(3)A higher education provider issued with a direction under subsection (1) shall provide An tÚdarás with information when requested to do so by An tÚdarás regarding compliance by that higher education provider with the direction.
\n
Revocation of designation order 59. (1) Where— (a) the Minister is satisfied that a higher education provider, in respect of which a designation order is in force, is not complying with the conditions for designation prescribed under section 55 , or (b) a higher education provider in respect of which a designation order is in force applies under subsection (15) to have that order revoked, the Minister may, in accordance with this section, make an order revoking the designation order in respect of the higher education provider (in this section referred to as a “revocation order”).
\n
(2)Subject to subsections (3) to (10), if An tÚdarás is of opinion that a higher education provider, in respect of which a designation order is in force, is no longer complying with the conditions for designation prescribed under section 55 , An tÚdarás shall inform the Minister of that opinion, and the reasons for that opinion, with a view to a revocation order being made by the Minister in respect of that provider.
\n
(3)An tÚdarás shall provide such further information as the Minister may request in respect of a higher education provider referred to in subsection (2).
\n
(4)Where, following a review under section 57 , An tÚdarás considers that— (a) directions issued by it under section 58 to a higher education provider in respect of which a designation order is in force have not been complied with, or (b) whether or not such directions have been issued, there are serious deficiencies in the continued compliance by a higher education provider in respect of which a designation order is in force with the conditions for designation prescribed under section 55 , An tÚdarás shall consider in accordance with this section whether there are grounds for the making by the Minister of a revocation order in respect of that provider.
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(5)An tÚdarás may, for the purpose of performing its functions under this section as respects a higher education provider in respect of which a designation order is in force— (a) request by notice in writing to the provider such information as it may require, and (b) may request from, use and rely on information provided by such bodies as An tÚdarás considers appropriate, including but not limited to the Qualifications and Quality Assurance Authority of Ireland, as respects the provider.
\n
(6)A higher education provider shall comply with a notice from An tÚdarás under subsection (5)(a) requesting information from the provider within such period as may be specified in the notice.
\n
(7)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 the higher education provider’s continued compliance with the conditions prescribed under section 55 for designation as a designated institution of higher education.
\n
(8)Where An tÚdarás is of opinion that a higher education provider, in respect of which a designation order is in force, is not complying with the conditions prescribed under section 55 for designation, it shall, by notice in writing to the higher education provider, inform the provider that An tÚdarás proposes to seek to have a revocation order made by the Minister in respect of it and shall state the reasons for its opinion.
\n
(9)A notice under subsection (8) shall state that the higher education provider concerned may make representations to An tÚdarás in relation to the reasons for the proposed revocation that are stated in the notice not later than 30 days after the service of the notice on the provider.
\n
(10)Where, after consideration of the representations (if any) made to An tÚdarás in accordance with subsection (9), An tÚdarás decides, for the reasons stated in the notice under subsection (8), to proceed to seek the making by the Minister of a revocation order in respect of the higher education provider concerned, An tÚdarás shall inform the provider by notice in writing of that decision.
\n
(11)Where the Minister is informed by An tÚdarás of its decision under subsection (10), the Minister may, having considered the information provided to him or her by An tÚdarás under this section (including the representations, if any, made under subsection (9)) and having consulted with An tÚdarás as respects the higher education provider concerned, decide to make or to refuse to make a revocation order in respect of that provider and, where the Minister decides to make such an order, the Minister shall, subject to subsection (13), make the order accordingly.
\n
(12)Where the Minister decides under subsection (11) to make a revocation order in respect of a higher education provider, the Minister shall, by notice in writing, inform that provider of that decision as soon as may be after it is made and of the date the Minister proposes to specify in the revocation order as the date on which the order shall come into operation.
\n
(13)Where the Minister makes a decision to make a revocation order in respect of a higher education provider under subsection (11) (other than a case to which subsection (1)(b) applies), the higher education provider may, in accordance with section 69 , appeal against that decision within the prescribed period after the service of the notice under subsection (12).
\n
(14)Unless, within the foregoing period, an appeal in accordance with section 69 against the decision of the Minister referred to in subsection (11), the Minister shall make the revocation order in respect of the higher education provider concerned.
\n
(15)(a) A higher education provider in respect of which a designation order is in force may apply to An tÚdarás to have a revocation order made in respect of it. (b) An tÚdarás shall inform the Minister of an application under paragraph (a) and the Minister shall, by notice in writing, inform the provider of his or her intention to make a revocation order and of the date the Minister proposes to specify in the revocation order as the date on which the order shall come into operation. (c) The Minister shall make a revocation order accordingly in respect of the higher education provider referred to in this subsection.
\n
Use of title “designated institution of higher education”
\n
60.(1) A designated institution of higher education may use the title “designated institution of higher education” to describe itself.
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(2)A body which is not a designated institution of higher education shall not use the title “designated institution of higher education” to describe itself.
\n
(3)An tÚdarás may apply to the High Court for an injunction to restrain any person from using the title “designated institution of higher education” in contravention of subsection (2).
\n
Chapter 3
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Obligations of certain designated institutions of higher education and higher education providers Strategic development plan of certain designated institutions of higher education 61. (1) This section applies to a designated institution of higher education referred to in paragraphs (a)(vi) or (b) of section 53
\n
(1).
\n
(2)A designated institution of higher education to which this section applies shall, as soon as practicable after the designation order is made or at a time that is agreed with An tÚdarás, prepare a plan (in this section called a “strategic development plan”) for the period specified in the plan, being a period of not more than 5 years from the date the plan is prepared.
\n
(3)A designated institution of higher education to which this section applies shall prepare each subsequent strategic development plan not later than 3 months after the expiration of the period specified in the previous strategic development plan.
\n
(4)A designated institution of higher education to which this section applies shall, for the purpose of preparing a strategic development plan, consult with the following: (a) the Minister; (b) such Ministers of the Government as the institution considers appropriate; (c) An tÚdarás; (d) students or the students’ unions of the institution; (e) employees of the institution; (f) the academic council of the institution; (g) such education and training boards as the institution considers appropriate; (h) a local authority (within the meaning of the Local Government Act 2001 ) in whose functional area the campus of the institution is located; (i) such other body or person as the institution considers appropriate.
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(5)A strategic development plan shall specify— (a) the objectives of the designated institution of higher education to which this section applies for the period specified in the plan and the strategies for achieving those objectives, (b) the purposes for which the institution proposes to use its resources, (c) how the institution shall comply with any requirements imposed on it under this Act, including requirements in relation to governance and conditions related to funding, (d) the plans of the institution to provide programmes of education and training and to promote excellent research that meet the needs of individuals, business, enterprise, the professions, the community and other stakeholders in the region in which the institution is located, (e) the plans of the institution to develop and promote strong social, cultural and Irish language links, and links supporting creativity, between the institution and the community in the region in which the institution is located, (f) the manner in which the plan relates to any performance agreement in place under section 36 , and (g) any other requirement specified by An tÚdarás.
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(6)A strategic development plan prepared by a designated institution of higher education to which this section applies shall be in such form as An tÚdarás may direct.
\n
(7)A designated institution of higher education to which this section applies shall provide a copy of the strategic development plan to An tÚdarás and shall publish it in such manner as it considers appropriate.
\n
Equality statement of certain designated institutions of higher education 62. (1) This section applies to a designated institution of higher education referred to in paragraph (a)(vi) or (b) of section 53
\n
(1).
\n
(2)A designated institution of higher education to which this section applies shall, as soon as practicable after the designation order is made or at a time agreed with An tÚdarás, prepare a statement (in this section referred to as an “equality statement”) for the period specified in the statement, being a period of not more than 5 years from the date the statement is prepared.
\n
(3)A designated institution of higher education to which this section applies shall prepare each subsequent equality statement not later than 3 months after the expiration of the period specified in the previous equality statement.
\n
(4)A designated institution of higher education to which this section applies shall, for the purpose of preparing an equality statement, consult with the following: (a) the Minister; (b) such Ministers of the Government as the institution considers appropriate; (c) An tÚdarás; (d) students or the students’ unions of the institution; (e) employees of the institution; (f) the academic council of the institution; (g) such education and training boards as the institution considers appropriate; (h) a local authority (within the meaning of the Local Government Act 2001 ) in whose functional area the campus of the institution is located; (i) such other body or person as the institution considers appropriate.
\n
(5)An equality statement of a designated institution of higher education to which this section applies shall specify— (a) the policy of the institution for enabling access to it, and the education it provides, by students in priority groups and persons in those groups seeking to become students, (b) the policy of the institution relating to equality, including gender equality, in all activities of the institution, and (c) the manner in which the plan relates to any strategic development plan under section 61 , and any performance agreement in place under section 36 , in relation to the institution.
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(6)A designated institution of higher education to which this section applies shall implement the policies set out in the equality statement prepared by it under this section.
\n
(7)A designated institution of higher education to which this section applies shall provide a copy of the equality statement to An tÚdarás and shall publish it in such manner as it considers appropriate.
\n
Accounts of certain higher education providers 63. (1) This section applies to— (a) a designated institution of higher education referred to in paragraph (a)(vi) or (b) of section 53
\n
(1), or (b) a higher education provider which is not a designated institution of higher education that receives, or has received, funding from An tÚdarás under section 37 .
\n
(2)A designated institution of higher education or a higher education provider to which this section applies shall keep, in such form as An tÚdarás may approve, all proper and usual accounts and records of all moneys received or expended by it, including an income and expenditure account and a balance sheet and such special accounts as An tÚdarás may from time to time direct.
\n
(3)A designated institution of higher education or a higher education provider to which this section applies shall submit accounts kept under subsection (2) for audit to an auditor to the extent and by such date as An tÚdarás may from time to time direct.
\n
(4)Immediately after the audit referred to in subsection (3), the designated institution of higher education or the higher education provider to which this section applies shall furnish to An tÚdarás a copy of— (a) the accounts, and (b) the report of the auditor on the accounts.
\n
(5)Immediately after the audit referred to in subsection (3), the designated institution of higher education or the higher education provider to which this section applies concerned shall publish the accounts and the report of the auditor on the accounts.
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PART 8
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Oversight by An tÚdarás of designated institutions of higher education Review of matter and report to An tÚdarás 64. (1) The Chief Executive Officer may, if he or she is of opinion that there are significant concerns regarding the governance of a designated institution of higher education or the performance by such an institution of its functions or compliance by it with its obligations including, but not limited to, compliance with any guidelines, codes or policies issued under section 143 , request the governing body of the institution in writing to undertake a review in accordance with this section.
\n
(2)The Chief Executive Officer shall specify in a request under subsection (1) the matter to be reviewed and the reasons for the review.
\n
(3)The governing body of a designated institution of higher education concerned shall— (a) arrange for a review of the matter specified in a request under subsection (1), and (b) prepare and submit a report on that matter to the Chief Executive Officer.
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(4)The governing body of a designated institution of higher education concerned shall prepare and submit a report on the matter to the Chief Executive Officer not later than 60 days after the request under subsection (1) is made and that period may, with the approval of the Chief Executive Officer, be extended by a period of not more than 30 days.
\n
(5)The Chief Executive Officer may, following consideration of a report received by him or her under subsection (4)— (a) determine that no further action is required, or (b) make a determination in accordance with section 65 .
\n
(6)The Chief Executive Officer shall provide a copy of a report received by him or her under subsection (4) to the Minister.
\n
(7)The Chief Executive Officer may, with the approval of the Board, publish a report received by him or her under subsection (4) in such form and manner as the Board considers appropriate.
\n
Determination of matter by Chief Executive Officer 65. (1) The Chief Executive Officer may, in relation to a matter that is the subject of a request under section 64
\n
(1), make a determination under subsection (3) for action to be taken by him or her in relation to the designated institution of higher education concerned if, following the request, the designated institution of higher education concerned does not undertake a review or prepare and submit a report to the Chief Executive Officer, or both, in accordance with section 64 .
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(2)If, following the receipt and consideration of a report under section 64 prepared and submitted by the designated institution of higher education concerned, the Chief Executive Officer is not satisfied that his or her concerns about the governance of the institution or the performance by it of its functions or compliance by it with its obligations have been adequately addressed and resolved, the Chief Executive Officer may make a determination under subsection (3) for action to be taken by him or her in relation to that institution.
\n
(3)The Chief Executive Officer may make a determination in writing to take all or any of the following actions as respects the designated institution of higher education concerned in order to address his or her concerns referred to in section 64
\n
(1)in relation to that institution and, where appropriate, more than one action may be taken at any one time: (a) the imposition of remedial measures as respects the institution concerned in accordance with section 66 ; (b) the provision of information to such bodies as the Chief Executive Officer considers appropriate, as respects the institution concerned, in accordance with section 67 ; (c) the undertaking of a review of a matter concerning the institution concerned in accordance with section 68 .
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(4)A determination by the Chief Executive Officer under paragraph (a) or (c) of subsection (3) may be appealed by the designated institution of higher education concerned in accordance with section 69 within the prescribed period after the service of a notice on that institution under section 66
\n
(2)or 68
\n
(2), as the case may be.
\n
(5)The Chief Executive Officer may publish a determination under subsection (3) in such form or manner as he or she considers appropriate.
\n
(6)The bringing of an appeal by a designated institution of higher education against a determination of the Chief Executive Officer under subsection (3) to impose a remedial or other measure on the institution shall not affect the coming into operation of the measure pending the determination or discontinuance of the appeal, unless the Chief Executive Officer, on application to him or her in that behalf within 7 days after the service of a notice under section 66
\n
(2), agrees to stay the operation of the measure concerned pending the determination of the appeal.
\n
(7)Where the Chief Executive Officer refuses an application from a designated institution of higher education under subsection (6), the institution may apply to the appeals board established to determine the appeal to have the operation of the remedial or other measure concerned suspended until the determination of the appeal by the appeals board and, on such application, the appeals board may, if it considers it appropriate to do so, grant the application.
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(8)The bringing of an appeal by a designated institution of higher education against a determination of the Chief Executive Officer under paragraph (c) of subsection (3) shall have the effect of staying the operation of the determination until the appeal is determined or discontinued.
\n
Remedial and other measures 66. (1) The Chief Executive Officer may impose on a designated institution of higher education a requirement to take a remedial or other measure or measures in accordance with this section if he or she makes a determination to do so under section 65
\n
(3)(a).
\n
(2)The Chief Executive Officer shall inform the designated institution of higher education concerned by notice in writing of the type of remedial or other measure or measures required to be taken by the institution under this section and the period for which that measure or those remedial measures is or are to be taken.
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(3)Subject to subsection (4), the remedial or other measures that the Chief Executive Officer may impose on a designated institution of higher education under this section may comprise any one or more of the following: (a) an admonishment or censure in writing of the institution, taking into account any professional regulatory requirements or obligations that may be thereby impacted; (b) the requirement for members of the governing body of the institution or members of its staff to undertake a course of training on matters related to governance; (c) the requirement for a plan to be put in place by the institution providing for the rectification or resolution of an issue of concern to the Chief Executive Officer with specified targets to be met and monitoring requirements to ensure the implementation of the plan; (d) the review of the strategic development plan of the institution; (e) the temporary exclusion of the institution from particular categories of funding payable by An tÚdarás; (f) the application to the institution of revised conditions of funding; (g) the controlled release of funding by An tÚdarás to the institution; (h) the withholding by An tÚdarás of funding due to be paid to the institution; (i) the refund by the institution of funding paid by An tÚdarás to it.
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(4)The approval of the Board shall be required before a remedial or other measure referred to in paragraph (a), (b) or (d) of subsection (3) may be imposed on a designated institution of higher education.
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(5)The Chief Executive Officer shall, upon the expiry of the period specified under subsection (2) for the taking by the designated institution of higher education concerned of a remedial or other measure or measures, review the matter concerned related to that institution and may, following such review— (a) determine that no further remedial or other measure or measures under this section is or are required to be taken by the institution, (b) extend for such period as he or she considers appropriate and is specified in writing the requirement under this section for a remedial or other measure or measures to be taken by the institution, (c) provide for the payment to the institution of funding that is withheld by An tÚdarás under subsection (3)(h), or (d) determine that a different type of remedial or other measure or measures ought to be taken by the institution under subsection (3).
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Furnishing of information to other bodies 67. (1) The Chief Executive Officer shall, if a determination is made by him or her under section 65
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(3)(b), furnish to— (a) the Qualifications and Quality Assurance Authority of Ireland, information on any issue concerning a designated institution of higher education relating to the performance by that Authority of any one or more of its functions specified in subsection (2) as respects that institution, and (b) such other bodies as the Chief Executive Officer considers appropriate, information on any issue concerning a designated institution of higher education relating to the performance by that body of its functions as respects that institution.
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(2)The functions of the Qualifications and Quality Assurance Authority of Ireland referred to in subsection (1) are those provided for in sections 29A, 29B, 29C, 34, 42, 46, 54, 55G, 57, 61, 63 and 65 of the Act of 2012.
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Appointment of reviewer of designated institution of higher education 68. (1) The Chief Executive Officer, with the approval of the Board, may appoint a person (in this section referred to as a “reviewer”) to carry out a review in accordance with this section into any matter specified in writing by An tÚdarás concerning a designated institution of higher education if he or she makes a determination to do so under section 65
\n
(3)(c).
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(2)The Chief Executive Officer shall inform the governing body of the designated institution of higher education concerned by notice in writing of the appointment of a reviewer under subsection (1) and the matter to be reviewed.
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(3)The members of the governing body, and the employees, of the designated institution of higher education concerned shall comply with a request from a reviewer to provide him or her with such information and assistance as the reviewer may reasonably require for the purposes of the review.
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(4)As soon as practicable after the review, a reviewer shall prepare a draft of the report on the review that he or she proposes to furnish to An tÚdarás (in this section referred to as the “draft report”).
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(5)A reviewer shall furnish the draft report to An tÚdarás and the governing body of the designated institution of higher education concerned and may furnish the draft report, or a part of the draft report, to any other person he or she considers necessary and shall give notice in writing to An tÚdarás, the governing body and that other person, that they may make representations to the reviewer concerning the draft report or, as the case may be, a part of the draft report, not later than 28 days after it is furnished to them.
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(6)As soon as practicable after the expiration of the later of the periods of 28 days referred to in subsection (5) and having considered any representations made pursuant to that subsection, the reviewer may amend the draft report and shall furnish the final report on the review to An tÚdarás (in this section referred to as the “final report”).
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(7)An tÚdarás shall furnish the final report to the Minister.
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(8)An tÚdarás may publish the final report in such form and manner as it considers appropriate.
\n
(9)An tÚdarás shall consider the final report and, following that consideration, the Chief Executive Officer may make a determination in accordance with section 65
\n
(3)as respects the designated institution of higher education concerned.
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PART 9
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Appeals Appeals board 69. (1) The Minister shall, within 28 days or such other period as may be prescribed after the receipt of a notice of appeal under section 42
\n
(6), 54
\n
(12), 59
\n
(13)or 65
\n
(4), establish an appeals board (in this Act referred to as an “appeals board”) comprised of 3 members, one of whom shall be its chairperson along with 2 ordinary members, for the purposes of determining the appeal.
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(2)Subject to subsection (9), the Minister shall appoint— (a) two persons having a special interest in or expertise in, or knowledge of, matters relating to higher education or the functions of An tÚdarás (other than members of the Board or members of the staff of An tÚdarás or officers of the Minister), and (b) one person who is a practising solicitor, or a practising barrister, having not less than 10 years’ experience as such (other than a solicitor or barrister in the full-time service of the State), as the members of an appeals board.
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(3)The Minister shall appoint a chairperson of an appeals board from among the members of the appeals board.
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(4)A member of an appeals board is entitled to be paid such fees and allowances for expenses as the Minister, with the consent of the Minister for Public Expenditure and Reform, determines.
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(5)The Minister shall furnish such support of an administrative nature to an appeals board as the Minister in his or her opinion determines necessary to enable the board to perform its functions.
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(6)A member of an appeals board may at any time resign as such a member by giving notice in writing to the Minister of his or her resignation.
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(7)A resignation under subsection (6) shall take effect on the day on which the Minister receives the notice.
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(8)The Minister may at any time remove a member of an appeals board if, in the opinion of the Minister— (a) the member has become incapable through ill-health of effectively performing his or her functions, (b) the member has committed stated misbehaviour, or (c) the removal of the member appears to the Minister to be necessary for the effective performance by the appeals board of its functions.
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(9)A person shall not be appointed to be a member of an appeals board, and he or she shall cease to be a member of an appeals board, if he or she— (a) is adjudicated bankrupt, (b) makes a composition or arrangement with creditors, (c) is sentenced by a court of competent jurisdiction to a term of imprisonment, (d) is convicted of any indictable offence in relation to a company, (e) is convicted of an offence involving fraud or dishonesty, or (f) is, or is deemed to be, the subject of an order under section 160 of the Companies Act 1990 or a disqualification order within the meaning of Chapter 4 of Part 14 of the Companies Act 2014 .
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Determination of appeal by appeals board 70. (1) An appeal— (a) shall be lodged with the Minister within the time, and in accordance with the procedures, prescribed under section 71 , and (b) shall state the grounds for the appeal.
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(2)Subject to this Act and any regulations under section 71 , the chairperson of an appeals board shall regulate the procedures of the board.
\n
(3)An appeals board may refuse to hear an appeal where, in the opinion of the appeals board, the appeal lodged is not made in good faith or is frivolous or vexatious.
\n
(4)An appeals board may require any person to provide information which it may reasonably require for the purposes of conducting and determining an appeal.
\n
(5)An appeals board may, if it considers it necessary for the purposes of determining an appeal, hold a hearing.
\n
(6)Each of the parties to an appeal is entitled to be heard at the hearing and to present evidence to the appeals board.
\n
(7)An appeals board may adjourn the hearing by it of a matter until a date specified by it.
\n
(8)A decision by a majority of the members of an appeals board shall suffice for any purpose.
\n
(9)In determining an appeal, an appeals board may— (a) affirm the decision of the Chief Executive Officer or the Minister, as the case may be, or (b) where it is satisfied that a serious or significant error or a series of errors was made in making the decision the subject of the appeal or that the decision was made without complying with fair procedures, quash the decision and remit it, for stated reasons, to the Chief Executive Officer or the Minister, as may be appropriate.
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(10)An appeals board shall communicate its determination under subsection (9), including the reasons under paragraph (b) of that subsection, to the person who or the body which brought the appeal concerned and the Chief Executive Officer and the Minister as soon as practicable after it is made.
\n
(11)In the case of a determination under subsection (9)(b), the Chief Executive Officer or the Minister, as may be appropriate, shall reconsider his or her decision.
\n
(12)An appeals board shall be independent in the performance of its functions.
\n
Appeal procedures 71. (1) As soon as practicable after the commencement of section 7 and following consultation with An tÚdarás, the Minister shall prescribe procedures for the conduct and determination of appeals under this Act.
\n
(2)Different procedures may be prescribed under subsection (1) for appeals under different provisions of this Act.
\n
(3)Without prejudice to the generality of subsection (1), regulations under this section may provide for all or any of the following: (a) the form and manner to be used for bringing an appeal under this Act; (b) the time within which an appeal shall be brought after the date of the decision of the Chief Executive Officer or the Minister, as the case may be, that is being appealed; (c) the fees (if any) to accompany a notice of appeal and the circumstances in which such fees may be refunded, in whole or in part; (d) the period within which the Minister shall establish an appeals board after the receipt of a notice of appeal; (e) the information and documents which shall be provided to the appeals board and the manner in which they shall be so provided; (f) the procedures to be followed regarding the making of submissions to an appeals board and their form; (g) the time within which an appeal shall be determined.
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PART 10
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Amendments of Universities Act 1997 Amendment of section 4(1) of Act of 1997 72. Section 4(1) of the Act of 1997 is amended by— (a) the deletion of “but subject to subsection (2),”, and (b) the substitution of “while they are designated institutions of higher education and are funded bodies in accordance with the Higher Education Authority Act 2022” for “while they are institutions of higher education in receipt of moneys in accordance with the Higher Education Authority Act 1971 ”.
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Composition of governing authority of university 73. The Act of 1997 is amended by the substitution of the following section for section 16: “16. (1) Subject to this Part, a governing authority, other than in the case of Trinity College to which section 16A applies, shall consist of 19 members as determined in accordance with this Chapter.
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(2)The members of a governing authority shall be— (a) the chairperson, who shall be an external member, appointed by the governing authority, (b) nine external members (other than the chairperson), appointed by the governing authority, (c) the chief officer, (d) five internal members (other than the chief officer) appointed by the governing authority, and (e) three student union representatives appointed by the governing authority.
\n
(3)The internal members of a governing authority shall be elected or selected for appointment as such internal members in accordance with regulations made under subsection (6).
\n
(4)Subject to subsection (5), with regard to the appointment of external members of a governing authority— (a) three such members shall be nominated by the Minister, and (b) seven such members shall be appointed by the governing authority in accordance with a process for such appointments that is determined by the governing authority and approved by the Minister.
\n
(5)Before a person is nominated for appointment or appointed, as may be appropriate, as an external member of a governing authority of a university, the Minister or the governing authority of the university, as the case may be, shall be satisfied that the person is suitable for appointment as such an external member by reason of his or her possessing knowledge of, and experience in, matters connected with the objects and functions of the university to enable him or her to make a substantial contribution to the effective and efficient performance of those functions.
\n
(6)A governing authority shall, with the approval of the Minister, make such regulations relating to the selection, election, nomination or appointment of members of the governing authority as it thinks fit, and their selection, election, nomination or appointment shall be carried out in accordance with those regulations.
\n
(7)In performing functions under this section, the Minister and a governing authority shall have regard to the objectives that— (a) not less than 40 per cent of the members of the governing authority shall be women and not less than 40 per cent of them shall be men, and (b) the membership of the governing authority shall broadly reflect the composition of Irish society, including persons who are competent in the Irish language.
\n
(8)In this section and in sections 16A, 17 and 23A— ‘external member’, in relation to a governing authority, means a member of the governing authority other than an internal member or a student member thereof; ‘internal member’, in relation to a governing authority, means a member of the governing authority who is a member of the academic council of the university, an employee of the university or a person who is remunerated under a contract with the university and, in the case of Trinity College, including fellows of Trinity College; ‘student member’, in relation to a governing authority, means a member of the governing authority who is a student of the university.”.
\n
Provisions relating to Trinity College, Dublin 74. The Act of 1997 is amended by the insertion of the following sections after section 16 (inserted by section 73 ): “Composition of governing authority of Trinity College, Dublin 16A. (1) Subject to this Part and notwithstanding section 3
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(2)of The Trinity College, Dublin (Charters and Letters Patent Amendment) Act 2000 , the governing authority of Trinity College (known as the Board of Trinity College) shall consist of the following members: (a) 19 members appointed in accordance with section 16; (b) such further number of members, who are fellows of Trinity College, appointed by the governing authority, provided that the number of external members (including the chairperson) of the governing authority shall comprise not less than 40 per cent of its membership.
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(2)Clause 4 of the Supplemental Letters Patent of 1911 (within the meaning of The Trinity College, Dublin (Charters and Letters Patent Amendment) Act 2000 ) is amended by the substitution of “shall be in accordance with the provisions of the Universities Act 1997 ” for “shall be in accordance with the provisions of The Trinity College, Dublin (Charters and Letters Patent Amendment) Act 2000 ”.
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Referral of matter for conduct of General Visitation by Trinity College Visitors 16B. (1) An tÚdarás may, if it has a concern regarding a matter relating to the governance of Trinity College or the performance by Trinity College of its functions or compliance by it with its obligations, request the Visitors of Trinity College in writing to conduct a General Visitation in accordance with the statutes of Trinity College as respects the matter.
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(2)An tÚdarás shall specify in a request under subsection (1) the matter the subject of its concern and the reasons for the request.
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(3)The Visitors of Trinity College shall consider a request received under subsection (1) and shall, if they are satisfied that there are reasonable grounds for a General Visitation and that it is appropriate to do so, conduct a General Visitation as respects the matter specified in the request in accordance with the statutes of Trinity College.
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(4)The Visitors of Trinity College shall, within such period as may be agreed with An tÚdarás, report in writing to An tÚdarás on the General Visitation and the outcome thereof and they shall furnish such a report to the governing authority of Trinity College.
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(5)This section is without prejudice to Part 8 of the Higher Education Authority Act 2022 as respects Trinity College.
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(6)An tÚdarás shall provide a copy of a report received by it under subsection (4) to the Minister.
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(7)In this section— ‘General Visitation’, in relation to Trinity College, has the meaning it has in the statutes of Trinity College; ‘Visitors of Trinity College’, means the persons appointed as the Visitors of Trinity College pursuant to the statutes of Trinity College.”.
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Chairperson of governing authority 75. The Act of 1997 is amended by the substitution of the following section for section 17: “17. (1) The first meeting of a governing authority of a university shall be chaired by an external member of the governing authority who is appointed by a majority vote of the members to be an interim chairperson of the governing authority until the appointment of a chairperson under subsection (2).
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(2)A governing authority shall, at the first meeting of the governing authority, appoint an external member of the governing authority to be the chairperson of the governing authority by a majority vote of not less than two-thirds of its members.
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(3)A person shall cease to be chairperson of a governing authority if he or she ceases to be an external member of the governing authority.”.
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Amendment of section 18 of Act of 1997 76. Section 18 of the Act of 1997 is amended— (a) by the insertion of the following subsections after subsection (1): “(1A) The governing authority of a university shall— (a) promote the success (including academic success) and reputation of the university, (b) satisfy itself that appropriate systems, procedures and practices are in place— (i) to achieve the objects of the university, (ii) for the internal performance management and accountability of the university in respect of— (I) the performance of its functions, and (II) the achievement of the aims in the strategic development plan under section 34, and (iii) in order to implement, and report on compliance with, the policies (whether set out in codes, guidelines or other documents, or any combination thereof) of the Government or a Minister of the Government to the extent that those policies may affect or relate to the functions of the university, and (c) establish and implement arrangements for the management of the performance of the chief officer. (1B) Without prejudice to the generality of subsections (1) and (1A), the governing authority of a university shall perform the following functions with regard to the university: (a) approve expenditure for major capital and investment projects; (b) approve annual financial statements; (c) provide for and maintain a system of audit; (d) provide for and maintain a system of risk management; (e) provide for and maintain a system of quality assurance in accordance with the Qualifications and Quality Assurance (Education and Training) Act 2012 ; (f) review and oversee the implementation of major plans of action and provide strategic direction; (g) delegate such functions as may be appropriate to the chief officer; (h) manage the financial affairs of the university to ensure value for money and its financial viability; (i) account to An tÚdarás for funding provided to the university by An tÚdarás.”, and (b) in subsection (4), by the insertion of “(including committees relating to audit and risk management functions)” after “appoint such and as many committees”.
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Review of matter and report by governing authority of university 77. The Act of 1997 is amended by the insertion of the following section after section 18: “18A. (1) If a governing authority has concerns regarding a matter relating to the governance, or the performance of the functions of the university, the governing authority shall arrange for a review of the matter to be undertaken.
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(2)A governing authority may appoint such person as it considers appropriate (in this section referred to as a ‘reviewer’) to carry out a review of the matter concerned.
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(3)A reviewer may request such information and assistance as he or she may require for the purposes of the review from the governing authority, the chief officer and the employees of the university and the governing authority, the chief officer and the employees of the university shall comply with any such request.
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(4)A reviewer shall review the matter concerned and shall prepare a report of the outcome of the review and any recommendation made arising therefrom and shall provide a copy of the report to the governing authority and the chief officer.
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(5)A governing authority shall, if recommended to do so by the report prepared by a reviewer, take such measures as it considers appropriate with regard to the matter concerned.
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(6)A governing authority shall retain a copy of a report of the outcome of any review undertaken under subsection (1) and shall provide a report to An tÚdarás annually or, more frequently, if so requested by An tÚdarás on the outcome of any review undertaken by the governing authority under that subsection, including any measures taken under subsection (5).”.
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Transitional arrangements for membership and chairperson of governing authority 78. The Act of 1997 is amended by the insertion of the following Chapter after Chapter III of Part III: “Chapter IIIA Transitional arrangements for membership and chairperson of governing authority Transitional arrangements for membership and chairperson of governing authority 23A. (1) A governing authority of a university shall, as soon as practicable after the relevant date and with the approval of the Minister, determine the arrangements and procedures to be put in place by it to ensure that the composition of the governing authority of the university complies with section 16 (inserted by section 73 of the Act of 2022) or, as may be appropriate, section 16A (inserted by section 74 of the Act of 2022) within the period referred to in subsection (2).
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(2)Subject to subsections (3) to (5), a governing authority of a university shall, within 12 months of the relevant date— (a) determine the composition of the governing authority of its university in accordance with the arrangements and procedures put in place by it under subsection (1), (b) appoint the members (other than the chief officer) of the governing authority accordingly, and (c) by notice in writing, inform the Minister of the composition as so determined.
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(3)(a) Notwithstanding section 17 (inserted by section 75 of the Act of 2022), a person (other than the chief officer) who was the chairperson of a governing authority of a university upon the commencement of section 75 of the Act of 2022 may continue after that commencement to be the chairperson of the governing authority of that university until his or her membership of the governing authority ceases, provided that he or she is an external member. (b) For the purposes of paragraph (a), a term served by a person referred to in that paragraph as a member of the governing authority, but not as chairperson thereof, before the commencement referred to in that paragraph shall be disregarded for the purposes of paragraph 4(1)(b) of the Third Schedule.
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(4)A person (other than the chief officer) who was appointed as a member (including the chairperson) of the governing authority before the relevant date and who is re-appointed as such member pursuant to subsection (2)(b)— (a) shall be so re-appointed for a term of office of no longer than the unexpired term for which he or she was so appointed, and (b) the term of office served by the member (including the chairperson) immediately before the relevant date and the term of office for which he or she is re-appointed under paragraph (a) shall be regarded as one term of office for the purposes of paragraph 4(1)(b) of the Third Schedule.
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(5)Notwithstanding paragraphs 4 and 5 of the Third Schedule, where the term of office of all or the majority of the members (including the chairperson) of a governing authority of a university expires by the effluxion of time during the period referred to in subsection (2), the Minister may, at the request of the governing authority of the university and if the members concerned so agree, extend the term of office of those members for such period (that is not longer than the period referred to in subsection (2)) as the Minister may determine to facilitate that governing authority to comply with that subsection.
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(6)In this section— ‘Act of 2022’ means the Higher Education Authority Act 2022; ‘relevant date’ means the date on which section 73 of the Act of 2022 comes into operation.”.
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Amendment of section 33(2) of Act of 1997 79. Section 33(2) of the Act of 1997 is amended by the substitution of “the making of a statute or a regulation under section 18(2) or 25(1)” for “the making of a statute or a regulation under section 17(2) or 24(1)”.
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Amendment of section 34 of Act of 1997 80. Section 34 of the Act of 1997 is amended by the insertion of the following subsection after subsection (1): “(1A) A governing authority shall, before approving a strategic development plan under this section, be satisfied that the chief officer has for the purposes of preparing the plan consulted with— (a) the Minister, (b) such other Ministers of the Government as the governing authority considers appropriate, (c) An tÚdarás, (d) the students or the Student Union of the university, (e) the employees of the university, (f) the academic council of the university, (g) the education and training board in whose education and training board area the campus of the university is located or such other education and training board as the governing authority considers appropriate, (h) a local authority (within the meaning of the Local Government Act 2001 ) in whose functional area the campus of the university is located, and (i) such other body or person as the governing authority considers appropriate.”.
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Amendment of section 36 of Act of 1997 81. Section 36 of the Act of 1997 is amended by the insertion of the following subsection after subsection (1): “(1A) A governing authority shall, for the purposes of preparing a statement under subsection (1), consult with— (a) the Minister, (b) such other Ministers of the Government as the governing authority considers appropriate, (c) An tÚdarás, (d) the students or the Student Union of the university, (e) the employees of the university, (f) the academic council of the university, (g) the education and training board in whose education and training board area the campus of the university is located or such other education and training board as the governing authority considers appropriate, (h) a local authority (within the meaning of the Local Government Act 2001 ) in whose functional area the campus of the university is located, and (i) such other body or person as the governing authority considers appropriate.”.
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Amendment of section 37 of Act of 1997 82. Section 37 of the Act of 1997 is amended— (a) by the substitution of the following subsections for subsections (1) and (2): “(1) An tÚdarás shall, on or before the 1st day of March in each year, notify the chief officer of the funding (in this section referred to as ‘allocated funding’) to be provided by An tÚdarás for that year to a university, from moneys provided to An tÚdarás under section 19 of the Higher Education Authority Act 2022.
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(2)The chief officer shall, on or before the 1st day of April in each year, or such other date as An tÚdarás may approve, prepare and submit following approval by the governing authority, to An tÚdarás, in such form and manner as may from time to time be approved by An tÚdarás, a statement of the proposed expenditure and, other than allocated funding, the expected income of the university for that year. (2A) The allocated funding and the expected income of the university referred to in subsection (2), shall be the budget of the university for that year.”, (b) by the substitution of the following subsections for subsection (5) and (6): “(5) Where the chief officer of a university is of opinion that— (a) the actual expenditure in a year, or (b) a proposed course of action, will or is likely to result in expenditure in excess of the budget for that year after taking account of an increase (if any) in the allocated funding under subsection (4) (in this section referred to as a ‘material departure from the budget’), the chief officer shall so inform the governing authority and give reasons for his or her opinion.
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(6)Where a governing authority, despite being so informed under subsection (5), decides— (a) in the case of subsection (5)(a), not to decrease its actual expenditure, or (b) in the case of subsection (5)(b), to proceed with its proposed course of action, the chief officer, shall, unless he or she considers that contrary to his or her foregoing opinion a material departure from the budget will not occur, as soon as practicable, inform An tÚdarás of the decision of the governing authority.”, and (c) in subsection (7), by the substitution of “the next succeeding year” for “the next succeeding financial year”.
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Amendment of Third Schedule to Act of 1997 83. The Third Schedule to the Act of 1997 is amended— (a) in paragraph 2, by the insertion of the following subparagraph after subparagraph (2): “(3) Whenever the chairperson of the governing authority resigns as chairperson, he or she shall at the same time cease to be a member of the governing authority.”, (b) in paragraph 3, by the substitution of the following subparagraphs for subparagraph (4): “(4) Subject to subparagraph (5), a member of a governing authority (including the chairperson) whose term of office expires by effluxion of time shall be eligible for re-appointment as a member of the governing authority.
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(5)A person, other than an ex officio member, who is re-appointed as a member of a governing authority in accordance with subparagraph (4) shall not hold office for a consecutive period of more than 8 years.”, (c) in paragraph 4, by the substitution of the following subparagraph for subparagraph (1): “(1) Subject to this Schedule and section 23A, a member of a governing authority, other than an ex officio member— (a) shall be appointed as such a member for such period not exceeding 4 years as the Minister or the governing authority, as the case may be, determines upon the nomination for appointment or appointment, as may be appropriate, and (b) may not serve more than 2 consecutive terms of office.”, (d) in subparagraph (1) of paragraph 6, by the substitution of “appoint from amongst its external members (within the meaning of section 16) a member to be its deputy-chairperson” for “appoint from amongst its members a member (other than the chief officer) to be its deputy-chairperson”, (e) by the substitution of the following paragraph for paragraph 7: “7. Where a member of the governing authority— (a) is adjudicated bankrupt, (b) makes a composition or arrangement with creditors, (c) is sentenced by a court of competent jurisdiction to a term of imprisonment, (d) is convicted of any indictable offence in relation to a company or any other body corporate, (e) is convicted of an offence involving fraud or dishonesty, (f) has a declaration under section 819 of the Companies Act 2014 made against him or her or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act, or (g) is subject or is deemed to be subject to a disqualification order, within the meaning of Chapter 4 of Part 14 of the Companies Act 2014 , whether by virtue of that Chapter or any other provision of that Act, he or she shall thereupon cease to be a member of the governing authority.”, (f) in paragraph 9, by the substitution of “such remuneration (if any) and such allowances for expenses (if any)” for “such allowances for expenses”, (g) in paragraph 10— (i) by the substitution of the following subparagraph for subparagraph (1): “(1) A governing authority shall hold not less than 6 meetings in each year at such times as the chairperson may determine.”, and (ii) by the substitution of the following subparagraph for subparagraph (3): “(3) The quorum for a meeting of a governing authority shall be 7 members provided that not less than 4 of those members are external members within the meaning of section 16 (which may include the chairperson).”,
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and (h) in subparagraph (c) of paragraph 11, by the substitution of “the members of the governing authority who are present shall choose one of the external members (within the meaning of section 16) to preside at the meeting” for “the members of the governing authority who are present shall choose one of their number to preside at the meeting”.
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Amendment of Fourth Schedule to Act of 1997 84. The Fourth Schedule to the Act of 1997 is amended— (a) by the insertion of the following paragraphs after paragraph 2: “2A. The chief officer may make proposals to the governing authority on any matter relating to its functions.
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2B. The chief officer shall provide the governing authority with such information (including financial information) in relation to the performance of his or her functions as the governing authority may request.
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2C. The governing authority may designate an employee of the university to perform the functions of the chief officer in the absence of the chief officer or where the office of chief officer is vacant and, a member so designated, shall in such absence or upon such office being vacant, perform those functions.”, (b) by the deletion of paragraph 5, and (c) in paragraph 7, by the substitution of “such period as the governing authority determines but the period shall not exceed 10 years from the date of the appointment of the chief officer” for “a period of 10 years”.
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PART 11
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Amendment of Technological Universities Act 2018 Amendment of section 2 of Act of 2018 85. Section 2 of the Act of 2018 is amended by— (a) the substitution of the following definition for the definition of “applicant technological university”: “‘applicant technological university’— (a) in Chapter 11 of Part 2, has the meaning assigned to it by section 38, (b) in Chapter 12 of Part 2, has the meaning assigned to it by section 44A, and (c) in any other provision of this Act, means a technological university to which paragraph (a) or (b) applies;”, and (b) the insertion of the following definitions: “‘applicant higher education provider’ has the meaning assigned to it by section 44A; ‘business and operation’, in relation to a higher education provider, includes— (a) the programmes of education and training, and the programmes of research, provided by it, (b) any land and any rights, powers and privileges related to or connected with such land owned by it or to which it is entitled, (c) any property (other than land), including choses-in-action, owned by it or to which it is entitled, (d) any liabilities incurred by it or other commitments entered into by it, including liabilities with regard to superannuation benefits in respect of members of its staff, (e) the members of its staff, (f) its body of students, and (g) the records and data held by it; ‘higher education provider’ means a person or institution which provides at least one programme of education and training leading to the award of a degree or other qualification which is at least at bachelor degree level and is included within the Framework;”.
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Amendment of section 3 of Act of 2018 86. Section 3 of the Act of 2018 is amended by the substitution of “an order under section 36, 43 or 44F” for “an order under section 36 or 43”.
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Amendment of section 7 of Act of 2018 87. Section 7 of the Act of 2018 is amended— (a) in subsection (1), by the substitution of the following definitions for the definitions of “advisory panel” and “appointed day” respectively: “‘advisory panel’— (a) in so far as it relates to an application under section 29, has the meaning assigned to it by section 31, (b) in so far as it relates to an application under section 38, has the meaning assigned to it by section 40, and (c) in so far as it relates to an application under section 44A, has the meaning assigned to it by section 44C; ‘appointed day’ means, as may be appropriate— (a) in so far as it relates to an order under section 36, the day appointed by that order, (b) in so far as it relates to an order under section 43, the day appointed by that order, and (c) in so far as it relates to an order under section 44F, the day appointed by that order;”, and (b) in subsection (2), by the substitution of “the campuses of a technological university, applicant institutes or an applicant higher education provider, as may be appropriate,” for “the campuses of a technological university or, as the case may be, applicant institutes”.
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Amendment of section 8(1) of Act of 2018 88. Section 8(1) of the Act of 2018 is amended by the deletion of “and the Minister for Public Expenditure and Reform” after “with the consent of the Minister”.
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Amendment of section 11 of Act of 2018 89. Section 11 of the Act of 2018 is amended by the insertion of the following subsections after subsection (1): “(1A) A governing body of a technological university shall— (a) promote the success (including academic success) and reputation of the technological university, (b) satisfy itself that appropriate systems, procedures and practices are in place— (i) to perform the functions of the technological university, (ii) for the internal performance management and accountability of the technological university in respect of— (I) the performance of its functions, and (II) the achievement of the objectives in the strategic development plan under section 18, and (iii) in order to implement, and report on compliance with, the policies (whether set out in codes, guidelines or other documents, or any combination thereof) of the Government or a Minister of the Government to the extent that those policies may affect or relate to the functions of the technological university, and (c) establish and implement arrangements for the management of the performance of the president. (1B) Without prejudice to the generality of subsections (1) and (1A), the governing body of a technological university shall perform the following functions with regard to the technological university: (a) approve expenditure for major capital and investment projects; (b) approve annual financial statements; (c) provide for and maintain a system of audit; (d) provide for and maintain a system of risk management; (e) provide for and maintain a system of quality assurance in accordance with the Act of 2012; (f) review and oversee the implementation of major plans of action and provide strategic direction; (g) delegate such functions as may be appropriate to the president; (h) manage the financial affairs of the technological university to ensure value for money and its financial viability; (i) account to An tÚdarás for funding provided to the technological university by An tÚdarás.”.
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Membership of governing body of technological university 90. The Act of 2018 is amended by the substitution of the following section for section 12: “12. (1) Subject to this Chapter, a governing body of a technological university shall consist of 19 members as determined in accordance with this Chapter.
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(2)The members of a governing body shall be— (a) a chairperson (in this section and in Schedule 1 referred to as the ‘chairperson’), who shall be an external member, appointed by the governing body, (b) 9 external members (other than the chairperson), appointed by the governing body, (c) the president, (d) 5 internal members (other than the president), being— (i) 3 members of the academic staff of the technological university, elected by the academic staff of the technological university, (ii) one member of the non-academic staff of the technological university, elected by the non-academic staff of the technological university, and (iii) one member of the academic or non-academic staff of the technological university, elected by the academic and non-academic staff of the technological university, and (e) 3 student union representatives appointed by the governing body.
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(3)The internal members of a governing body shall be elected for appointment as such internal members in accordance with regulations made under subsection (7).
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(4)Subject to subsection (5), with regard to the appointment of external members of a governing body— (a) 3 such members shall be nominated by the Minister, and (b) 7 such members shall be appointed by the governing body in accordance with a process for such appointments that is determined by the governing body and approved by the Minister.
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(5)Before a person is nominated for appointment or appointed, as may be appropriate, as an external member of a governing body of a technological university, the Minister or the governing body of the technological university, as the case may be, shall be satisfied that the person is suitable for appointment as such an external member by reason of his or her possessing knowledge of, and experience in, matters connected with the objects and functions of the technological university to enable him or her to make a substantial contribution to the effective and efficient performance of those functions.
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(6)(a) The term of office of a member of the governing body, other than the president, shall not exceed 4 years and such a member may not serve more than 2 consecutive terms of office. (b) A member of the governing body who is a student at the technological university shall hold office for such period, not exceeding one year, as the governing body may determine but may be re-appointed for a further period not exceeding one year.
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(7)A governing body shall, with the approval of the Minister, make such regulations relating to the selection, election, nomination or appointment of members of the governing body as it thinks fit, and their selection, election, nomination or appointment shall be carried out in accordance with those regulations.
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(8)In performing functions under this section, the Minister and a governing body shall have regard to the objectives that— (a) not less than 40 per cent of the members of the governing body shall be women and not less than 40 per cent of them shall be men, (b) the membership of the governing body shall take account of the different locations of the campuses of the technological university, and (c) the membership of the governing body shall broadly reflect the composition of Irish society, including persons who are competent in the Irish language.
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(9)In this section— ‘external member’, in relation to a governing body, means a member of the governing body other than an internal member or a student member thereof or a member of the academic council of the technological university; ‘internal member’, in relation to a governing body, means a member of the governing body who is a member of the staff of the technological university or a person who is remunerated under a contract with the technological university; ‘student member’, in relation to a governing body, means a member of the governing body who is a student at the technological university.”.
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Transitional arrangements for membership and chairperson of governing body 91. The Act of 2018 is amended by the insertion in Chapter 3 of Part 2 of the following section after section 12 (inserted by section 90 ): “12A. (1) A governing body of a technological university shall, as soon as practicable after the relevant date and with the approval of the Minister, determine the arrangements and procedures to be put in place by it to ensure that the composition of the governing body of the technological university complies with section 12 (inserted by section 90 of the Act of 2022) within the period referred to in subsection (2).
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(2)Subject to subsections (3) to (6), a governing body of a technological university shall, within 12 months of the relevant date— (a) determine the composition of the governing body of its technological university in accordance with the arrangements and procedures put in place by it under subsection (1), (b) appoint the members (other than the president) of the governing body accordingly, and (c) by notice in writing, inform the Minister of the composition as so determined.
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(3)(a) A person who was the chairperson of a governing body of a technological university on the relevant date may continue after that date to be the chairperson of the governing body of that technological university until his or her membership of the governing body ceases, provided that he or she is an external member within the meaning of section 12 (inserted by section 90 of the Act of 2022). (b) For the purposes of paragraph (a), a term served by a person referred to in that paragraph as a member of the governing body, but not as chairperson thereof, before the commencement referred to in that paragraph shall be disregarded for the purposes of subsection (6)(a) of section 12 (inserted by section 90 of the Act of 2022).
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(4)A person (other than the president) who was appointed as a member (including the chairperson) of the governing body before the relevant date and who is re-appointed as such member pursuant to subsection (2)(b)— (a) shall be so re-appointed for a term of office of no longer than the unexpired term for which he or she was so appointed, and (b) the term of office served by the member (including the chairperson) immediately before the relevant date and the term of office for which he or she is re-appointed under paragraph (a) shall be regarded as one term of office for the purposes of subsection (6)(a) of section 12 (inserted by section 90 of the Act of 2022).
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(5)(a) Nothing in this section shall operate to terminate the term of office of a member of a governing body of a technological university who was, before the relevant date, appointed or elected as such member under section 55 if he or she wishes to serve the unexpired term for which he or she was so appointed or elected and notwithstanding that he or she is not re-appointed as such member pursuant to subsection (2)(b). (b) A member of a governing body of a technological university referred to in paragraph (a) shall not be reckoned in the number of members of a governing body of a technological university specified in section 12 (inserted by section 90 ) during any part of his or her term of membership of the governing body which, but for this subsection, would have ceased.
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(6)Notwithstanding section 12(6) and paragraph 4 of Schedule 1, where the term of office of all or the majority of the members of a governing body (including the chairperson thereof) of a technological university expires by the effluxion of time during the period referred to in subsection (2), the Minister may, at the request of the governing body of the technological university and if the members concerned so agree, extend the term of office of those members for such period (that is not longer than the period referred to in subsection (2)) as the Minister may determine to facilitate that governing body to comply with that subsection.
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(7)In this section— ‘Act of 2022’ means the Higher Education Authority Act 2022; ‘relevant date’ means the date on which section 90 of the Act of 2022 comes into operation.”.
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Amendment of section 18 of Act of 2018 92. Section 18 of the Act of 2018 is amended by the insertion of the following subsection after subsection (3): “(3A) The president shall, for the purposes of preparing a strategic development plan under subsection (1)(c), consult with— (a) the Minister, (b) such other Ministers of the Government as the president considers appropriate, (c) An tÚdarás, (d) the students or the student union of the technological university, (e) the members of the staff of the technological university or the trades unions or staff associations of those members of staff, (f) the academic council of the technological university, (g) the education and training board or boards in whose education and training board area or areas the campuses of the technological university are located or such other education and training board as the governing body considers appropriate, (h) a local authority in whose functional area the campuses of the technological university are located, and (i) such other body or person as the president considers appropriate.”.
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Amendment of section 19 of Act of 2018 93. Section 19 of the Act of 2018 is amended by the insertion of the following subsection after subsection (2): “(2A) The president shall, for the purposes of preparing an equality statement, consult with— (a) the Minister, (b) such other Ministers of the Government as the president considers appropriate, (c) An tÚdarás, (d) the students or the student union of the technological university, (e) the members of the staff of the technological university or the trades unions or staff associations of those members of staff, (f) the academic council of the technological university, (g) the education and training board or boards in whose education and training board area or areas the campuses of the technological university are located or such other education and training board as the governing body considers appropriate, (h) a local authority in whose functional area the campuses of the technological university are located, and (i) such other body or person as the president considers appropriate.”.
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Amendment of section 22(3) of Act of 2018 94. Section 22(3) of the Act of 2018 is amended by the insertion of “and An tÚdarás” after “the technological university shall furnish to the Minister”.
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Amendment of section 25 of Act of 2018 95. Section 25 of the Act of 2018 is amended— (a) in subsection (3), by— (i) the substitution of “Subject to subsection (3A), a technological university” for “A technological university”, and (ii) the deletion of “, with the consent of the Minister and the Minister for Public Expenditure and Reform”, and (b) by the insertion of the following subsection after subsection (3): “(3A) A technological university shall obtain the consent of the Minister and the Minister for Public Expenditure and Reform if the company concerned referred to in subsection (3) is formed for purposes other than the manufacture or development of a product, service or process, or the creation and use of intellectual property connected therewith for commercial purposes, arising from the conduct of research or the undertaking of innovation activity by the technological university.”.
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Review of matter and report by governing body of technological university 96. The Act of 2018 is amended by the insertion of the following section after section 27: “27A. (1) If a governing body has concerns regarding a matter relating to the governance, or the performance of the functions of the technological university, the governing body shall arrange for a review of the matter to be undertaken.
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(2)A governing body may appoint such person as it considers appropriate (in this section referred to as a ‘reviewer’) to carry out a review of the matter concerned.
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(3)A reviewer may request such information and assistance as he or she may require for the purposes of the review from the governing body, the president and the members of the staff of the technological university and the governing body, the president and the members of staff of the technological university shall comply with any such request.
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(4)A reviewer shall review the matter concerned and shall prepare a report of the outcome of the review and any recommendation made arising therefrom and shall provide a copy of the report to the governing body and the president.
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(5)A governing body shall, if recommended to do so by the report prepared by a reviewer, take such measures as it considers appropriate with regard to the matter concerned.
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(6)A governing body shall retain a copy of a report of the outcome of any review undertaken under subsection (1) and shall provide a report to An tÚdarás annually or, more frequently, if so requested by An tÚdarás on the outcome of any review undertaken by the governing body under that subsection, including any measures taken under subsection (5).”.
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Joint application of higher education provider and technological university 97. The Act of 2018 is amended by the insertion in Part 2 of the following Chapter after Chapter 11: “Chapter 12 Joint application of higher education provider and technological university Application for order under section 44F 44A. (1) One, and only one, higher education provider (in this Chapter referred to as an ‘applicant higher education provider’) and a technological university (in this Chapter referred to as an ‘applicant technological university’) may jointly apply to the Minister for an order under section 44F.
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(2)The Minister shall not consider more than one application under this section by a particular technological university at any one time.
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(3)An application under this section may relate to a part only of the business and operation of an applicant higher education provider that is specified in the application.
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(4)An application under this section shall be in writing in such form, including electronic form, as may be directed by the Minister.
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Requirements on application under section 44A 44B. An application under section 44A shall include information— (a) demonstrating the capability of the applicant higher education provider and applicant technological university to jointly perform the functions of a technological university, (b) demonstrating that plans and arrangements are in place for managing academic, financial and administrative matters arising on the making of an order under section 44F, and (c) to enable the Minster and advisory panel to consider the matters referred to in section 44D.
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Advisory panel for purposes of application under section 44A 44C. (1) The Minister, within 30 days of the receipt of an application under section 44A, shall forward the application to An tÚdarás with a direction in writing to appoint an advisory panel under subsection (2).
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(2)Within 60 days of the receipt of a direction under subsection (1), An tÚdarás shall appoint a panel of at least 3 persons having a special interest or expertise in, or knowledge of, matters relating to higher education, at least one of whom shall have expertise, at an international level, in standards and practice in higher education (in this Chapter referred to as an ‘advisory panel’), to assess the application under section 44A.
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(3)Within 120 days of being appointed, the advisory panel, having assessed the application under section 44A, and having had regard to the matters referred to in section 44D, shall furnish a report to the Minister and An tÚdarás with a recommendation whether to make an order under section 44F.
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(4)For the purposes of its assessment and report under this section, the advisory panel may consult with the applicant higher education provider, the applicant technological university, An tÚdarás, the Qualifications and Quality Assurance Authority of Ireland, and any other person or body it considers appropriate.
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Matters to which Minister shall have regard on application under section 44A 44D. (1) The Minister shall, for the purposes of subsection (2), have regard to such of the following matters as respects the applicant higher education provider as the Minister considers appropriate: (a) whether the applicant higher education provider has been established and is operated for the principal purposes of higher education, training and research; (b) the number of programmes of education and training provided by the applicant higher education provider which lead to education awards that are included within the Framework; (c) whether the applicant higher education provider has a good track record in relation to performance in the field of education and has provided programmes referred to in paragraph (b) in the State for such period before the application under section 44A as the Minister considers appropriate in order to demonstrate that performance; (d) whether the level of qualifications of the academic staff of the applicant higher education provider are at a sufficiently high level to provide the programmes of education and training which it provides; (e) whether the applicant higher education provider has integrated, coherent and effective governance structures in place concerning academic, administrative, financial and management matters; (f) whether the applicant higher education provider— (i) has, under section 28 of the Act of 2012, established procedures in writing for quality assurance in relation to which the Qualifications and Quality Assurance Authority of Ireland— (I) has approved those procedures under the Act of 2012, (II) has not proposed by notice under section 36(1) of that Act to withdraw that approval, and (III) has not withdrawn that approval under section 36 of that Act, or (ii) if the applicant higher education provider is a linked provider within the meaning of the Act of 2012, has, under section 28 of that Act, established procedures in writing for quality assurance in relation to which a relevant designated awarding body within the meaning of that Act— (I) has approved those procedures under the Act of 2012, (II) has not proposed by notice under section 39(1) of that Act to withdraw that approval, and (III) has not withdrawn that approval under section 39 of that Act; (g) whether the applicant higher education provider is financially viable and has sufficient financial resources available, should an order be made under section 44F, to meet any projected costs arising as a result of the application under section 44A and to continue to provide education for such period as may be specified in that application;
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(h) the outcome of the due diligence processes undertaken in relation to the applicant higher education provider for the purposes of the application under section 44A to assess the appropriateness of an order being made under section 44F; (i) the arrangements proposed for the business and operation or, as the case may be, a part of the business and operation of the applicant higher education provider to become and form part of the applicant technological university; (j) such other matters as may be determined by the Minister in consultation with An tÚdarás.
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(2)In deciding whether to make an order under section 44F, the Minister shall, in addition to the matters to which he or she had regard under subsection (1), have regard to the following matters: (a) if the needs of students, business, enterprise, the professions, the community, local interests and other related stakeholders in the region in which the campuses of the applicant higher education provider and applicant technological university are located would be more efficiently and effectively served if the order were made; (b) if the projected demand, based on demographic trends, for higher education in the region in which the campuses of the applicant higher education provider and applicant technological university are located, would justify the making of the order; (c) if sufficient financial resources are available to the applicant higher education provider and applicant technological university to meet the projected costs arising on the making of the order; (d) if the applicant higher education provider and the applicant technological university would together be financially viable if the order were made; (e) if making the order would comply with such policies of the Government as relate to higher education.
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(3)In this section, ‘level’, in relation to qualifications, means included at the level concerned within the Framework.
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Decision on application under section 44A 44E. (1) Within 60 days of receiving the report under section 44C(3), the Minister, having considered the application and information under sections 44A and 44B and the report and recommendation under section 44C, and having had regard to the matters referred to in section 44D, and consulted with An tÚdarás, shall, by notice in writing, inform the applicant higher education provider and applicant technological university of his or her proposed decision and shall in the notice provide reasons for the proposed decision.
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(2)A notice under subsection (1) shall state that the applicant higher education provider and applicant technological university may make representations to the Minister in relation to the proposed decision not later than 30 days after service of the notice.
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(3)The Minister shall consider any representations made under subsection (2) before deciding to— (a) make an order under section 44F, or (b) refuse to make an order under section 44F.
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(4)The Minister shall give notice in writing to the applicant higher education provider and applicant technological university of a decision under subsection (3) as soon as practicable after it is made, which shall, in relation to a decision under subsection (3)(b)— (a) include reasons for the decision, (b) inform the applicant higher education provider and applicant technological university that— (i) they may jointly, under Part 3, appeal the decision within 30 days of the date of the notice, and (ii) the notice of appeal shall specify the grounds for the appeal, and (c) inform the applicant higher education provider and applicant technological university that the decision shall be suspended until— (i) the decision becomes final under subsection (5), or (ii) subject to subsection (6), the disposal of an appeal under Part 3.
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(5)If, on the expiration of the period of 30 days beginning on the date of the notice under subsection (4), no appeal under Part 3 is made, the decision of the Minister under subsection (3)(b) is final.
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(6)If, following an appeal of a decision under subsection (3)(b), the appeals board orders the Minister under section 46(5)(b) to reconsider the decision, that decision is suspended until it has been reconsidered by the Minister.
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Order for business and operation of higher education provider or part thereof to become and form part of technological university 44F. (1) The Minister, following a decision under section 44E(3)(a), shall by order appoint a day (in this Chapter referred to as the ‘appointed day’) for the purposes of subsection (2).
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(2)On the appointed day, the business and operation of the applicant higher education provider shall become and form part of the applicant technological university or, if the application under section 44A for an order under this section relates to a part only of that business and operation, that part of the business and operation of the applicant higher education provider shall become and form part of the applicant technological university on that day.
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(3)An order under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the order.
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(4)The applicant higher education provider shall arrange with the applicant technological university for the transfer, with effect from the appointed day, of its business and operation or that part of its business and operation, as the case may be, to the applicant technological university consequent upon the making of an order under this section.
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(5)Other than in cases where a part only of the business and operation of an applicant higher education provider is the subject of an order under this section, references in any enactment (other than this Act) to the applicant higher education provider specified in an order under this section shall, on and after the appointed day, be construed as references to the applicant technological university which jointly applied, with that applicant higher education provider, for an order under this section.”.
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Amendment of section 45(1) of Act of 2018 98. Section 45(1) of the Act of 2018 is amended by the insertion of “and an applicant higher education provider and applicant technological university may appeal a decision under section 44E(3)(b)” after “appeal a decision under section 42(3)(b)”.
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Amendment of section 47 of Act of 2018 99. Section 47 of the Act of 2018 is amended by— (a) the substitution of the following definition for the definition of “appointed day”: “‘appointed day’ means, as may be appropriate— (a) in so far as it relates to an order under section 36, the day appointed by that order, (b) in so far as it relates to an order under section 43, the day appointed by that order, and (c) in so far as it relates to an order under section 44F, the day appointed by that order;”, and (b) the substitution of the following definition for the definition of “technological university”: “‘technological university’ means, as may be appropriate— (a) in so far as it relates to an order under section 36, a technological university established by that order, (b) in so far as it relates to an order under section 43, the technological university to which, under section 44(1) and this Part, the functions of the applicant college specified in the order are transferred, and (c) in so far as it relates to an order under section 44F, the technological university as respects which the business and operation, or a part thereof, of the applicant higher education provider specified in the order became and formed part of it under that section.”.
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Amendment of section 59 of Act of 2018 100. Section 59 of the Act of 2018 is amended by— (a) the insertion of the following paragraph after paragraph (a): “(aa) made by the dissolved body as a designated awarding body for the purposes of the Act of 2012,”, (b) the designation of that section (as amended by paragraph (a)) as subsection (1), and (c) the addition of the following subsections: “(2) Subject to subsection (3), every programme of education and training included in the business and operation of the applicant higher education provider the subject of an order under section 44F, that immediately before the day appointed by that order was provided by the applicant higher education provider and led to an award— (a) made by the Qualifications and Quality Assurance Authority of Ireland under section 50 of the Act of 2012, (b) made by a relevant designated awarding body within the meaning of the Act of 2012 pursuant to an arrangement under section 2(3) of that Act with the applicant higher education provider as a linked provider within the meaning of that Act, or (c) made by the applicant higher education provider in accordance with the authority delegated to that provider by the Qualifications and Quality Assurance Authority of Ireland under section 53 of the Act of 2012, shall, on the appointed day, become and be a programme of education and training provided by the technological university in respect of which the order under section 44F is made that leads to an award made by that technological university.
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(3)A technological university in respect of which an order under section 44F is made may, with the approval of the Minister, determine in respect of programmes of education and training referred to in subsection (2) to which paragraph (b) of that subsection applies that the relevant designated awarding body concerned may continue, after the appointed day, to make awards in respect of those programmes to students who are enrolled in those programmes immediately before that day.”.
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Amendment of section 60 of Act of 2018 101. Section 60 of the Act of 2018 is amended— (a) in subsection (3), by the substitution of “in respect of which the order is made shall, on the date that is 12 months after the appointed day, be deemed to have been withdrawn under section 63 of the Act of 2012, unless before that date the technological university applies for and is authorised to continue to use the international education mark” for “in respect of which the order is made shall, on the appointed day, be withdrawn under section 63 of the Act of 2012”, (b) by the insertion of the following subsections after subsection (3): “(3A) Where, immediately before the day appointed by order under section 44F, both a higher education provider and a technological university were authorised by the Qualifications and Quality Assurance Authority of Ireland to use the international education mark under section 61 of the Act of 2012, the technological university, in respect of which the order is made shall, on and after that day— (a) comply with any condition, imposed under section 61(8)(b) of the Act of 2012, to which the authorisation of the higher education provider is subject, (b) continue to comply with any condition imposed under that section 61(8)(b) of that Act to which its authorisation is subject, (c) be liable to pay the annual charge under section 62 of the Act of 2012 in respect of the authorisation of the higher education provider, and (d) continue to be liable to pay the annual charge in respect of its authorisation under that section 62 of that Act. (3B) Where, immediately before the day appointed by order under section 44F, a technological university was authorised by the Qualifications and Quality Assurance Authority of Ireland to use the international education mark under section 61 of the Act of 2012 but the applicant higher education provider was not so authorised, the authorisation of the technological university, in respect of which the order is made shall, on the date that is 12 months after the appointed day, be deemed to have been withdrawn under section 63 of the Act of 2012, unless before that date the technological university applies for and is authorised to continue to use the international education mark. (3C) A technological university referred to in subsection (3) or (3B) may, in accordance with each of those subsections, apply to the Qualifications and Quality Assurance Authority of Ireland for authorisation for its continued use of the international education mark under section 61 of the Act of 2012 and that section shall, with any necessary modifications, apply to such an application as it applies to an application for authorisation to use the international education mark.”,
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and (c) in subsection (4), by the addition of the following paragraph after paragraph (b): “(c) For the purposes of subsection (3A), the liability date shall be the anniversary of the appointed day and on the first such liability date the technological university concerned shall pay any portion of the annual charge remaining unpaid by the higher education provider on the appointed day.”.
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Amendment of section 61 of Act of 2018 102. Section 61 of the Act of 2018 is amended by the addition of the following subsection: “(3) On the day appointed by order under section 44F— (a) any procedures for quality assurance under section 28 of the Act of 2012 standing established immediately before that day shall— (i) where they were established by the applicant higher education provider, no longer apply, and (ii) where they were established by the technological university, in respect of which the order is made, continue to apply, and (b) any procedures for access, transfer and progression in relation to learners standing established, immediately before that day, under section 56 of the Act of 2012 shall— (i) where they were established by the applicant higher education provider, no longer apply, and (ii) where they were established by the technological university, in respect of which the order is made, continue to apply.”.
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Amendment of section 62 of Act of 2018 103. Section 62 of the Act of 2018 is amended by the addition of the following subsection: “(3) Where an order has been made under section 44F, and a process that may result in the suspension or dismissal of a member of staff of the applicant higher education provider specified in the order has, before the appointed day, been commenced but not completed immediately before that day in accordance with procedures made or conditions determined by that applicant higher education provider, the process may, on or after that day, be continued by the technological university under procedures made or conditions determined by it, and the technological university may suspend or dismiss the member of staff in accordance with such procedures and conditions.”.
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Amendment of Schedule 1 to Act of 2018 104. Schedule 1 to the Act of 2018 is amended— (a) in paragraph 2(2), by the insertion of “such remuneration (if any) and” after “other than the president,”, and (b) in paragraph 6(1), by the insertion of “(including committees relating to audit and risk management functions)” after “The governing body may establish committees”.
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Application deemed to be made under Chapter 12 of Part 2 of Act of 2018 in certain circumstances 105. If, at any time before the coming into operation of Chapter 12 of Part 2 of the Act of 2018 (inserted by section 97 ), an application is made to the Minister jointly by a higher education provider and a technological university on an administrative basis in accordance with the requirements of that Chapter— (a) the application shall be deemed to have been made under that Chapter by an applicant higher education provider and an applicant technological university (both within the meaning of the Act of 2018) as if that Chapter were in operation and that Chapter shall apply accordingly, and (b) at any time after the coming into operation of that Chapter, the Minister may, if he or she is satisfied that the requirements of that Chapter have been complied with as respects that application and the assessment and consideration thereof, make or, as may be appropriate, refuse to make an order under section 44F of the Act of 2018 accordingly.
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PART 12
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Amendment of Regional Technical Colleges Act 1992 and Regional Technical Colleges (Amendment) Act 1994 Amendment of section 2 of Act of 1992 106. Section 2 of the Act of 1992 is amended by the insertion of the following definitions: “‘regulations of the college’, in relation to a college, means rules made by the governing body of the college under paragraph 12 of the Second Schedule; ‘student’, in relation to a college, means a person registered as a student by the college or a full-time officer of the student union who was first elected or appointed to his or her office while he or she was registered as a student by the college; ‘student union’, in relation to a college, means the student union or other student representative body recognised by the college;”.
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Amendment of section 3(5) of Act of 1992 107. Section 3(5) of the Act of 1992 is amended by the substitution of “and may be sued in its corporate name and may, with the consent of the Minister, acquire, hold and dispose of land, an interest in land or any other property” for “and be sued in its corporate name and to acquire, hold and dispose of land”.
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Amendment of section 5(1) of Act of 1992 108. Section 5(1) of the Act of 1992 is amended by the substitution of the following paragraph for paragraph (i): “(i) subject to the consent of the Minister to acquire, hold and dispose of land, an interest in land or any other property;”.
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Governing bodies of colleges 109. The Act of 1992 is amended by the substitution of the following section for section 6: “6. (1) A college shall have a governing body established under this Act to perform the functions conferred on the college by this Act.
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(2)The Second Schedule shall apply to a governing body.
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(3)Subject to this Act, a governing body shall consist of 19 members as determined in accordance with this section.
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(4)The members of a governing body shall be— (a) a chairperson (in this section and in the Second Schedule referred to as the ‘chairperson’), who shall be an external member, appointed by the governing body, (b) 9 external members (other than the chairperson), appointed by the governing body, (c) the Director, (d) 5 internal members (other than the Director), being— (i) 3 members of the academic staff of the college, elected by the academic staff of the college, (ii) one member of the non-academic staff of the college, elected by the non-academic staff of the college, and (iii) one other internal member of the college, and (e) 3 student union representatives appointed by the governing body.
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(5)The internal members of a governing body shall be elected or selected for appointment as such internal members in accordance with regulations made under subsection (9).
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(6)Subject to subsection (7), with regard to the appointment of external members of a governing body— (a) 3 such members shall be nominated by the Minister, and (b) 7 such members shall be appointed by the governing body in accordance with a process for such appointments that is determined by the governing body and approved by the Minister.
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(7)Before a person is nominated for appointment or appointed, as may be appropriate, as an external member of a governing body of a college, the Minister or the governing body of the college, as the case may be, shall be satisfied that the person is suitable for appointment as such an external member by reason of his or her possessing knowledge of, and experience in, matters connected with the functions of the college to enable him or her to make a substantial contribution to the effective and efficient performance of those functions.
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(8)(a) The term of office of a member of the governing body, other than the Director, shall not exceed 4 years and such a member may not serve more than two consecutive terms of office. (b) A member of the governing body who is a student at the college shall hold office for such period, not exceeding one year, as the governing body may determine but may be re-appointed for a further period not exceeding one year.
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(9)A governing body shall, with the approval of the Minister, make such regulations of the college relating to the selection, election, nomination or appointment of members of the governing body as it thinks fit, and their selection, election, nomination or appointment shall be carried out in accordance with those regulations.
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(10)In performing functions under this section, the Minister and a governing body shall have regard to the objectives that— (a) not less than 40 per cent of the members of the governing body shall be women and not less than 40 per cent of them shall be men, (b) the membership of the governing body shall take account of the region served by the college, and (c) the membership of the governing body shall broadly reflect the composition of Irish society, including persons who are competent in the Irish language.
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(11)In this section— ‘external member’, in relation to a governing body, means a member of the governing body other than an internal member or a student member thereof or a member of the academic council of the college; ‘internal member’, in relation to a governing body, means a member of the governing body who is a member of the staff of the college or a person who is remunerated under a contract with the college; ‘student member’, in relation to a governing body, means a member of the governing body who is a student at the college.”.
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Transitional arrangements for membership and chairperson of governing bodies 110. The Act of 1992 is amended by the insertion of the following section after section 6 (inserted by section 109 ): “6A. (1) A governing body of a college shall, as soon as practicable after the relevant date and with the approval of the Minister, determine the arrangements and procedures to be put in place by it to ensure that the composition of the governing body of the college complies with section 6 (inserted by section 109 of the Act of 2022) within the period referred to in subsection (2).
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(2)Subject to subsections (3) to (5), a governing body of a college shall, within 12 months of the relevant date— (a) determine the composition of the governing body of its college in accordance with the arrangements and procedures put in place by it under subsection (1), (b) appoint the members (other than the Director) of the governing body accordingly, and (c) by notice in writing, inform the Minister of the composition as so determined.
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(3)(a) A person who was the chairman of a governing body of a college on the relevant date may continue after that date to be the chairperson of the governing body of that college until his or her membership of the governing body ceases, provided that he or she is an external member within the meaning of section 6 (inserted by section 109 of the Act of 2022). (b) For the purposes of paragraph (a), a term served by a person referred to in that paragraph as a member of the governing body, but not as chairman thereof, before the commencement referred to in that paragraph shall be disregarded for the purposes of subsection (8)(a) of section 6 (inserted by section 109 of the Act of 2022).
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(4)A person (other than the Director) who was appointed as a member (including the chairman) of the governing body before the relevant date and who is re-appointed as such member pursuant to subsection (2)(b)— (a) shall be so re-appointed for a term of office of no longer than the unexpired term for which he or she was so appointed, and (b) the term of office served by the member (including the chairman) immediately before the relevant date and the term of office for which he or she is re-appointed under paragraph (a) shall be regarded as one term of office for the purposes of subsection (8)(a) of section 6 (inserted by section 109 of the Act of 2022).
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(5)Notwithstanding section 6(8) and paragraph 4 of the Second Schedule, where the term of office of all or the majority of the members of a governing body (including the chairman thereof) of a college expires by the effluxion of time during the period referred to in subsection (2), the Minister may, at the request of the governing body of the college and if the members concerned so agree, extend the term of office of those members for such period (that is not longer than the period referred to in subsection (2)) as the Minister may determine to facilitate that governing body to comply with that subsection.
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(6)In this section— ‘Act of 2022’ means the Higher Education Authority Act 2022; ‘relevant date’ means the date on which section 109 of the Act of 2022 comes into operation.”.
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Amendment of section 7 of Act of 1992 111. Section 7 of the Act of 1992 is amended— (a) by the insertion of the following subsections after subsection (1): “(1A) The governing body of a college shall— (a) promote the success (including academic success) and reputation of the college, (b) satisfy itself that appropriate systems, procedures and practices are in place— (i) for the internal performance management and accountability of the college in respect of— (I) the performance of its functions, and (II) the achievement of the aims in the strategic development plan under section 21C, and (ii) in order to implement, and report on compliance with, the policies (whether set out in codes, guidelines or other documents, or any combination thereof) of the Government or a Minister of the Government to the extent that those policies may affect or relate to the functions of the college, and (c) establish and implement arrangements for the management of the performance of the Director. (1B) Without prejudice to the generality of subsections (1) and (1A), the governing body of a college shall perform the following functions with regard to the college: (a) approve expenditure for major capital and investment projects; (b) approve annual financial statements; (c) provide for and maintain a system of audit; (d) provide for and maintain a system of risk management; (e) provide for and maintain a system of quality assurance in accordance with the Qualifications and Quality Assurance (Education and Training) Act 2012 ; (f) review and oversee the implementation of major plans of action and provide strategic direction; (g) delegate such functions as may be appropriate to the Director; (h) manage the financial affairs of the college to ensure value for money and its financial viability; (i) account to An tÚdarás for funding provided to the college by An tÚdarás.”, and (b) in subsection (6), by the substitution of “a committee of the governing body established under paragraph 6 of the Second Schedule” for “a committee”.
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Amendment of section 21C of Act of 1992 112. Section 21C of the Act of 1992 is amended by the insertion of the following subsection after subsection (1): “(1A) A governing body shall, for the purposes of preparing a strategic development plan, consult with— (a) the Minister, (b) such other Ministers of the Government as the governing body considers appropriate, (c) An tÚdarás, (d) the students or the student union of the college, (e) the members of the staff of the college or the trades unions or staff associations of those members of staff, (f) the academic council of the college, (g) the education and training board in whose education and training board area the campus of the college is located or such other education and training board as the governing body considers appropriate, (h) a local authority in whose functional area the campus of the college is located, and (i) such other body or person as the governing body considers appropriate.”.
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Amendment of section 21D of Act of 1992 113. Section 21D of the Act of 1992 is amended by the insertion of the following subsection after subsection (1): “(1A) A governing body shall, for the purposes of preparing a statement under subsection (1), consult with— (a) the Minister, (b) such other Ministers of the Government as the college considers appropriate, (c) An tÚdarás, (d) the students or the student union of the college, (e) the members of the staff of the college or the trades unions or staff associations of those members of staff, (f) the academic council of the college, (g) the education and training board in whose education and training board area the campus of the college is located or such other education and training board as the governing body considers appropriate, (h) a local authority in whose functional area the campus of the college is located, and (i) such other body or person as the governing body considers appropriate.”.
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Review of matter and report by governing body of college 114. The Act of 1992 is amended by the insertion of the following section after section 21F: “21G. (1) If a governing body has concerns regarding a matter relating to the governance, or the performance of the functions of the college, the governing body shall arrange for a review of the matter to be undertaken.
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(2)A governing body may appoint such person as it considers appropriate (in this section referred to as a ‘reviewer’) to carry out a review of the matter concerned.
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(3)A reviewer may request such information and assistance as he or she may require for the purposes of the review from the governing body, the Director and the members of the staff of the college and the governing body, the Director and the members of the staff of the college shall comply with any such request.
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(4)A reviewer shall review the matter concerned and shall prepare a report of the outcome of the review and any recommendation made arising therefrom and shall provide a copy of the report to the governing body and the Director.
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(5)A governing body shall, if recommended to do so by the report prepared by a reviewer, take such measures as it considers appropriate with regard to the matter concerned.
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(6)A governing body shall retain a copy of a report of the outcome of any review undertaken under subsection (1) and shall provide a report to An tÚdarás annually or, more frequently, if so requested by An tÚdarás on the outcome of any review undertaken by the governing body under that subsection, including any measures taken under subsection (5).”.
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Amendment of Second Schedule to Act of 1992 115. (1) The Act of 1992 is amended by the substitution of the following Schedule for the Second Schedule: “SECOND SCHEDULE
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Section 6
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The Governing Body 1. (1) The governing body shall retain in its possession a seal of the college.
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(2)The seal of the college shall be authenticated by the signature of the chairperson or a member of the governing body authorised by the governing body to act in that behalf and by the signature of an officer of the college authorised to act in that behalf.
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(3)Judicial notice shall be taken of the seal and any document purporting to be an instrument made by, and sealed with the seal of, the college shall, unless the contrary is shown, be received in evidence and taken to be such an instrument without further proof.
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2.(1) A member of the governing body, other than the Director, shall, subject to the provisions of this Act, hold office upon such terms and conditions (including terms and conditions relating to remuneration and allowances for expenses) as may be determined by the Minister, with the consent of the Minister for Public Expenditure and Reform.
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(2)There may be paid by the governing body to its members, other than the Director, such remuneration (if any) and such allowances for expenses (if any) as the Minister, with the approval of the Minister for Public Expenditure and Reform, may determine.
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3.(1) A member of the governing body, other than the Director, may resign from office by giving notice in writing to the chairperson (or if the member concerned is the chairperson, to the Director) of his or her resignation and the resignation shall take effect on the day when the chairperson, or as the case may be, the Director receives the notice.
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(2)Where the chairperson of the governing body resigns as chairperson he or she shall at the same time cease to be a member of the governing body.
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(3)The governing body may at any time remove from office a member of the governing body if, in the opinion of the governing body— (a) the member has become incapable through ill-health of performing his or her functions, (b) the member has committed stated misbehaviour, or (c) the removal of the member appears to be necessary for the effective performance by the governing body of its functions.
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(4)A member of the governing body shall cease to be qualified for office and shall cease to hold office if he or she— (a) is adjudicated bankrupt, (b) makes a composition or arrangement with creditors, (c) is sentenced by a court of competent jurisdiction to a term of imprisonment, (d) is convicted of any indictable offence in relation to a company or any other body corporate, (e) is convicted of an offence involving fraud or dishonesty, (f) has a declaration under section 819 of the Companies Act 2014 made against him or her or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act, or (g) is subject or is deemed to be subject to a disqualification order, within the meaning of Chapter 4 of Part 14 of the Companies Act 2014 , whether by virtue of that Chapter or any other provision of that Act.
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4.(1) If a member of the governing body, other than the Director, dies, resigns, ceases to be qualified for or ceases, for any reason, to be a member of the governing body, the governing body may appoint a person to fill the casual vacancy.
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(2)A person appointed to be a member of the governing body pursuant to subparagraph (1)— (a) shall be representative of the person, referred to in paragraph (a), (b), (d) or (e) of section 6(4), who occasioned the casual vacancy, (b) shall hold office for so much of the term of office of the member who occasioned the casual vacancy concerned as remains unexpired at the date of the appointment, and (c) shall be eligible for re-appointment as a member of the governing body on the expiry of that term of office.
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5.(1) The governing body shall hold not less than 6 meetings in every 12 month period and such and so many additional meetings as may be necessary, as determined by the chairperson, for the due fulfilment of its functions.
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(2)The chairperson shall convene a meeting of the governing body when requested to do so by not less than the number of members that constitutes a quorum.
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(3)The quorum for a meeting of the governing body shall be set by the governing body at its first meeting and may be amended from time to time in accordance with standing orders under paragraph 11.
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(4)At a meeting of the governing body it shall appoint from amongst its members a member (other than the Director) to be its deputy-chairperson and the deputy-chairperson shall, unless he or she sooner resigns as deputy-chairperson, hold office until he or she ceases to be a member of the governing body.
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(5)At a meeting of the governing body— (a) the chairperson shall, if present, be the chairperson of the meeting, (b) if and so long as the chairperson is not present or if the office of chairperson is vacant, the deputy-chairperson, if present, shall be chairperson of the meeting, and (c) if and so long as the chairperson is not present or the office of chairperson is vacant, and the deputy-chairperson is not present or the office of deputy-chairperson is vacant, the members of the governing body who are present shall choose one of their number to be chairperson of the meeting.
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(6)Every question at a meeting of the governing body shall be determined by a majority of the votes of the members of the governing body present and voting on the question, and, in the case of an equal division of votes, the chairperson of the meeting shall have a second or casting vote.
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(7)Subject to subparagraph (3), the governing body may act notwithstanding one or more vacancies among its members.
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(8)The governing body may hold or continue a meeting by the use of any means of communication by which all the members can hear and be heard at the same time (in this Schedule referred to as an ‘electronic meeting’).
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(9)A member of the governing body who participates in an electronic meeting is taken for all purposes to have been present at the meeting.
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6.(1) The governing body may establish committees (including committees relating to audit and risk management functions), consisting in whole or in part of persons who are members of the governing body or members of staff of the college to assist and advise it in relation to the performance of any of its functions.
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(2)In appointing members of a committee established under this paragraph, the governing body shall have regard to— (a) the range of qualifications and experience necessary for the proper and effective discharge of the functions of the committee, and (b) the objective that not less than 40 per cent of members of the committee shall be women and not less than 40 per cent of them shall be men.
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(3)The governing body may pay to members of a committee established under this paragraph such expenses incurred by them as the governing body may, with the consent of the Minister and the Minister for Public Expenditure and Reform, determine.
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(4)The governing body may remove a member of a committee established under this paragraph from the committee at any time.
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(5)The acts of a committee shall be subject to confirmation by the governing body, unless the governing body otherwise determines.
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(6)The governing body may determine the terms of reference and regulate the procedure of a committee established under this paragraph.
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(7)The governing body may appoint a person to be chairperson of a committee established under this paragraph.
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(8)A committee shall provide the governing body with such information as the governing body may from time to time require, in respect of the activities and operations of the committee, for the purposes of the performance by the governing body of its functions.
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(9)The governing body may at any time dissolve a committee established under this paragraph.
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7.(1) Where a member of the governing body 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 cease to be a member of the governing body.
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(2)A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit in that House or who is a member of the European Parliament shall be disqualified, while he or she is so entitled or is such a member, from being a member of the governing body or a member of a committee established under paragraph 6.
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8.(1) Subparagraph (2) applies where, at a meeting of the governing body, any of the following matters arise, namely— (a) an arrangement to which the governing body is a party, (b) an arrangement to which the governing body proposes to become a party, (c) a contract or other agreement with the governing body, or (d) a proposed contract or other agreement with the governing body.
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(2)A member of the governing body present at the meeting referred to in subparagraph (1) who has a pecuniary interest or other beneficial interest in, or material to, the matter concerned shall—