Education (Welfare) Act, 2000

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Register of young persons in employment.

29.—(1) The Board shall, as soon as may be after the coming into operation of this section, cause to be established and maintained a register of young persons (hereafter in this section referred to as “the register”).

(2) Any young person may apply to the Board to be registered in the register.

(3) Any child who will, at the end of a school year cease to be a child for the purposes of this Act may, during that school year, apply to the Board to be registered in the register.

(4) An application under this section shall be in such form and contain such particulars as may be prescribed by the Minister.

(5) The Board shall, as soon as practicable after receiving an application under this section, and after consultation with the child or young person concerned, his or her parents and such other persons as the Board considers appropriate, prepare a plan, for the purpose of assisting that child or young person, as the case may be, to avail of educational and training opportunities, and shall for the purposes of ensuring that such plan will be carried out, give all such other assistance to such child or young person and his or her parents as it considers appropriate.

(6) The Board shall, as soon as may be after it has prepared a plan under subsection (5)—

(a) enter the name of the child or young person concerned, particulars of the plan and such other particulars as the Board considers appropriate, in the register, and

(b) issue a certificate of registration to that child or young person, as the case may be (hereafter in this section referred to as a “certificate”), which shall contain such particulars as the Board considers appropriate.

(7) Where the Board is of the opinion that a young person to whom a certificate has been issued is failing to make all reasonable efforts to carry out the plan prepared for him or her under subsection (5) it may, if satisfied that it would not be in the young person's best interests to continue in employment without also continuing to carry out the plan, withdraw the certificate issued to him or her.

(8) Before withdrawing a certificate under subsection (7) the Board shall, by notice in writing—

(a) inform the young person concerned, his or her parents and his or her employer of its intention to withdraw the certificate issued to him or her, and

(b) invite the young person concerned and his or her parents, within 21 days from the service of the notice, to make representations to the Board concerning the matter,

and the Board shall take into consideration any such representations in making a decision in relation to the matter.

(9) An employer shall not employ a young person on any work unless the young person is the holder of a valid certificate, and the employer shall make and retain a copy of each such certificate.

(10) An employer shall as soon as practicable but in any case not later than one month after the young person concerned has commenced employment with the employer so inform the Board by notice in writing, and the employer shall retain a copy of such notice.

(11) An employer shall, upon a request being made to him or her in that behalf by an educational welfare officer, produce to the educational welfare officer a copy of a certificate or a notice under subsection (10) relating to such young person as may be specified by the educational welfare officer.

(12) A notice under subsection (10) shall contain such other particulars as may be prescribed by the Minister.

(13) Before prescribing anything under this section, the Minister shall—

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

(b) consult such representatives of employers and representatives of employees as the Minister, with the concurrence of the Minister for Enterprise, Trade and Employment, considers appropriate, and

(c) publish in such manner as the Minister thinks fit, notice of his or her intention to so prescribe, and permit, within 21 days of such publication, the making of representations by any person in relation to the proposed regulations.

(14) An employer who contravenes subsection (9) or (10) or who fails or refuses to comply with a request under subsection (11), shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 6 months.

(15) A person guilty of an offence under subsection (14) shall, on each day on which the contravention to which that offence relates is continued by him or her after having been convicted of that offence, be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £200 or to imprisonment for a term not exceeding one month, or to both.

(16) This section does not apply to a young person who—

(a) is registered at a recognised school,

(b) is engaged in, or has completed (having attained such standard as may be prescribed by the Minister), a course of study (within the meaning of the Regional Technical Colleges Act, 1992 ), or

(c) is engaged in or has completed (having attained such standard as may be prescribed by the Minister) a prescribed programme of education, training or instruction prescribed by the Minister.

(17) In this section—

“employee” has the meaning assigned to it by the Act of 1996;

“employer” has the meaning assigned to it by the Act of 1996;

“young person” means a person (other than a child) who is of an age prescribed by the Minister but shall not include a person who has reached the age of 18 years.