of different families (other than that person’s own such children) at the same time in that person’s home, except where that person has been continuously registered as an early years service for a period of one year, wishes to remain on the register, and continues to satisfy such conditions as may be prescribed.”.

Amendment of section 265 of Act of 2005
23. Section 265(1) of the Act of 2005 is amended in paragraph (a) of the definition of “relevant purpose”—
(a) in subparagraph (v)(III), by the substitution of “ Student Support Act 2011 ,” for “ Student Support Act 2011 , or”,
(b) in subparagraph (vi), by the substitution of “ Civil Legal Aid Act 1995 , or” for “ Civil Legal Aid Act 1995 ,” and
(c) by the insertion of the following subparagraph after subparagraph (vi):
“(vii) financial support under the Childcare Support Act 2018,”.

Processing of personal data
24. (1) Notwithstanding anything contained in the Data Protection Acts 1988 and 2003 or any other enactment, the data controller of a person listed in Schedule 3 or of a person prescribed for the time being under subsection (2) (in this subsection called “the first named person”) shall, on being requested to do so by the data controller of a person so listed or prescribed, process personal data kept by the first named person, or information extracted from such data, to the data controller of the other person so listed or prescribed for the time being, if the data controller of the first named person is satisfied that it will be used for a relevant purpose only.
(2) If a person (not being a person listed in Schedule 3 , or prescribed for the time being under this subsection) keeps personal data that is relevant to any of the functions of the scheme administrator, and the Minister considers that such supply by the person not so listed or prescribed to a person so listed or prescribed will further the attainment of a relevant purpose, then the Minister, following consultation with the Data Protection Commissioner, may prescribe that person for the purposes of subsection (1).
(3) Any processing of personal data for the purposes of subsection (1) shall go no further than is reasonably necessary for the attainment of the relevant purpose.
(4) A data controller may refuse a request under subsection (1) if he or she is satisfied that it would be unwarranted in any particular case by reason of prejudice to the fundamental rights and freedoms or legitimate interests of the data subject.
(5) The Minister may, following consultation with the Data Protection Commissioner, make regulations specifying particular circumstances in which subsection (3) is, or is not, to be taken as satisfied.
(6) In this section—
“data controller” has the meaning given to it by the Data Protection Acts 1988 and 2003;
“personal data” has the meaning given to it by the Data Protection Acts 1988 and 2003;
“processing” has the meaning given to it by the Data Protection Acts 1988 and 2003;
“relevant purpose” means the purpose of—
(a) obtaining information to determine whether an applicant is eligible to apply for financial support,
(b) verifying data supplied under section 14 or as part of an application or review process or an appeal process,
(c) obtaining information to determine the amount of financial support which a person is qualified to receive,
(d) obtaining information in relation to the financial contributions of parents towards the provision of childcare services for a child the subject of financial support,
(e) providing data to assist in a review under section 17 or an appeal under section 20 or the prosecution of an offence under section 29 ,
(f) assisting in the processing of financial support under section 14 or the processing of an application for financial support and assisting in the payment of such financial support to childcare services providers,
(g) verifying that a child the subject of financial support is enrolled or registered with a childcare services provider and is continuing to attend the services including the number of hours of such attendance, and
(h) identification of an applicant and his or her partner and any children named in the application for financial support.

Regulations
25. (1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed.
(2) Without prejudice to any provision of this Act, regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient.
(3) Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House sits after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Review of Scheme
26. The Minister shall, as soon as may be after the expiration of 12 months from the date of the making of the first payment of financial support to an approved childcare services provider under section 15 , conduct a review of the operation of the Scheme and make a report in writing to each House of the Oireachtas of his or her findings and conclusions resulting from the review.

Transitional provision
27. A person in receipt of financial support funded by the Minister in respect of a child under—
(a) the Childcare Education and Training Support programme,
(b) the After-School Childcare programme,
(c) the Community Employment Childcare programme,
(d) the Community Childcare Subvention programme, or
(e) the Community Childcare Subvention Plus programme,
shall continue to be paid the relevant financial support until—
(i) such payment ceases in accordance with the provisions of a programme referred to in paragraph (a), (b), (c), (d) or (e) as may be appropriate, or the programme ceases to operate, or
(ii) the date from which financial support is to be paid under section 15 in respect of the child concerned,
whichever first occurs.
Expenses
28. The expenses incurred by the Minister in the administration of the Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of monies provided by the Oireachtas.

Offences
29. (1) A person guilty of an offence under this Act shall be liable—
(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months or both, or
(b) on conviction on indictment, to a fine not exceeding €25,000 or imprisonment for a term not exceeding 2 years or both.
(2) Where an offence under this Act is committed by a body corporate and is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in such capacity, that person shall, as well as the body corporate, be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
(3) Summary proceedings for an offence under this Act may be brought and prosecuted by the Minister.

Short title and commencement
30. (1) This Act may be cited as the Childcare Support Act 2018.
(2) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appropriate for different purposes or different provisions.

SCHEDULE 1
Assessment of Income
Assessment of Income
In this Schedule—
“allowable deduction”, in relation to income, means—
(a) income tax required by law to be deducted or paid from income and in respect of which a person is not entitled to claim an exemption, relief or allowance or the repayment of tax already paid,
(b) social insurance contributions,
(c) the universal social charge,
(d) pension contributions, subject to a limit of the amount of such pension contributions that can be deducted from gross income before that income becomes liable to income tax,
(e) payments made by a person in respect of the maintenance of a child, spouse or former spouse, less the amount of any relief from income tax which may be claimed in respect of such payments,
(f) such payments under the Act of 2005 or the Student Support Act 2011 or similar type payments as may be prescribed that—
(i) facilitate the participation of a person in employment or self-employment and are intended to be of limited duration,
(ii) are intended to support the participation of a person in education or training, or
(iii) are intended to enable a person to meet certain expenses that arise as a result of exceptional family or social circumstances of the person;
“income” means—
(a) income from an employment, trade, profession or vocation,
(b) rental income,
(c) income from holding of an office or directorship,
(d) income from a pension (whether under the social welfare code or otherwise),
(e) income whether in the nature of a benefit or allowance arising from social welfare, social insurance or other sources of a similar character,
(f) income from fees, commissions, dividends, interest, or income of a similar character,
(g) payments under a settlement, covenant, estate or a payment in respect of maintenance,
(h) such other forms of benefit as may be prescribed,
whether in money or monies worth and arising within the State or otherwise.

SCHEDULE 2
Agreements with Certain Statutory Bodies
Section 14
Purposes for which an agreement may be made under section 14
SCHEDULE 3
Processing of Personal Data
1. Minister.
2. Minister for Employment Affairs and Social Protection.
3. Revenue Commissioners.
4. Scheme administrator.
5. Person with whom the scheme administrator has entered into an agreement under section 6 .
6. Approved childcare services providers.
7. Statutory bodies with whom the Minister has entered into an agreement under section 14 .
8. Employer or education or training provider of an applicant or his or her partner.

1 OJ No. L 166 30. 4.2004


Court may award costs in case of conviction on indictment for nuisance from furnaces of steam engines.

Whereas great inconvenience has arisen, and a great degree of injury has been and is now sustained by his Majesty’s subjects in various parts of the United Empire, from the improper construction as well as from the negligent use of furnaces employed in the working of engines by steam: And whereas by law every such nuisance, being of a public nature, is abateable as such by indictment; but the expence attending the prosecution thereof has deterred parties suffering thereby from seeking the remedy given by law: Be it therefore enacted by the King’s most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present Parliament assembled, and by the authority of the same, that it shall and may be lawful for the court, by which judgment ought to be pronounced in case of conviction on any such indictment, to award such costs as shall be deemed proper and reasonable to the prosecutor or prosecutors, to be paid by the party or parties so convicted as aforesaid; such award to be made either before or at the time of pronouncing final judgment, as to the court may seem fit.

Court may make order for preventing the nuisance in future.                                          2. If it shall appear to the court by which judgment ought to be pronounced in case of conviction on any such indictment, that the grievance may be remedied by altering the construction of the furnace so employed in the working of engines by steam, it shall be lawful to the court, without the consent of the prosecutor, to make such order touching the premises, as shall be by the said court thought expedient for preventing the nuisance in future, before passing final sentence upon the defendant or defendants so convicted.

This Act not to extend to owners of furnaces of steam engines erected solely for working mines, &c.  3. Provided always, that the provisions of this Act, as far as they relate to the payment of costs and the alteration of furnaces, shall not extend or be construed to extend to the owner or proprietors or occupiers of any furnaces of steam engines erected solely for the purpose of working mines of different descriptions, or employed solely in the smelting of ores and minerals, or in the manufacturing of the produce of such ores or minerals on or immediately adjoining the premises where they are raised.

[S. 4 rep. 36 & 37 Vict. c. 91. (S.L.R.)]


[12 th March, 2014]
Be it enacted by the Oireachtas as follows:
Interpretation
1. In this Act—
“Act of 1995” means the Industrial Development Act 1995 ;
“Act of 1998” means the Industrial Development (Enterprise Ireland) Act 1998 ;
“Act of 2001” means the Local Government Act 2001 ;
“city council” has the same meaning as it has in the Act of 2001;
“county council” has the same meaning as it has in the Act of 2001;
“county enterprise board” means a body referred to in the Schedule to the Act of 1995 and established for the purposes specified in subsection (1) of section 10 of that Act;
“dissolution day” shall be construed in accordance with section 4 ;
“local authority” means a city council or a county council;
“member of staff” means, in relation to a county enterprise board, a person employed by the county enterprise board under a contract of service;
“Minister” means the Minister for Jobs, Enterprise and Innovation;
“remuneration” does not include allowances or expenses.
Functional area of local authority
2. (1) For the purposes of this Act, the functional area of a city council consists of—
(a) that city council’s administrative area, and
(b) the administrative area of any other local authority declared by order under subsection (3) to form part of that functional area.
(2) For the purposes of this Act, the functional area of a county council consists of—
(a) that county council’s administrative area and the administrative area of any town council situated within that county council’s administrative area, and
(b) the administrative area of any other local authority declared by order under subsection (3) to form part of that functional area.
(3) The Minister may, after consultation with the Minister for the Environment, Community and Local Government, by order declare that, for the purposes of this Act, the administrative area (including, in the case of a county, the administrative area of any town council situated within that county) of a local authority specified in the order forms part of the functional area of another local authority specified in the order.
(4) In this section— “administrative area” has the same meaning as it has in the Act of 2001; “town council” has the same meaning as it has in the Act of 2001.

Expenses
3. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.

Dissolution day
4. The Minister shall, by order, appoint a day to be the dissolution day for the purposes of this Act.

Dissolution of county enterprise boards
5. (1) Each county enterprise board shall stand dissolved on and from the dissolution day.
(2) The Minister shall, as soon as practicable after the dissolution day, notify in writing the Registrar of Companies that, by virtue of this section, each county enterprise board stands dissolved.
(3) The Registrar of Companies shall, on receipt of the notification under subsection (2), register the notification under the Companies Acts in respect of each county enterprise board.

Transfer of functions of county enterprise boards to Enterprise Ireland
6. (1) All functions that, immediately before the dissolution day, were vested in a county enterprise board by or under any enactment are transferred to Enterprise Ireland.
(2) References in any enactment (other than this Act) or instrument under an enactment to a county enterprise board shall be construed as references to Enterprise Ireland.
(3) (a) The functions transferred to Enterprise Ireland by this section shall, in the functional area of a local authority, be performed on its behalf by that local authority.
(b) Enterprise Ireland may make an arrangement with a local authority in relation to the performance by that local authority of functions transferred to Enterprise Ireland by this section and, where such an arrangement is made, the local authority shall perform those functions in accordance with the arrangement.
(c) An arrangement under this section may specify conditions in relation to the performance of the functions concerned by the local authority.
(4) Section 10 of the Act of 1995 is amended by—
(a) the deletion, in paragraph (e) of subsection (4), of “subject to the prior consent in writing of the Minister”, and
(b) the deletion, in that subsection, of paragraph (g).
Transfer of land and other property
7. (1) On the dissolution day, all lands that, immediately before that day, were vested in a county enterprise board and all rights, powers and privileges relating to or connected with such lands shall, without any conveyance or assignment, stand vested in Enterprise Ireland for all the estate or interest therein that, immediately before the dissolution day, was vested in that county enterprise board, but subject to all trusts and equities affecting the lands continuing to subsist and being capable of being performed.
(2) On the dissolution day, all property (other than land), including choses-in-action, that, immediately before that day, was vested in a county enterprise board shall stand vested in Enterprise Ireland without any assignment.
(3) Every chose-in-action vested in Enterprise Ireland by virtue of subsection (2) may, on and from the dissolution day, be sued on, recovered or enforced by Enterprise Ireland in its own name, and it shall not be necessary for Enterprise Ireland, or a county enterprise board, to give notice to any person bound by the chose-in-action of the vesting effected by that subsection.

Transfer of rights and liabilities, and continuation of leases, licences and permissions granted by county enterprise boards
8. (1) All rights and liabilities of a county enterprise board arising by virtue of any contract or commitment (expressed or implied) entered into by it before the dissolution day shall on that day stand transferred to Enterprise Ireland.
(2) Subject to subsection (5) of section 12 , every right and liability transferred by subsection (1) to Enterprise Ireland may, on and after the dissolution day, be sued on, recovered or enforced by or against Enterprise Ireland in its own name, and it shall not be necessary for Enterprise Ireland, or a county enterprise board, to give notice to the person whose right or liability is transferred by that subsection of such transfer.
(3) Every lease, licence, wayleave or permission granted by a county enterprise board in relation to land or other property vested in Enterprise Ireland by or under this Act, and in force immediately before the dissolution day, shall continue in force as if granted by Enterprise Ireland.

Liability for loss occurring before dissolution day
9. (1) A claim in respect of any loss or injury alleged to have been suffered by any person arising out of the performance before the dissolution day of the functions transferred to Enterprise Ireland by this Act shall on and after that day, lie against Enterprise Ireland and not against a county enterprise board.
(2) Any legal proceedings pending immediately before the dissolution day to which a county enterprise board is a party, that relate to a function of that county enterprise board transferred by this Act, shall be continued, with the substitution in the proceedings of Enterprise Ireland, in so far as they so relate, for that county enterprise board and the proceedings shall not abate by reason of such substitution.
(3) Where, before the dissolution day, agreement has been reached between the parties concerned in settlement of a claim to which subsection (1) relates, the terms of the agreement have not been implemented, or judgment in such a claim has been given in favour of a person but has not been enforced, the terms of the agreement or judgment, as the case may be, shall, in so far as they are enforceable against a county enterprise board be enforceable against Enterprise Ireland and not that county enterprise board.
(4) Any claim made or proper to be made by a county enterprise board in respect of any loss or injury arising from the act or default of any person before the dissolution day shall, where the claim relates to functions transferred to Enterprise Ireland by section 6 , on and after that day be regarded as having been made by or proper to be made by Enterprise Ireland and may be pursued and sued for by Enterprise Ireland as if the loss or injury had been suffered by Enterprise Ireland.

Provisions consequent upon transfer of functions, assets and liabilities to Enterprise Ireland
10. (1) Anything commenced and not completed before the dissolution day by or under the authority of a county enterprise board may, in so far as it relates to a function transferred to Enterprise Ireland under section 6, be carried on or completed on or after the dissolution day by Enterprise Ireland.
(2) Every instrument made under an enactment and every document (including any certificate) granted or made, in the performance of a function transferred by section 6, shall, if and in so far as it was operative immediately before the dissolution day, have effect on and after that day as if it had been granted or made by Enterprise Ireland.
(3) References to a county enterprise board in the memorandum of association or articles of association of any company (other than a county enterprise board) and relating to a function transferred by section 6 shall, on and after the dissolution day, be construed as references to Enterprise Ireland.
(4) Any money, stocks, shares or securities transferred by section 7 that, immediately before the dissolution day, were standing in the name of a county enterprise board shall, on the request of Enterprise Ireland, be transferred into its own name.
(5) A certificate signed by the Minister that any property, right or liability has or, as the case may be, has not vested in Enterprise Ireland under section 7 or 8 shall be sufficient evidence, unless the contrary is shown, of the fact so certified for all purposes.

Designation of staff of county enterprise boards for purposes of section 12
11. (1) The Minister may designate for employment by Forfás any person who, immediately before the designation, is a member of the staff of a county enterprise board.
(2) The Minister may designate for employment by Enterprise Ireland any person who, immediately before the designation, is a member of the staff of a county enterprise board.
(3) The Minister may designate for employment by a local authority specified by him or her any person who, immediately before the designation, is a member of the staff of a county enterprise board.
(4) A designation under this section shall be in writing.
Transfer of staff of county enterprise boards
12. (1) Save in accordance with any collective agreement negotiated with a recognised trade union or staff association and approved by the Minister with the consent of the Minister for Public Expenditure and Reform, Forfás shall accept into its employment on the dissolution day each person who, immediately before that day—
(a) stood designated by the Minister in accordance with subsection (1) of section 11 , and
(b) was a member of staff of a county enterprise board, on such terms and conditions of service relating to remuneration as are not less favourable to him or her than the terms and conditions of service relating to remuneration to which the person was subject immediately before that day.
(2) Save in accordance with any collective agreement negotiated with a recognised trade union or staff association and approved by the Minister with the consent of the Minister for Public Expenditure and Reform, Enterprise Ireland shall accept into its employment on the dissolution day each person who, immediately before that day—
(a) stood designated by the Minister in accordance with subsection (2) of section 11 , and
(b) was a member of staff of a county enterprise board, on such terms and conditions of service relating to remuneration as are not less favourable to him or her than the terms and conditions of service relating to remuneration to which the person was subject immediately before that day.
(3) Save in accordance with any collective agreement negotiated with a recognised trade union or staff association and approved by the Minister with the consent of the Minister for Public Expenditure and Reform and the Minister for the Environment, Community and Local Government, a local authority shall accept into its employment on the dissolution day each person who, immediately before that day—
(a) stood designated by the Minister in accordance with subsection (3) of section 11 for employment by that local authority, and
(b) was a member of staff of a county enterprise board, on such terms and conditions of service relating to remuneration as are not less favourable to him or her than the terms and conditions of service relating to remuneration to which the person was subject immediately before that day.
(4) In relation to persons accepted into the employment of Forfás, Enterprise Ireland or a local authority in accordance with this section, previous service with a county enterprise board shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the following enactments:
(a) the Redundancy Payments Acts 1967 to 2012;
(b) the Protection of Employees (Part-Time Work) Act 2001 ;
(c) the Minimum Notice and Terms of Employment Acts 1973 to 2005;
(d) the Unfair Dismissals Acts 1977 to 2007;
(e) the Organisation of Working Time Act 1997 ;
(f) the Parental Leave Acts 1998 and 2006.
(5) (a) Save in accordance with a collective agreement negotiated with a recognised trade union or staff association and approved by the Minister with the consent of the Minister for Public Expenditure and Reform, the entitlement to any superannuation benefit of, or in respect of, a person who was accepted into the employment of Forfás, Enterprise Ireland or a local authority in accordance with this section shall be determined, and the benefit shall be calculated and paid, by Forfás, Enterprise Ireland or that local authority, as may be appropriate, in accordance with such scheme, arrangements or enactments in relation to superannuation as applied to the person immediately before the dissolution day and, for that purpose, his or her pensionable service with Forfás, Enterprise Ireland or a local authority, as the case may be, shall be aggregated with his or her previous pensionable service.
(b) Save in accordance with a collective agreement negotiated with a recognised trade union or staff association and approved by the Minister with the consent of the Minister for Public Expenditure and Reform, the entitlement to any superannuation benefit of, or in respect of, a person who is a former member of the staff of a county enterprise board (including those former members of staff of a county enterprise board who are deceased) shall be determined, and the benefit shall be calculated and paid, by the Minister in accordance with such scheme, arrangements or enactments in relation to superannuation as applied in respect of the person immediately before the dissolution day.
(c) All functions in relation to superannuation under any scheme, arrangement or enactment that, immediately before the dissolution day, vested in a county enterprise board shall on and from that day vest in the Minister.
(6) The Second Schedule to the Industrial Development Act 1993 is amended by the substitution of the following subparagraph for subparagraph (2) of paragraph 2:
“(2) Any person—
(a) accepted into the employment of Forfás under section 21,
(b) transferred to the staff of Forfás in accordance with—
(i) section 21A (inserted by the Industrial Development Act 2006 ), or
(ii) section 39 or 40 of the Industrial Development (Enterprise Ireland) Act 1998 ,
or
(c) accepted into the employment of Forfás in accordance with section 12 of the County Enterprise Boards (Dissolution) Act 2014,
may be seconded from time to time by Forfás to serve with the IDA, Enterprise Ireland or the National Standards Authority of Ireland.”.

(7) In this section—
“superannuation benefit” means a pension, gratuity or other allowance payable on resignation, retirement or death.

Final accounts and final annual reports of county enterprise boards
13. (1) Enterprise Ireland shall, in respect of the period specified under subsection (3), prepare final accounts in respect of each county enterprise board.
(2) Enterprise Ireland shall submit the final accounts of each county enterprise board to the Comptroller and Auditor General for audit not later than 3 months after the dissolution day.
(3) For the purposes of subsection (1), the Minister may specify—
(a) a period that is longer or shorter than a financial year of a county enterprise board, and
(b) different periods in respect of different county enterprise boards.
(4) Enterprise Ireland shall prepare the final annual report in respect of each county enterprise board and submit the report to the Minister not later than 5 months after the dissolution day.
(5) Section 22 of the Act of 1998 shall apply with the necessary modifications in relation to an annual report prepared under this section.

Short title, collective citation and commencement
14. (1) This Act may be cited as the County Enterprise Boards (Dissolution) Act 2014.
(2) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.
(3) The Industrial Development Acts 1986 to 2009 and this Act may be cited together as the Industrial Development Acts 1986 to 2014.


Power to apply funds in accordance with rules.  1.—(1) Notwithstanding anything in the Intermediate Education (Ireland) Act, 1878, or the Local Taxation (Customs and Excise) Act, 1890, the funds placed at the disposal of the Intermediate Education Board for Ireland (in this Act referred to as “the Board”) may, subject to the proviso in sub-section (4) of section five and to section seven of the said Act of 1878, be applied by them in the manner provided by rules to be made by the Board, with the approval of the Lord Lieutenant, for the purpose of carrying out the recommendations contained in the General Summary of the Report of the Commissioners appointed by the Lord Lieutenant to report upon the system of intermediate education in Ireland, dated the eleventh day of August one thousand eight hundred and ninety-nine, and [1] presented to both Houses of Parliament by command of Her Majesty.

41 & 42 Vict. c. 66.
53 & 54 Vict. c. 60.
(2) All rules made in pursuance of this section shall be laid before both Houses of Parliament within three weeks after the same have been made, if Parliament be then sitting, or if Parliament be not then sitting within three weeks of the session then next ensuing, and, if any such rules are disapproved by either House of Parliament within forty days after the same have been so laid before Parliament, such rules, or such part thereof as may be so disapproved, shall thereupon become void and of no effect.

Power to appoint inspectors.                    2. The Board may, if they think fit, with the sanction of the Lord Lieutenant, and with the approval of the Treasury as to number and remuneration, appoint persons to act as inspectors in addition to, or instead of, the Assistant Commissioners.

Power to grant super-annuation allowances.      3. The Board may, if they think fit, out of the funds placed at their disposal, grant, with the approval of the Treasury, superannuation allowances to the Assistant Commissioners, inspectors, clerks, and other officers of the Board, not exceeding in amount the allowance provided by the scale contained in the Superannuation Act, 1859.

22 Vict. c. 26.
Composition of Board.                           4. In the provision in section two of the Intermediate Education (Ireland) Act, 1878, which fixes the number of members of the Board, “twelve” shall be substituted for “seven.”

Short title and construction.                   5. This Act may be cited as the Intermediate Education (Ireland) Act, 1900, and the Intermediate Education (Ireland) Act, 1878, the Intermediate Education (Ireland) Act, 1882, and this Act shall be construed as one Act, and may be cited collectively as the Intermediate Education (Ireland) Acts, 1878 to 1900.

41 & 42 Vict. c. 66.
45 & 46 Vict. c. 69.
[S. 6 rep. 8 Edw. 7. c. 49 (S.L.R.).]
[1 The Report forms Parl. Paper, 1899 [9116].]