Mother and Baby Institutions Payment Scheme Act 2023
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Amendment of Schedule 1 by Minister | ||
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49. (1) The Minister, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, may, by regulation, provide for the insertion, in column 2 of Part 1, or column 2 of Part 2, of Schedule 1 of any institution which was established for the purpose of providing pregnancy related and infant care services and the placement of children for the purposes of adoption or care arrangements, and in respect of which a public body had a regulatory or inspection function. | ||
(2) Without prejudice to the generality of subsection (1), regulations under that subsection— | ||
(a) shall provide for the insertion in Schedule 1 of the concluding year in respect of the institution being inserted, and | ||
(b) may, in respect of an institution being inserted in Part 1 of Schedule 1 , provide for the insertion of a name in column 3 of that Part. | ||
(3) The Minister, in considering for the purposes of subsection (1) whether an institution should be inserted in Part 1 or Part 2 of Schedule 1, shall have regard to the circumstances experienced by persons resident in the institution, and whether these were comparable to those experienced by persons resident in institutions specified in Part 1 or Part 2 of the Schedule. | ||
(4) The Minister, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, may, by regulation, provide for the substitution of a later year for a year specified in Schedule 1 as the concluding year in respect of a relevant institution, where the Minister is satisfied that relevant persons were resident, in circumstances referred to in paragraph (a) or (b), or both, of the definition of “relevant person” in section 2 (1), in the relevant institution concerned in that later year. | ||
(5) In this section— | ||
“boarded out arrangement” means an arrangement under which a child was placed by a local authority or health board in a foster home at which care of the child was provided in exchange for a fee; | ||
“care arrangement” means— | ||
(a) a nursed out arrangement, | ||
(b) a boarded out arrangement, | ||
(c) an arrangement under which a child was placed with a foster parent— | ||
(i) subject to subparagraph (ii), within the meaning of section 36 (2) of the Child Care Act 1991 , or | ||
(ii) where the arrangement concerned was made before the coming into operation of the provision referred to in subparagraph (i), in accordance with the law in force in the State at the time the arrangement was made, | ||
whether or not the foster parent became the adoptive parent of the child, | ||
(d) an arrangement made under section 36 (1)(d) of the Child Care Act 1991 , under which a child was placed with a relative, or | ||
(e) an arrangement under which a child was placed with a prospective adoptive parent, whether or not the prospective adoptive parent became the adoptive parent of the child; | ||
“nursed out arrangement” means an arrangement— | ||
(a) under which a child was placed in a foster home at which care of the child was provided in exchange for a fee, and | ||
(b) notice of which was required by or under the Children Act 1908 to be given to a local authority. |