Higher Education Authority Act 2022
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: (1) This Act may be cited as the Higher Education Authority Act 2022.
(2) This Act, other than sections 85 , 86 , 87 , 95 , 97 , 98 , 99 , 100 , 101 , 102 , 103 and 105 , shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.
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paragraphs: (1) In this Act—
“Act of 1971” means the National College of Art and Design Act 1971 ;
“Act of 1992” means the Regional Technical Colleges Act 1992 ;
“Act of 1997” means the Universities Act 1997 ;
“Act of 2011” means the Student Support Act 2011 ;
“Act of 2012” means the Qualifications and Quality Assurance (Education and Training) Act 2012 ;
“Act of 2018” means the Technological Universities Act 2018 ;
“An tSeirbhÃ­s” means An tSeirbhÃ­s Oideachais LeanÃºnaigh agus Scileanna;
“An tÃdarÃ¡s” means An tÃdarÃ¡s um Ard-Oideachas established by the Higher Education Authority Act 1971 and continued in being by section 7 ;
“appeals board” has the meaning assigned to it by section 69 (1);
“Board” means the Board of An tÃdarÃ¡s;
“bodies seeking funding” has the meaning assigned to it by section 37 (1);
“Chief Executive Officer”, in relation to An tÃdarÃ¡s, has the meaning assigned to it by section 25 ;
“Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 20161 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);
“designated institution of higher education” has the meaning assigned to it by section 53 (1);
“designation order” has the meaning assigned to it by section 54 (1);
“education and training board” has the meaning assigned to it by the Education and Training Boards Act 2013 ;
“funded body” has the meaning assigned to it by section 37 (1);
“funding framework” has the meaning assigned to it by section 37 (2);
“Gaeltacht Language Planning Area” has the meaning it has in Part 2 of the Gaeltacht Act 2012 ;
“Gaeltacht Service Town” has the meaning it has in Part 2 of the Gaeltacht Act 2012 ;
“governing body”, in relation to a designated institution of higher education or a funded body, means the governing body, authority or board (by whatever name called) that manages and controls the designated institution of higher education or funded body, as the case may be;
“higher education provider” means a person or institution which provides at least one programme of education and training leading to the award of a degree or other qualification which is at least at bachelor degree level and is included within the National Framework of Qualifications;
“information” includes data;
“Irish Language Network” has the meaning it has in Part 2 of the Gaeltacht Act 2012 ;
“Minister” means the Minister for Further and Higher Education, Research, Innovation and Science;
“non-personal data” means data other than personal data;
“personal data” has the meaning it has in the Data Protection Regulation;
“prescribed” means prescribed by regulations made by the Minister under section 3 ;
“priority groups”, in relation to students in higher education or, as may be appropriate, persons who are seeking to become students in higher education, includes persons who are economically or socially disadvantaged, persons who have a disability or persons from sections of society that are under-represented in the student body in higher education;
“processing”, in relation to personal data, has the meaning it has in the Data Protection Regulation;
“representatives of students” shall include officers of a national student union in their capacity as such officers;
“research” means creative and systematic work undertaken in order to increase the stock of knowledge (including knowledge of humankind, culture and society) and to devise new applications of available knowledge;
“revocation order” has the meaning assigned to it by section 59 (1);
“special categories of personal data” has the meaning it has in the Data Protection Act 2018 ;
“student” means a person registered as a student by a higher education provider with that provider;
“student union” means a student union or other student representative body recognised by a higher education provider or by the Minister;
“tertiary education” means further education and training and higher education and research.
(2) In this Act, references to higher education shall include references to research undertaken in the higher education system.
(3) In this Act, references to environmental development and sustainability shall be construed as references to development and actions that meet the needs of the present without compromising the ability of future generations to meet their own needs and, without prejudice to the generality of the foregoing, including actions in respect of social, economic, cultural and environmental development, climate and biodiversity.
1 OJ No. L119,4. 5.2016, p.1
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paragraphs: (1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed.
(2) Without prejudice to any provision of this Act, regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.
(3) An order (other than an order under section 1 (2)) and regulations made under this Act shall be laid before each House of the Oireachtas as soon as may be after the order or regulation is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation, as the case may be, shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
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paragraphs: The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.
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paragraphs: (1) The enactments specified in Part 1 of Schedule 1 are repealed to the extent specified in column (3) of that Part of that Schedule and the enactments specified in Part 2 of that Schedule are revoked to the extent specified in column (3) of that Part of that Schedule.
(2) Notwithstanding the repeal of subsections (2) to (4) of section 4 of the Act of 1997, sections 22 and 23 of the Act of 1997 shall not apply to Trinity College (within the meaning of that Act).
num: 6
paragraphs: (1) A person guilty of an offence under this Act shall be liable, on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both.
(2) Summary proceedings for an offence under this Act may be brought and prosecuted by An tÃdarÃ¡s, including where such an offence is committed by a member of the Board.
num: 7
paragraphs: (1) Notwithstanding the repeal of the Higher Education Authority Act 1971 by section 5 (1)—
(a) the body known as An tÃdarÃ¡s um Ard-Oideachas (in this Act referred to as “An tÃdarÃ¡s”) shall continue in being in accordance with the provisions of this Act, and
(b) anything commenced but not completed by that body before that repeal may be carried on and completed by An tÃdarÃ¡s after that repeal as if that Act had not been repealed.
(2) An tÃdarÃ¡s is a body corporate with perpetual succession and an official seal and shall have the power to sue, and may be sued, in its corporate name and may, with the consent of the Minister and the Minister for Public Expenditure and Reform, acquire, hold and dispose of land, an interest in land or any other property.
(3) The seal of An tÃdarÃ¡s shall be authenticated by—
(a) the signatures of 2 members of the Board, or
(b) the signatures of a member of the Board and a member of the staff of An tÃdarÃ¡s authorised by the Board to act in that behalf.
(4) Judicial notice shall be taken of the seal of An tÃdarÃ¡s and, accordingly, any document—
(a) purporting to be an instrument made by An tÃdarÃ¡s, and
(b) purporting to be sealed with the seal of An tÃdarÃ¡s authenticated in accordance with subsection (3),
shall, unless the contrary is shown, be received in evidence and taken to be such an instrument without further proof.
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paragraphs: (1) An tÃdarÃ¡s shall have regard to the following objects in performing its functions:
(a) to promote the attainment and maintenance of excellence in teaching, learning and research in a high quality higher education system;
(b) to support designated institutions of higher education in contributing to social, economic, cultural and environmental development and sustainability through leadership, innovation and agility and, without prejudice to the generality of the foregoing, such support shall include the promotion and use by those institutions of the Irish language;
(c) to hold designated institutions of higher education to account for their performance and for securing value for money in the use of funding provided under this Act;
(d) to advance equality of opportunity, diversity and inclusion in higher education;
(e) to strengthen engagement with the education system and society generally;
(f) to respect the academic freedom of higher education providers and academic staff in those providers;
(g) to acknowledge the responsibility of designated institutions of higher education for the performance and governance of those institutions.
(2) In furthering these objects, An tÃdarÃ¡s shall provide that, as far as practicable and having regard to resources available, the needs of the student in higher education are a primary consideration.
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paragraphs: (1) The functions of An tÃdarÃ¡s shall be to—
(a) promote the objects of An tÃdarÃ¡s,
(b) promote and support student engagement and student success in higher education and the attainment by students of a high quality educational experience in higher education,
(c) secure and evidence value for money in the expenditure by An tÃdarÃ¡s of moneys provided to it under section 19 ,
(d) plan for higher education provision and make recommendations to the Minister on the overall provision of student places,
(e) plan for research in the higher education system and make recommendations to the Minister on the overall higher education research system,
(f) support the provision of a range of programmes of higher education and training aimed at meeting the educational and skills needs of individuals, business, enterprise, the professions, the community, local interests and other stakeholders locally, regionally and nationally and, without prejudice to the generality of the foregoing, including the educational and skills needs of persons in Gaeltacht Language Planning Areas, Gaeltacht Service Towns and Irish Language Networks, and outside of such Areas, Towns and Networks, with regard to the promotion and use of the Irish language,
(g) facilitate co-operation at a national, regional and local level between designated institutions of higher education and other education providers,
(h) co-operate with designated institutions of higher education, the Qualifications and Quality Assurance Authority of Ireland, An tSeirbhÃ­s, Science Foundation Ireland, Skillnet Ireland, Ministers of the Government and other bodies, as may be appropriate, in relation to the development and provision of higher education and training,
(i) promote, support and fund excellent research in the higher education system in all disciplines in accordance with national research policy and in co-operation, as may be appropriate, with Ministers of the Government, Government agencies and such other bodies as An tÃdarÃ¡s considers appropriate,
(j) provide capital funding and current funding to bodies seeking funding, monitor expenditure by funded bodies and to control or seek a refund of funding in certain circumstances,
(k) measure and assess the performance of designated institutions of higher education with a view to strengthening the performance of the higher education system and the designated institutions of higher education and to ensure their accountability,
(l) support the effective governance of designated institutions of higher education by overseeing appropriate governance frameworks to underpin public confidence in the higher education system and to provide value for money for funding provided and ensure accountability and compliance with those governance frameworks,
(m) assess the performance of funded bodies with regard to securing value for money in the expenditure of funding provided to them by An tÃdarÃ¡s under this Act,
(n) support equality, diversity and inclusion in higher education, including the participation and success of students in priority groups, or persons in such groups seeking to be students, in higher education,
(o) advise the Minister in relation to national policy on higher education in accordance with section 14 , including in relation to the funding required for higher education,
(p) co-operate with An tSeirbhÃ­s with regard to the establishment and operation of an Office called the National Apprenticeship Office whose functions shall be to manage, oversee and develop a system of apprenticeships,
(q) promote co-operation and collaboration with regard to higher education (including with regard to the provision of student places and the enrolment of students) with authorities having responsibility for higher education in Northern Ireland, including the promotion of co-operation between designated institutions of higher education and institutions of higher education in Northern Ireland,
(r) without prejudice to paragraph (q), promote co-operation and collaboration with regard to higher education (including the provision of support and funding for projects and initiatives) with authorities having responsibility for higher education in places outside the State, including the promotion of such coâoperation by designated institutions of higher education with institutions of higher education in places outside the State,
(s) provide a recommendation to the Minister in relation to the proposed acquisition or disposal of land, an interest in land or any other property by a designated institution of higher education, where the consent of the Minister is required for such a transaction,
(t) research any matters relating to the objects and functions of An tÃdarÃ¡s, and
(u) in compliance with Part 6, collect statistical information and maintain an evidence base in order to provide high quality evidence-based policy advice.
(2) An tÃdarÃ¡s shall have all such powers as are necessary or expedient for the performance by it of its functions.
(3) An tÃdarÃ¡s may perform any of its functions through or by any member of the staff of An tÃdarÃ¡s authorised in that behalf by An tÃdarÃ¡s.
(4) An tÃdarÃ¡s may perform any of its functions through or by any other persons authorised in that behalf by An tÃdarÃ¡s.
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paragraphs: (1) An tÃdarÃ¡s may appoint such consultants and advisers as it considers necessary for the performance of its functions.
(2) An tÃdarÃ¡s shall comply with any directions concerning the engagement of consultants and advisers which may from time to time be given to it by the Minister, given with the consent of the Minister for Public Expenditure and Reform.
(3) Any remuneration due to a consultant or adviser shall, having regard to guidelines issued from time to time by the Minister or the Minister for Public Expenditure and Reform, be paid out of moneys at the disposal of An tÃdarÃ¡s.
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paragraphs: (1) The Minister may give a direction in writing to An tÃdarÃ¡s for any purpose relating to this Act and concerning—
(a) any matter or thing referred to in this Act or any other enactment, and
(b) the implementation of any policy or objective of the Minister or the Government.
(2) An tÃdarÃ¡s shall comply with a direction given by the Minister under this section.
(3) An tÃdarÃ¡s shall, within the time specified by the Minister in a direction, inform the Minister of the measures taken by An tÃdarÃ¡s to comply with the direction.
(4) The Minister may, by direction, in writing, amend or revoke a direction under this section (including a direction under this subsection).
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paragraphs: (1) The Minister may issue guidelines in writing to An tÃdarÃ¡s for the purposes of this Act.
(2) Guidelines issued under subsection (1) may relate to—
(a) codes of practice for governance or other such codes that may be issued from time to time by a Minister of the Government,
(b) policy guidance or changes in policy, and
(c) changes in prioritisation of commitments in the corporate plan of An tÃdarÃ¡s under section 20 .
(3) In performing its functions under this Act, An tÃdarÃ¡s shall have regard to any guidelines issued by the Minister under this section.
(4) The Minister may publish guidelines issued by him or her under subsection (1) in such manner as he or she considers appropriate.
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paragraphs: An tÃdarÃ¡s shall provide such reports and information to the Minister in such form and manner and at such times as the Minister may specify on any matter related to the performance of the functions of An tÃdarÃ¡s.
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paragraphs: (1) An tÃdarÃ¡s may provide advice to the Minister on any matter related to the performance of its functions.
(2) An tÃdarÃ¡s shall provide advice, as requested by the Minister, in such form and manner and at such times as the Minister may specify on any matter related to the performance of its functions.
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paragraphs: (1) An tÃdarÃ¡ shall have a Board (in this Act referred to as the “Board”) established under this Act to perform the functions of An tÃdarÃ¡.
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paragraphs: (1) The Board shall consist of the following members:
(a) a chairperson;
(b) 11 ordinary members.
(2) (a) Subject to paragraph (b), the chairperson and the ordinary members of the Board shall be appointed by the Minister from among persons who, in the opinion of the Minister, have sufficient experience and expertise relating to—
(i) matters connected with the functions of An tÃdarÃ¡s to enable them to make a substantial contribution to the effective and efficient performance of those functions, or
(ii) matters connected to education, teaching and learning, research, the promotion and use of the Irish language, organisational and financial governance, management, public administration or risk management.
(b) Not less than one of the persons appointed under paragraph (a) shall be a student or a full-time officer of a national student union, nominated by the national student union.
(3) The Minister, when making appointments to the Board, shall have regard to the objective that not less than 40 per cent of the members of the Board shall be women and not less than 40 per cent of them shall be men.
(4) The chairperson shall hold office for such period, not exceeding 4 years, from the date of his or her appointment as the Minister shall determine.
(5) Subject to subsection (6), an ordinary member shall hold office for such period, not exceeding 4 years, from the date of his or her appointment as the Minister shall determine.
(6) Of the ordinary members of the Board first constituted under this section—
(a) 6 members shall hold office for a period of not more than 2 years from the date of their appointment as such members, and
(b) 5 members shall hold office for a period of not more than 4 years from the date of their appointment as such members.
(7) Subject to subsection (8), a member of the Board whose term of office expires by the effluxion of time shall be eligible for re-appointment to the Board.
(8) A person who is re-appointed to be a member of the Board in accordance with subsection (7) shall not hold office for more than two consecutive terms and, in any event, may not serve as such a member for a period of more than 8 years.
(9) Subject to subsection (10), the persons who held office as members of An tÃdarÃ¡s immediately before the commencement of section 7 shall cease to hold office upon such commencement but shall be eligible to be appointed as members of the Board for a term not exceeding 4 years.
(10) A person referred to in subsection (9) who is appointed as a member of the Board shall not hold office as such a member for more than one term and, in any event, may not serve as such a member and as a member of An tÃdarÃ¡s for a cumulative period of more than 8 years.
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paragraphs: (1) An tÃdarÃ¡s shall, in so far as it is consistent with the proper performance of its functions, endeavour to secure administrative co-operation between An tÃdarÃ¡s and other bodies to which this section applies and, for that purpose, may enter into one or more than one agreement or arrangement (whether in the form of a memorandum of understanding or otherwise) from time to time with one or more of those bodies for the purposes of—
(a) facilitating administrative co-operation between An tÃdarÃ¡s and those bodies in the performance of their respective functions in so far as they relate to the operation and governance of designated institutions of higher education,
(b) ensuring, as far as practicable, consistency between decisions made or measures taken by An tÃdarÃ¡s and those bodies in so far as any part of those decisions or measures consists of, or relates to, a determination of any matter concerning the operation and governance of designated institutions of higher education, or
(c) avoiding duplication of activities by An tÃdarÃ¡s and a body to which this section applies.
(2) The parties to an agreement or arrangement under this section may vary the terms of the agreement or arrangement.
(3) An agreement or arrangement under this section, or any variation of such an agreement or arrangement, shall be in writing.
(4) An agreement or arrangement under this section shall not operate to bind An tÃdarÃ¡s or a body to which this section applies.
(5) An tÃdarÃ¡s shall provide the Minister and any relevant Minister in relation to a body to which this section applies with a copy of each agreement or arrangement under this section and any variation thereof.
(6) (a) An agreement or arrangement under this section shall not operate to require An tÃdarÃ¡s to provide information to any other body to which this section applies if the disclosure of that information by An tÃdarÃ¡s is not permitted by this Act or is prohibited by law.
(b) An agreement or arrangement under this section shall not operate to require a body to which this section applies to provide information to An tÃdarÃ¡s if the disclosure of that information by that body is not permitted by this Act or is prohibited by law.
(7) In this section—
(a) “relevant Minister”, in relation to a body to which this section applies, means any Minister of the Government who performs functions in relation to the body;
(b) a reference to a body to which this section applies means—
(i) the Qualifications and Quality Assurance Authority of Ireland,
(ii) An tSeirbhÃ­s,
(iii) Science Foundation Ireland,
(iv) a body established by or under an enactment in which functions are vested by statute or otherwise relating to purposes connected with the provision of higher education by designated institutions of higher education and that is prescribed by order of the Minister for the purposes of this section.
(8) The Minister may, by order, prescribe a body referred to in subsection (7)(b)(iv) for the purposes of this section.
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paragraphs: (1) An tÃdarÃ¡s may enter into an agreement under section 17 with An tSeirbhÃ­s in relation to the delivery of a system of apprenticeships, having regard to their respective statutory functions.
(2) An agreement under subsection (1) shall provide for the establishment, on an administrative basis, of an Office to be called the National Apprenticeship Office, whose functions shall be to manage, oversee and develop a system of apprenticeships.
(3) The Office referred to in subsection (2) shall have regard to the policies of the Minister in relation to apprenticeships in the performance of the functions assigned to it.
(4) The Minister may, by regulations, prescribe such matters regarding the structure and operation of the Office referred to in subsection (2) as he or she considers necessary or expedient for the proper functioning of that Office.
num: 19
paragraphs: In each financial year, the Minister shall advance to An tÃdarÃ¡s out of moneys provided by the Oireachtas such amount or amounts as the Minister may, with the consent of the Minister for Public Expenditure and Reform, determine for the purposes of expenditure by An tÃdarÃ¡s in the performance of its functions.
num: 20
paragraphs: (1) An tÃdarÃ¡s shall prepare and adopt a corporate plan (in this section referred to as the “corporate plan”) to be submitted to the Minister for approval, with or without amendment, for each ensuing 3-year period.
(2) A corporate plan shall—
(a) include the objectives, outputs and related strategies for higher education of An tÃdarÃ¡s,
(b) include a review and evaluation of the work of An tÃdarÃ¡s in the performance of its functions in the previous 3 years,
(c) be prepared in a form and manner in accordance with any directions given from time to time by the Minister,
(d) be prepared and submitted to the Minister—
(i) in respect of the first corporate plan, not later than 6 months after the commencement of section 7 , and
(ii) in respect of each subsequent corporate plan, not later than 3 months after the expiration of the previous corporate plan,
(e) be in accordance with the strategy for tertiary education under section 33 and the performance framework under section 35 , and
(f) accord with the guidelines, policies and objectives of the Minister and the Government as they relate to the functions of An tÃdarÃ¡s.
(3) When preparing the corporate plan, An tÃdarÃ¡s—
(a) shall consult with the Minister, and
(b) may consult with such other persons or bodies as it considers appropriate.
(4) Within 30 days of receiving a proposed corporate plan, the Minister shall—
(a) approve the proposed plan,
(b) give directions regarding amendments to the proposed plan, or
(c) refuse to approve the proposed plan if it is not amended in accordance with any directions that may have been given by the Minister to An tÃdarÃ¡s.
(5) An approved corporate plan may be amended by—
(a) the Minister at any time, or
(b) An tÃdarÃ¡s, where—
(i) An tÃdarÃ¡s submits a proposed amendment to the Minister for approval, and
(ii) the amendment is approved by the Minister.
(6) Nothing in a corporate plan shall limit An tÃdarÃ¡s in the performance of its functions.
(7) As soon as practicable after approving a corporate plan, the Minister shall cause a copy of the corporate plan to be laid before each House of the Oireachtas.
(8) An tÃdarÃ¡s shall ensure that, as soon as practicable after copies of an approved corporate plan are laid before the Houses of the Oireachtas, the plan is published in such manner as the Minister may specify.
num: 21
paragraphs: (1) An tÃdarÃ¡s shall prepare and submit to the Minister, not later than 28 days following notification of the amount to be advanced to An tÃdarÃ¡s by the Minister under section 19 for the next financial year, an annual plan (in this section referred to as the “annual plan”) relating to the performance of its functions.
(2) An annual plan shall—
(a) outline the proposed activities for An tÃdarÃ¡s for the period to which the annual plan relates and the performance targets relating to those activities,
(b) specify the proposed allocation of the total resources (both financial and persons) of An tÃdarÃ¡s for the period to which the annual plan relates,
(c) specify the monitoring arrangements for the performance targets,
(d) specify the reporting arrangements to the Minister,
(e) specify how An tÃdarÃ¡s shall have regard to its objects under section 8 ,
(f) contain any other information specified by the Minister, and
(g) accord with the guidelines, policies and objectives of the Minister and the Government as they relate to the functions of An tÃdarÃ¡s.
(3) In preparing the annual plan, An tÃdarÃ¡s shall have regard to the corporate plan under section 20 and the strategy for tertiary education under section 33 and any directions given or guidelines issued by the Minister under subsection (4).
(4) The Minister may, from time to time, give directions or issue guidelines to An tÃdarÃ¡s concerning the preparation of the annual plan.
(5) An tÃdarÃ¡s shall implement the annual plan prepared in accordance with subsection (2) unless the Minister, within 30 days of the submission to him or her of the annual plan, directs An tÃdarÃ¡s in writing to amend the annual plan if, in the opinion of the Minister, the annual plan—
(a) does not contain the information required under subsection (2),
(b) does not comply in some other respect with subsection (2), or
(c) has been prepared without sufficient regard to the matters specified in subsection (2) or (3).
(6) When giving a direction to An tÃdarÃ¡s under subsection (5), the Minister shall give his or her reasons in writing for the direction.
(7) An tÃdarÃ¡s shall comply with a direction under subsection (5) within the period, if any, specified in the direction.
(8) An tÃdarÃ¡s may amend an annual plan, in accordance with a direction under subsection (5) and, where it does so, subsections (2) to (7) shall apply, with any necessary modifications, to the preparation of the amended annual plan as they apply to an annual plan prepared under subsection (1).
(9) An tÃdarÃ¡s shall—
(a) inform the Minister of the measures taken with regard to the activities and the performance targets outlined in the annual plan and of the outcome of those measures, and
(b) provide that information at intervals specified by the Minister or, if no such intervals are specified, in the annual report under section 23 .
num: 22
paragraphs: (1) An tÃdarÃ¡s shall keep, in such form as may be approved by the Minister with the consent of the Minister for Public Expenditure and Reform, all proper and usual accounts and records of all moneys received or expended by it.
(2) An tÃdarÃ¡s shall each year submit accounts kept under subsection (1) for audit to the Comptroller and Auditor General to the extent and by such date as he or she may from time to time direct.
(3) Immediately after the audit referred to in subsection (2), An tÃdarÃ¡s shall furnish to the Minister a copy of—
(a) the audited accounts, and
(b) the report of the Comptroller and Auditor General on the accounts.
(4) The Minister shall cause a copy of the audited accounts furnished under this section, and a copy of the report of the Comptroller and Auditor General on those accounts, to be laid before each House of the Oireachtas.
num: 23
paragraphs: (1) An tÃdarÃ¡s shall, not later than the 30th day of June in each year, prepare and submit to the Minister a report in writing (in this section referred to as the “annual report”) of its activities in the immediately preceding year.
(2) The annual report shall include information on the performance of the functions of An tÃdarÃ¡s during the period to which it relates and, subject to section 21 (9), such other information in such form as An tÃdarÃ¡s considers appropriate.
(3) The Minister shall, as soon as may be after receiving the annual report, cause copies of it to be laid before each House of the Oireachtas.
(4) As soon as may be following the copies being laid before each House of the Oireachtas under subsection (3), An tÃdarÃ¡s shall arrange for the annual report to be published in such manner as An tÃdarÃ¡s considers appropriate.
num: 24
paragraphs: (1) An tÃdarÃ¡s may, with the consent of the Minister, accept gifts of money, land or other property upon such trusts and conditions (if any) as may be specified by the donor.
(2) An tÃdarÃ¡s shall not accept a gift if the trusts or conditions attaching to it would be inconsistent with its functions.
num: 25
paragraphs: (1) An tÃdarÃ¡s shall have a chief executive officer (in this Act referred to as the “Chief Executive Officer”).
(2) Subject to subsection (3), the Chief Executive Officer shall be appointed by the Board with the consent of the Minister.
(3) The person who immediately before the commencement of section 7 was the chief executive officer of An tÃdarÃ¡s may continue in office as the Chief Executive Officer of An tÃdarÃ¡s in accordance with the terms and conditions of his or her appointment.
(4) The Chief Executive Officer may be removed or suspended from office by the Board, with the consent of the Minister, for stated reasons.
(5) The Chief Executive Officer shall hold office upon and subject to such terms and conditions (including terms and conditions relating to remuneration, allowances for expenses and superannuation) as may be determined by the Board, subject to the approval of the Minister given with the consent of the Minister for Public Expenditure and Reform.
(6) The Chief Executive Officer shall not hold any other office or employment in respect of which remuneration is payable, or carry on any business, trade or profession, without the consent of the Board.
(7) The Chief Executive Officer shall not be a member of the Board but he or she may, in accordance with procedures specified by the Board, attend meetings of the Board and shall be entitled to speak and give advice at such meetings.
num: 26
paragraphs: (1) The Chief Executive Officer shall carry on and manage, and control generally, the administration and business of An tÃdarÃ¡s and perform such other functions (if any) as may be determined by the Board and, for those purposes, shall have such powers as are necessary or expedient.
(2) The Chief Executive Officer shall perform his or her functions subject to such directions as may be given to him or her from time to time by the Board, and shall be accountable to the Board for the efficient and effective management of An tÃdarÃ¡s and for the due performance of his or her functions.
(3) The Chief Executive Officer may make proposals to the Board on any matter relating to its functions.
(4) The Chief Executive Officer shall provide the members of the Board with such information (including financial information) in relation to the performance of his or her functions as those members may request.
(5) The Board may designate a member of the staff of An tÃdarÃ¡s to perform the functions of the Chief Executive Officer in the absence of the Chief Executive Officer or where the office of the Chief Executive Officer is vacant and a member so designated shall, in such absence or upon such office being vacant, perform those functions.
(6) The Chief Executive Officer may delegate any of his or her functions, other than a function that is subject to a condition specified by the Board that the function shall not be delegated, to a specified member of the staff of An tÃdarÃ¡s, and that member of the staff shall be accountable to the Chief Executive Officer for the performance of the functions so delegated.
(7) The Chief Executive Officer shall, notwithstanding any delegations made by him or her in accordance with subsection (6), at all times remain accountable to the Board for the performance of any functions so delegated.
(8) The Chief Executive Officer may revoke a delegation made in accordance with subsection (6).
num: 27
paragraphs: (1) The Chief Executive Officer shall, whenever required in writing to do so by the Committee of DÃ¡il Ãireann established under the Standing Orders of DÃ¡il Ãireann to examine and report to DÃ¡il Ãireann on the appropriation accounts and reports of the Comptroller and Auditor General, give evidence to that Committee in relation to—
(a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General that An tÃdarÃ¡s is required by this Act to prepare,
(b) the economy and efficiency of An tÃdarÃ¡s in the use of its resources,
(c) the systems, procedures and practices employed by An tÃdarÃ¡s for the purpose of evaluating the effectiveness of its operations, and
(d) any matter affecting An tÃdarÃ¡s referred to in a special report of the Comptroller and Auditor General under section 11 (2) of the Comptroller and Auditor General (Amendment) Act 1993 or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in paragraph (a), (b) or (c)) that is laid before DÃ¡il Ãireann.
(2) In the performance of his or her duties under this section, the Chief Executive Officer shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy.
num: 28
paragraphs: (1) Subject to subsection (2) the Chief Executive Officer shall, at the request in writing of an Oireachtas committee, attend before it to give account for the general administration of An tÃdarÃ¡s.
(2) The Chief Executive Officer shall not be required to give account before an Oireachtas committee for any matter which is, or has been or may be the subject of proceedings before a court or tribunal of inquiry in the State.
(3) Where the Chief Executive Officer is of opinion that a matter in respect of which he or she is requested to give account before an Oireachtas committee is a matter to which subsection (2) applies, he or she shall, as soon as practicable, seek the opinion of the Board thereon.
(4) If the Board is of opinion that the matter concerned is one to which subsection (2) applies, the Chief Executive Officer shall inform the Oireachtas committee of that opinion and the reasons for the opinion and, unless the information is conveyed to the Oireachtas committee at the time the Chief Executive Officer is before it, the information shall be conveyed to the Oireachtas committee in writing.
(5) If the Board is of opinion that the matter concerned is not one to which subsection (2) applies, the Chief Executive Officer shall attend before the Oireachtas committee to give account for the matter.
(6) Where the Chief Executive Officer has informed an Oireachtas Committee of the opinion of the Board in accordance with subsection (4) and the committee does not withdraw the request referred to in subsection (1) in so far as it relates to the matter the subject of that opinion—
(a) the Chief Executive Officer may, not later than 21 days after being informed by the Oireachtas committee of its decision not to do so, apply to the High Court in a summary manner for determination of the question of whether the matter is one to which subsection (2) applies, or
(b) the chairperson of the Oireachtas committee may, on behalf of the Oireachtas committee, make an application,
and the High Court shall determine the matter.
(7) Pending the determination of an application under subsection (6), the Chief Executive Officer shall not attend before the Oireachtas committee to give account for the matter the subject of the application.
(8) If the High Court determines that the matter concerned is one to which subsection (2) applies, the Oireachtas committee shall withdraw the request referred to in subsection (1) but if the High Court determines that subsection (2) does not apply, the Chief Executive Officer shall attend before the Oireachtas committee to give account for the matter.
(9) In the performance of his or her duties under this section, the Chief Executive Officer shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or the merits of the objectives of such a policy.
(10) In this section, “Oireachtas committee” means—
(a) a committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than the Committee referred to in section 27 , the Committee on Members’ Interests of DÃ¡il Ãireann or the Committee on Members’ Interests of Seanad Ãireann), or
(b) a sub-committee of a committee falling under paragraph (a).
num: 29
paragraphs: (1) An tÃdarÃ¡s may, with the approval of the Minister and the consent of the Minister for Public Expenditure and Reform, appoint such and so many persons to be members of the staff of An tÃdarÃ¡s as it may determine.
(2) The staff of An tÃdarÃ¡s shall be employed on such terms and conditions as may be determined by An tÃdarÃ¡s from time to time subject to the consent of the Minister and the Minister for Public Expenditure and Reform.
(3) There shall be paid by An tÃdarÃ¡s to members of its staff such remuneration and allowances for expenses as may be approved from time to time by the Minister, with the consent of the Minister for Public Expenditure and Reform.
(4) Where a member of staff of An tÃdarÃ¡s is—
(a) nominated as a member of Seanad Ãireann,
(b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament, or
num: 30
paragraphs: Notwithstanding the repeal of the Higher Education Authority Act 1971 by section 5 (1), a person who was an officer or servant of An tÃdarÃ¡s appointed under section 14(1) of that Act, immediately before the commencement of section 7 shall be deemed to be a member of the staff of An tÃdarÃ¡s—
(a) as if, on that commencement, An tÃdarÃ¡s had appointed under section 29 (1) the person to be a member of the staff of An tÃdarÃ¡s for the remaining period (if any) that was left to run for the person to hold office as such officer or servant, as the case may be, immediately before that commencement, and
(b) on the same conditions (including those relating to termination of appointment) as the person held office as such officer or servant, as the case may be, immediately before that commencement,
and the other provisions of this Act shall be construed accordingly.
num: 31
paragraphs: (1) Subject to section 48 of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012 , a pensionable public servant who—
(a) is not a member of the Single Public Service Pension Scheme, and
(b) is appointed under section 29 to be a member of the staff of An tÃdarÃ¡s,
shall, on his or her appointment as a member of the staff of An tÃdarÃ¡s, become and be a member of a relevant superannuation scheme in accordance with its terms and conditions.
(2) A person referred to in section 30 who, immediately before the commencement of section 7 , was a member of a relevant superannuation scheme or the Single Public Service Pension Scheme shall, on that commencement, continue to be a member of the scheme concerned in accordance with its terms and conditions.
num: 32
paragraphs: (1) A person shall not disclose confidential information obtained by him or her while performing functions as a member of the staff of, or an adviser or consultant to An tÃdarÃ¡s, or a member of the staff of such an adviser or consultant, unless he or she is authorised by An tÃdarÃ¡s to so do.
(2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable, on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both.
(3) Nothing in this section shall prevent the disclosure of information—
(a) in a report made to An tÃdarÃ¡s,
(b) by or on behalf of An tÃdarÃ¡s to the Minister,
(c) by a member of the Board to the Minister,
(d) by a person in the circumstances referred to in section 35 (2) of the Ethics in Public Office Act 1995 , or
(e) that is a protected disclosure within the meaning of the Protected Disclosures Act 2014 .
(4) In this section “confidential information” includes—
(a) information that is expressed by An tÃdarÃ¡s to be confidential either as regards particular information or as regards information of a particular class or description, and
(b) proposals of a commercial nature or tenders submitted to An tÃdarÃ¡s by contractors, consultants or any other person.
num: 33
paragraphs: (1) The Minister shall prepare a strategy (in this section referred to as a “strategy”) for the provision of tertiary education, which shall identify the objectives and outputs for the further education and training system and the higher education and research system and it shall relate to such period as the Minister considers appropriate, being a period of not more than 10 years.
(2) The first strategy shall be prepared by the Minister as soon as practicable and, in any event, not later than 3 years after the commencement of section 7 .
(3) Not later than 3 months after the expiration of the period to which a strategy relates, the Minister shall prepare another strategy for the immediately following period of not more than 10 years.
(4) The Minister shall, in the preparation of a strategy, have regard to—
(a) any national policies that are relevant to the strategy, including policies relating to social, economic, cultural and environmental development and sustainability and the promotion and use of the Irish language,
(b) the further education and training system and the higher education and research system and how those systems relate to each other,
(c) the anticipated cost of implementing the strategy, and
(d) the availability of resources.
(5) The Minister shall, for the purposes of preparing or amending a strategy, consult with—
(a) the Minister for Education and such other Ministers of the Government as the Minister considers appropriate,
(b) An tÃdarÃ¡s,
(c) An tSeirbhÃ­s,
(d) the Qualifications and Quality Assurance Authority of Ireland,
(e) Science Foundation Ireland,
(f) the National Apprenticeship Office established pursuant to section 18 ,
(g) the designated institutions of higher education or their representative bodies,
(h) institutions providing further education and training or their representative bodies,
(i) representatives of students or students’ unions,
(j) trades unions or staff associations of members of staff of designated institutions of higher education which are recognised by those institutions,
(k) trades unions or staff associations of members of staff of institutions providing further education and training which are recognised by those institutions,
(l) public research funders, and
(m) such other bodies or persons as the Minister considers appropriate.
(6) The Minister shall publish the strategy as soon as practicable after its completion in such manner as the Minister considers appropriate.
(7) A strategy shall be reviewed by the Minister from time to time and it may be amended by the Minister if he or she considers it appropriate so to do.
(8) The Minister shall publish an amended strategy as soon as practicable after the completion of a review under subsection (7) in such manner as the Minister considers appropriate.
num: 34
paragraphs: (1) An tÃdarÃ¡s shall plan for the provision of higher education in the State by maintaining an on-going review of the demand for it.
(2) An tÃdarÃ¡s may, for the purposes of subsection (1), consult with—
(a) the Minister, the Minister for Education and such other Ministers of the Government as An tÃdarÃ¡s considers appropriate,
(b) An tSeirbhÃ­s,
(c) the Qualifications and Quality Assurance Authority of Ireland,
(d) the designated institutions of higher education or their representative bodies,
(e) students’ unions,
(f) trades unions or staff associations of members of staff of designated institutions of higher education which are recognised by those institutions, and
(g) such other bodies or persons as it considers appropriate.
(3) An tÃdarÃ¡s shall, for the purposes of the review required under subsection (1)—
(a) assess and measure the current number and distribution of students in each of the designated institutions of higher education,
(b) assess and measure the current number of students in each discipline,
(c) assess and measure the participation by students in priority groups in higher education, and
(d) assess the demand for higher education at a regional level and at national level and in each discipline having regard to—
(i) the current numbers of students, including the number of students participating at the senior level in post-primary education,
(ii) demographic projections,
(iii) the participation and demand for further education and training,
(iv) issues regarding equality, diversity and the inclusion of students in priority groups, and persons in those groups seeking to become students, in higher education,
(v) the education and skills requirements in the State,
(vi) environmental development and sustainability,
(vii) graduate outcomes,
(viii) emerging needs,
(ix) social, economic and cultural requirements, including the requirements in higher education for the promotion and use of the Irish language of students who are enrolled in primary schools and post-primary schools which provide education through the medium of the Irish language, with particular regard to such schools in or serving Gaeltacht Language Planning Areas, Gaeltacht Service Towns and Irish Language Networks, and
(x) such other matters as it considers appropriate.
(4) An tÃdarÃ¡s shall make recommendations to the Minister as to the overall requirement for student places to be provided within the higher education system, having regard to—
(a) the review under subsection (1),
(b) the strategy for tertiary education under section 33 ,
(c) any policy directions given by the Minister,
(d) the current numbers of students,
(e) demographic projections,
(f) any national policies that are relevant,
(g) issues regarding the equality, diversity and the inclusion of students in priority groups, and persons in those groups seeking to become students, in higher education,
(h) the education and skills requirements in the State,
(i) the participation in and demand for further education and training,
(j) environmental development and sustainability,
(k) graduate outcomes,
(l) emerging needs,
(m) social, economic and cultural requirements, including the requirements in higher education for the promotion and use of the Irish language of students who are enrolled in primary schools and post-primary schools which provide education through the medium of the Irish language, with particular regard to such schools in or serving Gaeltacht Language Planning Areas, Gaeltacht Service Towns and Irish Language Networks, and
(n) any other matters that it considers appropriate.
num: 35
paragraphs: (1) An tÃdarÃ¡s shall, with the approval of the Minister, prepare and establish a performance framework for the higher education and research system (in this section referred to as a “performance framework”) at intervals of not less than once every 5 years and may publish the performance framework in such manner as it considers appropriate.
(2) An tÃdarÃ¡s shall, for the purposes of preparing or amending a performance framework, consult with—
(a) representatives of students of designated institutions of higher education,
(b) designated institutions of higher education or their representative bodies, and
(c) such other body or person as An tÃdarÃ¡s considers appropriate.
(3) A performance framework shall specify the following:
(a) priorities and outcomes at a national level that An tÃdarÃ¡s, following consultation with the Minister, wishes to achieve as respects higher education with the public moneys allocated or to be allocated thereto during the period to which the performance framework relates;
(b) the performance objectives for the higher education providers that are connected to the provision of funding to those providers;
(c) the implementation, monitoring, assessment and reporting processes to be followed and complied with by higher education providers.
(4) An tÃdarÃ¡s shall, in preparing a performance framework, have regard to the following:
(a) the strategy for tertiary education under section 33 , taking account of the diversity of functions, objects and priorities of different higher education providers,
(b) national policy and objectives with regard to higher education and research, and
(c) the matters and outcomes whose implementation is sought to be prioritised.
(5) An tÃdarÃ¡s shall review a performance framework from time to time as it considers appropriate and may, following a review and with the approval of the Minister, amend the performance framework.
(6) An tÃdarÃ¡s shall prepare a report on a regular basis on the performance framework which—
(a) shall include information on the implementation of the performance framework, including the achievement of the objectives contained in it, and
(b) may include information on the performance of an individual relevant body or an individual designated institution of higher education that is not a relevant body (within the meaning of section 36 ).
(7) An tÃdarÃ¡s shall submit the report under subsection (6) to the Minister and may publish the report in such manner as An tÃdarÃ¡s considers appropriate.
num: 36
paragraphs: (1) An tÃdarÃ¡s shall, following engagement with a relevant body, enter into a performance agreement with the relevant body for a period of not more than 5 years.
(2) An tÃdarÃ¡s may, following engagement with a designated institution of higher education that is not a relevant body, enter into a performance agreement with the institution for a period of not more than 5 years.
(3) A performance agreement referred to in subsection (1) or (2) shall be in accordance with the performance framework then in place under section 35 and shall take account of the strategic development plan (if any) of the relevant body or the designated institution of higher education that is not a relevant body, as the case may be, concerned.
(4) A performance agreement with a relevant body under subsection (1), or a designated institution of higher education that is not a relevant body under subsection (2), shall include—
(a) the performance objectives, and
(b) the implementation, monitoring, assessment and reporting processes,
for the relevant body or the designated institution of higher education that is not a relevant body, as the case may be, concerned.
(5) An tÃdarÃ¡s shall, in consultation with a relevant body or a designated institution of higher education that is not a relevant body, review annually the performance agreement with that body under subsection (1) or institution under subsection (2), as the case may be, and agree any amendments of the performance agreement arising from that review with that body or institution, as the case may be.
(6) A relevant body or a designated institution of higher education that is not a relevant body shall report to An tÃdarÃ¡s on a regular basis in accordance with the monitoring, assessment and reporting processes specified in the performance agreement concerned or, as may be appropriate, the performance agreement as amended under subsection (5).
(7) In this section a “relevant body” means a designated institution of higher education referred to in any of subparagraphs (i) to (v) of section 53 (1)(a).
num: 37
paragraphs: (1) An tÃdarÃ¡s may, in accordance with this Chapter, provide funding from moneys provided to An tÃdarÃ¡s under section 19 to all or any of the following bodies or persons (in this Act referred to as “bodies seeking funding”) in such manner, and subject to such conditions, as may be determined by An tÃdarÃ¡s:
(a) a designated institution of higher education;
(b) a higher education provider that is not a designated institution of higher education;
(c) a person who, or a body which, provides support services for higher education;
(d) any other education provider or body which, or any person who, provides services that are consistent with the functions of An tÃdarÃ¡s,
and, if any such institution, provider, person or body seeking funding receives, or has received, funding from An tÃdarÃ¡s, it shall in this Act be referred to as a “funded body”.
(2) An tÃdarÃ¡s shall from time to time, with the approval of the Minister, prepare and establish a framework (in this Act referred to as a “funding framework”) for the allocation of funding to bodies seeking funding in a manner that is consistent with the objects and functions of An tÃdarÃ¡s provided for in this Act and in accordance with any directions given to it by the Minister.
(3) An tÃdarÃ¡s shall, for the purposes of preparing and establishing a funding framework, consult with bodies seeking funding or their representative bodies.
(4) A funding framework shall specify—
(a) the schemes and programmes in respect of which An tÃdarÃ¡s shall allocate funding to bodies seeking funding, and
(b) the criteria, terms and conditions for the allocation of such funding to such bodies.
(5) A funding framework may—
(a) specify different criteria, terms and conditions for the allocation of funding in respect of different schemes and programmes specified therein,
(b) provide that specified schemes and programmes may be availed of only by—
(i) specified designated institutions of higher education,
(ii) specified higher education providers, or
(iii) specified bodies or persons other than institutions and providers referred to in subparagraph (i) or (ii),
(c) provide that specified schemes and programmes may be availed of on the basis of a competitive selection process,
(d) provide for a particular scheme or programme to address specific strategic policy priorities with identified policy outcomes,
(e) provide for the allocation of funding based on specified performance targets and outcomes,
(f) provide for a scheme or programme to increase participation of students in priority groups, and persons in those groups seeking to become students, in higher education, and
(g) provide that funding for a scheme or programme shall be allocated for a specified period.
(6) Nothing in this section shall be taken to mean that a designated institution of higher education, any other higher education provider or any other education provider, body or person shall be allocated funding by An tÃdarÃ¡s in any financial year.
(7) In this section—
“services that are consistent with the functions of An tÃdarÃ¡s” includes services relating to education, further education and training, apprenticeships, research, teaching or the promotion of learning;
“support services for higher education” means services provided by a person or body whose purpose or objects include the promotion, development or support of higher education and which the Minister, following consultation with An tÃdarÃ¡s, specifies as a person or body to which subsection (1)(c) applies.
num: 38
paragraphs: (1) Funding that is provided by An tÃdarÃ¡s to a funded body under section 37 shall be paid in such manner, and subject to such conditions, as the Chief Executive Officer specifies in writing to the body.
(2) The conditions, referred to in subsection (1), that a funded body in receipt of funding under section 37 shall comply with shall be consistent with the objects and functions of An tÃdarÃ¡s provided for in this Act and may include a requirement on the body—
(a) to provide financial and other information to the Chief Executive Officer,
(b) to use the funding in a cost effective and beneficial manner,
(c) to operate according to standards of good governance,
(d) to comply with the guidelines, codes and policies issued by An tÃdarÃ¡s under section 143 ,
(e) to comply on a continuous basis with the funding framework,
(f) to comply with financial requirements,
(g) to comply with this Act and regulations made thereunder, and
(h) to comply with such other conditions as may be determined, with the approval of the Board, by the Chief Executive Officer.
num: 39
paragraphs: The Chief Executive Officer may, for the following purposes, request information from such other bodies as he or she considers appropriate, including but not limited to the Qualifications and Quality Assurance Authority of Ireland, as respects a body seeking funding or a funded body—
(a) in the case of a body seeking funding, to establish whether the body meets the criteria, terms and conditions in the funding framework, and
(b) in the case of a funded body, to ensure that the body continues to comply with the conditions of funding provided for in section 38 .
num: 40
paragraphs: (1) A funded body shall provide to the Chief Executive Officer such information as he or she may require in relation to funding, including—
(a) the expenditure of the funding provided to the body by An tÃdarÃ¡s under section 37 , and
(b) its compliance with the conditions subject to which that funding was provided to it,
in such form and manner, and at such times, as the Chief Executive Officer may require.
(2) If a funded body does not provide to the Chief Executive Officer the information required under subsection (1), the Chief Executive Officer shall request the funded body, by notice in writing, to provide to him or her such information as is specified in the notice and within such period as is specified therein, and the funded body shall comply with any such request.
(3) The Chief Executive Officer shall assess the information provided by a funded body under this section, and any other relevant information in his or her possession, to determine whether the funded body is in compliance with the conditions subject to which the funding was provided to the body.
(4) If the Chief Executive Officer is of opinion, following an assessment under subsection (3), that there are serious deficiencies regarding the continued compliance by the funded body concerned with the conditions subject to which the funding was provided to that body, the Chief Executive Officer shall so inform the body in writing.
(5) The powers of the Chief Executive Officer under this section are without prejudice to his or her powers under sections 64 to 68 .
num: 41
paragraphs: (1) Where the Chief Executive Officer has carried out an assessment under section 40 , he or she may, following consultation with the funded body concerned, issue such directions to that funded body as he or she considers appropriate in writing in relation to its continued compliance with the conditions subject to which funding was provided to the body under section 37 .
(2) Where a direction is issued under subsection (1) to a funded body, the funded body shall comply with the direction.
(3) A funded body issued with a direction under subsection (1) shall provide the Chief Executive Officer with information when requested to do so by the Chief Executive Officer regarding compliance by that body with the direction.
num: 42
paragraphs: (1) Where, following an assessment under section 40 , the Chief Executive Officer considers that—
(a) directions issued by him or her to the funded body concerned under section 41 have not been complied with, or
(b) there are serious deficiencies regarding the continued compliance by the funded body concerned with the conditions subject to which funding was provided to that body under section 37 ,
the Chief Executive Officer may impose remedial or other measures on the funded body in accordance with this section.
(2) The remedial or other measures that the Chief Executive Officer may impose on the funded body concerned under this section may comprise one or more of the following:
(a) the exclusion of that body for a specified period from the provision of some or all categories of funding from An tÃdarÃ¡s under section 37 ;
(b) the application to that body of revised conditions subject to which funding is, or has been, provided;
(c) the controlled release to that body of funding by An tÃdarÃ¡s under section 37 ;
(d) the withholding of funding due to be paid to that body by An tÃdarÃ¡s under section 37 ;
(e) the refund by that body of funding paid to it by An tÃdarÃ¡s under section 37 ;
(f) the appointment by the Chief Executive Officer of a person or persons, or of a body, to provide advice or assistance of a specialist nature to the funded body concerned;
(g) the issuing of guidance to the funded body concerned regarding a particular matter or matters relating to funding;
(h) an admonishment or censure in writing of the funded body concerned, taking into account any professional regulatory requirements or obligations that may be thereby impacted;
(i) the requirement for members of the governing body of the funded body concerned to undertake a course of training on matters related to governance, management or funding;
(j) the requirement for a plan to be put in place by the funded body concerned providing for the rectification or resolution of an issue of concern to the Chief Executive Officer with specified targets to be met and monitoring requirements to ensure the implementation of the plan;
(k) the provision to such other bodies as the Chief Executive Officer considers appropriate, including but not limited to the Qualifications and Quality Assurance Authority of Ireland, of information relating to funding as respects the funded body concerned.
(3) Where the Chief Executive Officer proposes to impose a remedial or other measure he or she shall, by notice in writing to the funded body concerned, inform that body that he or she proposes to impose the remedial or other measure and shall state the reasons for the proposed imposition of the measure concerned.
(4) A notice under subsection (3) shall state that the funded body concerned may make representations to the Chief Executive Officer in relation to the reasons specified therein for the imposition of the remedial or other measure not later than 30 days after the service of the notice on that body.
(5) Where, after consideration of the representations (if any) made to the Chief Executive Officer in accordance with subsection (4), the Chief Executive Officer decides, for the reasons stated in the notice under subsection (3) or otherwise, to impose a remedial or other measure on the funded body concerned, the Chief Executive Officer shall inform, by notice in writing, that body of that decision and of the specified date proposed as the date on which the remedial or other measure shall come into operation (which date shall not be a date earlier than the end of the prescribed period within which an appeal may be brought under subsection (6)).
(6) Where the Chief Executive Officer makes a decision under subsection (5) to impose a remedial or other measure on a funded body, the body may, in accordance with section 69 , appeal against that decision within the prescribed period after the service of the notice under subsection (5).
(7) Unless within the foregoing prescribed period an appeal is brought in accordance with section 69 against the decision of the Chief Executive Officer referred to in subsection (5), the Chief Executive Officer shall impose the remedial or other measure on the funded body concerned to come into operation on the date specified for that purpose in the notice under subsection (5).
(8) The bringing of an appeal by the funded body against a decision of the Chief Executive Officer under subsection (5) to impose a remedial or other measure on the body shall not affect the coming into operation of the measure pending the determination or discontinuance of the appeal, unless the Chief Executive Officer, on application to him or her in that behalf within 7 days after the service of the notice under subsection (5), agrees to stay the operation of the measure concerned pending the determination of the appeal.
(9) Where the Chief Executive Officer refuses an application from a funded body under subsection (8), the funded body may apply to the appeals board established to determine the appeal to have the operation of the remedial or other measure concerned suspended until the determination of the appeal by the appeals board and, on such application, the appeals board may, if it considers it appropriate to do so, grant the application.
num: 43
paragraphs: (1) Notwithstanding the role and responsibility of designated institutions of higher education to engage with the students of their respective institutions, An tÃdarÃ¡s shall, in collaboration with the Qualifications and Quality Assurance Authority of Ireland and representatives of students—
(a) promote formal engagement between students (including students in priority groups and students who are competent to speak the Irish language) of designated institutions of higher education and those institutions, and
(b) encourage designated institutions of higher education in the development of formalised engagement processes with students (including students in priority groups and students who are competent to speak the Irish language) of those institutions,
to identify and address issues of concern in relation to the student experience of such students raised by them.
(2) The formalised engagement processes referred to in subsection (1) may include—
(a) the provision of training for students participating as members of the governing body of a designated institution of higher education in competencies related to how the business of the governing body is conducted, and
(b) a mechanism for the students referred to in paragraph (a) to request such training.
(3) Each designated institution of higher education shall report annually, whether in its annual report or otherwise, to An tÃdarÃ¡s to provide information on—
(a) the engagement processes referred to in subsection (1) developed by it,
(b) the training referred to in subsection (2) provided by it, and
(c) a summary of issues of concern identified by students and representatives of students and how those issues have been or will be addressed by the designated institution of higher education, including as part of the processes referred to in subsection (1) developed by it.
num: 44
paragraphs: (1) An tÃdarÃ¡s shall, from time to time, at a national level, engage with and seek views from representatives of students (including representatives of students in priority groups and representatives of students who are competent to speak the Irish language) regarding issues of relevance at a national level to the experience of students participating in higher education, including matters related to teaching and learning, research, governance and support services for students.
(2) An tÃdarÃ¡s may engage with the Minister, the Qualifications and Quality Assurance Authority of Ireland, higher education providers or such other bodies or persons as it considers appropriate in its engagement with representatives of students under subsection (1).
(3) An tÃdarÃ¡s shall consider the outcome of the engagement provided for in subsection (1) in the performance of its functions.
num: 45
paragraphs: (1) An tÃdarÃ¡s shall undertake, or cause to be undertaken, in co-operation with representatives of students, national representatives of designated institutions of higher education, designated institutions of higher education and the Qualifications and Quality Assurance Authority of Ireland surveys of students which shall—
(a) be undertaken at regular intervals and, in any event, not less frequently than once every 2 years,
(b) be undertaken in respect of undergraduate students and postgraduate students,
(c) collect information for the purpose of documenting student engagement in higher education identifying good practice and any challenges arising,
(d) collect information for the purpose of enhancing student engagement, teaching, learning and assessment at a local level and a national level,
(e) collect information on student opinion on important issues of higher education practice and policy at a local level and a national level, and
(f) collect information on such other matters as may be agreed from time to time by An tÃdarÃ¡s, representatives of students, national representatives of designated institutions of higher education and the Qualifications and Quality Assurance Authority of Ireland, following consultation with the Minister.
(2) An tÃdarÃ¡s shall, in partnership with representatives of students, national representatives of designated institutions of higher education, designated institutions of higher education and the Qualifications and Quality Assurance Authority of Ireland, publish, in such manner as is considered appropriate, a report of the findings of each student survey undertaken in accordance with subsection (1).
(3) The processing of personal data under this section shall be carried out in compliance with the Data Protection Regulation and the Data Protection Act 2018 .
num: 46
paragraphs: (1) An tÃdarÃ¡s shall prepare and submit to the Minister for approval a draft strategic action plan (in this section referred to as a “draft plan”) providing for equity of access to, and participation and the promotion of success in, higher education as soon as practicable and, in any event, not later than one year after the commencement of section 7 , unless directed otherwise by the Minister.
(2) An tÃdarÃ¡s shall, in the preparation of the draft plan have regard to—
(a) any policy directions given by the Minister,
(b) the likely cost of implementing the proposals contained in any such plan, and
(c) the availability of resources.
(3) An tÃdarÃ¡s shall, for the purpose of preparing a draft plan, in addition to consulting with the Minister, consult with—
(a) the Minister for Education and such other Ministers of the Government as it considers appropriate,
(b) An tSeirbhÃ­s,
(c) the Qualifications and Quality Assurance Authority of Ireland,
(d) designated institutions of higher education or their representative bodies,
(e) the members of the staff of designated institutions of higher education or the trades unions or staff associations of those members of staff,
(f) representatives of students,
(g) members of the public, in such manner as it considers appropriate,
(h) such other bodies representing students in priority groups, and persons in those groups seeking to become students, in higher education as it considers appropriate, and
(i) such other body or person as it considers appropriate.
(4) A draft plan may specify—
(a) the categories of students, and persons seeking to become students, in higher education in priority groups,
(b) the ambition for enabling equity of access to, participation and the promotion of success in the higher education system,
(c) the goals, objectives, actions, targets and performance indicators for improving equity of access to, participation and the promotion of success in the higher education system by students in priority groups, and persons in those groups seeking to become students, in higher education,
(d) the body or person responsible for the implementation of any action,
(e) methods of evaluation, stakeholder engagement and progress measurement, and
(f) any policy directions given by the Minister.
(5) The Minister shall, as soon as practicable after the submission to him or her of a draft plan—
(a) approve the draft plan with or without modifications (in this section referred to as the “approved plan”), or
(b) refuse to approve the draft plan and give a direction to An tÃdarÃ¡s to prepare a new draft plan in accordance with subsections (1) to (4).
(6) The approved plan shall be for such period as the Minister considers appropriate, being a period of not more than 7 years, and the Minister may decide to extend the duration of an approved plan following consultation with An tÃdarÃ¡s.
(7) An tÃdarÃ¡s shall publish the approved plan as soon as practicable after its approval by the Minister in such manner as An tÃdarÃ¡s considers appropriate.
(8) An tÃdarÃ¡s shall prepare each subsequent draft plan not later than 3 months after the expiration of the previous approved plan.
(9) A designated institution of higher education shall have regard to the approved plan for the purposes of the preparation of its strategic development plan and its equality statement.
(10) A designated institution of higher education shall report annually, whether in its annual report or otherwise, to An tÃdarÃ¡s on the implementation of the approved plan with regard to that institution, providing particulars of the goals, objectives, targets and performance indicators met and actions taken with regard to the implementation of the plan.
(11) An tÃdarÃ¡s shall, from time to time whenever requested to do so by the Minister, prepare and furnish to the Minister progress reports on the approved plan which—
(a) shall include information on the implementation of the approved plan in the higher education system, and
(b) may include information on the implementation of the approved plan in individual designated institutions of higher education.
(12) An tÃdarÃ¡s shall review an approved plan on not less than one occasion during the period to which the plan relates or, on the written direction of the Minister, and shall, for the purposes of the review, consult with the Minister and such other persons as An tÃdarÃ¡s considers appropriate.
(13) An tÃdarÃ¡s shall inform the Minister of the outcome of a review under subsection (12) and may, arising from the review, make recommendations for amendments to the approved plan.
(14) A designated institution of higher education shall, upon request, provide An tÃdarÃ¡s with such information and assistance as may reasonably be required for the purposes of the review carried out in accordance with subsection (12).
(15) The Minister may, as soon as practicable after the submission to him or her of the outcome of a review of the approved plan under subsection (13) amend the approved plan in accordance with the recommendations made by An tÃdarÃ¡s with or without modifications.
(16) An tÃdarÃ¡s shall publish, in such manner as it considers appropriate, an amended approved plan referred to in subsection (15) as soon as practicable after its amendment by the Minister.
num: 47
paragraphs: (1) Notwithstanding the role and responsibility of designated institutions of higher education for the development and provision of lifelong and flexible learning in their respective institutions, An tÃdarÃ¡s shall promote and support those institutions in the development and provision of lifelong and flexible learning for learners which—
(a) is learner centred,
(b) is at a pace which suits the needs of the learner,
(c) is provided in a mode or at a location suitable to the needs of the learner,
(d) provides flexible ways of entering higher education,
(e) recognises the different needs of different learners,
(f) meets the needs of individuals, business, enterprise, the community, local interests and others at a national level and a regional level,
(g) meets the needs of persons who are competent to speak the Irish language,
(h) promotes well-being, active citizenship, community engagement, inclusion, full participation in society and health in the learner,
(i) meets the skills needs of the economy and society,
(j) improves employment prospects for the learner,
(k) supports all learners to acquire the knowledge and skills needed to promote environmental development and sustainability, and
(l) facilitates the provision of various means of access, transfer and progression for learning.
(2) An tÃdarÃ¡s shall support the implementation by designated institutions of higher education of procedures for access, transfer and progression in relation to learners that have been established in accordance with section 56(2) of the Act of 2012.
num: 48
paragraphs: (1) A designated institution of higher education or a funded body (whether or not also a designated institution of higher education) shall furnish to An tÃdarÃ¡s any non-personal data requested by An tÃdarÃ¡s, in the format so requested, with regard to—
(a) the designated institution of higher education or funded body, as the case may be,
(b) the students attending the designated institution of higher education or funded body, as the case may be, and
(c) the members of the staff of the designated institution of higher education or funded body, as the case may be,
which are required for An tÃdarÃ¡s to perform its functions.
(2) The non-personal data that An tÃdarÃ¡s may request from a designated institution of higher education or a funded body under subsection (1) may include—
(a) financial data,
(b) data regarding the number of members of staff, remuneration of members of staff and other non-personal data relating to members of staff,
(c) data regarding the number of students, student results and achievements and other non-personal data relating to students, and
(d) such other data as may be prescribed in consultation with An tÃdarÃ¡s.
(3) If a designated institution of higher education or a funded body fails or refuses to provide the data requested under subsection (1), An tÃdarÃ¡s may, by notice in writing, direct the designated institution of higher education or funded body, as the case may be, to provide the data within a period specified in the notice.
(4) A designated institution of higher education or a funded body to which a direction under subsection (3) is given shall comply with the direction within the period specified in the notice under that subsection.
(5) An tÃdarÃ¡s may, by notice in writing, amend or revoke a direction under this section.
(6) Subject to the Data Protection Regulation and the Data Protection Act 2018 , An tÃdarÃ¡s may publish the data obtained by it under this section in such form and manner as it considers appropriate.
num: 49
paragraphs: (1) Subject to the Data Protection Regulation and the Data Protection Act 2018 , a designated institution of higher education or a funded body (whether or not also a designated institution of higher education) shall, if so requested by An tÃdarÃ¡s, furnish to it such personal data in the format requested with regard to—
(a) a student of the designated institution of higher education or the funded body, including the name, address (including Eircode), date of birth, student number, Personal Public Service Number (PPSN), grant code for student support, Central Applications Office data, particulars of educational history, ethnicity, disability and socioeconomic status of the student,
(b) a member of the staff of the designated institution of higher education or the funded body, including the Personal Public Service Number (PPSN), gender, particulars regarding salary, disability and ethnicity of the member of the staff, and
(c) such other personal data as may be prescribed in consultation with An tÃdarÃ¡s,
which are necessary and proportionate for An tÃdarÃ¡s to perform its functions under paragraphs (b), (c), (d), (j), (k), (n) and (u) of section 9 (1).
(2) The personal data requested by An tÃdarÃ¡s from a designated institution of higher education or a funded body may include special categories of personal data, subject to suitable and specific measures taken to protect the data, which may include—
(a) limitations on access to the data undergoing processing within An tÃdarÃ¡s in order to prevent unauthorised consultation, alteration, disclosure or erasure of the data,
(b) strict time limits for the erasure of the data and mechanisms to ensure that such time limits are observed,
(c) specific targeted training for those involved in processing operations, and
(d) where possible, the aggregation of the data.
(3) If a designated institution of higher education or a funded body fails or refuses to provide data when requested to do so under subsection (1) or (2), An tÃdarÃ¡s may, by notice in writing, direct the designated institution of higher education or the funded body, as the case may be, to provide the data within a period specified in the notice.
(4) A designated institution of higher education or a funded body to which the direction under subsection (3) is given shall comply with the direction within the period specified in the notice under that subsection.
(5) An tÃdarÃ¡s may, by notice in writing, amend or revoke a direction under this section.
(6) Subject to the Data Protection Regulation and the Data Protection Act 2018 , An tÃdarÃ¡s may publish the data obtained by it under this section in such form and manner as it considers appropriate.
num: 50
paragraphs: (1) An tÃdarÃ¡s may furnish to—
(a) a designated institution of higher education,
(b) a funded body,
(c) a public body, including a Minister of the Government, the Office of the Revenue Commissioners, the Qualifications and Quality Assurance Authority of Ireland, An tSeirbhÃ­s and Science Foundation Ireland, or
(d) such other body as An tÃdarÃ¡s considers appropriate, including the Central Applications Office,
non-personal data which come to its attention in the course of performing its functions, and which relate to one or more functions of the body referred to in any of paragraphs (a) to (d).
(2) The public and other bodies referred to in paragraphs (c) and (d) respectively of subsection (1) may furnish non-personal data which come to their attention in the course of performing their functions to An tÃdarÃ¡s.
num: 51
paragraphs: (1) Subject to the Data Protection Regulation, the Data Protection Act 2018 , the Data Sharing and Governance Act 2019 and subsection (3), An tÃdarÃ¡s may furnish to designated institutions of higher education, a Minister of the Government, the Office of the Revenue Commissioners, the Qualifications and Quality Assurance Authority of Ireland, An tSeirbhÃ­s, Science Foundation Ireland and such other body as An tÃdarÃ¡s considers appropriate, including the Central Applications Office, personal data as is necessary and proportionate which come to its attention in the course of performing its functions, and which relate to one or more of the functions of that body.
(2) Subject to the Data Protection Regulation, the Data Protection Act 2018 , the Data Sharing and Governance Act 2019 and subsection (3), bodies referred to in subsection (1) may furnish personal data which come to their attention in the course of performing their functions to An tÃdarÃ¡s.
(3) The personal data that may be shared under subsections (1) and (2) shall be for the purpose of performing the functions of An tÃdarÃ¡s under paragraphs (b), (c), (d), (j), (k), (n) and (u) of section 9 (1).
num: 52
paragraphs: (1) An tÃdarÃ¡s may conduct studies and research on any issue related to the performance of its functions.
(2) An tÃdarÃ¡s may appoint a person or body or a higher education provider to conduct the study or research on its behalf and may make such payment to the person, body or higher education provider appointed to undertake the study or research as it considers appropriate.
(3) Subject to the Data Protection Regulation and the Data Protection Act 2018 , a designated institution of higher education, a funded body or an education provider shall provide any data requested by An tÃdarÃ¡s or the person, body or higher education provider appointed to undertake the study or research on its behalf, in relation to any study or research undertaken under subsection (1).
(4) A designated institution of higher education, a funded body or an education provider shall co-operate with An tÃdarÃ¡s in relation to any study or research undertaken under subsection (1).
(5) An tÃdarÃ¡s may publish reports of such studies and research conducted under this section in such form and manner as it considers appropriate.
num: 53
paragraphs: (1) Each of the following institutions of higher education shall be a designated institution of higher education for the purposes of this Act (in this Act referred to as a “designated institution of higher education”):
(a) each of the following institutions of higher education shall, by virtue of this section, be regarded as so designated:
(i) an established university;
(ii) an educational institution established as a university under section 9 of the Act of 1997;
(iii) a technological university within the meaning of the Act of 2018;
(iv) a college to which the Institutes of Technology Acts 1992 to 2006 apply;
(v) the National College of Art and Design;
(vi) an education provider which is an authorised provider within the meaning of sections 54 to 57 of the Act of 1997;
(b) such other higher education providers in respect of which a designation order under Chapter 2 of this Part is in force.
(2) In this section, “established university” means—
(a) a constituent university within the meaning of section 3 of the Act of 1997,
(b) Dublin City University established by section 2 of the Dublin City University Act 1989 ,
(c) Trinity College, Dublin, within the meaning of section 3 of the Act of 1997,
(d) the University of Limerick established by section 2 of the University of Limerick Act 1989 .
num: 54
paragraphs: (1) The Minister may by order (in this Act referred to as a “designation order”) designate a higher education provider as a designated institution of higher education in accordance with this section provided that he or she is satisfied that the conditions for such designation prescribed under section 55 are complied with by the higher education provider.
(2) A higher education provider may make an application to An tÃdarÃ¡s for designation as a designated institution of higher education.
(3) An application under subsection (2) shall be in such form and be accompanied by such information as An tÃdarÃ¡s may direct.
(4) An tÃdarÃ¡s may, in respect of an application under subsection (2)—
(a) request by notice in writing to the higher education provider concerned such additional information as it may require for that purpose, and
(b) request from, use and rely on information from such other bodies as An tÃdarÃ¡s considers appropriate, including but not limited to the Qualifications and Quality Assurance Authority of Ireland, as respects the higher education provider concerned.
(5) A higher education provider shall comply with a notice from An tÃdarÃ¡s under subsection (4)(a) and shall provide the information requested by An tÃdarÃ¡s from the provider within such period as may be specified in the notice.
(6) An tÃdarÃ¡s may appoint an advisory panel, that may include national and international experts having a special interest in or expertise in, or knowledge of, matters relating to higher education, and may receive and have regard to advice given by that panel with respect to whether a higher education provider meets the conditions prescribed under section 55 for designation as a designated institution of higher education.
(7) Subject to subsections (2) to (6), An tÃdarÃ¡s shall, from time to time, submit to the Minister in writing—
(a) the names of higher education providers that have applied under this section for designation as designated institutions of higher education and, with respect to each such application, an opinion of An tÃdarÃ¡s on whether the higher education provider concerned meets the conditions prescribed under section 55 for designation as a designated institution of higher education, and
(b) the grounds on which that opinion is based as respects each such provider.
(8) An tÃdarÃ¡s shall provide such further information as the Minister may request in respect of the higher education providers whose names are submitted by it to the Minister under subsection (7).
(9) Subject to subsections (10) to (12), the Minister may, having considered the information provided to him or her under this section and consulted with An tÃdarÃ¡s as respects a higher education provider whose name was submitted to him or her by An tÃdarÃ¡s under subsection (7), decide to make or to refuse to make a designation order in respect of the higher education provider and, where the Minister decides to make such an order, the Minister shall make the order accordingly but only if he or she is satisfied that the conditions prescribed under section 55 are complied with in respect of the higher education provider.
(10) The Minister shall make a decision under subsection (9) within a period of 6 months after the date of the submission by An tÃdarÃ¡s of the name of a higher education provider under subsection (7).
(11) The Minister shall, by notice in writing, inform a higher education provider of the decision of the Minister under subsection (9) as soon as may be after it is made and, where the decision is one to refuse to make a designation order, the notice shall state the reasons for the refusal.
(12) Where the Minister makes a decision under subsection (9) to refuse to make a designation order in respect of a higher education provider, the higher education provider may, in accordance with section 69 , appeal against that decision within the prescribed period after the service of the notice under subsection (11).
num: 55
paragraphs: (1) The Minister shall, as soon as practicable after the commencement of section 7 and following consultation with An tÃdarÃ¡s, prescribe by regulations the conditions to be complied with by a higher education provider before a designation order can be made in respect of such a provider.
(2) The conditions referred to in subsection (1) shall be consistent with the objects and functions of An tÃdarÃ¡s and may include some or all of the following:
(a) that the higher education provider has been established and is operated for the principal purposes of higher education, training and research;
(b) that the higher education provider provides a specified number of programmes of education and training and conducts examinations, which lead to education awards at a specified higher education level that are included within the National Framework of Qualifications;
(c) that the higher education provider has a good track record in relation to performance in the field of education and provides the programmes referred to in paragraph (b) for a prescribed period in the State prior to the date of the name of the provider being submitted to the Minister under section 54 (7);
(d) that the qualifications of the academic staff of the higher education provider are at a sufficiently high level to provide the programmes of education and training which it provides;
(e) that the higher education provider has integrated, coherent and effective governance structures in place concerning academic, administrative, financial and management matters;
(f) that the higher education provider—
(i) has, under section 28 of the Act of 2012, established procedures in writing for quality assurance in relation to which the Qualifications and Quality Assurance Authority of Ireland—
(I) has approved those procedures under the Act of 2012,
(II) has not proposed by notice under section 36(1) of that Act to withdraw that approval, and
(III) has not withdrawn that approval under section 36 of that Act,
or
(ii) if the higher education provider is a linked provider within the meaning of the Act of 2012, has, under section 28 of that Act, established procedures in writing for quality assurance in relation to which a relevant designated awarding body within the meaning of that Act—
(I) has approved those procedures under the Act of 2012,
(II) has not proposed by notice under section 39(1) of that Act to withdraw that approval, and
(III) has not withdrawn that approval under section 39 of that Act;
(g) that the higher education provider is financially viable and has sufficient financial resources available to meet any projected costs and to provide education for a specified period arising from the making of a designation order in respect of it;
(h) such other conditions as may be determined by the Minister in consultation with An tÃdarÃ¡s.
(3) The Minister may prescribe different conditions under subsection (2) for different types of higher education providers.
(4) In this section—
“award” means an award that is included within the National Framework of Qualifications;
“level” means included at the level concerned within the National Framework of Qualifications.
num: 56
paragraphs: (1) Each of the conditions for designation prescribed under section 55 shall be regarded as a continuing condition that shall be complied with as respects a higher education provider subsequent to the making of a designation order in respect of it.
(2) A higher education provider in respect of which a designation order is in force shall, as soon as practicable, inform An tÃdarÃ¡s of any material and significant change of circumstances that arises, or events that occur, which could reasonably affect the capacity of the designated institution of higher education concerned to comply, or to continue to comply, with the conditions for designation prescribed under section 55 .
num: 57
paragraphs: (1) An tÃdarÃ¡s shall, as soon as practicable after the commencement of section 7 , establish procedures for the review by An tÃdarÃ¡s of the activities of higher education providers in respect of which designation orders are in force for the purpose of ascertaining whether each of the continuing conditions for designation referred to in section 56 (1) is being complied with as respects such providers.
(2) An tÃdarÃ¡s shall, in accordance with the procedures established under subsection (1), review the activities of a higher education provider in respect of which a designation order is in force for the purpose referred to in that subsection as respects that provider at the following times:
(a) from time to time at the request of the Minister;
(b) in the event of An tÃdarÃ¡s being informed by that provider under section 56 (2) of a change in its circumstances or the occurrence of an event which could reasonably affect the capacity of that provider to comply, or to continue to comply, with the continuing conditions for designation;
(c) if An tÃdarÃ¡s forms the view that a material change of circumstances or an event may have occurred which could reasonably affect the capacity of that provider to comply, or to continue to comply, with the continuing conditions for designation; or
(d) from time to time as An tÃdarÃ¡s considers appropriate.
(3) Where a review under subsection (2) is being conducted, An tÃdarÃ¡s may, by notice in writing, request the higher education provider concerned to provide to it such information, in relation to the activities of the higher education provider, as is specified in the notice and the higher education provider shall provide that information to An tÃdarÃ¡s within such period as is specified in the notice.
(4) An tÃdarÃ¡s shall prepare a report setting out the outcome of a review under subsection (2).
(5) An tÃdarÃ¡s shall provide a copy of the report prepared under subsection (4) to the higher education provider concerned and the higher education provider may, within one month from the provision of the report to it, submit in writing any observations it has on the report to An tÃdarÃ¡s.
(6) After consideration of any observations submitted to An tÃdarÃ¡s under subsection (5), An tÃdarÃ¡s may make any amendments to the report that An tÃdarÃ¡s considers appropriate.
(7) An tÃdarÃ¡s shall provide a copy of the final report to the higher education provider concerned and may publish the report (including the observations of that higher education provider) in such form and manner as it considers appropriate (including on the internet).
num: 58
paragraphs: (1) Where An tÃdarÃ¡s has carried out a review under section 57 , it may, following consultation with the higher education provider concerned in respect of which a designation order is in force, issue such directions to that higher education provider as it considers appropriate in writing in relation to its continued compliance with the conditions for designation prescribed under section 55 .
(2) Where a direction is issued under subsection (1) to such a higher education provider, the higher education provider shall comply with the direction.
(3) A higher education provider issued with a direction under subsection (1) shall provide An tÃdarÃ¡s with information when requested to do so by An tÃdarÃ¡s regarding compliance by that higher education provider with the direction.
num: 59
paragraphs: (1) Where—
(a) the Minister is satisfied that a higher education provider, in respect of which a designation order is in force, is not complying with the conditions for designation prescribed under section 55 , or
(b) a higher education provider in respect of which a designation order is in force applies under subsection (15) to have that order revoked,
the Minister may, in accordance with this section, make an order revoking the designation order in respect of the higher education provider (in this section referred to as a “revocation order”).
(2) Subject to subsections (3) to (10), if An tÃdarÃ¡s is of opinion that a higher education provider, in respect of which a designation order is in force, is no longer complying with the conditions for designation prescribed under section 55 , An tÃdarÃ¡s shall inform the Minister of that opinion, and the reasons for that opinion, with a view to a revocation order being made by the Minister in respect of that provider.
(3) An tÃdarÃ¡s shall provide such further information as the Minister may request in respect of a higher education provider referred to in subsection (2).
(4) Where, following a review under section 57 , An tÃdarÃ¡s considers that—
(a) directions issued by it under section 58 to a higher education provider in respect of which a designation order is in force have not been complied with, or
(b) whether or not such directions have been issued, there are serious deficiencies in the continued compliance by a higher education provider in respect of which a designation order is in force with the conditions for designation prescribed under section 55 ,
An tÃdarÃ¡s shall consider in accordance with this section whether there are grounds for the making by the Minister of a revocation order in respect of that provider.
(5) An tÃdarÃ¡s may, for the purpose of performing its functions under this section as respects a higher education provider in respect of which a designation order is in force—
(a) request by notice in writing to the provider such information as it may require, and
(b) may request from, use and rely on information provided by such bodies as An tÃdarÃ¡s considers appropriate, including but not limited to the Qualifications and Quality Assurance Authority of Ireland, as respects the provider.
(6) A higher education provider shall comply with a notice from An tÃdarÃ¡s under subsection (5)(a) requesting information from the provider within such period as may be specified in the notice.
(7) An tÃdarÃ¡s may appoint an advisory panel, that may include national and international experts having a special interest in or expertise in, or knowledge of, matters relating to higher education, and may receive and have regard to advice given by that panel with respect to the higher education provider’s continued compliance with the conditions prescribed under section 55 for designation as a designated institution of higher education.
(8) Where An tÃdarÃ¡s is of opinion that a higher education provider, in respect of which a designation order is in force, is not complying with the conditions prescribed under section 55 for designation, it shall, by notice in writing to the higher education provider, inform the provider that An tÃdarÃ¡s proposes to seek to have a revocation order made by the Minister in respect of it and shall state the reasons for its opinion.
(9) A notice under subsection (8) shall state that the higher education provider concerned may make representations to An tÃdarÃ¡s in relation to the reasons for the proposed revocation that are stated in the notice not later than 30 days after the service of the notice on the provider.
(10) Where, after consideration of the representations (if any) made to An tÃdarÃ¡s in accordance with subsection (9), An tÃdarÃ¡s decides, for the reasons stated in the notice under subsection (8), to proceed to seek the making by the Minister of a revocation order in respect of the higher education provider concerned, An tÃdarÃ¡s shall inform the provider by notice in writing of that decision.
(11) Where the Minister is informed by An tÃdarÃ¡s of its decision under subsection (10), the Minister may, having considered the information provided to him or her by An tÃdarÃ¡s under this section (including the representations, if any, made under subsection (9)) and having consulted with An tÃdarÃ¡s as respects the higher education provider concerned, decide to make or to refuse to make a revocation order in respect of that provider and, where the Minister decides to make such an order, the Minister shall, subject to subsection (13), make the order accordingly.
(12) Where the Minister decides under subsection (11) to make a revocation order in respect of a higher education provider, the Minister shall, by notice in writing, inform that provider of that decision as soon as may be after it is made and of the date the Minister proposes to specify in the revocation order as the date on which the order shall come into operation.
(13) Where the Minister makes a decision to make a revocation order in respect of a higher education provider under subsection (11) (other than a case to which subsection (1)(b) applies), the higher education provider may, in accordance with section 69 , appeal against that decision within the prescribed period after the service of the notice under subsection (12).
(14) Unless, within the foregoing period, an appeal in accordance with section 69 against the decision of the Minister referred to in subsection (11), the Minister shall make the revocation order in respect of the higher education provider concerned.
(15) (a) A higher education provider in respect of which a designation order is in force may apply to An tÃdarÃ¡s to have a revocation order made in respect of it.
(b) An tÃdarÃ¡s shall inform the Minister of an application under paragraph (a) and the Minister shall, by notice in writing, inform the provider of his or her intention to make a revocation order and of the date the Minister proposes to specify in the revocation order as the date on which the order shall come into operation.
(c) The Minister shall make a revocation order accordingly in respect of the higher education provider referred to in this subsection.
num: 60
paragraphs: (1) A designated institution of higher education may use the title “designated institution of higher education” to describe itself.
(2) A body which is not a designated institution of higher education shall not use the title “designated institution of higher education” to describe itself.
(3) An tÃdarÃ¡s may apply to the High Court for an injunction to restrain any person from using the title “designated institution of higher education” in contravention of subsection (2).
num: 61
paragraphs: (1) This section applies to a designated institution of higher education referred to in paragraphs (a)(vi) or (b) of section 53 (1).
(2) A designated institution of higher education to which this section applies shall, as soon as practicable after the designation order is made or at a time that is agreed with An tÃdarÃ¡s, prepare a plan (in this section called a “strategic development plan”) for the period specified in the plan, being a period of not more than 5 years from the date the plan is prepared.
(3) A designated institution of higher education to which this section applies shall prepare each subsequent strategic development plan not later than 3 months after the expiration of the period specified in the previous strategic development plan.
(4) A designated institution of higher education to which this section applies shall, for the purpose of preparing a strategic development plan, consult with the following:
(a) the Minister;
(b) such Ministers of the Government as the institution considers appropriate;
(c) An tÃdarÃ¡s;
(d) students or the students’ unions of the institution;
(e) employees of the institution;
(f) the academic council of the institution;
(g) such education and training boards as the institution considers appropriate;
(h) a local authority (within the meaning of the Local Government Act 2001 ) in whose functional area the campus of the institution is located;
(i) such other body or person as the institution considers appropriate.
(5) A strategic development plan shall specify—
(a) the objectives of the designated institution of higher education to which this section applies for the period specified in the plan and the strategies for achieving those objectives,
(b) the purposes for which the institution proposes to use its resources,
(c) how the institution shall comply with any requirements imposed on it under this Act, including requirements in relation to governance and conditions related to funding,
(d) the plans of the institution to provide programmes of education and training and to promote excellent research that meet the needs of individuals, business, enterprise, the professions, the community and other stakeholders in the region in which the institution is located,
(e) the plans of the institution to develop and promote strong social, cultural and Irish language links, and links supporting creativity, between the institution and the community in the region in which the institution is located,
(f) the manner in which the plan relates to any performance agreement in place under section 36 , and
(g) any other requirement specified by An tÃdarÃ¡s.
(6) A strategic development plan prepared by a designated institution of higher education to which this section applies shall be in such form as An tÃdarÃ¡s may direct.
(7) A designated institution of higher education to which this section applies shall provide a copy of the strategic development plan to An tÃdarÃ¡s and shall publish it in such manner as it considers appropriate.
num: 62
paragraphs: (1) This section applies to a designated institution of higher education referred to in paragraph (a)(vi) or (b) of section 53 (1).
(2) A designated institution of higher education to which this section applies shall, as soon as practicable after the designation order is made or at a time agreed with An tÃdarÃ¡s, prepare a statement (in this section referred to as an “equality statement”) for the period specified in the statement, being a period of not more than 5 years from the date the statement is prepared.
(3) A designated institution of higher education to which this section applies shall prepare each subsequent equality statement not later than 3 months after the expiration of the period specified in the previous equality statement.
(4) A designated institution of higher education to which this section applies shall, for the purpose of preparing an equality statement, consult with the following:
(a) the Minister;
(b) such Ministers of the Government as the institution considers appropriate;
(c) An tÃdarÃ¡s;
(d) students or the students’ unions of the institution;
(e) employees of the institution;
(f) the academic council of the institution;
(g) such education and training boards as the institution considers appropriate;
(h) a local authority (within the meaning of the Local Government Act 2001 ) in whose functional area the campus of the institution is located;
(i) such other body or person as the institution considers appropriate.
(5) An equality statement of a designated institution of higher education to which this section applies shall specify—
(a) the policy of the institution for enabling access to it, and the education it provides, by students in priority groups and persons in those groups seeking to become students,
(b) the policy of the institution relating to equality, including gender equality, in all activities of the institution, and
(c) the manner in which the plan relates to any strategic development plan under section 61 , and any performance agreement in place under section 36 , in relation to the institution.
(6) A designated institution of higher education to which this section applies shall implement the policies set out in the equality statement prepared by it under this section.
(7) A designated institution of higher education to which this section applies shall provide a copy of the equality statement to An tÃdarÃ¡s and shall publish it in such manner as it considers appropriate.
num: 63
paragraphs: (1) This section applies to—
(a) a designated institution of higher education referred to in paragraph (a)(vi) or (b) of section 53 (1), or
(b) a higher education provider which is not a designated institution of higher education that receives, or has received, funding from An tÃdarÃ¡s under section 37 .
(2) A designated institution of higher education or a higher education provider to which this section applies shall keep, in such form as An tÃdarÃ¡s may approve, all proper and usual accounts and records of all moneys received or expended by it, including an income and expenditure account and a balance sheet and such special accounts as An tÃdarÃ¡s may from time to time direct.
(3) A designated institution of higher education or a higher education provider to which this section applies shall submit accounts kept under subsection (2) for audit to an auditor to the extent and by such date as An tÃdarÃ¡s may from time to time direct.
(4) Immediately after the audit referred to in subsection (3), the designated institution of higher education or the higher education provider to which this section applies shall furnish to An tÃdarÃ¡s a copy of—
(a) the accounts, and
(b) the report of the auditor on the accounts.
(5) Immediately after the audit referred to in subsection (3), the designated institution of higher education or the higher education provider to which this section applies concerned shall publish the accounts and the report of the auditor on the accounts.
num: 64
paragraphs: (1) The Chief Executive Officer may, if he or she is of opinion that there are significant concerns regarding the governance of a designated institution of higher education or the performance by such an institution of its functions or compliance by it with its obligations including, but not limited to, compliance with any guidelines, codes or policies issued under section 143 , request the governing body of the institution in writing to undertake a review in accordance with this section.
(2) The Chief Executive Officer shall specify in a request under subsection (1) the matter to be reviewed and the reasons for the review.
(3) The governing body of a designated institution of higher education concerned shall—
(a) arrange for a review of the matter specified in a request under subsection (1), and
(b) prepare and submit a report on that matter to the Chief Executive Officer.
(4) The governing body of a designated institution of higher education concerned shall prepare and submit a report on the matter to the Chief Executive Officer not later than 60 days after the request under subsection (1) is made and that period may, with the approval of the Chief Executive Officer, be extended by a period of not more than 30 days.
(5) The Chief Executive Officer may, following consideration of a report received by him or her under subsection (4)—
(a) determine that no further action is required, or
(b) make a determination in accordance with section 65 .
(6) The Chief Executive Officer shall provide a copy of a report received by him or her under subsection (4) to the Minister.
(7) The Chief Executive Officer may, with the approval of the Board, publish a report received by him or her under subsection (4) in such form and manner as the Board considers appropriate.
num: 65
paragraphs: (1) The Chief Executive Officer may, in relation to a matter that is the subject of a request under section 64 (1), make a determination under subsection (3) for action to be taken by him or her in relation to the designated institution of higher education concerned if, following the request, the designated institution of higher education concerned does not undertake a review or prepare and submit a report to the Chief Executive Officer, or both, in accordance with section 64 .
(2) If, following the receipt and consideration of a report under section 64 prepared and submitted by the designated institution of higher education concerned, the Chief Executive Officer is not satisfied that his or her concerns about the governance of the institution or the performance by it of its functions or compliance by it with its obligations have been adequately addressed and resolved, the Chief Executive Officer may make a determination under subsection (3) for action to be taken by him or her in relation to that institution.
(3) The Chief Executive Officer may make a determination in writing to take all or any of the following actions as respects the designated institution of higher education concerned in order to address his or her concerns referred to in section 64 (1) in relation to that institution and, where appropriate, more than one action may be taken at any one time:
(a) the imposition of remedial measures as respects the institution concerned in accordance with section 66 ;
(b) the provision of information to such bodies as the Chief Executive Officer considers appropriate, as respects the institution concerned, in accordance with section 67 ;
(c) the undertaking of a review of a matter concerning the institution concerned in accordance with section 68 .
(4) A determination by the Chief Executive Officer under paragraph (a) or (c) of subsection (3) may be appealed by the designated institution of higher education concerned in accordance with section 69 within the prescribed period after the service of a notice on that institution under section 66 (2) or 68 (2), as the case may be.
(5) The Chief Executive Officer may publish a determination under subsection (3) in such form or manner as he or she considers appropriate.
(6) The bringing of an appeal by a designated institution of higher education against a determination of the Chief Executive Officer under subsection (3) to impose a remedial or other measure on the institution shall not affect the coming into operation of the measure pending the determination or discontinuance of the appeal, unless the Chief Executive Officer, on application to him or her in that behalf within 7 days after the service of a notice under section 66 (2), agrees to stay the operation of the measure concerned pending the determination of the appeal.
(7) Where the Chief Executive Officer refuses an application from a designated institution of higher education under subsection (6), the institution may apply to the appeals board established to determine the appeal to have the operation of the remedial or other measure concerned suspended until the determination of the appeal by the appeals board and, on such application, the appeals board may, if it considers it appropriate to do so, grant the application.
(8) The bringing of an appeal by a designated institution of higher education against a determination of the Chief Executive Officer under paragraph (c) of subsection (3) shall have the effect of staying the operation of the determination until the appeal is determined or discontinued.
num: 66
paragraphs: (1) The Chief Executive Officer may impose on a designated institution of higher education a requirement to take a remedial or other measure or measures in accordance with this section if he or she makes a determination to do so under section 65 (3)(a).
(2) The Chief Executive Officer shall inform the designated institution of higher education concerned by notice in writing of the type of remedial or other measure or measures required to be taken by the institution under this section and the period for which that measure or those remedial measures is or are to be taken.
(3) Subject to subsection (4), the remedial or other measures that the Chief Executive Officer may impose on a designated institution of higher education under this section may comprise any one or more of the following:
(a) an admonishment or censure in writing of the institution, taking into account any professional regulatory requirements or obligations that may be thereby impacted;
(b) the requirement for members of the governing body of the institution or members of its staff to undertake a course of training on matters related to governance;
(c) the requirement for a plan to be put in place by the institution providing for the rectification or resolution of an issue of concern to the Chief Executive Officer with specified targets to be met and monitoring requirements to ensure the implementation of the plan;
(d) the review of the strategic development plan of the institution;
(e) the temporary exclusion of the institution from particular categories of funding payable by An tÃdarÃ¡s;
(f) the application to the institution of revised conditions of funding;
(g) the controlled release of funding by An tÃdarÃ¡s to the institution;
(h) the withholding by An tÃdarÃ¡s of funding due to be paid to the institution;
(i) the refund by the institution of funding paid by An tÃdarÃ¡s to it.
(4) The approval of the Board shall be required before a remedial or other measure referred to in paragraph (a), (b) or (d) of subsection (3) may be imposed on a designated institution of higher education.
(5) The Chief Executive Officer shall, upon the expiry of the period specified under subsection (2) for the taking by the designated institution of higher education concerned of a remedial or other measure or measures, review the matter concerned related to that institution and may, following such review—
(a) determine that no further remedial or other measure or measures under this section is or are required to be taken by the institution,
(b) extend for such period as he or she considers appropriate and is specified in writing the requirement under this section for a remedial or other measure or measures to be taken by the institution,
(c) provide for the payment to the institution of funding that is withheld by An tÃdarÃ¡s under subsection (3)(h), or
(d) determine that a different type of remedial or other measure or measures ought to be taken by the institution under subsection (3).
num: 67
paragraphs: (1) The Chief Executive Officer shall, if a determination is made by him or her under section 65 (3)(b), furnish to—
(a) the Qualifications and Quality Assurance Authority of Ireland, information on any issue concerning a designated institution of higher education relating to the performance by that Authority of any one or more of its functions specified in subsection (2) as respects that institution, and
(b) such other bodies as the Chief Executive Officer considers appropriate, information on any issue concerning a designated institution of higher education relating to the performance by that body of its functions as respects that institution.
(2) The functions of the Qualifications and Quality Assurance Authority of Ireland referred to in subsection (1) are those provided for in sections 29A, 29B, 29C, 34, 42, 46, 54, 55G, 57, 61, 63 and 65 of the Act of 2012.
num: 68
paragraphs: (1) The Chief Executive Officer, with the approval of the Board, may appoint a person (in this section referred to as a “reviewer”) to carry out a review in accordance with this section into any matter specified in writing by An tÃdarÃ¡s concerning a designated institution of higher education if he or she makes a determination to do so under section 65 (3)(c).
(2) The Chief Executive Officer shall inform the governing body of the designated institution of higher education concerned by notice in writing of the appointment of a reviewer under subsection (1) and the matter to be reviewed.
(3) The members of the governing body, and the employees, of the designated institution of higher education concerned shall comply with a request from a reviewer to provide him or her with such information and assistance as the reviewer may reasonably require for the purposes of the review.
(4) As soon as practicable after the review, a reviewer shall prepare a draft of the report on the review that he or she proposes to furnish to An tÃdarÃ¡s (in this section referred to as the “draft report”).
(5) A reviewer shall furnish the draft report to An tÃdarÃ¡s and the governing body of the designated institution of higher education concerned and may furnish the draft report, or a part of the draft report, to any other person he or she considers necessary and shall give notice in writing to An tÃdarÃ¡s, the governing body and that other person, that they may make representations to the reviewer concerning the draft report or, as the case may be, a part of the draft report, not later than 28 days after it is furnished to them.
(6) As soon as practicable after the expiration of the later of the periods of 28 days referred to in subsection (5) and having considered any representations made pursuant to that subsection, the reviewer may amend the draft report and shall furnish the final report on the review to An tÃdarÃ¡s (in this section referred to as the “final report”).
(7) An tÃdarÃ¡s shall furnish the final report to the Minister.
(8) An tÃdarÃ¡s may publish the final report in such form and manner as it considers appropriate.
(9) An tÃdarÃ¡s shall consider the final report and, following that consideration, the Chief Executive Officer may make a determination in accordance with section 65 (3) as respects the designated institution of higher education concerned.
num: 69
paragraphs: (1) The Minister shall, within 28 days or such other period as may be prescribed after the receipt of a notice of appeal under section 42 (6), 54 (12), 59 (13) or 65 (4), establish an appeals board (in this Act referred to as an “appeals board”) comprised of 3 members, one of whom shall be its chairperson along with 2 ordinary members, for the purposes of determining the appeal.
(2) Subject to subsection (9), the Minister shall appoint—
(a) two persons having a special interest in or expertise in, or knowledge of, matters relating to higher education or the functions of An tÃdarÃ¡s (other than members of the Board or members of the staff of An tÃdarÃ¡s or officers of the Minister), and
(b) one person who is a practising solicitor, or a practising barrister, having not less than 10 years’ experience as such (other than a solicitor or barrister in the full-time service of the State),
as the members of an appeals board.
(3) The Minister shall appoint a chairperson of an appeals board from among the members of the appeals board.
(4) A member of an appeals board is entitled to be paid such fees and allowances for expenses as the Minister, with the consent of the Minister for Public Expenditure and Reform, determines.
(5) The Minister shall furnish such support of an administrative nature to an appeals board as the Minister in his or her opinion determines necessary to enable the board to perform its functions.
(6) A member of an appeals board may at any time resign as such a member by giving notice in writing to the Minister of his or her resignation.
(7) A resignation under subsection (6) shall take effect on the day on which the Minister receives the notice.
(8) The Minister may at any time remove a member of an appeals board if, in the opinion of the Minister—
(a) the member has become incapable through ill-health of effectively performing his or her functions,
(b) the member has committed stated misbehaviour, or
(c) the removal of the member appears to the Minister to be necessary for the effective performance by the appeals board of its functions.
(9) A person shall not be appointed to be a member of an appeals board, and he or she shall cease to be a member of an appeals board, if he or she—
(a) is adjudicated bankrupt,
(b) makes a composition or arrangement with creditors,
(c) is sentenced by a court of competent jurisdiction to a term of imprisonment,
(d) is convicted of any indictable offence in relation to a company,
(e) is convicted of an offence involving fraud or dishonesty, or
(f) is, or is deemed to be, the subject of an order under section 160 of the Companies Act 1990 or a disqualification order within the meaning of Chapter 4 of Part 14 of the Companies Act 2014 .
num: 70
paragraphs: (1) An appeal—
(a) shall be lodged with the Minister within the time, and in accordance with the procedures, prescribed under section 71 , and
(b) shall state the grounds for the appeal.
(2) Subject to this Act and any regulations under section 71 , the chairperson of an appeals board shall regulate the procedures of the board.
(3) An appeals board may refuse to hear an appeal where, in the opinion of the appeals board, the appeal lodged is not made in good faith or is frivolous or vexatious.
(4) An appeals board may require any person to provide information which it may reasonably require for the purposes of conducting and determining an appeal.
(5) An appeals board may, if it considers it necessary for the purposes of determining an appeal, hold a hearing.
(6) Each of the parties to an appeal is entitled to be heard at the hearing and to present evidence to the appeals board.
(7) An appeals board may adjourn the hearing by it of a matter until a date specified by it.
(8) A decision by a majority of the members of an appeals board shall suffice for any purpose.
(9) In determining an appeal, an appeals board may—
(a) affirm the decision of the Chief Executive Officer or the Minister, as the case may be, or
(b) where it is satisfied that a serious or significant error or a series of errors was made in making the decision the subject of the appeal or that the decision was made without complying with fair procedures, quash the decision and remit it, for stated reasons, to the Chief Executive Officer or the Minister, as may be appropriate.
(10) An appeals board shall communicate its determination under subsection (9), including the reasons under paragraph (b) of that subsection, to the person who or the body which brought the appeal concerned and the Chief Executive Officer and the Minister as soon as practicable after it is made.
(11) In the case of a determination under subsection (9)(b), the Chief Executive Officer or the Minister, as may be appropriate, shall reconsider his or her decision.
(12) An appeals board shall be independent in the performance of its functions.
num: 71
paragraphs: (1) As soon as practicable after the commencement of section 7 and following consultation with An tÃdarÃ¡s, the Minister shall prescribe procedures for the conduct and determination of appeals under this Act.
(2) Different procedures may be prescribed under subsection (1) for appeals under different provisions of this Act.
(3) Without prejudice to the generality of subsection (1), regulations under this section may provide for all or any of the following:
(a) the form and manner to be used for bringing an appeal under this Act;
(b) the time within which an appeal shall be brought after the date of the decision of the Chief Executive Officer or the Minister, as the case may be, that is being appealed;
(c) the fees (if any) to accompany a notice of appeal and the circumstances in which such fees may be refunded, in whole or in part;
(d) the period within which the Minister shall establish an appeals board after the receipt of a notice of appeal;
(e) the information and documents which shall be provided to the appeals board and the manner in which they shall be so provided;
(f) the procedures to be followed regarding the making of submissions to an appeals board and their form;
(g) the time within which an appeal shall be determined.
num: 72
paragraphs: Section 4(1) of the Act of 1997 is amended by—
(a) the deletion of “but subject to subsection (2),”, and
(b) the substitution of “while they are designated institutions of higher education and are funded bodies in accordance with the Higher Education Authority Act 2022” for “while they are institutions of higher education in receipt of moneys in accordance with the Higher Education Authority Act 1971 ”.
num: 73
paragraphs: The Act of 1997 is amended by the substitution of the following section for section 16:
“16. (1) Subject to this Part, a governing authority, other than in the case of Trinity College to which section 16A applies, shall consist of 19 members as determined in accordance with this Chapter.
(2) The members of a governing authority shall be—
(a) the chairperson, who shall be an external member, appointed by the governing authority,
(b) nine external members (other than the chairperson), appointed by the governing authority,
(c) the chief officer,
(d) five internal members (other than the chief officer) appointed by the governing authority, and
(e) three student union representatives appointed by the governing authority.
(3) The internal members of a governing authority shall be elected or selected for appointment as such internal members in accordance with regulations made under subsection (6).
(4) Subject to subsection (5), with regard to the appointment of external members of a governing authority—
(a) three such members shall be nominated by the Minister, and
(b) seven such members shall be appointed by the governing authority in accordance with a process for such appointments that is determined by the governing authority and approved by the Minister.
(5) Before a person is nominated for appointment or appointed, as may be appropriate, as an external member of a governing authority of a university, the Minister or the governing authority of the university, as the case may be, shall be satisfied that the person is suitable for appointment as such an external member by reason of his or her possessing knowledge of, and experience in, matters connected with the objects and functions of the university to enable him or her to make a substantial contribution to the effective and efficient performance of those functions.
(6) A governing authority shall, with the approval of the Minister, make such regulations relating to the selection, election, nomination or appointment of members of the governing authority as it thinks fit, and their selection, election, nomination or appointment shall be carried out in accordance with those regulations.
(7) In performing functions under this section, the Minister and a governing authority shall have regard to the objectives that—
(a) not less than 40 per cent of the members of the governing authority shall be women and not less than 40 per cent of them shall be men, and
(b) the membership of the governing authority shall broadly reflect the composition of Irish society, including persons who are competent in the Irish language.
(8) In this section and in sections 16A, 17 and 23A—
‘external member’, in relation to a governing authority, means a member of the governing authority other than an internal member or a student member thereof;
‘internal member’, in relation to a governing authority, means a member of the governing authority who is a member of the academic council of the university, an employee of the university or a person who is remunerated under a contract with the university and, in the case of Trinity College, including fellows of Trinity College;
‘student member’, in relation to a governing authority, means a member of the governing authority who is a student of the university.”.
num: 74
paragraphs: The Act of 1997 is amended by the insertion of the following sections after section 16 (inserted by section 73 ):
“Composition of governing authority of Trinity College, Dublin
16A. (1) Subject to this Part and notwithstanding section 3 (2) of The Trinity College, Dublin (Charters and Letters Patent Amendment) Act 2000 , the governing authority of Trinity College (known as the Board of Trinity College) shall consist of the following members:
(a) 19 members appointed in accordance with section 16;
(b) such further number of members, who are fellows of Trinity College, appointed by the governing authority, provided that the number of external members (including the chairperson) of the governing authority shall comprise not less than 40 per cent of its membership.
(2) Clause 4 of the Supplemental Letters Patent of 1911 (within the meaning of The Trinity College, Dublin (Charters and Letters Patent Amendment) Act 2000 ) is amended by the substitution of “shall be in accordance with the provisions of the Universities Act 1997 ” for “shall be in accordance with the provisions of The Trinity College, Dublin (Charters and Letters Patent Amendment) Act 2000 ”.
Referral of matter for conduct of General Visitation by Trinity College Visitors
16B. (1) An tÃdarÃ¡s may, if it has a concern regarding a matter relating to the governance of Trinity College or the performance by Trinity College of its functions or compliance by it with its obligations, request the Visitors of Trinity College in writing to conduct a General Visitation in accordance with the statutes of Trinity College as respects the matter.
(2) An tÃdarÃ¡s shall specify in a request under subsection (1) the matter the subject of its concern and the reasons for the request.
(3) The Visitors of Trinity College shall consider a request received under subsection (1) and shall, if they are satisfied that there are reasonable grounds for a General Visitation and that it is appropriate to do so, conduct a General Visitation as respects the matter specified in the request in accordance with the statutes of Trinity College.
(4) The Visitors of Trinity College shall, within such period as may be agreed with An tÃdarÃ¡s, report in writing to An tÃdarÃ¡s on the General Visitation and the outcome thereof and they shall furnish such a report to the governing authority of Trinity College.
(5) This section is without prejudice to Part 8 of the Higher Education Authority Act 2022 as respects Trinity College.
(6) An tÃdarÃ¡s shall provide a copy of a report received by it under subsection (4) to the Minister.
(7) In this section—
‘General Visitation’, in relation to Trinity College, has the meaning it has in the statutes of Trinity College;
‘Visitors of Trinity College’, means the persons appointed as the Visitors of Trinity College pursuant to the statutes of Trinity College.”.
num: 75
paragraphs: The Act of 1997 is amended by the substitution of the following section for section 17:
“17. (1) The first meeting of a governing authority of a university shall be chaired by an external member of the governing authority who is appointed by a majority vote of the members to be an interim chairperson of the governing authority until the appointment of a chairperson under subsection (2).
(2) A governing authority shall, at the first meeting of the governing authority, appoint an external member of the governing authority to be the chairperson of the governing authority by a majority vote of not less than two-thirds of its members.
(3) A person shall cease to be chairperson of a governing authority if he or she ceases to be an external member of the governing authority.”.
num: 76
paragraphs: Section 18 of the Act of 1997 is amended—
(a) by the insertion of the following subsections after subsection (1):
“(1A) The governing authority of a university shall—
(a) promote the success (including academic success) and reputation of the university,
(b) satisfy itself that appropriate systems, procedures and practices are in place—
(i) to achieve the objects of the university,
(ii) for the internal performance management and accountability of the university in respect of—
(I) the performance of its functions, and
(II) the achievement of the aims in the strategic development plan under section 34,
and
(iii) in order to implement, and report on compliance with, the policies (whether set out in codes, guidelines or other documents, or any combination thereof) of the Government or a Minister of the Government to the extent that those policies may affect or relate to the functions of the university,
and
(c) establish and implement arrangements for the management of the performance of the chief officer.
(1B) Without prejudice to the generality of subsections (1) and (1A), the governing authority of a university shall perform the following functions with regard to the university:
(a) approve expenditure for major capital and investment projects;
(b) approve annual financial statements;
(c) provide for and maintain a system of audit;
(d) provide for and maintain a system of risk management;
(e) provide for and maintain a system of quality assurance in accordance with the Qualifications and Quality Assurance (Education and Training) Act 2012 ;
(f) review and oversee the implementation of major plans of action and provide strategic direction;
(g) delegate such functions as may be appropriate to the chief officer;
(h) manage the financial affairs of the university to ensure value for money and its financial viability;
(i) account to An tÃdarÃ¡s for funding provided to the university by An tÃdarÃ¡s.”,
and
(b) in subsection (4), by the insertion of “(including committees relating to audit and risk management functions)” after “appoint such and as many committees”.
num: 77
paragraphs: The Act of 1997 is amended by the insertion of the following section after section 18:
“18A. (1) If a governing authority has concerns regarding a matter relating to the governance, or the performance of the functions of the university, the governing authority shall arrange for a review of the matter to be undertaken.
(2) A governing authority may appoint such person as it considers appropriate (in this section referred to as a ‘reviewer’) to carry out a review of the matter concerned.
(3) A reviewer may request such information and assistance as he or she may require for the purposes of the review from the governing authority, the chief officer and the employees of the university and the governing authority, the chief officer and the employees of the university shall comply with any such request.
(4) A reviewer shall review the matter concerned and shall prepare a report of the outcome of the review and any recommendation made arising therefrom and shall provide a copy of the report to the governing authority and the chief officer.
(5) A governing authority shall, if recommended to do so by the report prepared by a reviewer, take such measures as it considers appropriate with regard to the matter concerned.
(6) A governing authority shall retain a copy of a report of the outcome of any review undertaken under subsection (1) and shall provide a report to An tÃdarÃ¡s annually or, more frequently, if so requested by An tÃdarÃ¡s on the outcome of any review undertaken by the governing authority under that subsection, including any measures taken under subsection (5).”.
num: 78
paragraphs: The Act of 1997 is amended by the insertion of the following Chapter after Chapter III of Part III:
“Chapter IIIA
Transitional arrangements for membership and chairperson of governing authority
Transitional arrangements for membership and chairperson of governing authority
23A. (1) A governing authority of a university shall, as soon as practicable after the relevant date and with the approval of the Minister, determine the arrangements and procedures to be put in place by it to ensure that the composition of the governing authority of the university complies with section 16 (inserted by section 73 of the Act of 2022) or, as may be appropriate, section 16A (inserted by section 74 of the Act of 2022) within the period referred to in subsection (2).
(2) Subject to subsections (3) to (5), a governing authority of a university shall, within 12 months of the relevant date—
(a) determine the composition of the governing authority of its university in accordance with the arrangements and procedures put in place by it under subsection (1),
(b) appoint the members (other than the chief officer) of the governing authority accordingly, and
(c) by notice in writing, inform the Minister of the composition as so determined.
(3) (a) Notwithstanding section 17 (inserted by section 75 of the Act of 2022), a person (other than the chief officer) who was the chairperson of a governing authority of a university upon the commencement of section 75 of the Act of 2022 may continue after that commencement to be the chairperson of the governing authority of that university until his or her membership of the governing authority ceases, provided that he or she is an external member.
num: 79
paragraphs: Section 33(2) of the Act of 1997 is amended by the substitution of “the making of a statute or a regulation under section 18(2) or 25(1)” for “the making of a statute or a regulation under section 17(2) or 24(1)”.
num: 80
paragraphs: Section 34 of the Act of 1997 is amended by the insertion of the following subsection after subsection (1):
“(1A) A governing authority shall, before approving a strategic development plan under this section, be satisfied that the chief officer has for the purposes of preparing the plan consulted with—
(a) the Minister,
(b) such other Ministers of the Government as the governing authority considers appropriate,
(c) An tÃdarÃ¡s,
(d) the students or the Student Union of the university,
(e) the employees of the university,
(f) the academic council of the university,
(g) the education and training board in whose education and training board area the campus of the university is located or such other education and training board as the governing authority considers appropriate,
(h) a local authority (within the meaning of the Local Government Act 2001 ) in whose functional area the campus of the university is located, and
(i) such other body or person as the governing authority considers appropriate.”.
num: 81
paragraphs: Section 36 of the Act of 1997 is amended by the insertion of the following subsection after subsection (1):
“(1A) A governing authority shall, for the purposes of preparing a statement under subsection (1), consult with—
(a) the Minister,
(b) such other Ministers of the Government as the governing authority considers appropriate,
(c) An tÃdarÃ¡s,
(d) the students or the Student Union of the university,
(e) the employees of the university,
(f) the academic council of the university,
(g) the education and training board in whose education and training board area the campus of the university is located or such other education and training board as the governing authority considers appropriate,
(h) a local authority (within the meaning of the Local Government Act 2001 ) in whose functional area the campus of the university is located, and
(i) such other body or person as the governing authority considers appropriate.”.
num: 82
paragraphs: Section 37 of the Act of 1997 is amended—
(a) by the substitution of the following subsections for subsections (1) and (2):
“(1) An tÃdarÃ¡s shall, on or before the 1st day of March in each year, notify the chief officer of the funding (in this section referred to as ‘allocated funding’) to be provided by An tÃdarÃ¡s for that year to a university, from moneys provided to An tÃdarÃ¡s under section 19 of the Higher Education Authority Act 2022.
(2) The chief officer shall, on or before the 1st day of April in each year, or such other date as An tÃdarÃ¡s may approve, prepare and submit following approval by the governing authority, to An tÃdarÃ¡s, in such form and manner as may from time to time be approved by An tÃdarÃ¡s, a statement of the proposed expenditure and, other than allocated funding, the expected income of the university for that year.
(2A) The allocated funding and the expected income of the university referred to in subsection (2), shall be the budget of the university for that year.”,
(b) by the substitution of the following subsections for subsection (5) and (6):
“(5) Where the chief officer of a university is of opinion that—
(a) the actual expenditure in a year, or
(b) a proposed course of action,
will or is likely to result in expenditure in excess of the budget for that year after taking account of an increase (if any) in the allocated funding under subsection (4) (in this section referred to as a ‘material departure from the budget’), the chief officer shall so inform the governing authority and give reasons for his or her opinion.
(6) Where a governing authority, despite being so informed under subsection (5), decides—
(a) in the case of subsection (5)(a), not to decrease its actual expenditure, or
(b) in the case of subsection (5)(b), to proceed with its proposed course of action,
the chief officer, shall, unless he or she considers that contrary to his or her foregoing opinion a material departure from the budget will not occur, as soon as practicable, inform An tÃdarÃ¡s of the decision of the governing authority.”,
and
(c) in subsection (7), by the substitution of “the next succeeding year” for “the next succeeding financial year”.
num: 83
paragraphs: The Third Schedule to the Act of 1997 is amended—
(a) in paragraph 2, by the insertion of the following subparagraph after subparagraph (2):
“(3) Whenever the chairperson of the governing authority resigns as chairperson, he or she shall at the same time cease to be a member of the governing authority.”,
(b) in paragraph 3, by the substitution of the following subparagraphs for subparagraph (4):
“(4) Subject to subparagraph (5), a member of a governing authority (including the chairperson) whose term of office expires by effluxion of time shall be eligible for re-appointment as a member of the governing authority.
(5) A person, other than an ex officio member, who is re-appointed as a member of a governing authority in accordance with subparagraph (4) shall not hold office for a consecutive period of more than 8 years.”,
(c) in paragraph 4, by the substitution of the following subparagraph for subparagraph (1):
num: 84
paragraphs: The Fourth Schedule to the Act of 1997 is amended—
(a) by the insertion of the following paragraphs after paragraph 2:
“2A. The chief officer may make proposals to the governing authority on any matter relating to its functions.
2B. The chief officer shall provide the governing authority with such information (including financial information) in relation to the performance of his or her functions as the governing authority may request.
2C. The governing authority may designate an employee of the university to perform the functions of the chief officer in the absence of the chief officer or where the office of chief officer is vacant and, a member so designated, shall in such absence or upon such office being vacant, perform those functions.”,
(b) by the deletion of paragraph 5, and
(c) in paragraph 7, by the substitution of “such period as the governing authority determines but the period shall not exceed 10 years from the date of the appointment of the chief officer” for “a period of 10 years”.
num: 85
paragraphs: Section 2 of the Act of 2018 is amended by—
(a) the substitution of the following definition for the definition of “applicant technological university”:
“‘applicant technological university’—
(a) in Chapter 11 of Part 2, has the meaning assigned to it by section 38,
(b) in Chapter 12 of Part 2, has the meaning assigned to it by section 44A, and
(c) in any other provision of this Act, means a technological university to which paragraph (a) or (b) applies;”,
and
(b) the insertion of the following definitions:
“‘applicant higher education provider’ has the meaning assigned to it by section 44A;
‘business and operation’, in relation to a higher education provider, includes—
(a) the programmes of education and training, and the programmes of research, provided by it,
(b) any land and any rights, powers and privileges related to or connected with such land owned by it or to which it is entitled,
(c) any property (other than land), including choses-in-action, owned by it or to which it is entitled,
(d) any liabilities incurred by it or other commitments entered into by it, including liabilities with regard to superannuation benefits in respect of members of its staff,
(e) the members of its staff,
(f) its body of students, and
(g) the records and data held by it;
‘higher education provider’ means a person or institution which provides at least one programme of education and training leading to the award of a degree or other qualification which is at least at bachelor degree level and is included within the Framework;”.
num: 86
paragraphs: Section 3 of the Act of 2018 is amended by the substitution of “an order under section 36, 43 or 44F” for “an order under section 36 or 43”.
num: 87
paragraphs: Section 7 of the Act of 2018 is amended—
(a) in subsection (1), by the substitution of the following definitions for the definitions of “advisory panel” and “appointed day” respectively:
“‘advisory panel’—
(a) in so far as it relates to an application under section 29, has the meaning assigned to it by section 31,
(b) in so far as it relates to an application under section 38, has the meaning assigned to it by section 40, and
(c) in so far as it relates to an application under section 44A, has the meaning assigned to it by section 44C;
‘appointed day’ means, as may be appropriate—
(a) in so far as it relates to an order under section 36, the day appointed by that order,
(b) in so far as it relates to an order under section 43, the day appointed by that order, and
(c) in so far as it relates to an order under section 44F, the day appointed by that order;”,
and
(b) in subsection (2), by the substitution of “the campuses of a technological university, applicant institutes or an applicant higher education provider, as may be appropriate,” for “the campuses of a technological university or, as the case may be, applicant institutes”.
num: 88
paragraphs: Section 8(1) of the Act of 2018 is amended by the deletion of “and the Minister for Public Expenditure and Reform” after “with the consent of the Minister”.
num: 89
paragraphs: Section 11 of the Act of 2018 is amended by the insertion of the following subsections after subsection (1):
“(1A) A governing body of a technological university shall—
(a) promote the success (including academic success) and reputation of the technological university,
(b) satisfy itself that appropriate systems, procedures and practices are in place—
(i) to perform the functions of the technological university,
(ii) for the internal performance management and accountability of the technological university in respect of—
(I) the performance of its functions, and
(II) the achievement of the objectives in the strategic development plan under section 18,
and
(iii) in order to implement, and report on compliance with, the policies (whether set out in codes, guidelines or other documents, or any combination thereof) of the Government or a Minister of the Government to the extent that those policies may affect or relate to the functions of the technological university,
and
(c) establish and implement arrangements for the management of the performance of the president.
(1B) Without prejudice to the generality of subsections (1) and (1A), the governing body of a technological university shall perform the following functions with regard to the technological university:
(a) approve expenditure for major capital and investment projects;
(b) approve annual financial statements;
(c) provide for and maintain a system of audit;
(d) provide for and maintain a system of risk management;
(e) provide for and maintain a system of quality assurance in accordance with the Act of 2012;
(f) review and oversee the implementation of major plans of action and provide strategic direction;
(g) delegate such functions as may be appropriate to the president;
(h) manage the financial affairs of the technological university to ensure value for money and its financial viability;
(i) account to An tÃdarÃ¡s for funding provided to the technological university by An tÃdarÃ¡s.”.
num: 90
paragraphs: The Act of 2018 is amended by the substitution of the following section for section 12:
“12. (1) Subject to this Chapter, a governing body of a technological university shall consist of 19 members as determined in accordance with this Chapter.
(2) The members of a governing body shall be—
num: 91
paragraphs: The Act of 2018 is amended by the insertion in Chapter 3 of Part 2 of the following section after section 12 (inserted by section 90 ):
“12A. (1) A governing body of a technological university shall, as soon as practicable after the relevant date and with the approval of the Minister, determine the arrangements and procedures to be put in place by it to ensure that the composition of the governing body of the technological university complies with section 12 (inserted by section 90 of the Act of 2022) within the period referred to in subsection (2).
(2) Subject to subsections (3) to (6), a governing body of a technological university shall, within 12 months of the relevant date—
(a) determine the composition of the governing body of its technological university in accordance with the arrangements and procedures put in place by it under subsection (1),
(b) appoint the members (other than the president) of the governing body accordingly, and
(c) by notice in writing, inform the Minister of the composition as so determined.
(3) (a) A person who was the chairperson of a governing body of a technological university on the relevant date may continue after that date to be the chairperson of the governing body of that technological university until his or her membership of the governing body ceases, provided that he or she is an external member within the meaning of section 12 (inserted by section 90 of the Act of 2022).
(b) For the purposes of paragraph (a), a term served by a person referred to in that paragraph as a member of the governing body, but not as chairperson thereof, before the commencement referred to in that paragraph shall be disregarded for the purposes of subsection (6)(a) of section 12 (inserted by section 90 of the Act of 2022).
(4) A person (other than the president) who was appointed as a member (including the chairperson) of the governing body before the relevant date and who is re-appointed as such member pursuant to subsection (2)(b)—
(a) shall be so re-appointed for a term of office of no longer than the unexpired term for which he or she was so appointed, and
(b) the term of office served by the member (including the chairperson) immediately before the relevant date and the term of office for which he or she is re-appointed under paragraph (a) shall be regarded as one term of office for the purposes of subsection (6)(a) of section 12 (inserted by section 90 of the Act of 2022).
(5) (a) Nothing in this section shall operate to terminate the term of office of a member of a governing body of a technological university who was, before the relevant date, appointed or elected as such member under section 55 if he or she wishes to serve the unexpired term for which he or she was so appointed or elected and notwithstanding that he or she is not re-appointed as such member pursuant to subsection (2)(b).
(b) A member of a governing body of a technological university referred to in paragraph (a) shall not be reckoned in the number of members of a governing body of a technological university specified in section 12 (inserted by section 90 ) during any part of his or her term of membership of the governing body which, but for this subsection, would have ceased.
num: 92
paragraphs: Section 18 of the Act of 2018 is amended by the insertion of the following subsection after subsection (3):
“(3A) The president shall, for the purposes of preparing a strategic development plan under subsection (1)(c), consult with—
(a) the Minister,
(b) such other Ministers of the Government as the president considers appropriate,
(c) An tÃdarÃ¡s,
(d) the students or the student union of the technological university,
(e) the members of the staff of the technological university or the trades unions or staff associations of those members of staff,
(f) the academic council of the technological university,
(g) the education and training board or boards in whose education and training board area or areas the campuses of the technological university are located or such other education and training board as the governing body considers appropriate,
(h) a local authority in whose functional area the campuses of the technological university are located, and
(i) such other body or person as the president considers appropriate.”.
num: 93
paragraphs: Section 19 of the Act of 2018 is amended by the insertion of the following subsection after subsection (2):
“(2A) The president shall, for the purposes of preparing an equality statement, consult with—
(a) the Minister,
(b) such other Ministers of the Government as the president considers appropriate,
(c) An tÃdarÃ¡s,
(d) the students or the student union of the technological university,
(e) the members of the staff of the technological university or the trades unions or staff associations of those members of staff,
(f) the academic council of the technological university,
(g) the education and training board or boards in whose education and training board area or areas the campuses of the technological university are located or such other education and training board as the governing body considers appropriate,
(h) a local authority in whose functional area the campuses of the technological university are located, and
(i) such other body or person as the president considers appropriate.”.
num: 94
paragraphs: Section 22(3) of the Act of 2018 is amended by the insertion of “and An tÃdarÃ¡s” after “the technological university shall furnish to the Minister”.
num: 95
paragraphs: Section 25 of the Act of 2018 is amended—
(a) in subsection (3), by—
(i) the substitution of “Subject to subsection (3A), a technological university” for “A technological university”, and
(ii) the deletion of “, with the consent of the Minister and the Minister for Public Expenditure and Reform”,
and
(b) by the insertion of the following subsection after subsection (3):
“(3A) A technological university shall obtain the consent of the Minister and the Minister for Public Expenditure and Reform if the company concerned referred to in subsection (3) is formed for purposes other than the manufacture or development of a product, service or process, or the creation and use of intellectual property connected therewith for commercial purposes, arising from the conduct of research or the undertaking of innovation activity by the technological university.”.
num: 96
paragraphs: The Act of 2018 is amended by the insertion of the following section after section 27:
“27A. (1) If a governing body has concerns regarding a matter relating to the governance, or the performance of the functions of the technological university, the governing body shall arrange for a review of the matter to be undertaken.
(2) A governing body may appoint such person as it considers appropriate (in this section referred to as a ‘reviewer’) to carry out a review of the matter concerned.
(3) A reviewer may request such information and assistance as he or she may require for the purposes of the review from the governing body, the president and the members of the staff of the technological university and the governing body, the president and the members of staff of the technological university shall comply with any such request.
(4) A reviewer shall review the matter concerned and shall prepare a report of the outcome of the review and any recommendation made arising therefrom and shall provide a copy of the report to the governing body and the president.
(5) A governing body shall, if recommended to do so by the report prepared by a reviewer, take such measures as it considers appropriate with regard to the matter concerned.
(6) A governing body shall retain a copy of a report of the outcome of any review undertaken under subsection (1) and shall provide a report to An tÃdarÃ¡s annually or, more frequently, if so requested by An tÃdarÃ¡s on the outcome of any review undertaken by the governing body under that subsection, including any measures taken under subsection (5).”.
num: 97
paragraphs: The Act of 2018 is amended by the insertion in Part 2 of the following Chapter after Chapter 11:
“Chapter 12
Joint application of higher education provider and technological university
Application for order under section 44F
44A. (1) One, and only one, higher education provider (in this Chapter referred to as an ‘applicant higher education provider’) and a technological university (in this Chapter referred to as an ‘applicant technological university’) may jointly apply to the Minister for an order under section 44F.
(2) The Minister shall not consider more than one application under this section by a particular technological university at any one time.
(3) An application under this section may relate to a part only of the business and operation of an applicant higher education provider that is specified in the application.
(4) An application under this section shall be in writing in such form, including electronic form, as may be directed by the Minister.
Requirements on application under section 44A
44B. An application under section 44A shall include information—
(a) demonstrating the capability of the applicant higher education provider and applicant technological university to jointly perform the functions of a technological university,
(b) demonstrating that plans and arrangements are in place for managing academic, financial and administrative matters arising on the making of an order under section 44F, and
(c) to enable the Minster and advisory panel to consider the matters referred to in section 44D.
Advisory panel for purposes of application under section 44A
44C. (1) The Minister, within 30 days of the receipt of an application under section 44A, shall forward the application to An tÃdarÃ¡s with a direction in writing to appoint an advisory panel under subsection (2).
(2) Within 60 days of the receipt of a direction under subsection (1), An tÃdarÃ¡s shall appoint a panel of at least 3 persons having a special interest or expertise in, or knowledge of, matters relating to higher education, at least one of whom shall have expertise, at an international level, in standards and practice in higher education (in this Chapter referred to as an ‘advisory panel’), to assess the application under section 44A.
(3) Within 120 days of being appointed, the advisory panel, having assessed the application under section 44A, and having had regard to the matters referred to in section 44D, shall furnish a report to the Minister and An tÃdarÃ¡s with a recommendation whether to make an order under section 44F.
(4) For the purposes of its assessment and report under this section, the advisory panel may consult with the applicant higher education provider, the applicant technological university, An tÃdarÃ¡s, the Qualifications and Quality Assurance Authority of Ireland, and any other person or body it considers appropriate.
Matters to which Minister shall have regard on application under section 44A
44D. (1) The Minister shall, for the purposes of subsection (2), have regard to such of the following matters as respects the applicant higher education provider as the Minister considers appropriate:
(a) whether the applicant higher education provider has been established and is operated for the principal purposes of higher education, training and research;
(b) the number of programmes of education and training provided by the applicant higher education provider which lead to education awards that are included within the Framework;
(c) whether the applicant higher education provider has a good track record in relation to performance in the field of education and has provided programmes referred to in paragraph (b) in the State for such period before the application under section 44A as the Minister considers appropriate in order to demonstrate that performance;
(d) whether the level of qualifications of the academic staff of the applicant higher education provider are at a sufficiently high level to provide the programmes of education and training which it provides;
(e) whether the applicant higher education provider has integrated, coherent and effective governance structures in place concerning academic, administrative, financial and management matters;
(f) whether the applicant higher education provider—
(i) has, under section 28 of the Act of 2012, established procedures in writing for quality assurance in relation to which the Qualifications and Quality Assurance Authority of Ireland—
(I) has approved those procedures under the Act of 2012,
(II) has not proposed by notice under section 36(1) of that Act to withdraw that approval, and
(III) has not withdrawn that approval under section 36 of that Act,
or
(ii) if the applicant higher education provider is a linked provider within the meaning of the Act of 2012, has, under section 28 of that Act, established procedures in writing for quality assurance in relation to which a relevant designated awarding body within the meaning of that Act—
(I) has approved those procedures under the Act of 2012,
(II) has not proposed by notice under section 39(1) of that Act to withdraw that approval, and
(III) has not withdrawn that approval under section 39 of that Act;
(g) whether the applicant higher education provider is financially viable and has sufficient financial resources available, should an order be made under section 44F, to meet any projected costs arising as a result of the application under section 44A and to continue to provide education for such period as may be specified in that application;
(h) the outcome of the due diligence processes undertaken in relation to the applicant higher education provider for the purposes of the application under section 44A to assess the appropriateness of an order being made under section 44F;
(i) the arrangements proposed for the business and operation or, as the case may be, a part of the business and operation of the applicant higher education provider to become and form part of the applicant technological university;
(j) such other matters as may be determined by the Minister in consultation with An tÃdarÃ¡s.
(2) In deciding whether to make an order under section 44F, the Minister shall, in addition to the matters to which he or she had regard under subsection (1), have regard to the following matters:
(a) if the needs of students, business, enterprise, the professions, the community, local interests and other related stakeholders in the region in which the campuses of the applicant higher education provider and applicant technological university are located would be more efficiently and effectively served if the order were made;
(b) if the projected demand, based on demographic trends, for higher education in the region in which the campuses of the applicant higher education provider and applicant technological university are located, would justify the making of the order;
(c) if sufficient financial resources are available to the applicant higher education provider and applicant technological university to meet the projected costs arising on the making of the order;
(d) if the applicant higher education provider and the applicant technological university would together be financially viable if the order were made;
(e) if making the order would comply with such policies of the Government as relate to higher education.
(3) In this section, ‘level’, in relation to qualifications, means included at the level concerned within the Framework.
Decision on application under section 44A
44E. (1) Within 60 days of receiving the report under section 44C(3), the Minister, having considered the application and information under sections 44A and 44B and the report and recommendation under section 44C, and having had regard to the matters referred to in section 44D, and consulted with An tÃdarÃ¡s, shall, by notice in writing, inform the applicant higher education provider and applicant technological university of his or her proposed decision and shall in the notice provide reasons for the proposed decision.
(2) A notice under subsection (1) shall state that the applicant higher education provider and applicant technological university may make representations to the Minister in relation to the proposed decision not later than 30 days after service of the notice.
(3) The Minister shall consider any representations made under subsection (2) before deciding to—
(a) make an order under section 44F, or
(b) refuse to make an order under section 44F.
(4) The Minister shall give notice in writing to the applicant higher education provider and applicant technological university of a decision under subsection (3) as soon as practicable after it is made, which shall, in relation to a decision under subsection (3)(b)—
(a) include reasons for the decision,
(b) inform the applicant higher education provider and applicant technological university that—
(i) they may jointly, under Part 3, appeal the decision within 30 days of the date of the notice, and
(ii) the notice of appeal shall specify the grounds for the appeal,
and
(c) inform the applicant higher education provider and applicant technological university that the decision shall be suspended until—
(i) the decision becomes final under subsection (5), or
(ii) subject to subsection (6), the disposal of an appeal under Part 3.
(5) If, on the expiration of the period of 30 days beginning on the date of the notice under subsection (4), no appeal under Part 3 is made, the decision of the Minister under subsection (3)(b) is final.
(6) If, following an appeal of a decision under subsection (3)(b), the appeals board orders the Minister under section 46(5)(b) to reconsider the decision, that decision is suspended until it has been reconsidered by the Minister.
Order for business and operation of higher education provider or part thereof to become and form part of technological university
44F. (1) The Minister, following a decision under section 44E(3)(a), shall by order appoint a day (in this Chapter referred to as the ‘appointed day’) for the purposes of subsection (2).
(2) On the appointed day, the business and operation of the applicant higher education provider shall become and form part of the applicant technological university or, if the application under section 44A for an order under this section relates to a part only of that business and operation, that part of the business and operation of the applicant higher education provider shall become and form part of the applicant technological university on that day.
(3) An order under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the order.
(4) The applicant higher education provider shall arrange with the applicant technological university for the transfer, with effect from the appointed day, of its business and operation or that part of its business and operation, as the case may be, to the applicant technological university consequent upon the making of an order under this section.
(5) Other than in cases where a part only of the business and operation of an applicant higher education provider is the subject of an order under this section, references in any enactment (other than this Act) to the applicant higher education provider specified in an order under this section shall, on and after the appointed day, be construed as references to the applicant technological university which jointly applied, with that applicant higher education provider, for an order under this section.”.
num: 98
paragraphs: Section 45(1) of the Act of 2018 is amended by the insertion of “and an applicant higher education provider and applicant technological university may appeal a decision under section 44E(3)(b)” after “appeal a decision under section 42(3)(b)”.
num: 99
paragraphs: Section 47 of the Act of 2018 is amended by—
(a) the substitution of the following definition for the definition of “appointed day”:
“‘appointed day’ means, as may be appropriate—
(a) in so far as it relates to an order under section 36, the day appointed by that order,
(b) in so far as it relates to an order under section 43, the day appointed by that order, and
(c) in so far as it relates to an order under section 44F, the day appointed by that order;”,
and
(b) the substitution of the following definition for the definition of “technological university”:
“‘technological university’ means, as may be appropriate—
(a) in so far as it relates to an order under section 36, a technological university established by that order,
(b) in so far as it relates to an order under section 43, the technological university to which, under section 44(1) and this Part, the functions of the applicant college specified in the order are transferred, and
(c) in so far as it relates to an order under section 44F, the technological university as respects which the business and operation, or a part thereof, of the applicant higher education provider specified in the order became and formed part of it under that section.”.
num: 100
paragraphs: Section 59 of the Act of 2018 is amended by—
(a) the insertion of the following paragraph after paragraph (a):
“(aa) made by the dissolved body as a designated awarding body for the purposes of the Act of 2012,”,
(b) the designation of that section (as amended by paragraph (a)) as subsection (1), and
(c) the addition of the following subsections:
“(2) Subject to subsection (3), every programme of education and training included in the business and operation of the applicant higher education provider the subject of an order under section 44F, that immediately before the day appointed by that order was provided by the applicant higher education provider and led to an award—
(a) made by the Qualifications and Quality Assurance Authority of Ireland under section 50 of the Act of 2012,
(b) made by a relevant designated awarding body within the meaning of the Act of 2012 pursuant to an arrangement under section 2(3) of that Act with the applicant higher education provider as a linked provider within the meaning of that Act, or
(c) made by the applicant higher education provider in accordance with the authority delegated to that provider by the Qualifications and Quality Assurance Authority of Ireland under section 53 of the Act of 2012,
shall, on the appointed day, become and be a programme of education and training provided by the technological university in respect of which the order under section 44F is made that leads to an award made by that technological university.
(3) A technological university in respect of which an order under section 44F is made may, with the approval of the Minister, determine in respect of programmes of education and training referred to in subsection (2) to which paragraph (b) of that subsection applies that the relevant designated awarding body concerned may continue, after the appointed day, to make awards in respect of those programmes to students who are enrolled in those programmes immediately before that day.”.
num: 101
paragraphs: Section 60 of the Act of 2018 is amended—
(a) in subsection (3), by the substitution of “in respect of which the order is made shall, on the date that is 12 months after the appointed day, be deemed to have been withdrawn under section 63 of the Act of 2012, unless before that date the technological university applies for and is authorised to continue to use the international education mark” for “in respect of which the order is made shall, on the appointed day, be withdrawn under section 63 of the Act of 2012”,
(b) by the insertion of the following subsections after subsection (3):
“(3A) Where, immediately before the day appointed by order under section 44F, both a higher education provider and a technological university were authorised by the Qualifications and Quality Assurance Authority of Ireland to use the international education mark under section 61 of the Act of 2012, the technological university, in respect of which the order is made shall, on and after that day—
(a) comply with any condition, imposed under section 61(8)(b) of the Act of 2012, to which the authorisation of the higher education provider is subject,
(b) continue to comply with any condition imposed under that section 61(8)(b) of that Act to which its authorisation is subject,
(c) be liable to pay the annual charge under section 62 of the Act of 2012 in respect of the authorisation of the higher education provider, and
(d) continue to be liable to pay the annual charge in respect of its authorisation under that section 62 of that Act.
(3B) Where, immediately before the day appointed by order under section 44F, a technological university was authorised by the Qualifications and Quality Assurance Authority of Ireland to use the international education mark under section 61 of the Act of 2012 but the applicant higher education provider was not so authorised, the authorisation of the technological university, in respect of which the order is made shall, on the date that is 12 months after the appointed day, be deemed to have been withdrawn under section 63 of the Act of 2012, unless before that date the technological university applies for and is authorised to continue to use the international education mark.
(3C) A technological university referred to in subsection (3) or (3B) may, in accordance with each of those subsections, apply to the Qualifications and Quality Assurance Authority of Ireland for authorisation for its continued use of the international education mark under section 61 of the Act of 2012 and that section shall, with any necessary modifications, apply to such an application as it applies to an application for authorisation to use the international education mark.”,
and
(c) in subsection (4), by the addition of the following paragraph after paragraph (b):
“(c) For the purposes of subsection (3A), the liability date shall be the anniversary of the appointed day and on the first such liability date the technological university concerned shall pay any portion of the annual charge remaining unpaid by the higher education provider on the appointed day.”.
num: 102
paragraphs: Section 61 of the Act of 2018 is amended by the addition of the following subsection:
“(3) On the day appointed by order under section 44F—
(a) any procedures for quality assurance under section 28 of the Act of 2012 standing established immediately before that day shall—
(i) where they were established by the applicant higher education provider, no longer apply, and
(ii) where they were established by the technological university, in respect of which the order is made, continue to apply,
and
(b) any procedures for access, transfer and progression in relation to learners standing established, immediately before that day, under section 56 of the Act of 2012 shall—
(i) where they were established by the applicant higher education provider, no longer apply, and
(ii) where they were established by the technological university, in respect of which the order is made, continue to apply.”.
num: 103
paragraphs: Section 62 of the Act of 2018 is amended by the addition of the following subsection:
“(3) Where an order has been made under section 44F, and a process that may result in the suspension or dismissal of a member of staff of the applicant higher education provider specified in the order has, before the appointed day, been commenced but not completed immediately before that day in accordance with procedures made or conditions determined by that applicant higher education provider, the process may, on or after that day, be continued by the technological university under procedures made or conditions determined by it, and the technological university may suspend or dismiss the member of staff in accordance with such procedures and conditions.”.
num: 104
paragraphs: Schedule 1 to the Act of 2018 is amended—
(a) in paragraph 2(2), by the insertion of “such remuneration (if any) and” after “other than the president,”, and
(b) in paragraph 6(1), by the insertion of “(including committees relating to audit and risk management functions)” after “The governing body may establish committees”.
num: 105
paragraphs: If, at any time before the coming into operation of Chapter 12 of Part 2 of the Act of 2018 (inserted by section 97 ), an application is made to the Minister jointly by a higher education provider and a technological university on an administrative basis in accordance with the requirements of that Chapter—
(a) the application shall be deemed to have been made under that Chapter by an applicant higher education provider and an applicant technological university (both within the meaning of the Act of 2018) as if that Chapter were in operation and that Chapter shall apply accordingly, and
(b) at any time after the coming into operation of that Chapter, the Minister may, if he or she is satisfied that the requirements of that Chapter have been complied with as respects that application and the assessment and consideration thereof, make or, as may be appropriate, refuse to make an order under section 44F of the Act of 2018 accordingly.
num: 106
paragraphs: Section 2 of the Act of 1992 is amended by the insertion of the following definitions:
num: 107
paragraphs: Section 3(5) of the Act of 1992 is amended by the substitution of “and may be sued in its corporate name and may, with the consent of the Minister, acquire, hold and dispose of land, an interest in land or any other property” for “and be sued in its corporate name and to acquire, hold and dispose of land”.
num: 108
paragraphs: Section 5(1) of the Act of 1992 is amended by the substitution of the following paragraph for paragraph (i):
“(i) subject to the consent of the Minister to acquire, hold and dispose of land, an interest in land or any other property;”.
num: 109
paragraphs: The Act of 1992 is amended by the substitution of the following section for section 6:
“6. (1) A college shall have a governing body established under this Act to perform the functions conferred on the college by this Act.
num: 110
paragraphs: The Act of 1992 is amended by the insertion of the following section after section 6 (inserted by section 109 ):
“6A. (1) A governing body of a college shall, as soon as practicable after the relevant date and with the approval of the Minister, determine the arrangements and procedures to be put in place by it to ensure that the composition of the governing body of the college complies with section 6 (inserted by section 109 of the Act of 2022) within the period referred to in subsection (2).
(2) Subject to subsections (3) to (5), a governing body of a college shall, within 12 months of the relevant date—
(a) determine the composition of the governing body of its college in accordance with the arrangements and procedures put in place by it under subsection (1),
(b) appoint the members (other than the Director) of the governing body accordingly, and
(c) by notice in writing, inform the Minister of the composition as so determined.
(3) (a) A person who was the chairman of a governing body of a college on the relevant date may continue after that date to be the chairperson of the governing body of that college until his or her membership of the governing body ceases, provided that he or she is an external member within the meaning of section 6 (inserted by section 109 of the Act of 2022).
(b) For the purposes of paragraph (a), a term served by a person referred to in that paragraph as a member of the governing body, but not as chairman thereof, before the commencement referred to in that paragraph shall be disregarded for the purposes of subsection (8)(a) of section 6 (inserted by section 109 of the Act of 2022).
(4) A person (other than the Director) who was appointed as a member (including the chairman) of the governing body before the relevant date and who is re-appointed as such member pursuant to subsection (2)(b)—
(a) shall be so re-appointed for a term of office of no longer than the unexpired term for which he or she was so appointed, and
(b) the term of office served by the member (including the chairman) immediately before the relevant date and the term of office for which he or she is re-appointed under paragraph (a) shall be regarded as one term of office for the purposes of subsection (8)(a) of section 6 (inserted by section 109 of the Act of 2022).
num: 111
paragraphs: Section 7 of the Act of 1992 is amended—
(a) by the insertion of the following subsections after subsection (1):
“(1A) The governing body of a college shall—
(a) promote the success (including academic success) and reputation of the college,
(b) satisfy itself that appropriate systems, procedures and practices are in place—
(i) for the internal performance management and accountability of the college in respect of—
(I) the performance of its functions, and
(II) the achievement of the aims in the strategic development plan under section 21C,
and
(ii) in order to implement, and report on compliance with, the policies (whether set out in codes, guidelines or other documents, or any combination thereof) of the Government or a Minister of the Government to the extent that those policies may affect or relate to the functions of the college,
and
(c) establish and implement arrangements for the management of the performance of the Director.
(1B) Without prejudice to the generality of subsections (1) and (1A), the governing body of a college shall perform the following functions with regard to the college:
(a) approve expenditure for major capital and investment projects;
(b) approve annual financial statements;
(c) provide for and maintain a system of audit;
(d) provide for and maintain a system of risk management;
(e) provide for and maintain a system of quality assurance in accordance with the Qualifications and Quality Assurance (Education and Training) Act 2012 ;
(f) review and oversee the implementation of major plans of action and provide strategic direction;
(g) delegate such functions as may be appropriate to the Director;
(h) manage the financial affairs of the college to ensure value for money and its financial viability;
(i) account to An tÃdarÃ¡s for funding provided to the college by An tÃdarÃ¡s.”,
and
num: 112
paragraphs: Section 21C of the Act of 1992 is amended by the insertion of the following subsection after subsection (1):
“(1A) A governing body shall, for the purposes of preparing a strategic development plan, consult with—
(a) the Minister,
(b) such other Ministers of the Government as the governing body considers appropriate,
(c) An tÃdarÃ¡s,
(d) the students or the student union of the college,
(e) the members of the staff of the college or the trades unions or staff associations of those members of staff,
(f) the academic council of the college,
(g) the education and training board in whose education and training board area the campus of the college is located or such other education and training board as the governing body considers appropriate,
(h) a local authority in whose functional area the campus of the college is located, and
(i) such other body or person as the governing body considers appropriate.”.
num: 113
paragraphs: Section 21D of the Act of 1992 is amended by the insertion of the following subsection after subsection (1):
“(1A) A governing body shall, for the purposes of preparing a statement under subsection (1), consult with—
(a) the Minister,
(b) such other Ministers of the Government as the college considers appropriate,
(c) An tÃdarÃ¡s,
(d) the students or the student union of the college,
(e) the members of the staff of the college or the trades unions or staff associations of those members of staff,
(f) the academic council of the college,
(g) the education and training board in whose education and training board area the campus of the college is located or such other education and training board as the governing body considers appropriate,
(h) a local authority in whose functional area the campus of the college is located, and
(i) such other body or person as the governing body considers appropriate.”.
num: 114
paragraphs: The Act of 1992 is amended by the insertion of the following section after section 21F:
“21G. (1) If a governing body has concerns regarding a matter relating to the governance, or the performance of the functions of the college, the governing body shall arrange for a review of the matter to be undertaken.
(2) A governing body may appoint such person as it considers appropriate (in this section referred to as a ‘reviewer’) to carry out a review of the matter concerned.
(3) A reviewer may request such information and assistance as he or she may require for the purposes of the review from the governing body, the Director and the members of the staff of the college and the governing body, the Director and the members of the staff of the college shall comply with any such request.
(4) A reviewer shall review the matter concerned and shall prepare a report of the outcome of the review and any recommendation made arising therefrom and shall provide a copy of the report to the governing body and the Director.
(5) A governing body shall, if recommended to do so by the report prepared by a reviewer, take such measures as it considers appropriate with regard to the matter concerned.
(6) A governing body shall retain a copy of a report of the outcome of any review undertaken under subsection (1) and shall provide a report to An tÃdarÃ¡s annually or, more frequently, if so requested by An tÃdarÃ¡s on the outcome of any review undertaken by the governing body under that subsection, including any measures taken under subsection (5).”.
num: 115
paragraphs: (1) The Act of 1992 is amended by the substitution of the following Schedule for the Second Schedule:
num: 116
paragraphs: Section 2 (1) of the Regional Technical Colleges (Amendment) Act 1994 is amended by the substitution of “after considering the final report within the meaning of section 68 of the Higher Education Authority Act 2022 of a review carried out under that section” for “after considering the report of an inspector under section 20 of the Principal Act”.
num: 117
paragraphs: Section 1(1) of the Act of 1971 is amended—
(a) by the substitution of the following definition for the definition of “student of the College”:
“‘student of the College’ means a person registered as a student by the College or a person who is a full-time officer of the student union of the College who was elected to his or her office while he or she was registered as a student by the College;”,
and
(b) by the insertion of the following definitions:
“‘academic council’, in relation to the College, means the academic council of the College under section 20A;
‘An tÃdarÃ¡s’ means An tÃdarÃ¡s um Ard-Oideachas;
‘student union of the College’ means the student union or other student representative body recognised by the College.”.
num: 118
paragraphs: Section 4(2) of the Act of 1971 is amended by the substitution of “may, with the consent of the Minister, acquire, hold and dispose of land, an interest in land or other property” for “to acquire, hold and dispose of land”.
num: 119
paragraphs: Section 5 of the Act of 1971 is amended—
(a) by the insertion of the following subsections after subsection (2):
“(2A) An Bord shall—
(a) promote the success (including academic success) and reputation of the College,
(b) satisfy itself that appropriate systems, procedures and practices are in place—
(i) for the internal performance management and accountability of the College in respect of—
(I) the performance of its functions, and
(II) the achievement of the objectives in the strategic development plan under section 20C,
and
(ii) in order to implement, and report on compliance with, the policies (whether set out in codes, guidelines or other documents, or any combination thereof) of the Government or a Minister of the Government to the extent that those policies may affect or relate to the functions of the College,
and
(c) establish and implement arrangements for the management of the performance of the Director.
(2B) Without prejudice to the generality of subsections (1), (2) and (2A), An Bord shall perform the following functions with regard to the College:
(a) approve expenditure for major capital and investment projects;
(b) approve annual financial statements;
(c) provide for and maintain a system of audit;
(d) provide for and maintain a system of risk management;
(e) provide for and maintain a system of quality assurance;
(f) review and oversee the implementation of major plans of action and provide strategic direction;
(g) delegate such functions as may be appropriate to the Director;
(h) manage the financial affairs of the College to ensure value for money and its financial viability;
(i) account to An tÃdarÃ¡s for funding provided to the College by An tÃdarÃ¡s.”,
and
(b) by the insertion of the following subsections after subsection (3):
“(3A) An Bord shall, in the performance of its functions, have regard to policies of the Government (including policies relating to education and training or remuneration of staff employed in the education sector) for the time being.
(3B) (a) For the purposes of the performance of its functions, An Bord shall establish procedures relating to resolution of disputes.
(b) Procedures established under paragraph (a) shall—
(i) be established following consultation with each trade union and staff association recognised by An Bord and with the student union,
(ii) provide for consideration of a dispute by a person who is independent of the persons involved in the dispute, and
(iii) be published in such manner as An Bord considers appropriate.
(3C) An Bord may delegate any of the functions that, in its opinion, can be better or more conveniently performed by the academic council to the academic council.”.
num: 120
paragraphs: The Act of 1971 is amended by the insertion of the following section after section 5:
“5A. (1) An Bord, in performing its functions, shall—
(a) have the right and responsibility to preserve and promote the principles of academic freedom in the conduct of its internal and external affairs, and
(b) without prejudice to the generality of paragraph (a), be entitled to regulate its affairs in accordance with its independent ethos and the principles of academic freedom, and in doing so shall have regard to—
(i) the promotion and preservation of equality of opportunity and access to higher education,
(ii) resources, wherever originating, that are available to An Bord for the purpose of performing its functions, and
(iii) the need to secure the most beneficial, effective and efficient use of those resources.
(2) A member of the academic staff of the College shall not, subject to the provisions of any enactment or rule of law, be disadvantaged, or subject to less favourable treatment by An Bord, arising from his or her questioning and testing received wisdom, putting forward new ideas or stating controversial or unpopular opinions in his or her teaching, research and any other activities either in or outside of the College.”.
num: 121
paragraphs: Section 7 of the Act of 1971 is amended—
(a) by the substitution of the following subsection for subsection (1):
“(1) The term of office of a member of An Bord, other than the Director, shall be four years.”,
and
(b) by the substitution of the following subsection for subsection (4):
“(4) A member of An Bord, other than the Director, shall not serve more than two successive terms as such a member and, for that purpose, the remainder of a term under subsection (10) of section 6 shall be regarded as a term.”.
num: 122
paragraphs: Section 10 of the Act of 1971 is amended by the substitution of “such remuneration (if any) and such allowances for expenses (if any)” for “such allowances in respect of expenses”.
num: 123
paragraphs: Section 13 of the Act of 1971 is amended—
(a) in subsection (1), by the insertion of “and shall hold not less than four meetings in any 12 month period” after “so many meetings as may be necessary for the due fulfilment of its functions”, and
(b) by the insertion of the following subsection after subsection (7):
“(8) Subject to the provisions of this Act, An Bord may make, amend or revoke rules (in this Act called ‘regulations of An Bord’) as it thinks fit for the conduct of the procedures and business of An Bord.”.
num: 124
paragraphs: Section 15 of the Act of 1971 is amended by the substitution of the following subsection for subsection (2):
“(2) (a) Accounts kept in pursuance of this section shall be submitted annually to the Comptroller and Auditor General for audit and, immediately after such audit, a copy of the income and expenditure account and of the balance sheet and of such other, if any, of the accounts as the Minister, after consultation with the Minister for Public Expenditure and Reform, may direct and a copy of the Comptroller and Auditor General’s Report on the accounts shall be presented to the Minister and An tÃdarÃ¡s.
(b) The Minister shall cause copies of the accounts and the Report referred to in paragraph (a) to be laid before each House of the Oireachtas.”.
num: 125
paragraphs: The Act of 1971 is amended by the insertion of the following section after section 16:
“16A. (1) If An Bord has concerns regarding a matter relating to the governance of the College, or the performance of the functions of An Bord, it shall arrange for a review of the matter to be undertaken.
(2) An Bord may appoint such person as it considers appropriate (in this section referred to as a ‘reviewer’) to carry out a review of the matter concerned.
(3) A reviewer may request such information and assistance as he or she may require for the purposes of the review from An Bord, the Director, the Registrar and the officers and servants of An Bord and An Bord, the Director, the Registrar and the officers and servants of An Bord shall comply with any such request.
(4) A reviewer shall review the matter concerned and shall prepare a report of the outcome of the review and any recommendation arising therefrom and shall provide a copy of the report to An Bord, the Director and the Registrar.
(5) An Bord shall, if recommended to do so by the report prepared by a reviewer, take such measures as it considers appropriate with regard to the matter concerned.
(6) An Bord shall retain a copy of a report of the outcome of any review undertaken under subsection (1) and shall provide a report to An tÃdarÃ¡s annually or, more frequently, if so requested by An tÃdarÃ¡s on the outcome of any review undertaken by An Bord under that subsection, including any measures taken under subsection (5).”.
num: 126
paragraphs: Section 17 of Act of 1971 is amended—
(a) by the substitution of the following subsection for subsection (2):
num: 127
paragraphs: The Act of 1971 is amended by the insertion of the following sections after section 20:
“Academic council of College
20A. (1) The College shall have an academic council.
(2) Subject to this section, An Bord shall make regulations which shall provide, in relation to the academic council, for—
(a) the number of members,
(b) procedures for selection and appointment of members,
(c) term of office of members,
(d) eligibility for re-appointment of members, and
(e) the number of consecutive periods for which members may hold office.
(3) Without prejudice to the generality of subsection (2)—
(a) the majority of members of the academic council shall be members of the academic staff of the College,
(b) the regulations of An Bord under subsection (2) shall provide for the following persons to be members referred to in paragraph (a)—
(i) the senior member of staff having responsibility to the Director for each academic discipline, school or department as An Bord determines,
(ii) members from what, in the opinion of An Bord, is an appropriate range of levels of other academic staff from an appropriate range of academic disciplines, and
(iii) an appropriate number of students,
and
(c) in making regulations under subsection (2), An Bord shall have regard to the objective that at least 40 per cent of members of the academic council shall be women and at least 40 per cent of them shall be men.
(4) The Director shall be—
(a) an ex officio member of the academic council, and
(b) entitled to preside at all meetings of the academic council or a committee of the Council at which he or she is present, but if he or she at any time chooses not to so preside, he or she shall nominate a person to preside in his or her place.
(5) The academic council shall hold such and so many meetings as may be necessary for the performance of its functions under this Act and, subject to any regulations of An Bord as relate to the academic council, may regulate its own procedure.
(6) The academic council may establish such and so many committees as it considers necessary to assist it in the performance of its functions under this Act.
(7) Persons who are members of the academic council or other members of the staff of the College may be members of a committee established under subsection (6).
Functions of academic council
20B. (1) Subject to this section, the academic council shall control the academic affairs of the College, including the curriculum of, and instruction and education provided by, the College.
(2) In the performance of its functions, the academic council shall—
(a) have regard to the resources available to the College, and
(b) be subject to review by the College, in a form and at such frequency as may be required by the College.
(3) Without prejudice to the generality of subsection (1), the functions of the academic council shall include—
(a) designing and developing programmes for the College,
(b) making recommendations on programmes for the undertaking of research,
(c) supporting the implementation of the programmes referred to in paragraphs (a) and (b),
(d) making recommendations to the College relating to the selection, admission, retention and exclusion of students,
(e) making recommendations to An Bord regarding the form and content of regulations of the College relating to the academic affairs of the College including—
(i) the assessment of students and determination of the results of that assessment, and
(ii) procedures for appeals by students relating to the results of assessments,
(f) making recommendations to the College for the awarding of fellowships, scholarships, bursaries, prizes or other awards,
(g) making general arrangements for academic counselling including tutorials,
(h) performing any other functions delegated to it by An Bord, and
(i) implementing any regulations of the College relating to the functions of the academic council.”.
num: 128
paragraphs: The Act of 1971 is amended by the insertion of the following section after section 20B (inserted by section 127 ):
“20C. (1) (a) The Director shall, as soon as practicable after the coming into operation of section 128 of the Higher Education Authority Act 2022, prepare a plan (in this section called a ‘strategic development plan’) for the period specified in the plan.
(b) The period specified in the strategic development plan shall be such period as An Bord considers appropriate and directs the Director to specify in the plan, being a period of not less than 3 years and not more than 5 years from the date that the Director prepares the plan under paragraph (a).
(c) The Director shall prepare each subsequent strategic development plan not earlier than 6 months, and not later than 3 months, before the expiration of the period specified in the plan.
(2) The Director shall for the purposes of preparing a strategic development plan under this section consult with—
(a) the Minister,
(b) such other Ministers of the Government as An Bord considers appropriate,
(c) An tÃdarÃ¡s,
(d) the students or the student union of the College,
(e) the members of the staff of the College,
(f) the academic council, and
(g) such other bodies or persons as An Bord considers appropriate.
(3) A strategic development plan shall specify—
(a) the objectives of the College for the period specified in the plan and the strategies for achieving those objectives,
(b) the purposes for which the College proposes to use its resources,
(c) how the College shall comply with any requirements imposed on it under the Qualifications and Quality Assurance (Education and Training) Act 2012 , and
(d) the plans of the College to develop and promote strong social and cultural links, and links supporting creativity, between the College and the local, regional and national community.
(4) The Director, in preparing a strategic development plan under subsection (1)(c), shall have regard to each of the following provided or issued to the College by a relevant designated awarding body within the meaning of the Qualifications and Quality Assurance (Education and Training) Act 2012 during the period of the plan being replaced:
(a) a report of a review under section 37 of the Qualifications and Quality Assurance (Education and Training) Act 2012 ;
(b) a direction under section 38 of that Act.
(5) The Director shall submit the draft strategic development plan to An Bord for approval once it has been prepared.
(6) An Bord, having regard to the resources available to it, may either approve the strategic development plan without modification or, after consultation with the Director, approve the plan with such modifications as it thinks fit.
(7) As soon as practicable after it approves the strategic development plan under subsection (6), An Bord shall provide a copy of the plan to the Minister and An tÃdarÃ¡s and the Qualifications and Quality Assurance Authority of Ireland and publish it in such manner as An Bord considers appropriate.”.
num: 129
paragraphs: The Act of 1971 is amended by the insertion of the following section after section 20C (inserted by section 128 ):
“20D. (1) (a) The Director shall, as soon as practicable after the coming into operation of section 129 of the Higher Education Authority Act 2022, prepare a statement (in this section called an ‘equality statement’) for the period specified in the statement.
(b) The period to which the equality statement relates shall be such period as An Bord considers appropriate and directs the Director to specify in the statement, being a period of not less than 3 years and not more than 5 years from the date that the Director prepares the equality statement under subsection (1).
(c) The Director shall prepare each subsequent equality statement not earlier than 6 months, and not later than 3 months, before the expiration of the period specified in the plan.
(2) The Director shall for the purposes of preparing an equality statement under this section consult with—
(a) the Minister,
(b) such other Ministers of the Government as An Bord considers appropriate,
(c) An tÃdarÃ¡s,
(d) the students or the student union of the College,
(e) the members of the staff of the College,
(f) the academic council, and
(g) such other bodies or persons as An Bord considers appropriate.
(3) The equality statement shall specify—
(a) the policy of the College for enabling access to it, and the education it provides, by economically or socially disadvantaged persons, by persons who have a disability and by persons from sections of society significantly under-represented in the student body, and
(b) the policy of the College relating to equality, including gender equality, in all activities of the College.
(4) The Director shall submit the draft equality statement to An Bord for approval once it has been prepared.
(5) An Bord, having regard to the resources available to it, may either approve the draft equality statement without modification or, after consultation with the Director, approve the statement with such modifications as it thinks fit.
(6) An Bord, in approving the draft equality statement under subsection (5), shall have regard to such policies on the matters referred to in subsection (3) as may from time to time be determined by the Minister.
(7) An Bord shall implement the policies set out in the equality statement.”.
num: 130
paragraphs: The Act of 1971 is amended by the insertion of the following Schedule:
num: 131
paragraphs: The Housing Finance Agency Act 1981 is amended—
(a) in section 1, by—
(i) the insertion of the following definition:
“‘Act of 2022’ means the Higher Education Authority Act 2022;”,
and
(ii) the substitution of the following definition for the definition of “institution of higher education”:
“‘institution of higher education’ means—
(a) a designated institution of higher education within the meaning of the Act of 2022 that is also a funded body within the meaning of that Act, and
(b) a higher education provider that is not a designated institution of higher education within the meaning of the Act of 2022 but is a funded body within the meaning of that Act whose primary income derives from funding provided to it by An tÃdarÃ¡s um Ard-Oideachas under section 37 of the Act of 2022;”,
and
(b) in section 5, by the substitution of the following paragraph for paragraph (f):
“(f) an institution of higher education, to be used by it in respect of the provision or management of housing accommodation for students, including the acquisition of land by such an institution for that purpose and, other than in the case of an institution of higher education referred to in subparagraph (i) or (ii) of section 53 (1)(a) of the Act of 2022, only with the prior consent in writing of the Minister for Further and Higher Education, Research, Innovation and Science,”.
num: 132
paragraphs: (1) The Minister may if he or she considers it appropriate to do so, as respects bursaries and scholarships for students for the purpose of assisting such students to pursue approved courses at approved institutions and if so requested by a person who established or is responsible for a bursary scheme or scholarship scheme, administer or, as may be appropriate, assist with the administration of—
(a) the identification of students who are eligible for such bursaries and scholarships,
(b) the awarding of such bursaries and scholarships to students, and
(c) the payment of such bursaries and scholarships to students,
in accordance with the terms of the bursary scheme or scholarship scheme, as the case may be, concerned.
(2) If and to the extent that the Minister considers it appropriate to do so, the functions of the Minister under subsection (1) may be performed by an awarding authority within the meaning of the Act of 2011.
(3) In this section—
(a) “approved course”, “approved institution”, “bursary scheme”, “scholarship scheme” and “student” have the respective meanings they have in the Act of 2011, and
(b) “bursary” and “scholarship” have the respective meanings they have in the Act of 2011, subject to the modification that the money in respect of a bursary or scholarship may be paid to a student by the Minister or an awarding authority within the meaning of that Act.
num: 133
paragraphs: Section 2 of the Act of 2011 is amended by the insertion of the following definitions:
“‘bursary’ means money paid by an awarding authority to a student, or to an approved institution on behalf of the student, for the purpose of assisting the student to pursue an approved course at the approved institution, where the money is provided from a fund established pursuant to a bursary scheme;
‘bursary scheme’ means a scheme established, by way of a trust or other instrument, for the purposes of providing financial support to students falling into all or any of the following groups to assist them to participate in further education or higher education:
(a) students who are economically or socially disadvantaged;
(b) students who have a disability;
(c) students who are from sections of society significantly under-represented in the student body;
‘scholarship’ means money paid by an awarding authority to a student, or to an approved institution on behalf of the student, for the purpose of assisting the student to pursue an approved course at the approved institution, where the money is provided from a fund established pursuant to a scholarship scheme;
‘scholarship scheme’ means a scheme established, by way of a trust or other instrument, for the purposes of providing financial support to students who demonstrate the level of educational attainment (if any) required by the scheme and who fall into all or any of the following groups to assist them to participate in further education or higher education:
(a) students who are economically or socially disadvantaged;
(b) students who have a disability;
(c) students who are from sections of society significantly under-represented in the student body;”.
num: 134
paragraphs: Section 12 of the Act of 2011 is amended—
(a) in subsection (1), by the insertion of the following paragraph after paragraph (c):
“(ca) keep all proper and usual accounts of moneys received by it or expenditure of such moneys incurred by it in relation to bursaries and scholarships,”,
(b) by the insertion of the following subsection after subsection (1):
“(1A) An awarding authority shall, as respects a bursary scheme or scholarship scheme, whenever requested to do so by the Minister administer or, as may be appropriate, assist with the administration of—
(a) the identification of students who are eligible for bursaries or scholarships under the bursary scheme or scholarship scheme, as the case may be, concerned,
(b) the awarding of such bursaries or scholarships to students, and
(c) the payment, out of funds provided by the person who established or is responsible for the bursary scheme or scholarship scheme, as the case may be, concerned to the awarding authority for that purpose, of such bursaries or scholarships to the students to whom awards are made or to an approved institution on behalf of such students,
in accordance with the terms of the bursary scheme or scholarship scheme, as the case may be, concerned.”,
and
(c) in subsection (3), by the insertion of “, bursaries or scholarships” after “as respects grants”.
num: 135
paragraphs: Section 28 of the Act of 2011 is amended—
(a) in subsection (1), by the substitution of “the first named person is satisfied that the data or information will be used only for a relevant purpose as respects a grant” for “the first named person is satisfied that it will be used for a relevant purpose only”,
(b) in subsection (2), by the substitution of “a person so listed or prescribed will further the attainment of a relevant purpose as respects a grant” for “a person so listed or prescribed will further the attainment of a relevant purpose”,
(c) by the insertion of the following subsection after subsection (2):
num: 136
paragraphs: The Act of 2011 is amended by the insertion of the following Schedule after Schedule 2:
num: 137
paragraphs: The Industrial Training Act 1967 is amended by the substitution of the following definition for the definition “activity of industry”:
“‘activity of industry’ includes any activity of commerce or of a trade or occupation, and also includes any activity of a distinct branch of an industry, of commerce or of a trade or occupation;”.
num: 138
paragraphs: Section 23 (2) of the Industrial Training Act 1967 is amended by the insertion of “and, where the activity of industry relates to a regulated profession, the appropriate competent authority or authorities in the State shall be consulted” after “persons employed in the activity”.
num: 139
paragraphs: Section 266 of the Social Welfare Consolidation Act 2005 is amended by the substitution of the following paragraph for paragraph (b):
“(b) An tÃdarÃ¡s um Ard-Oideachas, where that body requires the information for the purposes of performing its functions under paragraphs (b), (c), (d), (j), (k), (n) and (u) of section 9 (1) of the Higher Education Authority Act 2022.”.
num: 140
paragraphs: Section 26 (1) of the National Treasury Management Agency (Amendment) Act 2014 is amended by the substitution of the following paragraph for paragraph (e):
“(e) to enter into any arrangement or contract to procure as agent for the Minister for Education, the Minister for Further and Higher Education, Research, Innovation and Science or for a local authority (within the meaning of the Local Government Act 2001 ) any public investment project in relation to building or other infrastructure, including the financing, management, design and construction of such building or other infrastructure, as the Minister of the Government concerned or the local authority, as the case may be, may from time to time designate.”.
num: 141
paragraphs: An tÃdarÃ¡s shall, from time to time, publish in such manner as it considers appropriate the names of the designated institutions of higher education and shall do so as soon as practicable after—
(a) a designation order is made, or
(b) a revocation order is made.
num: 142
paragraphs: (1) An tÃdarÃ¡s may provide assistance in accordance with this section to a designated institution of higher education following a request in writing for such assistance from the institution.
(2) The assistance that may be provided by An tÃdarÃ¡s to a designated institution of higher education under this section may comprise either of the following for such period as is agreed by the Chief Executive Officer with the institution:
(a) the appointment by the Chief Executive Officer of a person or persons, or of a body, to provide advice or assistance of a specialist nature to the institution;
(b) the issuing of guidance to the institution regarding a particular matter or matters.
(3) A person or persons, or a body, appointed under subsection (2)(a) by the Chief Executive Officer may—
(a) provide advice or assistance or make recommendations to the designated institution of higher education concerned regarding any matter relating to its functions or its viability,
(b) carry out an assessment of particular reports, financial plans, governance practices or the undertaking of particular functions and may, following such an assessment, make recommendations to the designated institution of higher education concerned with regard to the changes or improvements required to be made by it,
(c) agree with the designated institution of higher education concerned a plan of action to be implemented regarding any matter related to the performance of its functions or its viability,
(d) assess and monitor the implementation by the institution of higher education concerned of any recommendations made or plans agreed, or both, and
(e) prepare a report and submit it to the Chief Executive Officer regarding the assistance provided to, and the action taken by, the designated institution of higher education concerned.
num: 143
paragraphs: (1) An tÃdarÃ¡s may prepare or adopt and issue guidelines, codes or policies to designated institutions of higher education for any purpose relating to this Act and concerning—
(a) any matter or thing referred to in this Act or any other enactment, and
(b) the implementation of any policy or objective of the Minister or the Government.
(2) An tÃdarÃ¡s shall, for the purposes of the preparation or adoption of guidelines, codes or policies under subsection (1), consult with—
(a) the Minister,
(b) such other Ministers of the Government as it considers appropriate,
(c) designated institutions of higher education or their representative bodies,
(d) public research funders,
(e) national students’ unions, or
(f) such other body or person as it considers appropriate.
(3) The Minister may give a direction in writing to An tÃdarÃ¡s to prepare guidelines, codes or policies under subsection (1) and An tÃdarÃ¡s shall comply with the direction.
(4) An tÃdarÃ¡s shall send a copy of the guidelines, codes or policies under subsection (1) to the designated institutions of higher education.
(5) An tÃdarÃ¡s shall publish the guidelines, codes or policies prepared or adopted by it under this section in such manner as An tÃdarÃ¡s considers appropriate.
(6) The designated institutions of higher education shall report to An tÃdarÃ¡s annually or, as requested by An tÃdarÃ¡s, on the implementation of the guidelines, codes and policies prepared or adopted under subsection (1).
num: 144
paragraphs: A notice that is required to be sent or given to a person or body under this Act may be sent or given to the person in one of the following ways:
(a) by delivering it to the person or body;
(b) by addressing it to the person or body and leaving it at the address at which he or she ordinarily resides or is located or, in a case in which an address for service has been furnished, at that address;
(c) by sending it to the person or body by post in a prepaid registered letter to the address at which he or she ordinarily resides or is located or, in a case in which an address for service has been furnished, to that address; or
(d) by sending it by means of electronic mail to a device or facility for the reception of electronic mail located at the address at which the person resides or carries on business or the body carries on business or, if an address for the service of a notice has been furnished by the person or body, that address, but only if the recipient’s facility for the reception of electronic mail generates a message confirming a receipt of the electronic mail and the notice is also given in one of the other ways mentioned in any of the preceding paragraphs (a) to (c).
num: 145
paragraphs: Each provision of the enactments mentioned in column(2) of Schedule 4 is amended to the extent specified in column (3) of that Schedule opposite that mention.