Youth Work Act, 1997

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Youth work functions of education board.

4.—(1) In addition to the functions conferred on it by or under any Act establishing an education board, such education board shall, in so far as it is practicable and within the financial resources available to it—

(a) ensure the provision, within the education region concerned, of youth work programmes or youth work services or both by—

(i) co-ordinating with prescribed national voluntary youth work organisations and designated local voluntary youth work organisations within the education region concerned so as to ensure the provision of youth work programmes and youth work services by such organisations, and

(ii) providing assistance, including financial assistance, to a prescribed national voluntary youth work organisation or a designated local voluntary youth work organisation or both, and the provision of such financial assistance shall be subject to any terms and conditions as the education board may determine,

(b) ensure that in the provision of youth work programmes or youth work services or both under paragraph (a) particular regard is had to the youth work requirements of persons who are aged between 10 and 21 years and are socially or economically disadvantaged, and

(c) monitor and assess, without prejudice to paragraphs (e) and (g) of subsection (1) of section 3 , the youth work programmes or youth work services or both that are in receipt of moneys under this section and in particular shall have regard to an evaluation of the expenditure incurred in the provision of such youth work programmes or youth work services.

(2) An education board may provide a youth work programme or a youth work service in respect of which a resolution under subsection (8) in favour of such provision has been passed by the education board.

(3) Without prejudice to the generality of subsection (l)(a)(i), an education board, in so co-ordinating, shall have regard to—

(a) the treatment of both male and female young persons in relation to access to youth work, and

(b) the number of male and female young persons who are likely to participate in such youth work programmes and youth work services.

(4) Where an organisation in receipt of financial assistance under this section does not comply with—

(a) a term or condition attached under subsection (l)(a)(ii) to such financial assistance, or

(b) a recommendation under subsection (6) of section 3 ,

the education board concerned may, subject to subsections (5) and (6), withdraw or reduce the amount of such financial assistance.

(5) Where an education board proposes to withdraw or reduce the amount of financial assistance provided under this section it shall inform the organisation concerned by notice in writing that—

(a) a withdrawal or reduction is being considered, and

(b) the reasons for the proposed withdrawal or reduction,

and the organisation concerned may, within the next 14 days beginning on the date when such notice is given, or such longer period as the education board may determine, make representations in writing to the education board.

(6) Where an education board, having considered the representations made under subsection (5), decides, by a resolution of such education board, to withdraw or reduce the amount of such financial assistance the education board shall inform the organisation concerned by notice in writing of such withdrawal or reduction and the reasons therefor.

(7) Where an education board considers that a youth work programme or a youth work service is required to be provided within the education region concerned but such youth work programme or youth work service is not so provided by a prescribed national voluntary youth work organisation or a designated local voluntary youth work organisation, the education board shall—

(a) publish a notice, in not less than 2 newspapers circulating within the education region concerned, inviting prescribed national voluntary youth work organisations and designated local voluntary youth work organisations to submit a proposal for the provision of that youth work programme or youth work service specifying—

(i) an estimate of the financial expenditure required for such provision,

(ii) an estimate of the period, where applicable, for which the youth work programme or youth work service is to be provided,

(iii) an estimate of the financial assistance required for the purpose of such provision, and

(iv) any other information as may be required by the education board concerning the provision of the youth work programme or youth work service,

(b) consult with the youth work committee for the education region concerned in relation to the proposals submitted in accordance with paragraph (a), and

(c) prepare a report regarding the suitability of the proposals submitted in accordance with paragraph (a).

(8) Where the education board specifies in a report prepared under paragraph (c) of subsection (7) that the proposals submitted under that subsection are not suitable for the purposes of providing the youth work programme or youth work service concerned, the education board may provide that youth work programme or youth work service if a resolution in favour of such provision is passed by the education board.

(9) An education board that provides a youth work programme or youth work service in accordance with subsections (7) and (8)—

(a) shall not continue to provide that youth work programme or youth work service for a period in excess of 3 years from the date of commencement of such provision unless it is satisfied that a prescribed national voluntary youth work organisation or a designated local voluntary youth work organisation cannot make suitable provision for the youth work programme or youth work service concerned, and

(b) shall, before the end of the second year of such provision, apply the procedure set out in paragraphs (a) to (c) of subsection (7) and in subsection (8) for the purposes of ascertaining whether suitable provision, as referred to in paragraph (a), can be made for that youth work programme or youth work service.