Higher Education Authority Act 2022

In short

This law, the Higher Education Authority Act 2022, is about the Higher Education Authority (An tÚdarás) and its role in strategic planning, funding, and oversight of higher education in Ireland.

What it regulates

The continued existence and functions of An tÚdarás um Ard-Oideachas.
The strategic planning for tertiary education and the performance of higher education providers.
The provision of funding by An tÚdarás to higher education institutions.
The engagement with students, equity of access, participation, and lifelong learning in higher education.

Who it concerns

An tÚdarás um Ard-Oideachas (the Higher Education Authority).
Designated institutions of higher education and other higher education providers.

Key points

An tÚdarás has objects and functions related to higher education.
The Minister can give directions and issue guidelines to An tÚdarás.
An tÚdarás must prepare corporate and annual plans and provide accounts and annual reports.
Funding provided by An tÚdarás is subject to conditions, and compliance is assessed.

Legal text

Higher Education Authority Act 2022 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

ie)Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.
ie)Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(
s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2022 Higher Education Authority Act 2022 Higher Education Authority Act 2022 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 31 of 2022 HIGHER EDUCATION AUTHORITY ACT 2022 CONTENTS PART 1 Preliminary and general Section 1. Short title and commencement 2. Interpretation 3. Regulations and orders 4. Expenses 5. Repeals, revocations and savers 6. Offences PART 2 An tÚdarás um Ard-Oideachas Chapter 1 Continuance in being and functions of An tÚdarás 7. An tÚdarás um Ard-Oideachas 8. Objects of An tÚdarás 9. Functions of An tÚdarás 10. Consultants and advisers Chapter 2 Ministerial powers and information 11. Power of Minister to give directions to An tÚdarás 12. Power of Minister to issue guidelines to An tÚdarás 13. Reports and information to Minister 14. Advice to Minister Chapter 3 Board of An tÚdarás 15. Board of An tÚdarás 16. Membership of Board of An tÚdarás Chapter 4 Administrative co-operation with other bodies 17. Administrative co-operation with other bodies 18. Co-operation between An tÚdarás and An tSeirbhís regarding apprenticeships Chapter 5 Funding and accountability of An tÚdarás 19. Advances to An tÚdarás 20. Corporate plan of An tÚdarás 21. Annual plan of An tÚdarás 22. Accounts of An tÚdarás 23. Annual report of An tÚdarás 24. Gifts to An tÚdarás Chapter 6 Chief Executive Officer 25. Chief Executive Officer 26. Functions of Chief Executive Officer 27. Accountability of Chief Executive Officer to Public Accounts Committee 28. Accountability of Chief Executive Officer to other Oireachtas committees Chapter 7 Staff of An tÚdarás 29. Staff of An tÚdarás 30. Existing staff of An tÚdarás 31. Superannuation for members of staff of An tÚdarás 32. Prohibition on unauthorised disclosure by members of staff of An tÚdarás of confidential information PART 3 Strategic planning for tertiary education and provision of funding for higher education Chapter 1 Strategic planning for tertiary education and performance of higher education providers 33. Strategy for tertiary education 34. Planning for provision of higher education 35. Performance framework 36. Performance agreements with designated institutions of higher education Chapter 2 Provision of funding by An tÚdarás 37. Provision of funding by An tÚdarás 38. Conditions of funding 39. Information from other bodies relating to funding 40. Compliance with conditions of funding 41. Directions of Chief Executive Officer following assessment of compliance with conditions of funding 42. Remedial and other measures following assessment of compliance with conditions of funding PART 4 Students 43. Engagement with students 44. National student engagement 45. Student surveys PART 5 Access, participation and lifelong learning 46. Equity of access, participation and promotion of success 47. Lifelong and flexible learning PART 6 Data protection 48. Supply of non-personal data 49. Supply of personal data 50. Furnishing of non-personal data 51. Furnishing of personal data 52. Research by An tÚdarás PART 7 Designated institutions of higher education Chapter 1 Designated institutions of higher education 53. Designated institutions of higher education Chapter 2 Designation by order of certain higher education providers as designated institutions of higher education 54. Designation by order of higher education provider as designated institution of higher education 55. Conditions to be complied with for making of designation order 56. Continuing obligation to comply with conditions for designation 57. Review of compliance with conditions for designation 58. Directions of An tÚdarás following review of compliance with conditions for designation 59. Revocation of designation order 60. Use of title “designated institution of higher education” Chapter 3 Obligations of certain designated institutions of higher education and higher education providers 61. Strategic development plan of certain designated institutions of higher education 62. Equality statement of certain designated institutions of higher education 63. Accounts of certain higher education providers PART 8 Oversight by An tÚdarás of designated institutions of higher education 64. Review of matter and report to An tÚdarás 65. Determination of matter by Chief Executive Officer 66. Remedial and other measures 67. Furnishing of information to other bodies 68. Appointment of reviewer of designated institution of higher education PART 9 Appeals 69. Appeals board 70. Determination of appeal by appeals board 71. Appeal procedures PART 10 Amendments of Universities Act 1997 72. Amendment of section 4

(1)of Act of 1997

Composition of governing authority of university
Provisions relating to Trinity College, Dublin
Chairperson of governing authority
Amendment of section 18 of Act of 1997
Review of matter and report by governing authority of university
Transitional arrangements for membership and chairperson of governing authority
Amendment of section 33

(2)of Act of 1997

Amendment of section 34 of Act of 1997
Amendment of section 36 of Act of 1997
Amendment of section 37 of Act of 1997
Amendment of Third Schedule to Act of 1997
Amendment of Fourth Schedule to Act of 1997 PART 11 Amendment of Technological Universities Act 2018
Amendment of section 2 of Act of 2018
Amendment of section 3 of Act of 2018
Amendment of section 7 of Act of 2018
Amendment of section 8

(1)of Act of 2018

Amendment of section 11 of Act of 2018
Membership of governing body of technological university
Transitional arrangements for membership and chairperson of governing body
Amendment of section 18 of Act of 2018
Amendment of section 19 of Act of 2018
Amendment of section 22

(3)of Act of 2018

Amendment of section 25 of Act of 2018
Review of matter and report by governing body of technological university
Joint application of higher education provider and technological university
Amendment of section 45

(1)of Act of 2018

Amendment of section 47 of Act of 2018
Amendment of section 59 of Act of 2018
Amendment of section 60 of Act of 2018
Amendment of section 61 of Act of 2018
Amendment of section 62 of Act of 2018
Amendment of Schedule 1 to Act of 2018
Application deemed to be made under Chapter 12 of Part 2 of Act of 2018 in certain circumstances PART 12 Amendment of Regional Technical Colleges Act 1992 and Regional Technical Colleges (Amendment) Act 1994
Amendment of section 2 of Act of 1992
Amendment of section 3

(5)of Act of 1992 108. Amendment of section 5

(1)of Act of 1992

Governing bodies of colleges
Transitional arrangements for membership and chairperson of governing bodies
Amendment of section 7 of Act of 1992
Amendment of section 21C of Act of 1992
Amendment of section 21D of Act of 1992
Review of matter and report by governing body of college
Amendment of Second Schedule to Act of 1992
Amendment of section 2

(1)of Regional Technical Colleges (Amendment) Act 1994 PART 13 Amendment of National College of Art and Design Act 1971 117. Amendment of section 1

(1)of Act of 1971 118. Amendment of section 4

(2)of Act of 1971

Amendment of section 5 of Act of 1971
Academic freedom
Amendment of section 7 of Act of 1971
Amendment of section 10 of Act of 1971
Amendment of section 13 of Act of 1971
Amendment of section 15 of Act of 1971
Review of matter and report by An Bord
Amendment of section 17 of Act of 1971
Academic council of college and its functions
Strategic development plan of College
Equality statement of College
Provisions relating to Director of College PART 14 Amendment of Housing Finance Agency Act 1981
Amendment of Housing Finance Agency Act 1981 PART 15 Amendment of Student Support Act 2011 and related provisions
Awarding and payment of bursaries and scholarships to students
Amendment of section 2 of Act of 2011
Amendment of section 12 of Act of 2011
Amendment of section 28 of Act of 2011
Schedule 3 to Act of 2011 PART 16 Amendment of Industrial Training Act 1967
Amendment of section 2 of Industrial Training Act 1967
Amendment of section 23

(2)of Industrial Training Act 1967 PART 17 Amendment of Social Welfare Consolidation Act 2005

Amendment of section 266 of Social Welfare Consolidation Act 2005 PART 18 Amendment of National Treasury Management Agency (Amendment) Act 2014
Amendment of section 26

(1)of National Treasury Management Agency (Amendment) Act 2014 PART 19 Miscellaneous provisions

Names of designated institutions of higher education
Provision of assistance by An tÚdarás
Guidelines, codes and policies
Service of notices
Consequential amendments of enactments SCHEDULE 1 Part 1 Enactments Repealed Part 2 Enactments Revoked SCHEDULE 2 Board of An tÚdarás SCHEDULE 3 Superannuation SCHEDULE 4 Consequential amendments of enactments Acts Referred to Charities Act 2009 (No. 6) Child and Family Agency Act 2013 (No. 40) Companies Act 1990 (No. 33) Companies Act 2014 (No. 38) Comptroller and Auditor General (Amendment) Act 1993 (No. 8) Data Protection Act 2018 (No. 7) Data Sharing and Governance Act 2019 (No. 5) Dublin City University Act 1989 (No. 15) Education and Training Boards Act 2013 (No. 11) Ethics in Public Office Act 1995 (No. 22) European Parliament Elections Act 1997 (No. 2) Gaeltacht Act 2012 (No. 34) Higher Education Authority Act 1971 (No. 22) Housing Finance Agency Act 1981 (No. 37) Industrial Training Act 1967 (No. 5) Institutes of Technology Acts 1992 to 2006 Local Government Act 2001 (No. 37) National College of Art and Design Act 1971 (No. 28) National Treasury Management Agency (Amendment) Act 2014 (No. 23) Protected Disclosures Act 2014 (No. 14) Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (No. 37) Qualifications and Quality Assurance (Education and Training) Act 2012 (No. 28) Regional Technical Colleges (Amendment) Act 1994 (No. 29) Regional Technical Colleges Act 1992 (No. 16) Social Welfare Consolidation Act 2005 (No. 26) Student Support Act 2011 (No. 4) Technological Universities Act 2018 (No. 3) The Trinity College, Dublin (Charters and Letters Patent Amendment) Act 2000 (No. 1) (Private) Universities Act 1997 (No. 24) University of Limerick Act 1989 (No. 14) Number 31 of 2022 HIGHER EDUCATION AUTHORITY ACT 2022 An Act to provide for changes to the functions and governance of An tÚdarás um Ard‑Oideachas and the oversight by it of higher education providers which are designated institutions of higher education under this Act; to provide for the preparation, review and amendment of a strategy for tertiary education; to provide for better engagement with students and equity of access to, and participation and the promotion of success in, higher education and lifelong and flexible learning; to provide for the designation of certain higher education providers as designated institutions of higher education and, if appropriate, the removal of such designation in certain circumstances; to amend the provisions regarding the composition of the governing authorities or governing bodies of certain designated institutions of higher education, including the Supplemental Letters Patent of 1911 in respect of Trinity College, Dublin; for those purposes, to repeal and replace the Higher Education Authority Act 1971 and to amend the Universities Act 1997 , the Technological Universities Act 2018 , the Regional Technical Colleges Act 1992 , the Regional Technical Colleges (Amendment) Act 1994 , the National College of Art and Design Act 1971 , the Housing Finance Agency Act 1981 , the Student Support Act 2011 , the Industrial Training Act 1967 , the Social Welfare Consolidation Act 2005 , the Qualifications and Quality Assurance (Education and Training) Act 2012 and the National Treasury Management Agency (Amendment) Act 2014 ; and to provide for related matters. [12th October, 2022] Be it enacted by the Oireachtas as follows: PART 1 Preliminary and general Short title and commencement 1.

(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.

(3)An order under subsection

(2)may, in respect of the repeal of the enactments specified in Schedule 1 effected by section 5

(1), appoint different days for the repeal of different enactments or different provisions of them. Interpretation 2.

(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 tSeirbhís” means An tSeirbhís Oideachais Leanúnaigh agus Scileanna; “An tÚdarás” means An tÚdarás 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 tÚdarás; “bodies seeking funding” has the meaning assigned to it by section 37

(1); “Chief Executive Officer”, in relation to An tÚdarás, 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. Regulations and orders 3.

(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. Expenses 4. 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. Repeals, revocations and savers 5.

(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).

(3)A superannuation scheme made under section 15 of the Higher Education Authority Act 1971 that was in force immediately before the coming into operation of subsection

(1)insofar as that subsection relates to the repeal of that section of that Act shall continue in force on and after that coming into operation as if the scheme had been made under section 31 and Schedule 3 . Offences 6.

(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 tÚdarás, including where such an offence is committed by a member of the Board. PART 2 An tÚdarás um Ard-Oideachas Chapter 1 Continuance in being and functions of An tÚdarás An tÚdarás um Ard-Oideachas 7.

(1)Notwithstanding the repeal of the Higher Education Authority Act 1971 by section 5

(1)— (

a)the body known as An tÚdarás um Ard-Oideachas (in this Act referred to as “An tÚdarás”) 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 tÚdarás after that repeal as if that Act had not been repealed.

(2)An tÚdarás 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 tÚdarás 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 tÚdarás authorised by the Board to act in that behalf.

(4)Judicial notice shall be taken of the seal of An tÚdarás and, accordingly, any document— (

a)purporting to be an instrument made by An tÚdarás, and (
b)purporting to be sealed with the seal of An tÚdarás 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. Objects of An tÚdarás 8.

(1)An tÚdarás 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 tÚdarás 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. Functions of An tÚdarás 9.

(1)The functions of An tÚdarás shall be to— (

a)promote the objects of An tÚdarás, (
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 tÚdarás 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 tSeirbhís, 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 tÚdarás 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 tÚdarás 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 tSeirbhís 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 co‑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 tÚdarás, 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 tÚdarás shall have all such powers as are necessary or expedient for the performance by it of its functions.

(3)An tÚdarás may perform any of its functions through or by any member of the staff of An tÚdarás authorised in that behalf by An tÚdarás.

(4)An tÚdarás may perform any of its functions through or by any other persons authorised in that behalf by An tÚdarás. Consultants and advisers 10.

(1)An tÚdarás may appoint such consultants and advisers as it considers necessary for the performance of its functions.

(2)An tÚdarás 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 tÚdarás. Chapter 2 Ministerial powers and information Power of Minister to give directions to An tÚdarás 11.

(1)The Minister may give a direction in writing to An tÚdarás 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 tÚdarás shall comply with a direction given by the Minister under this section.

(3)An tÚdarás shall, within the time specified by the Minister in a direction, inform the Minister of the measures taken by An tÚdarás 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). Power of Minister to issue guidelines to An tÚdarás 12.

(1)The Minister may issue guidelines in writing to An tÚdarás 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 tÚdarás under section 20 .

(3)In performing its functions under this Act, An tÚdarás 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. Reports and information to Minister 13. An tÚdarás 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 tÚdarás. Advice to Minister 14.

(1)An tÚdarás may provide advice to the Minister on any matter related to the performance of its functions.

(2)An tÚdarás 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. Chapter 3 Board of An tÚdarás Board of An tÚdarás 15.

(1)An tÚdarás shall have a Board (in this Act referred to as the “Board”) established under this Act to perform the functions of An tÚdarás.

(2)Schedule 2 shall apply to the Board.

(3)The Board shall— (

a)oversee the preparation and adoption of the corporate plan of An tÚdarás under section 20 and the annual plan of An tÚdarás under section 21 and their submission to the Minister, (
b)satisfy itself that appropriate systems, procedures and practices are in place— (
i)to achieve the objects of An tÚdarás, (
ii)for the internal performance management and accountability of An tÚdarás in respect of— (I) the performance of its functions, (II) the achievement of the objectives in the corporate plan under section 20 , and (III) the achievement of the performance targets in the annual plan under section 21 , and (iii) in order to enable compliance with the policies (whether contained in guidelines, codes or other documents, or any combination of them) of the Government or a Minister of the Government to the extent that those policies may affect or relate to the functions of An tÚdarás, and (
c)establish and implement arrangements for the management of the performance of the Chief Executive Officer.

(4)The Board is accountable to the Minister for the performance of its functions under subsections

(1)and

(3).

(5)The Board may delegate in writing to the Chief Executive Officer any of the functions of An tÚdarás or the Board other than the functions referred to in subsection

(3).

(6)If a function of An tÚdarás or the Board is delegated to the Chief Executive Officer under subsection

(5), the delegation remains in force until the Board revokes the delegation by notice in writing given to that Officer.

(7)The Board shall notify the Minister in writing of any delegation made under subsection

(5)and of any revocation of such delegation under subsection

(6). Membership of Board of An tÚdarás 16.

(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 tÚdarás 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 tÚdarás 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 tÚdarás for a cumulative period of more than 8 years. Chapter 4 Administrative co-operation with other bodies Administrative co-operation with other bodies 17.

(1)An tÚdarás shall, in so far as it is consistent with the proper performance of its functions, endeavour to secure administrative co-operation between An tÚdarás 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 tÚdarás 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 tÚdarás 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 tÚdarás 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 tÚdarás or a body to which this section applies.

(5)An tÚdarás 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 tÚdarás to provide information to any other body to which this section applies if the disclosure of that information by An tÚdarás 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 tÚdarás 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 tSeirbhís, (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. Co-operation between An tÚdarás and An tSeirbhís regarding apprenticeships 18.

(1)An tÚdarás may enter into an agreement under section 17 with An tSeirbhís 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. Chapter 5 Funding and accountability of An tÚdarás Advances to An tÚdarás 19. In each financial year, the Minister shall advance to An tÚdarás 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 tÚdarás in the performance of its functions. Corporate plan of An tÚdarás 20.

(1)An tÚdarás 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 tÚdarás, (
b)include a review and evaluation of the work of An tÚdarás 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 tÚdarás.

(3)When preparing the corporate plan, An tÚdarás— (

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 tÚdarás.

(5)An approved corporate plan may be amended by— (

a)the Minister at any time, or (
b)An tÚdarás, where— (
i)An tÚdarás 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 tÚdarás 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 tÚdarás 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. Annual plan of An tÚdarás 21.

(1)An tÚdarás shall prepare and submit to the Minister, not later than 28 days following notification of the amount to be advanced to An tÚdarás 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 tÚdarás 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 tÚdarás 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 tÚdarás 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 tÚdarás.

(3)In preparing the annual plan, An tÚdarás 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 tÚdarás concerning the preparation of the annual plan.

(5)An tÚdarás 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 tÚdarás 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 tÚdarás under subsection

(5), the Minister shall give his or her reasons in writing for the direction.

(7)An tÚdarás shall comply with a direction under subsection

(5)within the period, if any, specified in the direction.

(8)An tÚdarás 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 tÚdarás 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 . Accounts of An tÚdarás 22.

(1)An tÚdarás 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 tÚdarás 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 tÚdarás 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. Annual report of An tÚdarás 23.

(1)An tÚdarás 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 tÚdarás during the period to which it relates and, subject to section 21

(9), such other information in such form as An tÚdarás 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 tÚdarás shall arrange for the annual report to be published in such manner as An tÚdarás considers appropriate. Gifts to An tÚdarás 24.

(1)An tÚdarás 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 tÚdarás shall not accept a gift if the trusts or conditions attaching to it would be inconsistent with its functions. Chapter 6 Chief Executive Officer Chief Executive Officer 25.

(1)An tÚdarás 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 tÚdarás may continue in office as the Chief Executive Officer of An tÚdarás 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. Functions of Chief Executive Officer 26.

(1)The Chief Executive Officer shall carry on and manage, and control generally, the administration and business of An tÚdarás 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 tÚdarás 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 tÚdarás 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 tÚdarás, 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). Accountability of Chief Executive Officer to Public Accounts Committee 27.

(1)The Chief Executive Officer shall, whenever required in writing to do so by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann 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 tÚdarás is required by this Act to prepare, (
b)the economy and efficiency of An tÚdarás in the use of its resources, (
c)the systems, procedures and practices employed by An tÚdarás for the purpose of evaluating the effectiveness of its operations, and (
d)any matter affecting An tÚdarás 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 Dáil Éireann.

(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. Accountability of Chief Executive Officer to other Oireachtas committees 28.

(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 tÚdarás.

(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 Dáil Éireann or the Committee on Members’ Interests of Seanad Éireann), or (
b)a sub-committee of a committee falling under paragraph (a). Chapter 7 Staff of An tÚdarás Staff of An tÚdarás 29.

(1)An tÚdarás 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 tÚdarás as it may determine.

(2)The staff of An tÚdarás shall be employed on such terms and conditions as may be determined by An tÚdarás 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 tÚdarás 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 tÚdarás is— (

a)nominated as a member of Seanad Éireann, (
b)elected as a member of either House of the Oireachtas or to be a member of the European Parliament, or (
c)regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to that Parliament, he or she shall, thereupon, stand seconded from employment by An tÚdarás and shall not be paid by, or be entitled to receive from, An tÚdarás any remuneration or allowances for expenses in respect of the period commencing on such nomination or election or when he or she is so regarded as having been elected, as the case may be, and ending when such person ceases to be a member of either such House or a member of such Parliament.

(5)A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a member of the European Parliament shall, while he or she is so entitled or is such a member, be disqualified from employment by An tÚdarás.

(6)A period mentioned in subsection

(4)shall not, for the purposes of any superannuation benefit, be reckoned as service with An tÚdarás. Existing staff of An tÚdarás 30. Notwithstanding the repeal of the Higher Education Authority Act 1971 by section 5

(1), a person who was an officer or servant of An tÚdarás 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 tÚdarás— (a) as if, on that commencement, An tÚdarás had appointed under section 29

(1)the person to be a member of the staff of An tÚdarás 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. Superannuation for members of staff of An tÚdarás 31.

(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 tÚdarás, shall, on his or her appointment as a member of the staff of An tÚdarás, 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.

(3)An tÚdarás may prepare and submit to the Minister a scheme amending or revoking a scheme previously submitted and approved under section 15 of the Higher Education Authority Act 1971 and the amended scheme shall be made in accordance with Schedule 3 .

(4)An tÚdarás may prepare and submit to the Minister a scheme amending or revoking a scheme previously submitted and approved under this section and Schedule 3 and the amended scheme shall be made in accordance with that Schedule.

(5)In this section “relevant superannuation scheme” means a scheme made under section 15 of the Higher Education Authority Act 1971 as amended from time to time by the Minister, with the consent of the Minister for Public Expenditure and Reform, and continued in force under section 5

(3). Prohibition on unauthorised disclosure by members of staff of An tÚdarás of confidential information 32.

(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 tÚdarás, or a member of the staff of such an adviser or consultant, unless he or she is authorised by An tÚdarás 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 tÚdarás, (
b)by or on behalf of An tÚdarás 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 tÚdarás 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 tÚdarás by contractors, consultants or any other person. PART 3 Strategic planning for tertiary education and provision of funding for higher education Chapter 1 Strategic planning for tertiary education and performance of higher education providers Strategy for tertiary education 33.

(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 tÚdarás, (
c)An tSeirbhís, (
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. Planning for provision of higher education 34.

(1)An tÚdarás shall plan for the provision of higher education in the State by maintaining an on-going review of the demand for it.

(2)An tÚdarás 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 tÚdarás considers appropriate, (
b)An tSeirbhís, (
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 tÚdarás 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 tÚdarás 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. Performance framework 35.

(1)An tÚdarás 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 tÚdarás 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 tÚdarás considers appropriate.

(3)A performance framework shall specify the following: (

a)priorities and outcomes at a national level that An tÚdarás, 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 tÚdarás 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 tÚdarás 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 tÚdarás 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 tÚdarás shall submit the report under subsection

(6)to the Minister and may publish the report in such manner as An tÚdarás considers appropriate. Performance agreements with designated institutions of higher education 36.

(1)An tÚdarás 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 tÚdarás 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 tÚdarás 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 tÚdarás 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). Chapter 2 Provision of funding by An tÚdarás Provision of funding by An tÚdarás 37.

(1)An tÚdarás may, in accordance with this Chapter, provide funding from moneys provided to An tÚdarás 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 tÚdarás: (

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 tÚdarás, and, if any such institution, provider, person or body seeking funding receives, or has received, funding from An tÚdarás, it shall in this Act be referred to as a “funded body”.

(2)An tÚdarás 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 tÚdarás provided for in this Act and in accordance with any directions given to it by the Minister.

(3)An tÚdarás 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 tÚdarás 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 tÚdarás in any financial year.

(7)In this section— “services that are consistent with the functions of An tÚdarás” 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 tÚdarás, specifies as a person or body to which subsection

(1)(c) applies. Conditions of funding 38.

(1)Funding that is provided by An tÚdarás 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 tÚdarás 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 tÚdarás 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. Information from other bodies relating to funding 39. 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 . Compliance with conditions of funding 40.

(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 tÚdarás 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 . Directions of Chief Executive Officer following assessment of compliance with conditions of funding 41.

(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. Remedial and other measures following assessment of compliance with conditions of funding 42.

(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 tÚdarás 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 tÚdarás under section 37 ; (
d)the withholding of funding due to be paid to that body by An tÚdarás under section 37 ; (
e)the refund by that body of funding paid to it by An tÚdarás 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. PART 4 Students Engagement with students 43.

(1)Notwithstanding the role and responsibility of designated institutions of higher education to engage with the students of their respective institutions, An tÚdarás 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 tÚdarás 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. National student engagement 44.

(1)An tÚdarás 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 tÚdarás 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 tÚdarás shall consider the outcome of the engagement provided for in subsection

(1)in the performance of its functions. Student surveys 45.

(1)An tÚdarás 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 tÚdarás, 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 tÚdarás 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 . PART 5 Access, participation and lifelong learning Equity of access, participation and promotion of success 46.

(1)An tÚdarás 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 tÚdarás 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 tÚdarás 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 tSeirbhís, (
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 tÚdarás 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 tÚdarás.

(7)An tÚdarás shall publish the approved plan as soon as practicable after its approval by the Minister in such manner as An tÚdarás considers appropriate.

(8)An tÚdarás 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 tÚdarás 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 tÚdarás 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 tÚdarás 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 tÚdarás considers appropriate.

(13)An tÚdarás 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 tÚdarás 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 tÚdarás with or without modifications.

(16)An tÚdarás 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. Lifelong and flexible learning 47.

(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 tÚdarás 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 tÚdarás 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. PART 6 Data protection Supply of non-personal data 48.

(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 tÚdarás any non-personal data requested by An tÚdarás, 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 tÚdarás to perform its functions.

(2)The non-personal data that An tÚdarás 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 tÚdarás.

(3)If a designated institution of higher education or a funded body fails or refuses to provide the data requested under subsection

(1), An tÚdarás 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 tÚdarás 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 tÚdarás may publish the data obtained by it under this section in such form and manner as it considers appropriate. Supply of personal data 49.

(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 tÚdarás, 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 tÚdarás, which are necessary and proportionate for An tÚdarás 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 tÚdarás 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 tÚdarás 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 tÚdarás 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 tÚdarás may, by notice in writing, amend or revoke a direction under this section.

(1)An tÚdarás 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 tSeirbhís and Science Foundation Ireland, or (
d)such other body as An tÚdarás 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 tÚdarás. Furnishing of personal data 51.

(1)Subject to the Data Protection Regulation, the Data Protection Act 2018 , the Data Sharing and Governance Act 2019 and subsection

(3), An tÚdarás 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 tSeirbhís, Science Foundation Ireland and such other body as An tÚdarás 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 tÚdarás.

(3)The personal data that may be shared under subsections

(1)and

(2)shall be for the purpose of performing the functions of An tÚdarás under paragraphs (b), (c), (d), (j), (k), (n) and (u) of section 9

(1). Research by An tÚdarás 52.

(1)An tÚdarás may conduct studies and research on any issue related to the performance of its functions.

(2)An tÚdarás 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 tÚdarás 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 tÚdarás in relation to any study or research undertaken under subsection

(1).

(5)An tÚdarás may publish reports of such studies and research conducted under this section in such form and manner as it considers appropriate. PART 7 Designated institutions of higher education Chapter 1 Designated institutions of higher education Designated institutions of higher education 53.

(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 . Chapter 2 Designation by order of certain higher education providers as designated institutions of higher education Designation by order of higher education provider as designated institution of higher education 54.

(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 tÚdarás 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 tÚdarás may direct.

(4)An tÚdarás 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 tÚdarás 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 tÚdarás under subsection

(4)(a) and shall provide the information requested by An tÚdarás from the provider within such period as may be specified in the notice.

(6)An tÚdarás 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 tÚdarás 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 tÚdarás 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 tÚdarás 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 tÚdarás as respects a higher education provider whose name was submitted to him or her by An tÚdarás 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 tÚdarás 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). Conditions to be complied with for making of designation order 55.

(1)The Minister shall, as soon as practicable after the commencement of section 7 and following consultation with An tÚdarás, 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 tÚdarás 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 tÚdarás.

(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. Continuing obligation to comply with conditions for designation 56.

(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 tÚdarás 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 . Review of compliance with conditions for designation 57.

(1)An tÚdarás shall, as soon as practicable after the commencement of section 7 , establish procedures for the review by An tÚdarás 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 tÚdarás 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 tÚdarás 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 tÚdarás 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 tÚdarás considers appropriate.

(3)Where a review under subsection

(2)is being conducted, An tÚdarás 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 tÚdarás within such period as is specified in the notice.

(4)An tÚdarás shall prepare a report setting out the outcome of a review under subsection

(2).

(5)An tÚdarás 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 tÚdarás.

(6)After consideration of any observations submitted to An tÚdarás under subsection

(5), An tÚdarás may make any amendments to the report that An tÚdarás considers appropriate.

(7)An tÚdarás 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). Directions of An tÚdarás following review of compliance with conditions for designation 58.

(1)Where An tÚdarás 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 tÚdarás with information when requested to

AI explanation based on the official legal text. Indicative, not a substitute for legal advice.