Written answers
Thursday, 17 December 2015
Department of Education and Skills
Commencement of Legislation
Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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584. To ask the Minister for Education and Skills the details of the Acts currently in force for which she has lead responsibility and that have Parts or sections yet to be formally commenced, including the purpose of same, in tabular form; and if she will make a statement on the matter. [46282/15]
Jan O'Sullivan (Limerick City, Labour)
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The information that the Deputy has requested is set out in the following table.
| Act | Sections yet to be commenced | Details |
|---|---|---|
| Teaching Council Act 2001 | Sections 7(2), 39, 41-47, 60, | The provisions which are not yet commenced relate to two areas, fitness to teach and continuing professional development |
| Education (Miscellaneous Provisions) Act 2007 | Sections 1,2,4, 6-8. | Section 1 relates to definitions. Section 2 relates to a textual amendment of a definition contained in the Education Act 1998. Section 4 relates to factors which a Section 29 Committee must consider in hearing and determining appeals relating to expulsions and suspensions. Section 6 relates to powers of the NEWB in taking appeals under Section 29 of the 1998 Education Act. Section 7 deals with the transfer of ownership of the Crawford Municipal Art Gallery. Section 8 is the standard expenses provision. |
| Student Support Act 2011 | Sections 8(3) and 16(5) | Section 8(3) deals with part-time approved courses and Section 16(5) deals with the inclusion of part-time courses in the student grant scheme. |
| Residential Institutions Statutory Fund Act 2012 | Section 43 | Section 43 relates to the setting up of a special account for moneys received under Section 42 of the Act in relation to relevant costs. |
| Education for Persons with Special Educational Needs Act 2004 | Sections 3-13, 14(1)(b), 14(1)(d), 14(1)(e), 14(1)(f), 15-18, 38 and 39 | The sections of the EPSEN Act that have not yet been commenced are those mainly concerned with the assessment of need process, preparation and review of individual education plans and the associated appeals provisions in relation to these areas. A small number of sections refer to interaction between the NCSE and the health services. |
| Teaching Council (Amendment) Act 2015 | Complete Act | The purpose of the Act is to underpin, in statute, the central role of the Teaching Council in the vetting of teachers and to allow, on a statutory basis, the Teaching Council to implement fitness to teach provisions. It is intended to commence these provisions as soon as possible. Certain provisions of the Act are designed to act in tandem with the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 so these provisions will be commenced when that Act is amended and commenced. |
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