S.I. No. 8/1928 - The Children Act, 1908, Adaptation Order, 1928.

STATUTORY RULES AND ORDERS. 1928. No. 8.

THE CHILDREN ACT, 1908, ADAPTATION ORDER, 1928.

WHEREAS it is enacted by section 12 of the Adaptation of Enactments Act, 1922 (No. 2 of 1922), that the Executive Council of Saorstát Eireann may from time to time by order make all such general or specific adaptations of or modifications in any British Statute which in the opinion of the Executive Council are necessary in order to enable such Statute to have full force and effect in Saorstát Eireann :

AND WHEREAS in the opinion of the Executive Council the adaptations and modifications intended to be made by this order of and in the Children Act, 1908 (being a British Statute within the meaning of the said Adaptation of Enactments Act, 1922 ), are necessary in order to enable such Statute to have full force and effect in Saorstát Eireann :

NOW, the Executive Council of Saorstát Eireann, in exercise of the power conferred on them by section 12 of the Adaptation of Enactments Act, 1922 (No. 2 of 1922), and of every and any other power them in this behalf enabling do hereby order as follows :—

1. This Order may be cited for all purposes as the Children Act, 1908, Adaptation Order, 1928.

2. The Interpretation Act, 1889, applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas passed before the 1st day of January, 1924.

3. References to the Secretary of State in each of the sections and sub-sections of the Children Act, 1908, specified in the first column of the Schedule hereto shall be construed as references to the Minister of State whose name is mentioned in the third column of the said Schedule opposite each such section and sub-section respectively, and the said Act shall have effect accordingly.

4. References in the Children Act, 1908, to Orders in Council by His Majesty shall be construed as references to Orders of the Governor-General of the Irish Free State acting on the advice of the Executive Council of the Irish Free State, and the said Act shall have effect accordingly.

5. Sub-section (3) of section 69 and sub-section (1) of section 87 of the Children Act, 1908, shall cease to have effect.

6. Sub-section (5) of section 87 of the Children Act, 1908, shall be construed and have effect as if it provided that the power of prescribing forms to be used for the purposes of Part IV. of the said Act other than for the purpose of legal proceedings thereunder was vested in the Minister for State respectively charged with or concerned in the administration of the particular provisions of the said Part of the said Act in relation to which such forms are required.

7. So much of section 133 of the Children Act, 1908, as is inconsistent with the provisions of this Order shall cease to have effect.

DUBLIN,

This 6th day of March, 1928.

SCHEDULE.

Section and sub-section of Children Act, 1908.		Subject matter of section or sub-section.	Minister for State substituted for the Secretary of State.
(1)		(2)	(3)
Section.	Sub-section.
21	5	Provisions in relation to a child or young person in the care of a person to whose care he is committed under order of the Court.	Minister for Justice.
21	6	Emigration of child or young person.	Minister for Justice.
25	1, 3, 4, and 5.	Visitation of homes.	Minister for Education.
26	—	Power as to habitual drunkards.	Minister for Justice.
45	1 and 2	Certification of reformatory or industrial school.	Minister for Education.
46	1 and 2	Inspection of certified schools.	Minister for Education.
47	—	Withdrawal of certificate from certified school.	Minister for Education.
48	—	Resignation of certificate by manager of certified school.	Minister for Education.
49	—	Effect of withdrawal or resignation of certificate of a certified school.	Minister for Education.
50	—	Disposal of youthful offender or child detained in a school which has ceased to be a certified school.	Minister for Education.
51	—	Auxiliary homes.	Minister for Education.
53	—	Boarding out of child detained in a certified school.	Minister for Education.
54	—	Rules for management and discipline of a certified school.	Minister for Education.
55	—	Addition to or alteration in buildings of a certified school.	Minister for Education.
57	2	Disposal of youthful offender aged fourteen years and upwards by the Court.	Minister for Justice.
58	3 proviso.	Transfer of child from an industrial school to a certified reformatory school.	Minister for Education.
66	2	Religious assistance and instruction to youthful offender or child sent to a certified school.	Minister for Education.
66	2 and 3	Removal or sending of youthful offender or child to a certified school conducted in accordance with the offender's or child's religious persuasion.	Minister for Education.
67	1	Placing out on licence of youthful offender or child detained in a certified school.	Minister for Education.
68	5	Cesser of supervision of youthful offender or child under supervision.	Minister for Education.
69	1 and 2	Discharge of youthful offender or child from a certified school.	Minister for Education.
70	—	Apprenticeship or disposal of youthful offender or child.	Minister for Education.
73	—	State contributions towards expenses of a youthful offender or child detained in a certified school.	Minister for Education.
74	8	Establishment, etc., of a certified school by a local authority.	Minister for Local Government and Public Health.
74	10	Transfer of youthful offender or child from one certified school to another.	Minister for Education
74	11	Contribution towards maintenance of a child sent to a certified industrial school.	Minister for Education.
74	15	Agreement of two or more local education authorities to combine for any of the purposes of section 74.	Minister for Local Government and Public Health.
74	16	Plans for a certified school provided by a local authority.	Minister for Local Government and Public Health.
75	8	Remission of contribution by parent towards maintenance of a youthful offender or a child in a certified school.	Minister for Education
77	1	Certifying school as a day industrial school.	Minister for Education
77	4	Withdrawal of certificate from a certified day industrial school.	Minister for Education
72	2	Hours of detention of child at a certified day industrial school.	Minister for Education
79	—	Reception of child at a certified day industrial school.	Minister for Education
80	—	State contributions towards custody, etc., of children sent to a day industrial school.	Minister for Education
84	—	Sending of youthful offenders conditionally pardoned to a certified reformatory school.	Minister for Justice.
86	—	Advertisement of grant, etc., of certificate to a reformatory or industrial school.	Minister for Education
103	—	Abolition of death sentence in case of child and young person.	Minister for Justice.
104	—	Detention in case of certain crimes committed by children or young persons.	Minister for Justice.
105	1, 2 & 3	Discharge of children and young persons on licence.	Minister for Justice.
109	3	Inspection, etc., of places of detention provided for children or young persons.	Minister for Education
110	2	State contributions towards maintenance of child or young person detained in a place of detention.	Minister for Education