Legislation in force Icelandic legislation 15 September 2015 — Edition No 144b

Higher Education Act
2006 No 63 13 June

Entry into force 1 July 2006 Amended by Act No 126/2011 (entry into force 30 September 2011), Act No
67/2012 (entry into force 3 July 2012), and Act No 91/2015 (entry into force 5 August 2015, with the exceptionof Article 1. and Articles 4 to 7 for which the date of entry into force was 1 July 2015).

Any reference in this Act to “the Minister” or “the Ministry” not accompanied by express
mention of or reference to a specific field of responsibility shall be understood as being areference to the Minister of Education, Science and Culture or to the Ministry of Education,
Science and Culture as responsible for the implementation of this Act.

Section I Scope; role of higher education institutions
 Article 1 This Act applies to educational institutions which provide higher education
leading to a degree and which have obtained accreditation …(1) within the meaning of
Article 3.
(1)

Act No 91/2015, Article 10.

 Article 2 A higher education institution is an independent educational institution that
pursues teaching, research, the preservation and search for knowledge, and creative activity inthe fields of science, the humanities, technology or the arts. The role of higher education
institutions is to contribute to the creation and dissemination of knowledge and skills for the
benefit of students and of society in general. The activities of higher education institutions are
aimed at strengthening the fabric of Icelandic society and its position in an international
context[, an endeavour guided by the interest of future generations].(1) Higher education
institutions are centres of knowledge and form part of the international education and science
community.
 Higher education institutions shall provide education to students through teaching andparticipation in scientific research, and prepare them for jobs that require the application of[academic](1) methods, knowledge and skills. [Higher education institutions shall prepare
students for responsible participation in a democratic society.](1) The education provided byhigher education institutions shall take into account the needs of society at each time, and canhave an academic, as well as a professional, focus.
 [Higher education institutions are free to organise their activities and decide on theirarrangement as they see fit.](1)(1)

Act No 67/2012, Article 1.

 [Article 2a Higher education institutions have an obligation to respect the academic
freedom of their staff. Academic freedom entails the right of academic staff to approach thesubjects they teach in a way they consider reasonable and in keeping with academic
requirements. Academic freedom does not affect the responsibility of staff to follow any
general code of conduct or of ethics adopted by the higher education institution concerned.
The choice of research and teaching subjects in individual academic disciplines pursued at ahigher education institution shall be free of the influence of the owners and financial backersof the institution.

 Every higher education institution shall adopt a code of ethics, including rules on the rights
and obligations of staff as referred to in the first paragraph.](1)(1)

Act No 67/2012, Article 2.

Section II Accreditation of higher education institutions
 Article 3 [Higher education institutions may be operated either as government-funded or
as non-profit organisations or may adopt any other recognised corporate form. Public higher
education institutions are independent government-funded organisations operating under theauthority of the Minister unless the superior authority over such an institution rests with adifferent minister according to law. Higher education institutions may not be operated for the
purpose of financial gain.
 Higher education institutions are accredited by the Minister subject to the conditions
stipulated in this Act. The Minister may delegate the task of granting such accreditation to the
Directorate of Education.
 The Minister shall issue rules(1) regarding the accreditation of higher education institutions
based on internationally recognised criteria. The rules shall include the conditions whichhigher education institutions must fulfil in order to qualify for accreditation. The conditions
relate to the following:a. The purpose and aims of the institution;b. Its organisation and structure;c. The organisation of teaching and research;d. Qualification standards for academic staff;
e. Admission criteria and the rights and obligations of students;
f. Working conditions for teachers and students as well as their support structures,
including facilities for handicapped students;
g. The internal quality assurance framework;
h. A description of the studies with reference to the knowledge, skills and competence
required for each qualification;i. Finances.
 The accreditation of higher education institutions is limited to specific academic
disciplines and their sub-disciplines.
 Higher education institutions wishing to obtain accreditation for teaching or research
activities in disciplines other than those for which they are already accredited shall address anapplication to the Minister. The Minister may delegate the task of granting such accreditation
to the Directorate of Education. Higher education institutions may only pursue academic
disciplines which are covered by their accreditation.
 The Minister shall appoint a committee of three independent experts to review applications
for accreditation in individual disciplines. The Minister may delegate the task of appointing
the committee to the Directorate of Education.
 Where a higher education institution intends to discontinue teaching or research activities
in a particular academic discipline, the Ministry or the Directorate of Education, as
appropriate, shall be notified. If, for two consecutive years, a higher education institution has
neither carried out teaching nor research in a discipline covered by its accreditation, theaccreditation for that discipline shall expire.
 The accreditation of a higher education institution serves as a confirmation that theactivities of that institution are consistent with the provisions of this Act and with rules
pursuant to it. The accreditation does not amount to a commitment by public authorities tosupport the institution in question financially. No institution pursuing activities in Iceland
may refer to itself as a higher education institution (Icelandic “háskóli”) unless it has been
accredited by the Minister or the Directorate of Education, as appropriate.

 The Minister shall issue rules on the translation into foreign languages of the names ofaccredited higher education institutions. The Minister may delegate the task of establishingsuch rules to the Directorate of Education.](2)(1)

Rules No 1067/2006. (2)Act No 91/2015, Article 10.

 Article 4 Where a higher education institution accredited under this Act either fails tocomply with its provisions or with rules or conditions based thereupon, or fails to meet therequirements for teaching and research, the [Minister](1) may revoke its accreditation, either
for individual disciplines or entirely. [The Minister may delegate the task of revoking
accreditations pursuant to this Article to the Directorate of Education.](2)(1)

Act No 126/2011, Article 430. (2)Act No 91/2015, Article 10.

 Article 5 [The Minister](1) shall establish a National Qualification Framework(2). The
National Qualification Framework is a systematic description of degrees and diplomas having
a main emphasis on a general description of the knowledge, [skills and competence](3)required for each qualification. The Framework shall specify the conditions to be met byhigher education institutions for each academic level. Higher education institutions shall be
required to publish comparable descriptions of the knowledge, [skills and competence]
required for each qualification. …(3)(1)

Act No 126/2011, Article 430. (2)Notice No 530/2011. (3)Act No 67/2012, Article 4.

Section III Study programmes and degrees
 Article 6 Teaching at higher education institutions shall be organised in courses according
to a credit system. A full-time study programme shall normally consist of 60 credits per
academic year, reflecting all student workload during that time. The completion of higher
education studies shall be followed by the award of a degree or other final qualification when
the student has passed examinations in all required courses and satisfactorily completed all
assigned projects. On graduation, students shall receive a Diploma Supplement.
 Article 7 The arrangements for teaching, research, studies and assessment shall be decided
upon by each higher education institution.
 Higher education institutions shall decide which study programmes to offer in theiracademic disciplines [and sub-disciplines].(1) Recognised degrees and qualifications generally
awarded by higher education institutions are as follows:a. Diploma, corresponding to at least 30–120 standardised credits;b. Bachelor’s degree, corresponding to at least 180–240 standardised credits;c. Master’s or Candidatus degree, corresponding to at least 90–120 standardised credits inaddition to a Bachelor’s degree or its equivalent;
d. Doctoral degree, corresponding to at least 180 standardised credits in addition to thecredits required for the award of a Master’s or Candidatus degree.
 …(1) Higher education institutions may decide to award credits toward the academic levels
referred to in the second paragraph for studies involving practical training.
 [Higher education institutions shall apply to the Minister for authorisation to offer study
programmes leading to a doctoral degree. The Minister may delegate the task of granting such
authorisation to the Directorate of Education. In each case, the higher education institution
concerned must demonstrate that it meets the relevant requirements and conditions set out in
the Rules(2) pertaining to doctoral studies at higher education institutions. The Minister or the
Directorate of Education, as decided by the Minister, shall appoint a committee of three
independent experts to assess the fitness of higher education institutions to award doctoral
degrees.] (3) …(1)(1)

Act No 67/2012, Article 5. (2)Rules No 37/2007. (3)Act No 91/2015, Article 10.

 Article 8 Higher education institutions shall regularly and publicly account for themeasures taken to ensure that the study programmes they offer comply with the National

Qualification Framework referred to in Article 5.
 [When new study programmes are being prepared and organised, higher education
institutions shall provide the Ministry or the Directorate of Education, as further decided by
the Minister, with information on the manner in which those programmes comply with the
National Qualification Framework referred to in Article 5.](1)(1)

Act No 91/2015, Article 10.

 Article 9 Higher education institutions operating under this Act shall agree on the mutual
recognition of study programme[s and their individual] elements.(1) They should cooperate inorder to make the best use of available human and material resources and contributeefficiently to a diverse offer of higher education. Higher education institutions may award
degrees as referred to in Article 7 in the context of collaborative degree programmes operated
in conjunction with other higher education institutions, national or international. [Icelandic
higher education institutions should seek to cooperate in this manner with a view to making
the best use of public funds and strengthening their position internationally.](1)(1)

Act No 67/2012, Article 7.

 Article 10 Higher education institutions may evaluate studies completed at [otheraccredited higher education and research institutions](1) for course credits. Furthermore, higher
education institutions may [in exceptional cases evaluate courses](1) completed at othereducational or research institutions for course credits, provided that they guarantee that suchcourses meet quality and study requirements comparable to those made on the basis of thisAct. [International agreements on the recognition of higher education and qualifications towhich the Icelandic authorities are party must be respected.](1)(1)

Act No 67/2012, Article 8.

Section IV Quality assurance of teaching and research Article 11 Quality assurance of teaching and research at higher education institutions has
the following objectives:a. To ensure that the conditions for the accreditation of higher education institutions aremet;
b. To ensure that the National Qualification Framework is complied with;c. To systematically improve the quality of teaching and research;d. To incite higher education institutions to take greater responsibility for their own
activities;
e. To ensure the international competitiveness of higher education institutions.
 Quality assurance of teaching and research at higher education institutions shall take placeon the basis of both internal evaluations and periodic external evaluations. The [Minister](1)shall adopt rules(2) on quality assurance of teaching and research.
(1)

Act No 126/2011, Article 430. (2)Rules No 321/2009.

 Article 12 Higher education institutions shall carry out systematic quality assurance ofteaching and research on the basis of internal evaluations. Internal evaluations of higher
education institutions and their constituent units shall take place at regular intervals and shallcover policies and objectives, the content of study programmes, teaching, teaching practices,
assessment, research, research outcomes, working conditions, administration and external
relations. Where appropriate, the active participation of staff and students in the internal
quality assurance programmes of higher education institutions shall be ensured.
 Higher education institutions shall publish information pertaining to their internal quality
assurance programmes.
 Article 13 The [Minister](1) shall decide on the timing of external evaluations of the qualityof teaching and research and draw up three-year plans for such evaluations. Where justified,the [Minister](1) may also decide on an ad hoc evaluation of a higher education institution or
its individual units.

 An external evaluation may cover a higher education institution as a whole, individual
scientific or academic disciplines, departments, study programmes, or other specified
elements of the activities of a higher education institution. An external evaluation may also
cover several higher education institutions.
 External evaluations shall be carried out in consultation with the higher education
institution(s) concerned, each institution providing the assistance and information required forthe evaluation. All evaluation reports compiled pursuant this Act shall be publishedaccompanied by a statement on the manner in which the institution concerned intends to
respond to the evaluation results.
(1)

Act No 126/2011, Article 430.

 Article 14 The [Minister](1) may delegate the general [administration](2) of external
evaluations of teaching and research to a committee, an institution, a company or any otherparty, national or international, having the relevant competence. [The Minister may lay down
rules on the arrangement of external evaluations of higher education institutions.](2) External evaluations shall be conducted by an independent party. [Such evaluations shalltake place with the participation of independent experts and a person representing students.](2)(1)

Act No 126/2011, Article 430. (2)Act No 67/2012, Article 9.

Section V Administration of higher education institutions
 Article 15 [The administration of higher education institutions shall be entrusted to a
Governing Council and a Rector as further provided for in an applicable lex specialis or in thecharter, statutes or other foundation document of the institution concerned.(1) The organisationof higher education institutions shall be such as to ensure that students and teachers are
represented on those administrative units responsible for teaching, research and quality issues.
The Rector shall meet the requirements of Article 18, first paragraph, in one or more
recognised academic disciplines pursued at the higher education institution concerned.](2) In other respects, the administration of higher education institutions shall be governed by
an applicable lex specialis or the charter, statutes or other foundation document of theinstitution.
(1)

Rules No 977/2014. (2)Act No 67/2012, Article 10.

 Article 16 [The administration of a higher education institution shall ensure that
representatives of teachers, students and other staff can participate in a consultative forum on
academic issues within the institution, and in the development of academic policies.](1)(1)

Act No 67/2012, Article 11.

Section VI Personnel
 Article 17 The professional titles of teachers at higher education institutions shall be as
follows: prófessor (‘Professor’), dósent (‘Associate Professor’), lektor (‘Assistant Professor’)and aðjunkt (‘Adjunct Lecturer’). The Governing Council may adopt more detailed provisions
on these and other professional titles which it decides to use.
 Article 18 Higher education institutions shall establish an evaluation committee to assess
the qualifications of professors, associate professors, assistant professors and research
specialists. [Persons holding one of these professional titles shall possess knowledge andexperience corresponding to international criteria for the title in question in the relevant
academic discipline, as confirmed by the opinion of the evaluation committee or by a doctoral
degree awarded by a recognised higher education institution.](1) Furthermore, theirprofessional achievements must have led to their recognition in the relevant area of expertise.
 [Only persons holding a doctoral degree awarded by a higher education institution, or who
have attained an equivalent level of knowledge and experience, may be appointed toevaluation committees.](1) Each evaluation committee shall include at least one member who
is not an employee of the higher education institution concerned.

 More detailed provisions on evaluation committees, teaching staff requirements and thequalifications and duties of such staff shall be stated in a lex specialis or in the statutes,
charter or other foundation document of the higher education institution concerned.
(1)

Act No 67/2012, Article 12, read in conjunction with Transitional Provision I of the same Act.

Section VII Students Article 19 Students enrolling at a higher education institution must have passed thematriculation examination from an upper secondary school or an equivalent final
examination. Higher education institutions may accept students who possess an equivalentlevel of maturity and knowledge as assessed by the relevant institution. Higher education
institutions shall ensure that their admission and study requirements correspond at all times tothose of foreign higher education institutions accredited in a similar academic field.
 [The Minister may issue a regulation providing for the coordination of admission
procedures nationally, the processing of applications and the publication of a notice on theapplication deadline for admission to higher education institutions. Prior to issuing theregulation, higher education institutions shall be given an opportunity to submit comments on
its provisions.](1) Higher education institutions may apply special admission criteria, including by requiring
students who meet the criteria of the first paragraph to pass an entrance or assessment
examination.
 Subject to the approval of the [Ministry],(2) higher education institutions may offer
preparatory study programmes for persons who do not meet admission criteria. [The Ministermay issue rules(3) on preparatory study programmes offered by higher education
institutions.](1) After having obtained the opinion of the students’ union of the relevant higher education
institution, its Governing Council shall adopt rules on students’ rights and obligations,
including on available appeal procedures within the institution.
 [Higher education institutions shall make provisions to ensure that teaching and special
pedagogic support is available to students who have a disability within the meaning of
Article 2 of the Act on the affairs of disabled people, No 59/1992, and to students withemotional or social difficulties. The institutions shall provide expert assistance and makeappropriate facilities available as needed. Wherever possible, students with disabilities shallpursue their studies in the same venues as other students. Moreover, higher education
institutions shall strive to provide special support to students with specific learning difficulties
or suffering from an illness.](1)(1)

Act No 67/2012, Article 13. (2)Act No 126/2011, Article 430. (3)Rules No 1266/2013.

 Article 20 The [Minister](1) shall appoint three persons for a period of two years to a boardof appeal to deal with complaints lodged by students at higher education institutions. One
member of the board shall be nominated by the Rectors’ Conference of Higher Education
Institutions, one shall be nominated jointly by student unions, and one shall be appointed aschair without nomination. All board members must meet eligibility requirements for district
court judges. Alternate members shall be appointed in the same way.
 Appeals to the board fall under Section VII of the Administrative Procedures Act. Thus,
the board cannot accept an appeal unless the relevant higher education institution has issued afinal decision on the rights or obligations of the student concerned. However, the student may
request a ruling by the board on whether the procedure followed by the higher education
institution when handling a written complaint is consistent with law and sound administration,in which case the board shall issue an opinion in this regard.
 It shall not be the role of the board of appeal to reassess examination results or the
professional conclusions of teachers, juries or moderators.

 The rulings of the board of appeal are final at the administrative level and are not subject toappeal to the Minister.
 The [Minister](1) may formulate more detailed rules(2) on the work of the board of appeal.
(1)

Act No 126/2011, Article 430. (2)Rules No 1152/2006.

Section VIII Finances Article 21 The [Minister](1) may negotiate agreements for the duration of three to five
years at a time regarding the funding of teaching and research activities at higher education
institutions accredited by the [Ministry](1) pursuant to this Act. The existence of suchagreements is a prerequisite for the provision of funding to the higher education institutions
concerned.
 The agreements shall stipulate the following:a. The [Ministry’s](1) terms and conditions for the provision of funding to the higher
education institution in question;b. The definition of teaching and research activities funded by the Treasury;c. The main focuses of the higher education institution and the common objectives of theparties to the agreement;
d. Other tasks carried out by the higher education institution under the agreement;e. …(2)
 …(2)(1)

Act No 126/2011, Article 430. (2)Act No 67/2012, Article 14.

 Article 22 The [Minister](1) shall lay down rules on the funding provided to higher
education institutions. The rules shall stipulate the study programmes and research activities
eligible for funding, the weighting of different subjects, the scope of research activities, andany other element on the basis of which funding is to be allocated.
 Provisions regarding the authorisation of public higher education institutions operating
under the authority of the [Minister](1) to collect fees shall be stipulated in the applicable lex
specialis.
(1)

Act No 126/2011, Article 430.

 Article 23 Every higher education institution receiving funding from the Treasury shallhold an open annual meeting where the finances of the institution and the main aspects of its
work programme are presented.
Section IX Miscellaneous provisions
 Article 24 [Each higher education institution shall publish an official list of degrees
offered by the institution at each time.](1) Higher education institutions shall publish a course
catalogue for each academic year, including an overview of and information on all creditablecourses available and all degrees awarded by the institution.
(1)

Act No 67/2012, Article 15.

 Article 25 Higher education institutions shall maintain information on the academic
records of their students, current and former. They must also provide access to informationand documents necessary for the purpose of the work of public statistical bodies and the
publication of statistics. [Each higher education institution shall provide the Ministry with any
information or document that it may need access to in relation to its monitoring of theinstitution’s activities and finances. Documents emanating from higher education institutions
are governed by the provisions of the Act on the National Archives of Iceland, No 66/1985, as
amended. Where a higher education institution ceases its activities or is merged with anotherinstitution, its documents shall be transferred to the National Archives.](1)(1)

Act No 67/2012, Article 16.

 Article 26 The rectors of higher education institutions accredited by the [Ministry](1) forma special Rectors’ Conference of Higher Education Institutions. They shall meet regularly anddiscuss matters relating to the activities and interests of the institutions concerned. The
conference shall provide opinions in matters referred to it by the [Minister](1) or by individual
higher education institutions. The conference shall constitute its rules of procedure and submit
them to the [Minister](1) for approval.
(1)

Act No 126/2011, Article 430.

Section X Entry into force etc.
 Article 27 This Act shall enter into force on 1 July 2006. …
 Article 28 …
 Transitional provisions Higher education institutions operating according to an operating
licence issued by the Minister for Education, Science and Culture pursuant to the Higher
Education Act, No 136/1997, as well as the University of Iceland, the University of Akureyri
and the University of Education, each of which currently operates in accordance with a lex
specialis, shall within two years of the entry into force of this Act have attained accreditation
within the meaning of Article 3 in the academic disciplines pursued in each of them.
 The Agricultural Education Act, No 57/1999, shall be reviewed within two years of theentry into force of this Act with a view to coordinating and increasing the cooperation ofhigher education institutions on quality assurance and study programmes.
Disclaimer: This is an English translation. The original Icelandic text, as published in the Law
Gazette (Stjórnartíðindi) is the authoritative text. Should there be discrepancy between this translationand the authoritative text, the latter prevails.