Technological Universities Act 2018

Technological Universities Act 2018 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2018 Technological Universities Act 2018 Technological Universities Act 2018 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 3 of 2018 TECHNOLOGICAL UNIVERSITIES ACT 2018 CONTENTS PART 1 Preliminary and General Section 1. Short title and commencement 2. Interpretation 3. Orders 4. Expenses of Minister 5. Offences 6. Amendments and repeals consequent upon orders of Minister PART 2 Technological University Chapter 1 Definitions for Part 2 7. Definitions for Part 2 Chapter 2 Functions of technological university 8. Technological university 9. Functions of technological university 10. Academic freedom Chapter 3 Governance of technological university 11. Governing body of technological university 12. Membership of governing body of technological university Chapter 4 Staff of technological university 13. President of technological university 14. Staff of technological university 15. Superannuation of staff of technological university Chapter 5 Academic council of technological university 16. Academic council of technological university 17. Functions of academic council Chapter 6 Plans and Statements 18. Strategic development plan 19. Equality statement Chapter 7 Finance, property and reporting 20. Budgets of technological university 21. Borrowing, guaranteeing and underwriting 22. Accounts of technological university 23. Annual report 24. Fees 25. Power to establish, or acquire, hold or dispose of shares in, companies Chapter 8 Investigation and information 26. Investigator and report 27. Information requested by Minister Chapter 9 Application to become technological university 28. Eligibility criteria 29. Application for order under section 36 30. Requirements on application under section 29 31. Advisory panel for purpose of application under section 29 32. Report of advisory panel to An tÚdarás 33. Report of An tÚdarás to Minister 34. Decision on application under section 29 35. Conditions for compliance with all eligibility criteria Chapter 10 Establishment of a technological university 36. Order establishing technological university 37. Transfer of functions from applicant institutes to technological university Chapter 11 Joint application of institute of technology and technological university 38. Application for order under section 43 39. Requirements on application under section 38 40. Advisory panel for purpose of application under section 38 41. Matters to which Minister shall have regard on application under section 38 42. Decision on application under section 38 43. Order dissolving applicant college 44. Transfer of functions from applicant college to technological university PART 3 Appeals 45. Appeals board 46. Appeal PART 4 Transitional and Consequential Provisions Chapter 1 Definitions for Chapters 2 and 3 of Part 4 47. Definitions for Chapters 2 and 3 of Part 4 Chapter 2 General transitional provisions consequent upon order under Part 2 48. Transfer of land and other property to technological university 49. Transfer of rights and liabilities and continuation of leases, licences and permissions to technological university 50. Liability for loss occurring before appointed day 51. Provisions consequent upon transfer of functions, assets and liabilities to technological university 52. Final accounts and final report of dissolved body 53. Transfer of staff to technological university 54. Superannuation Chapter 3 Arrangements consequent upon order under Part 2 55. Arrangements for first governing body following order under Part 2 56. First president following order under section 36 57. Arrangements for Director or president of a dissolved body following order under Part 2 58. Arrangements for certain governing bodies following order under section 43 59. Continuation of programmes of education and training following order under Part 2 60. Arrangements relating to international education mark following order under Part 2 61. Arrangements relating to quality assurance and access, transfer and progression procedures following order under Part 2 62. Arrangements for suspension or dismissal of staff following order under Part 2 63. Arrangements for academic council following order under Part 2 64. Arrangements for certain procedures where order under Part 2 PART 5 Amendment of Dublin Institute of Technology Act 1992, Dublin Institute of Technology (Amendment) Act 1994, Act of 1992, Regional Technical Colleges (Amendment) Act 1994 and Other Enactments Chapter 1 Amendment of Dublin Institute of Technology Act 1992, Dublin Institute of Technology (Amendment) Act 1994 and other enactments 65. Amendment of section 2 of Dublin Institute of Technology Act 1992 66. Offences 67. Amendment of section 3 of Dublin Institute of Technology Act 1992 68. Governing Body 69. Amendment of section 7 of Dublin Institute of Technology Act 1992 70. Amendment of section 11 of Dublin Institute of Technology Act 1992 71. Amendment of section 12A of Dublin Institute of Technology Act 1992 72. Amendment of dismissal arrangements for certain staff of Dublin Institute of Technology 73. Amendment of section 14 of Dublin Institute of Technology Act 1992 74. Amendment of section 15 of Dublin Institute of Technology Act 1992 75. Investigator and report 76. Amendment of Second Schedule to Dublin Institute of Technology Act 1992 77. Amendment of Third Schedule to Dublin Institute of Technology Act 1992 78. Amendment of Dublin Institute of Technology (Amendment) Act 1994 79. Repeal of section 4 of Dublin Institute of Technology (Amendment) Act 1994 Chapter 2 Amendment of Act of 1992, Regional Technical Colleges (Amendment) Act 1994 and other enactments 80. Amendment of section 2 of Act of 1992 81. Offences 82. Governing bodies 83. Transitional arrangements consequent upon section 82 84. Amendment of section 7 of Act of 1992 85. Amendment of section 10 of Act of 1992 86. Amendment of section 11A of Act of 1992 87. Amendment of dismissal arrangements for certain staff of colleges 88. Amendment of section 13 of Act of 1992 89. Amendment of section 14 of Act of 1992 90. Investigator and report 91. Amendment of Second Schedule to Act of 1992 92. Amendment of Third Schedule to Act of 1992 93. Amendment of section 2 of Regional Technical Colleges (Amendment) Act 1994 94. Repeal of section 4 of Regional Technical Colleges (Amendment) Act 1994 PART 6 Amendment of Certain Enactments 95. Amendment of Higher Education Authority Act 1971 96. Amendment of Student Support Act 2011 97. Amendment of Qualifications and Quality Assurance (Education and Training) Act 2012 PART 7 Amendment of Certain Enactments to Provide for Investigation and Information Chapter 1 Amendment of Act of 1940 98. Investigator and report 99. Information requested by Minister Chapter 2 Amendment of Act of 1971 100. Investigator and report 101. Amendment of section 16 of Act of 1971 SCHEDULE 1 Governing Body of Technological University SCHEDULE 2 President of Technological University Acts Referred to Adoptive Leave Acts 1995 and 2005 Carer’s Leave Act 2001 (No. 19) Companies Act 2014 (No. 38) Comptroller and Auditor General (Amendment) Act 1993 (No. 8) Credit Institutions (Stabilisation) Act 2010 (No. 36) Dublin Institute of Technology (Amendment) Act 1994 (No. 31) Dublin Institute of Technology Act 1992 (No. 15) Education and Training Boards Act 2013 (No. 11) Ethics in Public Office Act 1995 (No. 22) European Parliament Elections Act 1997 (No. 2) Higher Education Authority Act 1971 (No. 22) Institute for Advanced Studies Act 1940 (No. 13) Local Government Act 2001 (No. 37) Maternity Protection Acts 1994 and 2004 Minimum Notice and Terms of Employment Acts 1973 to 2005 National College of Art and Design Act 1971 (No. 28) Organisation of Working Time Act 1997 (No. 20) Parental Leave Acts 1998 and 2006 Protection of Employees (Fixed-Term Work) Act 2003 (No. 29) Protection of Employees (Part-Time Work) Act 2001 (No. 45) Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (No. 37) Qualifications and Quality Assurance (Education and Training) Act 2012 (No. 28) Redundancy Payments Acts 1967 to 2014 Regional Technical Colleges (Amendment) Act 1994 (No. 29) Regional Technical Colleges Act 1992 (No. 16) Student Support Act 2011 (No. 4) Terms of Employment (Information) Acts 1994 to 2012 Terms of Employment (Information) Acts 1994 to 2014 Unfair Dismissals Acts 1977 to 2015 Universities Act 1997 (No. 24) Vocational Education (Amendment) Act 1944 (No. 9) Vocational Education Act 1930 (No. 29) Number 3 of 2018 TECHNOLOGICAL UNIVERSITIES ACT 2018 An Act to provide for the establishment of technological universities; to provide for the functions and governance of technological universities; to provide for the dissolution, in certain circumstances, of institutes of technology and Dublin Institute of Technology and the transfer of their functions, assets, liabilities and staff to technological universities; to provide for the reform of the governing authorities, and investigation into the performance of functions, of institutes of technology and Dublin Institute of Technology; to provide for investigation into the performance of functions of the Institute for Advanced Studies and its Constituent Schools and the National College of Art and Design; to provide for the consequential amendment of certain enactments and to provide for related matters. [19th March, 2018] Be it enacted by the Oireachtas as follows: PART 1 Preliminary and General Short title and commencement 1. (1) This Act may be cited as the Technological Universities Act 2018. (2) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions. Interpretation 2. In this Act— “academic council” means, in relation to a technological university, the academic council under section 16 ; “Act of 1940” means the Institute for Advanced Studies Act 1940 ; “Act of 1971” means the National College of Art and Design Act 1971 ; “Act of 1992” means the Regional Technical Colleges Act 1992 ; “Act of 2003” means the Protection of Employees (Fixed-Term Work) Act 2003 ; “Act of 2012” means the Qualifications and Quality Assurance (Education and Training) Act 2012 ; “An tÚdarás” means An tÚdarás um Ard-Oideachas; “applicant college” has the meaning assigned to it by section 38 ; “applicant institutes” has the meaning assigned to it by section 29 ; “applicant technological university” has the meaning assigned to it by section 38 ; “Director”, other than in the definition of “statutory body”, means, in relation to a college within the meaning of the Act of 1992, a person appointed under section 9 of that Act; “education and training board” means an education and training board established under the Education and Training Boards Act 2013 ; “education and training board area” has the meaning assigned to it by the Education and Training Boards Act 2013 ; “enactment” means— (a) an Act of the Oireachtas, (b) a statute that was in force in Saorstát Éireann immediately before the date of the coming into operation of the Constitution and that continues in force by virtue of Article 50 of the Constitution, or (c) an instrument made under an Act of the Oireachtas or a statute referred to in paragraph (b); “Framework” means the National Framework of Qualifications kept and maintained by the Qualifications and Quality Assurance Authority of Ireland in accordance with section 43 of the Act of 2012; “graduate” means a person on whom there has been conferred or who has been granted or given an educational award on successful completion of a programme of education and training at an institute or a technological university; “governing body” means, as the case may be— (a) in so far as it relates to a technological university, the governing body established under Chapter 3 of Part 2, (b) in so far as it relates to the Dublin Institute of Technology, the Governing Body established under section 6 of the Dublin Institute of Technology Act 1992 , or (c) in so far as it relates to a college within the meaning of section 2 of the Act of 1992, a governing body established under section 6 of the Act of 1992; “institute” means— (a) the Dublin Institute of Technology, or (b) a college within the meaning of section 2 of the Act of 1992; “local authority” means a local authority for the purposes of the Local Government Act 2001 ; “Minister” means Minister for Education and Skills; “pensionable public servant” shall be construed in accordance with Part 2 of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012 ; “president” means— (a) in relation to a technological university, the president appointed under section 13 , or, as the case may be, section 56 , and (b) in relation to the Dublin Institute of Technology, the President appointed under section 9 of the Dublin Institute of Technology Act 1992 ; “programme of education and training” has the meaning assigned to it by section 2 of the Act of 2012; “regulations of a technological university” has the meaning assigned to it by paragraph 12 of Schedule 1 ; “statutory body” means— (a) a Minister of the Government, (b) a local authority, (c) a board, authority or other body established by or under an enactment other than the Companies Act 2014 or an existing company within the meaning of that Act, or (d) a company formed and registered under the Companies Act 2014 , or an existing company within the meaning of that Act, in which all of the shares are held by or on behalf of or jointly with— (i) any Minister of the Government, (ii) directors appointed by any Minister of the Government, or (iii) a board, authority or other body referred to in paragraph (c), and whose functions are conferred by or under an enactment; “strategic development plan” has the meaning assigned to it by section 18 ; “student”, in relation to an institute or technological university, means— (a) a person registered as a student by the institute or technological university, or (b) a full-time officer of the student union who was first elected to his or her office while he or she was registered as a student by the institute or technological university; “student union”, in relation to an institute or technological university, means the student union or other student representative body recognised by the institute or technological university; “technological university” means a technological university established by virtue of an order under section 36 . Orders 3. Where an order under section 36 or 43 is proposed to be made, a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House. Expenses of Minister 4. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of monies provided by the Oireachtas. Offences 5. (1) A person guilty of an offence under this Act shall be liable, on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or to both. (2) Where an offence under this Act is committed by a person who is a member of a governing body of a technological university, summary proceedings for the offence may be brought and prosecuted by the technological university. Amendments and repeals consequent upon orders of Minister 6. (1) Other than where subsection (2) applies, on the day appointed by order under section 36 or 43 , the First Schedule to the Act of 1992 is amended by the deletion from column 1 of, as the case may be, the names of the dissolved applicant institutes or the name of the applicant college specified in the order. (2) Where the Dublin Institute of Technology is specified in an order under section 36 , or section 43 , the following Acts are repealed on the day appointed by that order— (a) the Dublin Institute of Technology Act 1992 ; (b) the Dublin Institute of Technology (Amendment) Act 1994 . PART 2 Technological University Chapter 1 Definitions for Part 2 Definitions for Part 2 7. (1) In this Part— “advisory panel”— (a) in so far as it relates to an application under section 29 , has the meaning assigned to it by section 31 , and (b) in so far as it relates to an application under section 38 , has the meaning assigned to it by section 40 ; “appointed day” means, as the case may be— (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; “chairperson” has the meaning assigned to it by section 12 ; “dissolved applicant institutes” has the meaning assigned to it by section 36 ; “eligibility criteria” has the meaning assigned to it by section 28 (1). (2) A reference in this Part to a region includes a reference to each of the regions in which the campuses of a technological university or, as the case may be, applicant institutes are located. Chapter 2 Functions of technological university Technological university 8. (1) A technological university shall be a body corporate with perpetual succession and shall have the power to sue, and may be sued, in its corporate name and may, with the consent of the Minister and the Minister for Public Expenditure and Reform, acquire, hold and dispose of land, an interest in land or any other property. (2) The Minister, following consultation with a technological university, may by order specify a name, other than the name specified in the order under section 36 relating to the technological university, by which the technological university may describe itself for operational purposes. (3) The seal of the technological university shall be authenticated by the signature of— (a) the chairperson or a member of the governing body authorised by the governing body to act in that behalf, and (b) the president or a member of staff of the technological university authorised by the president to act in that behalf. (4) Judicial notice shall be taken of the seal of the technological university and any document purporting to be an instrument made by and sealed with the seal of the technological university shall, unless the contrary is shown, be received in evidence and taken to be such an instrument without further proof. Functions of technological university 9. (1) The functions of a technological university, having particular regard to the needs of the region in which the campuses of the technological university are located, shall be to— (a) provide teaching and facilitate learning that— (i) is informed by research, and (ii) promotes excellence at all levels of higher education within the Framework, (b) provide programmes of education and training that reflect the needs of individuals, business, enterprise, the professions, the community, local interests and other stakeholders in the region in which the campuses of the technological university are located and facilitate learning by flexible means, (c) provide for the broad education, intellectual and personal development of students, for the purpose of enabling them, as graduates, to excel in their chosen careers and to contribute responsibly to social, civic and economic life in innovative and adaptable ways, (d) provide opportunities for staff and students— (i) of the technological university to teach, learn or conduct research at institutions that provide higher education outside the State, or to obtain relevant work experience outside the State, and (ii) of institutions that provide higher education outside the State to teach, learn or conduct research at the technological university, (e) collaborate with institutions that provide higher education inside and outside the State, including on joint research projects and provision of programmes of education and training, (f) support a body of research that includes research relevant at regional, national and international levels and pursue excellence in the conduct of that research, (g) support entrepreneurship, enterprise development and innovation in business, enterprise and the professions through teaching and the conduct of research and through effective transfer to those and other sectors of knowledge arising from that research, (h) collaborate with business, enterprise, the professions, the community, local interests and related stakeholders in the region in which the campuses of the technological university are located— (i) to promote the involvement of those stakeholders in the design and delivery of programmes of education and training, and (ii) to ensure that, in so far as possible, innovation activity and research undertaken by the technological university reflects the needs of those stakeholders, (i) support the development of a skilled labour force including, where appropriate, engaging in the education and training of apprentices in accordance with policy relating to that education and training for the time being communicated to the technological university by An tÚdarás, the Government or any Minister of the Government, (j) support the mobility of staff and students of the technological university into and out of the labour force through collaboration with business, enterprise, the professions and related stakeholders in the region in which the campuses of the technological university are located, (k) serve the community and public interest by— (i) developing and promoting strong social and cultural links, and links supporting creativity, between the technological university and the community in the region in which the campuses of the technological university are located, (ii) supporting (without prejudice to the generality of subsection (4)) the delivery of policies or objectives of the Government or any Minister of the Government, for the time being communicated to the technological university by An tÚdarás, the Government or any Minister of the Government, in relation to development of business and enterprise at a local, regional or national level, (iii) fostering close and effective relationships with— (I) a statutory body whose functions relate to regional development in the region in which the campuses of the technological university are located, (II) a local authority or local authorities in whose local authority area or areas the campuses of the technological university are located, (III) the education and training board or boards in whose education and training board area or areas the campuses of the technological university are located, (IV) a provider of further education and training in the region in which the campuses of the technological university are located, and (V) organisations representing the social, creative and cultural interests of the community in the region in which the campuses of the technological university are located, and (iv) in so far as possible in the performance of its functions— (I) contributing to the promotion of the economic, cultural, social, scientific and technological development of the State, (II) respecting the diversity of values, beliefs and traditions in Irish society, (III) promoting critical and free enquiry, informed intellectual discourse and public debate within the technological university and in wider society, and (IV) promoting an entrepreneurial ethos, (l) promote access to the technological university and the education it provides, by economically or socially disadvantaged persons, by persons who have a disability and by persons from sections of society in the region in which the campuses of the technological university are located who are significantly under-represented in its student body, (m) undertake assessment of students, and award degrees and other qualifications, (n) make best use of its expertise and resources, whether or not on a commercial basis, for the purposes of its functions under this Act, (o) provide directly, or in collaboration with other providers of programmes of education and training, facilities for all levels of higher education within the Framework, including technological and professional education, and for research, (p) collaborate with persons or bodies inside and outside the State for the purpose of its functions under this Act, and (q) promote the attainment of gender balance and equality of opportunity among the students and staff of the technological university. (2) A technological university may accept gifts of money, land or other property subject to such trusts and conditions, if any, as are not in conflict with this Act, specified by the donor. (3) A technological university shall have all such powers as are necessary or expedient for the performance by it of its functions. (4) A technological university shall, in the performance of its functions, have regard to policies of the Government (including policies relating to education and training or remuneration of staff employed in the education sector) for the time being. (5) (a) For the purposes of the performance of its functions, a technological university shall establish procedures relating to resolution of disputes. (b) Procedures established under paragraph (a) shall— (i) be established following consultation with each trade union and staff association recognised by the technological university and with the student union, (ii) provide for consideration of a dispute by a person who is independent of the persons involved in the dispute, and (iii) be published in such manner as the technological university considers appropriate. (6) A technological university may perform any of its functions through or by any member of the staff of the technological university authorised in that behalf by the technological university. (7) A technological university may delegate any of the functions that, in its opinion, can be better or more conveniently performed by the academic council, to the academic council. (8) For the purposes of subparagraph (i) of subsection (1)(h) “involvement”, in relation to a programme may include— (a) developing, with the technological university, the curriculum of the programme, (b) contributing to assessment, as required by the programme, of the progress of the student, or (c) providing a work placement for a student registered on the programme. (9) In subsection (1) “providers” has the same meaning as it has in section 2 of the Act of 2012. Academic freedom 10. (1) A technological university, in performing its functions, shall— (a) have the right and responsibility to preserve and promote the principles of academic freedom in the conduct of its internal and external affairs, and (b) without prejudice to the generality of paragraph (a), be entitled to regulate its affairs in accordance with its independent ethos and the principles of academic freedom, and in doing so shall have regard to— (i) the promotion and preservation of equality of opportunity and access to higher education, (ii) resources, wherever originating, that are available to the technological university for the purpose of performing its functions, and (iii) the need to secure the most beneficial, effective and efficient use of those resources. (2) A member of the academic staff of a technological university shall not, subject to the provisions of any enactment or rule of law, be disadvantaged, or subject to less favourable treatment by the technological university, arising from his or her questioning and testing received wisdom, putting forward new ideas or stating controversial or unpopular opinions in his or her teaching, research and any other activities either in or outside the technological university. Chapter 3 Governance of technological university Governing body of technological university 11. (1) A technological university shall have a governing body to perform the functions of the technological university under this Act. (2) The provisions of Schedule 1 shall apply to a governing body. Membership of governing body of technological university 12. (1) A governing body, where the technological university concerned was established by an order under section 36 on an application by not more than 3 applicant institutes, shall have not fewer than 14 and not more than 22 members and shall consist of— (a) the president, (b) a chairperson (in this section and Schedule 1 referred to as the “chairperson”) who shall be an external member, appointed by the governing body, (c) at least one but not more than 3 members of the academic staff of the technological university, the number of whom shall be determined, and who shall be elected, by the academic staff of the technological university, (d) one member of the non-academic staff of the technological university, elected by the non-academic staff of the technological university, (e) 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, (f) at least one but not more than 2 undergraduate students of the technological university, the number of whom shall be determined, and who shall be nominated, by the student union in accordance with its own procedures, (g) one post-graduate student of the technological university, nominated by the student union in accordance with its own procedures, (h) at least 3 but not more than 8 external members, at least one of whom has expertise in standards and practice in higher education outside the State, nominated by a committee of the governing body comprising the chairperson and 2 other external members of the governing body formed for that purpose, (i) 3 external members nominated by the Minister, and (j) one external member nominated, in accordance with its or their own procedures, by the education and training board or boards in whose education and training board area the campuses of the technological university are located. (2) A governing body, where the technological university concerned was established by an order under section 36 on an application by not fewer than 4 applicant institutes, shall have not fewer than 15 and not more than 26 members and shall consist of— (a) the president, (b) a chairperson, (in this section and Schedule 1 referred to as the “chairperson”) who shall be an external member, appointed by the governing body, (c) at least one but not more than 3 members of the academic staff of the technological university, the number of whom shall be determined, and who shall be elected, by the academic staff of the technological university, (d) one member of the non-academic staff of the technological university, elected by the non-academic staff of the technological university, (e) at least one but not more than 3 members of the academic or non-academic staff of the technological university, the number of whom shall be determined, and who shall be elected, by the academic and non-academic staff of the technological university, (f) at least one but not more than 2 undergraduate students of the technological university, the number of whom shall be determined, and who shall be nominated, by the student union in accordance with its own procedures, (g) one post-graduate student of the technological university, nominated by the student union in accordance with its own procedures, (h) at least 3 but not more than 9 external members, at least one of whom has expertise in standards and practice in higher education outside the State, nominated by a committee of the governing body comprising the chairperson and 2 other external members of the governing body formed for that purpose, (i) 4 external members nominated by the Minister, and (j) one external member nominated, in accordance with its or their own procedures, by the education and training board or boards in whose education and training board areas the campuses of the technological university are located. (3) (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. (4) Before appointing members under subsection (1)(h) or (2)(h) the governing body shall agree with An tÚdarás the competencies required of such members relating to areas such as business, enterprise, finance, law, corporate governance, human resources, community organisation or other areas relevant to the functions of the technological university. (5) (a) The governing body shall, for the purposes of this section, make regulations of a technological university relating to conduct of elections, seeking of nominations for appointment and appointment of members to the governing body. (b) In making regulations of a technological university under paragraph (a) the technological university shall have regard to the objective that at least 40 per cent of members of the governing body shall be women and at least 40 per cent shall be men. (6) In this section, “external member” in relation to a technological university means a person who is not— (a) the president, (b) a member of the academic council, (c) a member of staff of the technological university, or (d) a student of the technological university. Chapter 4 Staff of technological university President of technological university 13. (1) A technological university shall have a chief officer (in this section, and Schedules 1 and 2, referred to as the “president”). (2) The president shall be appointed by the technological university. (3) The president may be removed from office by the technological university for stated reasons. (4) Subject to this Act, the president shall hold office upon and subject to such terms and conditions (including terms and conditions relating to remuneration, allowances and superannuation) as may be determined by the technological university, subject to the approval of the Minister given with the consent of the Minister for Public Expenditure and Reform. (5) The selection criteria, including experience, training and expertise appropriate to the functions of a president under this Act, and procedures in respect of the appointment of a president shall be established by the technological university and published in such manner as it considers appropriate. (6) The provisions of Schedule 2 shall apply to a president. Staff of technological university 14. (1) A technological university may, subject to the approval of An tÚdarás given with the consent of the Minister and the Minister for Public Expenditure and Reform, appoint such and so many persons to be members of staff of the technological university as it from time to time considers appropriate. (2) The staff of a technological university shall be employed on such terms and conditions as may be determined by the technological university, subject to the approval of An tÚdarás given with the consent of the Minister and the Minister for Public Expenditure and Reform. (3) There shall be paid by a technological university to its staff such remuneration, fees, allowances and expenses as may be approved from time to time by the Minister with the consent of the Minister for Public Expenditure and Reform. (4) A technological university shall ensure that a company in which it has a proprietary interest shall only pay to staff of the technological university such remuneration, fees, allowances and expenses as may be determined by the technological university, subject to the approval of An tÚdarás given with the consent of the Minister and the Minister for Public Expenditure and Reform. (5) A technological university may, in accordance with procedures established by the technological university following consultation with each trade union or staff association recognised by it, suspend or dismiss a member of its staff. (6) A technological university shall, within the period specified in a request in writing for information relating to matters referred to in paragraphs (a) to (e) made by An tÚdarás, comply with the request for information and furnish the information in writing to An tÚdarás relating to— (a) the number of employees employed by the technological university, (b) their composition by grade, (c) their terms and conditions of employment (including their remuneration, fees, allowances, expenses and superannuation), (d) any company in which the technological university has a proprietary interest, and (e) any other related matter. Superannuation of staff of technological university 15. (1) Subject to section 48 of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012 , a pensionable public servant who— (a) is not a member of the Single Public Service Pension Scheme, and (b) is appointed under section 13 or 14 to be a member of staff of a technological university, shall, on his or her appointment to the technological university concerned, become and be a member of the Education Sector Superannuation Scheme 2015 or the ESSS 2015 ( S.I. No. 290 of 2015 ) in accordance with its terms and conditions. (2) Nothing in this section shall prevent the Education Sector Superannuation Scheme 2015 or the ESSS 2015 being varied in accordance with its terms and conditions. Chapter 5 Academic council of technological university Academic council of technological university 16. (1) A technological university shall have an academic council. (2) Subject to this section, a governing body shall make regulations of a technological university which shall provide, in relation to the academic council, for— (a) the number of members, (b) procedures for selection and appointment of members, (c) term of office of members, (d) eligibility for re-appointment of members, and (e) the number of consecutive periods for which members may hold office. (3) Without prejudice to the generality of subsection (2) — (a) the majority of members of the academic council shall be members of the academic staff of the technological university, and (b) the regulations of a technological university under subsection (2) shall provide for the following persons to be members referred to in paragraph (a) — (i) at least one member of the academic staff with sufficient experience, in the view of the technological university, of business, enterprise or a profession, (ii) members of the academic staff with sufficient experience, in the view of the technological university, of collaboration with business, enterprise, the professions and related stakeholders in the region in which the campuses of the technological university are located for a purpose as referred to in section 9 (1)(h), and (iii) such number of students of the technological university as it considers appropriate, (c) in making regulations under subsection (2) the governing body shall have regard to the objective that at least 40 per cent of members of the academic council shall be women and at least 40 per cent shall be men. (4) The president shall be— (a) an ex officio member of the academic council, and (b) entitled to preside at all meetings of the academic council or a committee of the council at which he or she is present, but if he or she at any time chooses not to so preside, he or she shall nominate a person to preside in his or her place. (5) An academic council shall hold such and so many meetings as may be necessary for the performance of its functions under this Act and, subject to any regulations of a technological university as relate to the academic council, may regulate its own procedure. (6) An academic council may establish such and so many committees as it considers necessary to assist it in the performance of its functions under this Act. (7) Persons who are members of the academic council or other members of the staff of the technological university may be members of a committee established under subsection (6). Functions of academic council 17. (1) Subject to this section, an academic council shall control the academic affairs of the technological university, including the curriculum of, and instruction and education provided by, the technological university. (2) In the performance of its functions, an academic council shall— (a) have regard to the resources available to the technological university, and (b) be subject to review by the technological university, in a form and at such frequency as may be required by the technological university. (3) Without prejudice to the generality of subsection (1), the functions of an academic council shall include— (a) designing and developing programmes for the technological university, (b) supporting the implementation of those programmes, (c) promoting the involvement, in a programme, of business, enterprise, the professions, the community, local interests and related stakeholders in the region in which the campuses of the technological university are located, (d) making recommendations to the technological university on programmes for the development of research, (e) making recommendations to the technological university relating to the selection, admission, retention and exclusion of students, (f) making recommendations to the governing body regarding the form and content of regulations of a technological university relating to the academic affairs of the technological university including— (i) the assessment of students and determination of the results of that assessment, and (ii) procedures for appeals by students relating to the results of assessments, (g) making recommendations to the technological university for the awarding of fellowships, scholarships, bursaries, prizes or other awards, (h) making general arrangements for academic counselling including tutorials, (i) performing any other functions delegated to it by the technological university, and (j) implementing any regulations of the technological university relating to the functions of the academic council. (4) In subsection (3)— “involvement” shall be construed in accordance with section 9 (8); “programme” means a programme of education and training. Chapter 6 Plans and Statements Strategic development plan 18. (1) (a) The president, as soon as practicable after the appointed day, shall prepare a plan (in this section called a “strategic development plan”) for the period specified in the plan. (b) The period specified in the strategic development plan shall be such period as the technological university considers appropriate and directs the president to specify in the plan, being a period of not less than 3 years and not more than 5 years from the date that the president prepares the plan under paragraph (a). (c) The president shall prepare each subsequent strategic development plan not earlier than 6 months, and not later than 3 months, before the expiration of the period specified in the plan. (2) A strategic development plan shall specify— (a) the objectives of the technological university for the period specified in the plan and the strategies for achieving those objectives, (b) the purposes for which the technological university proposes to use its resources, (c) how the technological university shall comply with any requirements imposed on it under the Act of 2012, (d) the plans of the technological university to provide programmes of education and training that meet the needs of individuals, business, enterprise, the professions, the community, local interests and other stakeholders in the region in which the campuses of the technological university are located, and (e) the plans of the technological university to develop and promote strong social and cultural links, and links supporting creativity, between the technological university and the community in the region in which the campuses of the technological university are located. (3) The president, in preparing a strategic development plan under subsection (1)(c), shall have regard to each of the following provided or issued to the technological university by the Qualifications and Quality Assurance Authority of Ireland during the period of the plan being replaced: (a) a report under section 34 of the Act of 2012; (b) a direction under section 35 of that Act. (4) The president shall submit the draft strategic development plan to the technological university for approval once it has been prepared. (5) A technological university, having regard to the resources available to it, may either approve the strategic development plan without modification or, after consultation with the president, approve the plan with such modifications as it thinks fit. (6) As soon as practicable after it approves the strategic development plan under subsection (5), the technological university shall provide a copy of the plan to the Minister and An tÚdarás and the Qualifications and Quality Assurance Authority of Ireland and publish it in such manner as the technological university considers appropriate. Equality statement 19. (1) (a) The president, as soon as practicable after the appointed day, shall prepare a statement (in this section called an “equality statement”) for the period specified in the statement. (b) The period to which the equality statement relates shall be such period as the technological university considers appropriate and directs the president to specify in the statement, being a period of not less than 3 years and not more than 5 years from the date that the president prepares the equality statement under subsection (1). (c) The president shall prepare each subsequent equality statement not earlier than 6 months, and not later than 3 months, before the expiration of the period specified in the plan. (2) The equality statement shall specify— (a) the policy of the technological university for enabling access to it, and the education it provides, by economically or socially disadvantaged persons, by persons who have a disability and by persons from sections of society significantly under-represented in the student body, and (b) the policy of the technological university relating to equality, including gender equality, in all activities of the technological university. (3) The president shall submit the draft equality statement to the technological university for approval once it has been prepared. (4) The technological university, having regard to the resources available to it, may either approve the draft equality statement without modification or, after consultation with the president, approve the statement with such modifications as it thinks fit. (5) The technological university, in approving the draft equality statement under subsection (4), shall have regard to such policies on the matters referred to in subsection (2) as may from time to time be determined by the Minister. (6) A technological university shall implement the policies set out in the equality statement. Chapter 7 Finance, property and reporting Budgets of technological university 20. (1) In relation to a technological university, An tÚdarás shall, on or before the first day of March in each year, notify the president of the funding to be provided (in this section referred to as “allocated funding”) by An tÚdarás for that year to the technological university, from moneys provided to An tÚdarás under section 12 of the Higher Education Authority Act 1971 . (2) The president shall, on or before the first day of April in each year, or such other date as An tÚdarás may approve, prepare and submit, following approval by the technological university, 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, expected income of the technological university for that year. (3) The allocated funding and the expected income of the technological university referred to in subsection (2) shall be the budget of the technological university for that year. (4) A technological university shall not, in a year, exceed its budget for the year. (5) An tÚdarás may at any time, on an application in that behalf being made to it by a technological university, increase the amount of the allocated funding of the technological university from moneys provided to An tÚdarás under section 12 of the Higher Education Authority Act 1971 . (6) Where the president is of the opinion that— (a) the actual expenditure in a year, or (b) a proposed course of action, taking into account any increase under subsection (5), will or is likely to result in expenditure in excess of the budget for that year such that it would constitute a material departure from the budget (in this section referred to as a “material departure from the budget”), the president shall so inform the technological university and give reasons for his or her opinion. (7) The technological university shall advise the president as to whether it agrees with his or her opinion and shall inform the president as soon as practicable after being informed of the president’s opinion under subsection (6) if it decides— (a) in a case relating to actual expenditure in a year, not to decrease that actual expenditure, or (b) in a case relating to a proposed course of action, to continue with that proposed course of action. (8) The president shall, as soon as is practicable following receipt of the advice of the technological university under subsection (7), inform An tÚdarás if he or she is still of the opinion that there will be a material departure from the budget. (9) Where, notwithstanding this section, a technological university incurs expenditure in excess of its budget that is not met from the income of the technological university other than the allocated funding, that excess shall be a first charge on the budget for the next succeeding year. Borrowing, guaranteeing and underwriting 21. (1) Subject to subsection (2), a technological university, or any company in which the technological university has a proprietary interest, may borrow money by means of a bank overdraft or otherwise and may guarantee or underwrite a loan taken or borrowing undertaken by any person. (2) An tÚdarás shall, from time to time with the approval of the Minister, given with the consent of the Minister for Public Expenditure and Reform and the Minister for Finance, make rules to be complied with by a technological university in relation to any borrowing, guaranteeing or underwriting under subsection (1) and any such rules, which may be amended in like manner to which they are made, shall include rules relating to— (a) the purposes for which any proposed borrowing, guaranteeing or underwriting may be undertaken by a technological university, (b) the demonstration by a technological university of its ability to meet the costs arising from any such borrowing, guaranteeing or underwriting, (c) the identification of the potential for any such proposed borrowing, guaranteeing or underwriting to give rise to additional costs for the State, (d) the requirement for a technological university to obtain the prior approval of An tÚdarás, which approval shall be subject to the consent of the Minister and which consent is subject to the prior consent of the Minister for Public Expenditure and Reform and the Minister for Finance, before borrowing, guaranteeing or underwriting, (e) the provision by a technological university to An tÚdarás of information relating to any borrowing, guaranteeing or underwriting undertaken under subsection (1), and (f) the requirement to comply with the provisions of section 67 of the Credit Institutions (Stabilisation) Act 2010 . (3) Where An tÚdarás makes or amends rules under subsection (2), it shall— (a) so notify, and furnish a copy of the rules or amendments to, a technological university, and (b) arrange for the rules or amendments to be published on the internet. Accounts of technological university 22. (1) A technological university 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. (2) A technological university shall each year submit accounts kept under subsection (1) for audit to the Comptroller and Auditor General to the extent and by such date as he or she may from time to time direct. (3) Immediately after the audit referred to in subsection (2) the technological university shall furnish to the Minister a copy of— (a) the accounts, and (b) the report of the Comptroller and Auditor General on the accounts. (4) The Minister shall cause a copy of the accounts furnished under this section and a copy of the report of the Comptroller and Auditor General on those accounts, to be laid before each House of the Oireachtas. Annual report 23. (1) A technological university shall, not later than 30 June in each year, prepare and submit to the Minister and An tÚdarás a report on its activities in the immediately preceding year. (2) The Minister shall, as soon as may be after receiving the report, cause copies of it to be laid before each House of the Oireachtas. (3) As soon as may be following the copies being laid before each House of the Oireachtas under subsection (2), the technological university shall arrange for the report to be published on the internet. (4) The president of the technological university shall prepare a draft of the report under this section for approval by the technological university before it is submitted to the Minister and An tÚdarás and, in doing so, shall have regard to— (a) the strategic development plan of the technological university, (b) the equality statement of the technological university, and (c) any requirements imposed on the technological university under the Act of 2012. Fees 24. (1) A technological university may determine and charge fees of such amounts as it considers appropriate for student registration, courses, lectures, examinations, exhibitions or any other event, service or publication held or provided at or by, or produced by, the technological university. (2) An tÚdarás may, with the technological university, review the fees charged or proposed to be charged by the technological university for student registration and courses, and for lectures and examinations relating to those courses. (3) Arising from a review under subsection (2), An tÚdarás may, without prejudice to subsection (1) and after consultation with the Minister, advise the technological university on the fees that, in its opinion, should be charged. Power to establish, or acquire, hold or dispose of shares in, companies 25. (1) For the purposes of performing any one or more of its functions, a technological university may, either alone or jointly with another person, cause such one or more companies to be formed and registered under— (a) the Companies Act 2014 , or (b) the laws of a place other than the State, as it considers appropriate. (2) A technological university may, for the purposes specified in subsection (1), acquire or hold shares or any other interest in, or become a member of, a company formed and registered under— (a) the Companies Act 2014 (or an existing company within the meaning of that Act), or (b) the laws of a place other than the State. (3) A technological university may only cause a company to be formed and registered under subsection (1) or acquire or hold shares or any other interest in, or become a member of a company under subsection (2), if the company is in such form consistent with this Act as may be determined by the technological university, with the consent of the Minister and the Minister for Public Expenditure and Reform. (4) A technological university may dispose of shares or any other interest in a company to which this section applies. Chapter 8 Investigation and information Investigator and report 26. (1) Following consultation with An tÚdarás, the Minister may appoint a person (in this section referred to as an “investigator”) to carry out an investigation into any matter specified in writing by the Minister concerning the performance by a technological university of its functions. (2) The Minister shall by notice in writing inform the governing body of his or her proposal to appoint an investigator under subsection (1) and the matter to be investigated. (3) A notice under subsection (2) shall state that the governing body may make representations to the Minister in relation to the proposed appointment not later than 14 days after the giving of the notice to the governing body. (4) The Minister shall consider any representations made pursuant to subsection (3) before making an appointment under subsection (1). (5) An investigator shall be entitled at all reasonable times to enter any premises occupied by the technological university and shall be afforded every facility and cooperation, including access to equipment and records, as the investigator may require to perform his or her functions under this section, by the following: (a) the president; (b) a member of the governing body; (c) an employee of the technological university; (d) a contractor appointed by the technological university to perform any function on its behalf and an employee of that contractor; (e) a consultant or advisor appointed by the technological university. (6) Each person referred to in paragraphs (a) to (e) of subsection (5) shall comply with a request of the investigator to provide such information and assistance as the investigator may reasonably require for the purposes of the investigation. (7) As soon as practicable after the investigation, the investigator shall prepare a draft of the report on the investigation that he or she proposes to furnish to the Minister (in this section referred to as the “draft report”). (8) The investigator shall furnish the draft report to the Minister, An tÚdarás and the governing body and may furnish the draft report, or part of the draft report, to any other person as he or she considers necessary and shall give notice to the Minister, An tÚdarás, the governing body and such other person, that they may …