Qualifications and Quality Assurance (Education and Training) Act 2012

Type Act

Publication 2012-07-22

Last updated 2026-01-01

State In force

Source Irish Statute Book

articles 102

F28[(6) Each designated awarding body and each listed awarding body shall, in respect of each award the body makes that is an award included within the Framework, ensure that a learner acquires the standard of knowledge, skill or competence associated with the level of that award within the Framework before and when the award is made.

(7)Subsection (8)applies to each provider of a programme of education and training, being a programme that leads to an award that is an award included within the Framework.

(8) In respect of each such programme, its provider shall ensure that an enrolled learner acquires the standard of knowledge, skill or competence associated with the level of the award concerned within the Framework before the award is made.]

43A. F29[Offence to provide or advertise cheating services

43A.—(1) A person who does any of the acts specified insubsection (2)commits an offence.

(2) Each of the following is an act referred to insubsection (1):

(a) undertaking in whole or in part, in the enrolled learner’s stead, an assignment or any other work that an enrolled learner is required to undertake as part of a programme, without authorisation from the person making the requirement;

(b) sitting an examination that an enrolled learner is required to sit as part of a programme, in the enrolled learner’s stead, or providing another person to sit the examination in place of the enrolled learner, without authorisation from the person setting the examination;

(c) during the course of an examination that an enrolled learner is required to undertake as part of a programme, either—

(i) providing to the enrolled learner, or

(ii) arranging the provision, to him or her, of,

answers for the examination, without authorisation from the person setting the examination.

(3) A person who does either of the acts specified insubsection (4)with the intention of giving an enrolled learner an unfair advantage over other similarly enrolled learners commits an offence.

(4) Each of the following is an act referred to insubsection (3):

(a) providing or arranging the provision of an assignment that an enrolled learner is required to undertake as part of a programme, without authorisation from the person making the requirement;

(b) at any time before the beginning of an examination that an enrolled learner is required to undertake as part of a programme, either—

(i) providing to the enrolled learner, or

(ii) arranging the provision, to him or her, of,

answers for the examination, without authorisation from the person setting the examination.

(5) A person commits an offence if the person advertises that the person will perform—

(a) any service consisting of the doing of any act specified insubsection (2), or

(b) any service consisting of the doing of either act specified insubsection (4)knowing that the service has or would have the effect of giving an enrolled learner an unfair advantage over other similarly enrolled learners.

(6) A person commits an offence who publishes—

(a) an advertisement for any service consisting of the doing of any act specified insubsection (2), or

(b) an advertisement for any service consisting of the doing of either act specified insubsection (4)knowing that the service has or would have the effect of giving an enrolled learner an unfair advantage over other similarly enrolled learners.

(7) In this section "programme" does not include post-primary schooling leading to the sitting of the Junior Certificate or Leaving Certificate examination or any examination prescribed undersection 50(2) of theEducation Act 1998.]

44. Application for validation of programme of education and training.

44.— (1) The Authority shall, as soon as practicable after the establishment day, establish policies and criteria for the validation of programmes of education and training and shall publish the policies and criteria in such form and manner as it thinks appropriate (including on the internet).

(2) The Authority shall, within 5 years after the establishment of policies and criteria under subsection (1), and at least once in every period of 5 years thereafter, review those policies and criteria.

(3) The Authority may establish different policies and criteria for the validation of different programmes or different classes of programme of education and training.

(4) The Authority may consult with an awarding body before establishing policies and criteria for the validation of programmes of education and training where successful completion of those programmes leads to a joint award of the Authority and that awarding body under a joint awarding arrangement between the Authority and that awarding body.

(5) Subject to subsections (7), (9), (10) and (11), a provider of a programme of education and training may apply to the Authority for validation of the programme.

(6) An application made under subsection (5)shall be accompanied by such fee (if any) as may be determined by the Authority under section 80.

(7) A provider shall not make an application under subsection (5) unless—

(a) the provider has established procedures for quality assurance under section 28 F30[and those procedures address the programme for which validation is sought],

(b) the provider has established procedures for access, transfer and progression under section 56,

(d) if subsection (11) applies to the provider, the provider has consulted with the person referred to in that subsection.

(8) A provider, other than a relevant provider or a linked provider, who makes an application for validation of a programme of education and training under subsection (5) may—

(a) for the purposes of complying with subsection (7)(a), establish procedures for quality assurance under section 28 as if the provider was a relevant provider and sections 30 and 31 shall apply to such a provider as if that provider was a relevant provider, and

(b) for the purposes of complying with subsection (7)(b), establish procedures for access, transfer and progression under section 56 as if the provider was a relevant provider.

(9) An application under subsection (5) shall be made by the following providers—

F32[(a) each Institute of Technology, in relation to programmes leading to doctoral degrees included within the Framework,]

(b) An Foras,

(d) Teagasc,

(e) An Bord Iascaigh Mhara,

(f) an educational or training institution established and maintained by F33[an education and training board],

(g) a recognised school in so far as the school provides adult, continuing or vocational education or training which leads to an award,

F30[(h) an education and training board,]

in respect of each programme of F32[that provider or, in the case of programmes referred to inparagraph (a), each such programme of the Institute of Technology concerned.].

(10) A provider referred to in subsection (9) is not required to make an application under subsection (5)—

(a) in respect of a programme of education and training—

(i) that relates to a leisure or recreational activity not intended to lead to an award,

(ii) that is part of primary or post-primary education provided by a recognised school, or

(iii) where the provider has authority, delegated to it under section 53, to make an award in respect of that programme, or to make an award in respect of a class of programme where that programme is part of that class,

(b) where the provider has entered into an arrangement under section 48with an awarding body other than the Authority to the extent that a programme of education and training of the provider is the subject of the arrangement.

(11) A provider who organises or procures a programme of education and training which is provided, wholly or partly, by another person shall consult with that person before making an application under subsection (5).

(12) Where the person referred to in subsection (11) is a provider who, but for this subsection, would be a provider to whom subsection (9)applies, then subsection (9)shall not apply to that person in relation to that programme.

45. Determination of application for validation of programme of education and training.

45.— (1) Upon receipt of an application under section 44(5), the Authority may—

(a) subject to subsection (2), validate the relevant programme of education and training where the programme satisfies the criteria established by the Authority under section 44(1), or

(b) refuse to validate the programme and give reasons for the refusal.

F34[(1A) A validation undersubsection (1)of a programme of education and training shall have effect for such period as the Authority determines and specifies in the validation, butsubsection (1B)applies so as to provide that, in the circumstances specified in that subsection and in relation to the learner there referred to, a programme of education and training shall, for the purposes of this Act, be deemed to be validated notwithstanding the fact that the foregoing period has expired.

(1B) In circumstances in which a learner—

(a) is enrolled on a programme of education and training before the expiry of the period specified, undersubsection (1A), in the validation with respect to that programme, and

(b) completes, in accordance with its terms, that programme after that expiry,

that programme shall, in relation to that learner, be deemed to be validated for the purposes of this Act notwithstanding the expiry of the period so specified.]

(2) The validation of a programme by the Authority is subject to—

(a) the conditions specified in subsection (3), and

(b) any other conditions that the Authority thinks it appropriate to impose in relation to the programme.

(3) The provider of the programme concerned shall—

(a) co-operate with and assist the Authority in the performance of the Authority’s functions in so far as those functions relate to the functions of the provider,

(b) establish procedures which are fair and consistent for the assessment of enrolled learners to ensure the standards of knowledge, skill or competence determined by the Authority under section 49(1) are acquired, and where appropriate, demonstrated, by enrolled learners,

(d) provide to the Authority such information as the Authority may from time to time require for the purposes of the performance of its functions, including information in respect of completion rates.

(4) Where the Authority refuses under subsection (1)(b) to validate a programme of education and training, the provider of the programme may appeal against the refusal to the Appeals Panel.

(5) A provider who falsely claims or represents that the Authority has validated a programme of education and training of the provider commits an offence.

46. Review of programme validation.

46.— (1) The Authority may, at any time, review a programme of education and training which it has validated.

(2) The provider of a programme of education and training which is subject to review under subsection (1) shall pay to the Authority within one month of the completion of the review such fee (if any) as may be determined by the Authority under section 80.

47. Withdrawal of programme validation.

47.— (1) Upon a review of a programme under section 46, where the Authority considers that—

(a) the programme no longer meets the criteria established by the Authority under section 44 (1),

(b) a condition referred to in section 45(2) is not being complied with, or

the Authority shall, by notice in writing, inform the provider of the programme that it proposes to withdraw validation of the programme and state the reasons for the proposed withdrawal.

(2) A notice under subsection (1) shall state that the provider may submit observations in writing to the Authority in relation to the reasons for the proposed withdrawal as set out in the notice not later than one month after the service of the notice on the provider.

(3) Where, after consideration of any observations submitted to the Authority under subsection (2), the Authority continues to consider that paragraph (a), (b) or (c)of subsection (1) applies, it shall withdraw its validation of the programme concerned, by notice in writing addressed to the provider, from such date (not earlier than the date of service on the provider of the notice of withdrawal) as it considers appropriate and as is specified in the notice having regard to the interests of the enrolled learners concerned.

(4) A notice under subsection (3) shall state the reasons for the withdrawal referred to in that subsection.

(5) Where the Authority, withdraws its validation of a programme of education and training under subsection (3), the provider concerned may appeal against that withdrawal to the Appeals Panel.

F36[(6) The Authority may, by notice in writing addressed to the provider of the programme, withdraw its validation of a programme, without the need for a review, in any of the following cases:

(a) the provider has given notice in writing to the Authority that it no longer wishes to provide the programme for whatever reason;

(b) the provider has not offered the programme for a period of at least 2 years, from the date of the programme’s validation;

(d) the Authority and the provider agree to the withdrawal of the validation.

(7) A notice undersubsection (6)shall state the reasons for the withdrawal referred to in that subsection.

(8) Where the Authority withdraws its validation of a programme of education and training undersubsection (6)(b)or(c), the provider concerned may appeal against that withdrawal to the Appeals Panel.]

48. Arrangement between providers and awarding bodies other than the Authority.

48.— (1) A provider referred to in section 44(9) may enter into an arrangement with an awarding body other than the Authority to provide, organise or procure a programme of education and training where—

(a) completion of the programme by an enrolled learner and the attainment by the learner of a specified standard of knowledge, skill or competence upon such completion entitles the learner to an award of the body, and

(b) the award of the body is F37[an award included within the Framework].

(2) A provider shall notify the Authority of an arrangement referred to in subsection (1) prior to entering into the arrangement.

F38[(3) For the period of 5 years from the commencement ofsection 23of the Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019,paragraph (b)ofsubsection (1)shall not apply to an arrangement referred to in that subsection if the arrangement has been entered into before the commencement of thatsection 23.]

49. Authority to determine standards of knowledge, skill or competence for awards.

49.— (1) The Authority shall determine the standards of knowledge, skill or competence to be acquired, and where appropriate, demonstrated, by a learner before an award may be made by the Authority or by a provider to which, under section 53, authority to make an award has been delegated.

(2) The Authority shall have regard to the Framework in determining the standards referred to in subsection (1).

(3) The Authority may, in determining the standards referred to in subsection (1), determine different standards for different awards or different classes of award.

(4) The Authority may consult with an awarding body before determining standards under subsection (1) for a joint award of the Authority and that awarding body to be made under a joint awarding arrangement between the Authority and that awarding body.

(5) The Authority shall publish, in such form and manner as it thinks appropriate (including on the internet), the standards determined under subsection (1).

(6) The Authority may, at any time, amend the standards determined under subsection (1).

50. Making of an award.

50.— (1) The Authority shall, as soon as practicable after the establishment day, establish and publish, in such form and manner as it thinks appropriate (including on the internet), policies and criteria for the making of an award by—

(a) the Authority, and

(b) a provider to which, under section 53, authority to make an award has been delegated.

F39[(3) The Authority shall, on the application of a relevant provider, and in accordance with the policies and criteria established undersubsection (1), and having regard to the procedures established by the provider undersection 56(2), make an award to a learner where the learner has, in the opinion of the provider, acquired, and where appropriate, demonstrated, the appropriate standard of knowledge, skill or competence as determined by the Authority undersection 49(1).]

(4) Subject to subsection (5), the Authority shall, on the application of a provider in respect of an enrolled learner of that provider, and in accordance with the policies and criteria established under subsection (1), make an award to the enrolled learner where the Authority, having consulted with that provider, is satisfied that the learner has acquired, and where appropriate demonstrated, the appropriate standard of knowledge, skill or competence as determined by the Authority under section 49(1).

(5) An application by a provider under subsection (4) may be made only in respect of a programme of education and training of the provider which has been validated by the Authority under section 45.

(6) An application under subsection (3) and subsection (4) shall be accompanied by such fee (if any) as may be determined by the Authority under section 80.

(7) F40[…]

(8) A provider commits an offence if, in relation to a programme of education and training of the provider, the provider falsely claims or represents that upon—

(a) completion by a learner of that programme, or

(b) the attainment by a learner of a specified standard of knowledge, skill or competence upon completion by the learner of that programme,

the learner is entitled to an award of the Authority.

(9) In this section, “award” does not include a joint award of the Authority made under a joint awarding arrangement.

51. Joint awarding arrangement.

51.— (1) The Authority may, for the purposes of making a joint award to an enrolled learner in respect of a programme of education and training, enter into a joint awarding arrangement (in this Act referred to as a “joint awarding arrangement”) with—

(a) an awarding body, and

(b) the provider of the programme of education and training where the programme of education and training leading to the joint award is not provided by the awarding body.

(2) A joint awarding arrangement under subsection (1) may be made only in respect of a programme of education and training which has been validated by the Authority under section 45.

(3) Where the Authority enters a joint awarding arrangement, the provider of the programme of education and training leading to the joint award may apply in respect of an enrolled learner of that programme to the Authority to make a joint award to the learner where the provider is satisfied that the learner has—

(a) completed the programme of education and training concerned, and

(b) acquired and where appropriate, demonstrated, the appropriate standard of knowledge, skill or competence as determined by the Authority under section 49(1).

(4) Where the Authority receives an application referred to in subsection (3), the Authority shall make a joint award with the awarding body with which it has entered into a joint awarding arrangement in respect of the programme concerned to the enrolled learner where the Authority is satisfied that the enrolled learner has—

(a) completed the programme of education and training concerned, and

(b) acquired, and where appropriate, demonstrated, the appropriate standard of knowledge, skill or competence as determined by the Authority under section 49(1).

(5) An application under subsection (3) shall be accompanied by such fee (if any) as may be determined by the Authority under section 80.

52. Request by provider for delegation of authority to make award.

52.— (1) The Authority shall, as soon as practicable after the establishment day, establish and publish, in such form and manner as it thinks appropriate (including on the internet), procedures and criteria for the determination of a request under subsection (2), which criteria shall include criteria relating to the overall operation and management of the provider making the request F41[and the suitability of the quality assurance procedures established by the provider undersection 28].

(2) Subject to subsection (3), any of the following may request the Authority to delegate to it the authority to make an award:

F42[(a) an Institute of Technology, in relation to programmes leading to doctoral degrees included within the Framework;]

F43[(aa) an education and training board established bysection 9of theEducation and Training Boards Act 2013;]

(b) An Foras;

(d) Teagasc;

(e) a provider of a programme of education and training fulfilling the conditions set out in regulations made under subsection (8).

(3) A provider referred to in subsection (2) may not make a request under that subsection unless—

F42[(a) the provider has established procedures for quality assurance under section 28 that will address, in a manner that is appropriate, the delegation of authority that is to be requested and the programmes related to it,]

(b) the provider has established procedures for access, transfer and progression under section 56,

(d) if subsection (10) applies to the provider, the provider has consulted with the other person referred to in that subsection.

(4) Where a provider referred to in subsection (2) makes a request under that subsection and the provider is not a relevant provider or a linked provider, that provider may—

(a) for the purposes of complying with subsection (3)(a), establish procedures for quality assurance under section 28 as if the provider was a relevant provider and sections 30 and 31 shall apply to such a provider as if that provider was a relevant provider, and

(b) for the purposes of complying with subsection (3)(b), establish procedures for access, transfer and progression under section 56 as if the provider was a relevant provider.

(5) A request by a provider under subsection (2) for delegated authority to make an award may be made in respect of a programme or a class of programme of education and training of the provider.

(6) Where a provider makes a request under subsection (2) in respect of a class of programme of education and training of the provider, that provider shall specify in the request all of its programmes of education and training within that class.

(7) A request by a provider under subsection (2) shall be accompanied by such fee (if any) as may be determined by the Authority under section 80.

(8) The Minister shall make regulations as soon as practicable after the establishment day specifying the conditions that shall be fulfilled by a provider of a programme of education and training for the purposes of subsection (2)(e).

(9) Without prejudice to the generality of subsection (8), conditions specified in regulations made under that subsection shall require that a provider has a minimum number (not less than one) of its programmes validated by the Authority and may require that—

(a) a provider’s programmes of education and training have not fewer than the number of enrolled learners specified in the regulations, or

(b) a provider’s programmes have been validated by the Authority for a minimum period.

(10) Where a provider referred to in subsection (2) organises or procures a programme of education and training and makes a request under that subsection in respect of an award made on completion of the programme but that programme is, wholly or partly, provided by another person, the provider making the request shall consult with that other person before making the request.

(11) For the purposes of this section, and sections 53, 54 and 55, a class of programme of education and training may comprise F44[…]—

F42[(a) either or both—

(i) programmes which lead to awards that are awards included within the Framework or included at—

(I) a specific level within, or

(II) levels falling in a specific range within,

the Framework,

(ii) programmes in a particular subject area included within the Framework (whether included within it at a specific level or at levels as described insubparagraph (i)(II)),

(b) any other grouping (by reference to such matters as the Authority considers appropriate) of programmes that the Authority deems to be necessary or expedient.]

53. Determination of request for delegation of authority to make award.

53.— (1) The Authority shall evaluate a request made under section 52(2) in accordance with procedures established under that section and shall prepare a report on its evaluation.

(2) The Authority shall furnish a copy of the report prepared under subsection (1) to the provider concerned and shall inform the provider that the provider may submit observations in writing to the Authority in relation to that report not later than one month after the furnishing of the report to the provider.

(3) After consideration of any observations submitted to the Authority under subsection (2), the Authority shall, within 6 months of receipt of the observations or within 6 months of the expiration of the one month period referred to in subsection (2), whichever is the earlier—

(a) where it is satisfied that—

(i) a programme or a class of programme of education and training of the provider for which delegated authority to make an award is sought, and

(ii) the overall operation and management of the provider,

meet the criteria established under section 52(1), delegate, subject to the conditions in subsection (4), to that provider the authority to make an award in respect of that programme or that class of programme, or

(b) refuse to delegate to that provider that authority and give reasons for the refusal.

(4) The provider concerned shall—

(a) (i) co-operate with and assist the Authority in the performance of the Authority’s functions in so far as those functions relate to the functions of the provider,

(ii) establish procedures which are fair and consistent for the assessment of enrolled learners to ensure the standards of knowledge, skill or competence determined by the Authority under section 49(1) are acquired, and where appropriate, demonstrated, by enrolled learners,

(iii) continue to comply with section 65 F45[…], if applicable, and

(iv) provide such information as the Authority may from time to time require for the purposes of the performance of its functions, including information in respect of completion rates,

and

(b) comply with any other condition that the Authority specifies by notice in writing to the provider concerned.

(5) The Authority shall, for the purpose of determining any other conditions under subsection (4)(b), have regard in particular to any programmes of the provider of the kind referred to in section 52(10).

(6) Where the Authority delegates authority to a provider to make an award, and the authority has not been withdrawn under section 55, any award made by the provider pursuant to that authority shall be an award of that provider.

(7) Where, at any time after the Authority delegates authority to a provider to make an award in respect of a class of programme, the provider proposes to make an award in respect of a programme which it considers comes within the class but the programme was not specified under section 52(6), the provider shall notify the Authority in writing of its proposal.

(8) The Authority may, within one month of receipt of a proposal under subsection (7), notify the provider in writing that it does not consider the programme comes within a class of programme in respect of which the provider has delegated authority to make an award.

(9) Where a provider is notified by the Authority under subsection (8), the provider shall not make an award in respect of the programme concerned.

(10) Where a provider does not receive a notification from the Authority under subsection (8), the provider may, after the expiration of one month referred to in that subsection, make an award in respect of the programme concerned.

(11) Where the Authority refuses under subsection (3)(b) to delegate to a provider the authority to make an award in respect of a programme or a class of programme of education and training, the provider may appeal against that refusal to the Appeals Panel.

(12) Where the Authority delegates to the provider authority to make an award but specifies a condition in writing under subsection (4)(b), the provider may appeal against the condition to the Appeals Panel.

(13) A provider who falsely claims or represents that the Authority has delegated to the provider authority to make an award in respect of a programme or a class of programme of education and training commits an offence.

(14) Where a provider has delegated authority to make an award under this section and enters into an arrangement with another awarding body to make a joint award in respect of a programme of education and training of the provider, that provider shall notify the Authority of the arrangement within 14 days of it being made.

54. Review by Authority of delegated authority to make award.

54.— (1) The Authority shall review each programme or class of programme of education and training of a provider to which authority to make an award has been delegated under section 53 and the overall operation and management of that provider—

(a) at least once every 7 years after the authority is delegated, and

(b) from time to time as the Authority thinks appropriate.

(2) The Authority shall, as soon as practicable after the establishment day, establish and publish, in such form and manner as it thinks appropriate (including on the internet), procedures for conducting reviews under subsection (1).

(3) A provider subject to review under subsection (1) shall pay to the Authority within one month of the completion of the review such fee (if any) as may be determined by the Authority under section 80.

55. Withdrawal or variation by Authority of delegated authority to make award.

55.— (1) Upon a review under section 54, where the Authority considers that—

(a) a programme or class of programme of education and training of a provider for which authority to make an award has been delegated, or the overall operation and management of the provider of the programme, no longer meets the criteria determined by the Authority under section 52(1),

(b) a condition referred to in section 53(4) is not being complied with, or

the Authority shall, by notice in writing, inform the provider concerned that it proposes to withdraw or vary the authority to make an award in relation to a programme or programmes of a class specified in the notice and state the reasons for the proposed withdrawal or variation.

(2) Where a proposal under subsection (1) is made in respect of—

(a) a provider who has entered into an arrangement referred to in section 53(14), and

(b) a programme or class of programmes which lead to a joint award referred to insection 53(14),

the Authority shall, by notice in writing, inform the awarding body referred to in section 53(14) that it proposes to withdraw or vary the authority of the provider to make an award in respect of the programme or class of programmes specified in the notice and state the reasons for the proposed withdrawal or variation.

(3) A notice under subsections (1) and (2) shall state that the provider, and the awarding body, if applicable, may submit observations in writing to the Authority in relation to the proposed withdrawal or variation set out in the notice not later than 3 months after the service of that notice on that provider and that awarding body, if applicable.

(4) Where, after consideration of any observations submitted to the Authority under subsection (3), the Authority continues to consider that paragraph (a), (b) or (c)of subsection (1)applies, it shall either withdraw or vary the authority in relation to the programme or programmes specified in the notice under subsection (1), by notice in writing addressed to that provider, from such date (not earlier than the date of service on the provider of the notice of withdrawal or variation) as it considers appropriate and as is specified in the notice.

(5) Where the Authority withdraws or varies authority under subsection (4) in respect of a programme of a provider referred to in subsection (2), the Authority shall, by notice in writing addressed to the awarding body referred to in that subsection, notify that awarding body of the withdrawal or variation of authority under subsection (4).

(6) A notice under subsections (4)and(5) shall state the reasons for the withdrawal or variation referred to in that subsection.

(7) Where the Authority withdraws or varies the authority of a provider to make an award under this section the provider may appeal against the withdrawal or variation to the Appeals Panel.

(8) Where the Authority withdraws delegated authority to make an award under subsection (4), each programme of education and training leading to that award shall, from the date specified in the notice referred to in that subsection, be taken to be validated under section 45 and the provisions of this Act shall apply to each of those programmes accordingly.

(9) In this section, reference to varying the authority to make an award means varying the conditions imposed under section 53(4)(b).

55A. F46[Sections 55A to 55I (Interpretation)

55A.—(1) Insections 55Bto55I—

(a)“listed awarding body”means an awarding body whose name, for the time being, appears in the list of awarding bodies;

(b) "list of awarding bodies" shall be construed in accordance withsection 55C(3);

(c) "operative date" means the date of commencement ofsection 23of the Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019;

(d) a reference to an affirmative decision made, or that will be made, undersection 55D, in relation to an award, is a reference to a decision made, or that will be made, under that section that it is appropriate that the award be regarded as one that is included within the Framework.

(2) The power of the Authority, under any ofsections 55Bto55I, to make decisions in relation to awards (including where the context is of a decision, undersection 55C(5), in relation to an awarding body with reference to awards) is a power that is exercisable in relation to awards generally (of the specific type or class concerned) as distinct from being a power exercisable in relation to the individual instances of the award being made to a person.]

55B. F47[Awards included within Framework (process by which awards acquire such status)

55B.—(1) For the purposes of this Act, an award shall be regarded as an "award that is included within the Framework" if, in accordance withsections 55Cand55D, the Authority makes the following decisions in that behalf, namely—

(a) firstly - with respect to the body that will make the particular award, and on the assumption that the decision referred to inparagraph (b)with respect to that award will be an affirmative decision - a decision, undersection 55C(5), that it is an appropriate body, with reference to the particular award, to make such an award, and

(b) following the making of that decision - a decision undersection 55Dthat it is appropriate that the particular award be regarded as one that is included within the Framework,

but this is subject tosubsections (2)to(4)andsections 55D(7)and55I.

(2)Subsection (1)(a)does not apply to an award that is made by—

(a) the Authority,

(b) a designated awarding body,

(d) a body that makes an award under theEducation Act 1998that stands specified by the Minister to be an award that falls within this paragraph,

and, accordingly, with respect to an award to be made by the Authority or by any foregoing body or provider and without prejudice tosubsection (3), an affirmative decision undersection 55Dsuffices for the award to be regarded, for the purposes of this Act, as an award that is included within the Framework.

(3) In respect of an award made by a designated awarding body, such an award shall, without the need for the making of a decision undersection 55D, be regarded as an award that is included within the Framework if—

(a) arrangements of the kind referred to insubsection (4)have been put in place by the designated awarding body and the Authority, and

(b) on foot of those arrangements, the Authority—

(i) expresses its agreement with the view, concerning that award, of the designated awarding body referred to inparagraph (a)ofsubsection (4), and

(ii) notifies the body, in writing, to that effect,

and an award, the subject of such a notification, is referred to subsequently in this Act as a "section 55B(3)award".

(4) The arrangements referred to insubsection (3)are arrangements that consist of the following 2 procedures—

(a) a procedure under which, following its forming such a view in relation to an award it makes, a designated awarding body may, by notice in writing served on the Authority, state that the body is of the view it is appropriate that the award be regarded as an award that is included within the Framework, and

(b) a procedure under which the Authority may—

(i) having had regard to the view of the body expressed in that notice, and

(ii) having consulted with the body,

express the agreement of the Authority with that view.

(5) Notwithstanding that asection 55B(3)award has not been preceded by the making of a decision by the Authority undersection 55Din relation to it, asection 55B(3)award shall for the purposes, and the purposes only, ofsubsections (6)to(8)ofsection 55D(and the relevant provisions ofsections 55Iand80referred to in those subsections) be deemed to have been the subject of an affirmative decision made undersection 55D.]

55C.—(1) The purpose for which provision for—

(a) the establishment of the category next referred to in this section, and

(b) the procedures for the listing of awarding bodies,

is made by this section is so that an award, being an award—

(i) the subject of an affirmative decision undersection 55D, and

(ii) made by an awarding body whose name appears in the list of awarding bodies,

is, for the purposes of this Act, an award included within the Framework.

(2) On the completion of the steps specified insubsection (3), there shall stand established under this Act a category of awarding bodies, exclusive of the Authority or a body or provider referred to insection 55B(2), and the category so established shall be known, and is in this Act referred to, as "listed awarding bodies".

(3) As soon as practicable after the operative date, the Authority shall prepare, maintain and publish a list which shall be known, and is in this Act referred to, as the "list of awarding bodies".

(4) There shall be included in the foregoing list the name of each awarding body (other than the Authority or a body or provider referred to insection 55B(2))—

(a) that makes an application to the Authority for the inclusion by the Authority of its name in the list with reference to one, or more than one award, proposed to be made by it, and

(b) the inclusion of whose name in the list, on foot of such an application, is acceded to by the Authority following a decision undersubsection (5)by the Authority that the awarding body is an appropriate body, with reference to that award, to make such an award.

(5) Following receipt of the foregoing application and subject tosubsections (6)and(7), the Authority shall make a decision as to whether the applicant awarding body is an appropriate body, with reference to the award concerned, to make such an award.

(6) For the purpose of its making a decision undersubsection (5)and that purpose only, the Authority shall proceed on the assumption that an affirmative decision will be made undersection 55Din relation to the award referred to insubsection (4)(b).

(7) For the purpose of its making a decision under subsection (5), the Authority shall have regard to the policies and criteria established undersection 55E(1)(a).

(8) A reference insubsection (4)to the inclusion by the Authority of a name in the list of awarding bodies includes a reference to the Authority’s accepting a name for inclusion in that list (following a decision undersubsection (5)that the body concerned is an appropriate body as there referred to) pending completion by it of the steps undersubsection (3)which lead to that list’s preparation.

(9) An application undersubsection (4)shall be accompanied by such fee (if any) as may be determined by the Authority undersection 80.

(10) The Authority shall establish procedures that are to be followed by it in making a decision undersubsection (5).

(11) If the Authority decides to refuse an application made by an awarding body undersubsection (4)(a), the awarding body may appeal against that decision to the Appeals Panel.

(12) The Authority shall publish procedures established undersubsection (10)in such form and manner as it thinks appropriate (including on the internet).]

55D. F49[Decision that award is an appropriate one to be included in Framework

55D.—(1) On an application in that behalf by the awarding body that intends to make the particular award, whether—

(a) a listed awarding body,

(b) save where the award concerned of such a body is asection 55B(3)award, a designated awarding body, or

the Authority shall make a decision as to whether it is appropriate that the award be regarded as one that is included within the Framework.

(2) Save where, in the case of a particular class of award, the making of a decision as to its status (by reference to the Framework) is, in the opinion of the Authority, unnecessary, the Authority shall make a decision as to whether it is appropriate that an award of the Authority be regarded as one that is included within the Framework.

(3) In making a decision under this section, the Authority shall have regard to the policies and criteria established undersection 55E(1)(b).

(4) An application undersubsection (1)shall be accompanied by such fee (if any) as may be determined by the Authority undersection 80.

(5) If the Authority decides to refuse an application made by an awarding body undersubsection (1), the awarding body may appeal against that decision to the Appeals Panel.

(6) If the Authority makes an affirmative decision under this section with respect to an award of a listed awarding body or a body or provider referred to insection 55B(2)(b),(c)or(d), the awarding body concerned shall pay to the Authority—

(a) within one month of the date of the decision, in consideration of the benefit that is conferred by reason of that decision, such fee (if any) as may be determined by the Authority undersection 80, and which benefit is referred to in that section as the "benefit of a decision undersection 55D", and

(b) within one month of each anniversary of the date of the decision, in consideration of the benefit that continues to be conferred by reason of that decision, such fee (if any) as may be determined by the Authority undersection 80, and which benefit is referred to in that section as the "continuing benefit of a decision undersection 55D",

butparagraph (b)does not apply if, on or before the anniversary referred to in that paragraph or during the month following it, the award concerned has ceased, by virtue ofsection 55I(1), to be regarded for the purposes of this Act as an award that is included within the Framework.

(7) If default is made by an awarding body in complying withsubsection (6), then unless the Authority determines that the period for the payment of the fee concerned ought to be extended (and extends the period accordingly and the fee is paid to it within that extended period), the award of the awarding body shall, from such date as the Authority specifies, not be regarded, for the purposes of this Act, as an award that is included within the Framework.

(8) Where, undersubsection (7), an award ceases to be regarded, for the purposes of this Act, as an award that is included within the Framework,subsection (2)ofsection 55Ishall apply as it applies in the case ofsubsection (1)of that section but with the substitution of references to the making of default in compliance (by the awarding body) withsubsection (6)of this section for references to the deletion of the awarding body’s name from the list of awarding bodies.]

55E. F50[Policies and criteria for making decisions under sections 55C(5) and 55D

55E.—(1) As soon as practicable after the operative date, the Authority shall establish policies and criteria to which regard shall be had by the Authority in making—

(a) a decision undersection 55C(5), and

(b) a decision undersection 55D.

(2) The Authority shall publish the policies and criteria established undersubsection (1)in such form and manner as it thinks appropriate (including on the internet).

(3) The reference insubsection (1)to policies and criteria, so far as that subsection relates to a decision undersection 55C(5), shall be deemed to include a reference to minimum requirements, that is to say requirements that must first be fulfilled before the Authority may make a decision undersection 55C(5)that the relevant awarding body is an appropriate body, with reference to a particular award, to make such an award.

(4) A requirement of the kind referred to insubsection (3)may include a requirement that the making of an application, undersection 55C(4)(a), by an awarding body has been endorsed by a public authority of such class as is specified by the Authority in the requirement, and, for the purposes of this subsection, "public authority" includes the Minister, any other Minister of the Government, An tÚdarás um Ard-Oideachas, Solas, a professional recognition body and a designated awarding body.

(5) The Authority may establish different policies and criteria undersubsection (1)(b)in respect of different awards.

(6)Subsection (7)applies so far as the number of awards that, for the time being, stand included within the Framework is attributable to the policies and criteria established undersubsection (1)(b).

(7) The Authority shall, in establishing policies and criteria undersubsection (1)(b), have regard to the need to ensure:

(a) that the number of awards included within the Framework provides a reasonable level of choice for learners; and

(b) that the number of awards included within the Framework that are awards with similar learning outcomes is not excessive.

(8) In addition to what is provided insubsection (7), the Authority shall, in establishing policies and criteria undersubsection (1)(b), have regard to:

(a) the reasonable requirements of learners;

(b) the reasonable requirements of industry, agriculture, business, tourism and trade, the professions and the public service;

(c) the extent to which present and past awards in the State serve or served their educational purpose and the needs of the economy;

(d) any consultation, concerning the education and training needs of learners, engaged in by it with—

(i) bodies with responsibility for managing the provision of education and training that is funded by the Exchequer, and

(ii) bodies that regulate one or more professions;

and

(e) such aspects of Government policy as the Minister may specify for the purposes of this paragraph.

(9) The Authority may consult with another public body, including a public body that is established outside the State, where it considers that it is appropriate to do so for the efficient and effective operation of policies and criteria established undersubsection (1).

(10) The Authority shall, within 5 years after the establishment of policies and criteria undersubsection (1)and at least once in every period of 5 years thereafter, review those policies and criteria.]

55F. F51[Duties of listed awarding bodies

55F.—(1) In this section "associated provider" means a provider, having a place of business in the State, that enters into an arrangement with a listed awarding body under which arrangement the provider provides a programme of education and training that satisfies all of the prerequisites for an award of the listed awarding body that is included within the Framework.

(2) A listed awarding body shall establish procedures for the quality assurance of its awards and for the external quality assurance of providers who, in relation to it, are associated providers.

(3) The Authority may give one, or more than one, direction to a listed awarding body requiring the body to impose on a provider, who, in relation to the listed awarding body, is an associated provider, obligations to whichsubsection (4)applies, and obligations, so imposed, shall be complied with by the provider accordingly.

(4) This subsection applies to obligations (which shall be specified in the direction concerned undersubsection (3))—

(a) the imposition of which, in the opinion of the Authority, is necessary or expedient, and

(b) that are to apply to, or in respect of, the provider’s activities as an associated provider in relation to the awarding body.

(5) Without prejudice to the generality ofsubsection (4), the obligations to which that subsection applies include obligations with respect to the employment of—

(a) procedures for access, transfer and progression of learners,

(b) procedures for quality assurance, and

(c) procedures, which are fair and consistent, for the assessment of enrolled learners to ensure the standards of knowledge, skill or competence determined by the awarding body concerned (before awards that are included within the Framework are made by that body) are acquired and, where appropriate, demonstrated, by enrolled learners.

(6) For the purposes of the compliance by an associated provider with the obligation referred to inparagraph (a)ofsubsection (5)to employ the procedures referred to in that paragraph, the associated provider shall have regard to the policies and criteria established by the Authority undersubsection (1)ofsection 56if that subsection would otherwise not apply.

(7) A listed awarding body shall—

(a) co-operate with the Authority in the performance of the Authority’s functions in so far as those functions relate to the inclusion of awards within the Framework,

(b) monitor compliance by an associated provider, on whom it has imposed obligations pursuant to a direction undersubsection (3), with those obligations,

(c) review from time to time, and not less than once every 5 years, or at any time upon the request of the Authority, compliance by such an associated provider with the foregoing obligations,

(d) if such an associated provider has failed in a material respect to comply with any of the foregoing obligations, discontinue (after having afforded the provider a reasonable opportunity to make representations in writing that the grounds for such discontinuance do not exist in the particular case) any arrangement that exists between it and the associated provider under which arrangement the provider provides a programme referred to insubsection (1),

(e) provide to the Authority such information as the Authority may from time to time require for purposes of the performance of its functions in relation to awards included within the Framework, and

(f) comply with any condition that the Authority imposes, by notice in writing given to the body, on the awarding body concerned, being a condition the imposition of which the Authority considers to be necessary or expedient so as to maintain the integrity and standing of the Framework.

(8) Without prejudice to the generality ofparagraph (e)ofsubsection (7), the information that the Authority may require to be provided under that paragraph includes—

(a) particulars of providers who, in relation to the listed awarding body concerned, are associated providers,

(b) particulars of programmes of education and training validated by the Authority or otherwise included within the Framework that lead to awards of the listed awarding body concerned that are included within the Framework,

(c) any report prepared by the listed awarding body concerned on foot of a review carried out by it with respect to the provision of programmes of education and training that lead to awards of the body that are included within the Framework, and

(d) numbers of awards made by the listed awarding body concerned that are included within the Framework.

(9) An awarding body that is not a listed awarding body but which claims or represents that it is such an awarding body commits an offence.]

55G. F52[Review of listed awarding bodies

55G.—(1) The Authority shall—

(a) at least once every 7 years, and

(b) from time to time as the Authority thinks appropriate,

review the operation and management of each listed awarding body in so far as that operation and management relates to—

(i) awards of the listed awarding body that are included within the Framework,

(ii) the listed awarding body’s implementation of the procedures established by it undersection 55F(2), and

(iii) the fulfilment by the listed awarding body of its duties undersection 55F(7)(b)and(c).

(2) The Authority shall establish and publish in such form and manner as it thinks appropriate (including on the internet) procedures and criteria for conducting reviews undersubsection (1).

(3) A listed awarding body subject to review undersubsection (1)shall pay to the Authority within one month of the completion of the review such fee (if any) as may be determined by the Authority undersection 80.

(4) In conducting a review undersubsection (1), the Authority may have regard to any other review conducted under this Act.

(5) The Authority shall prepare a report setting out the results of a review conducted undersubsection (1).

(6) The Authority shall provide a copy of the report undersubsection (5)to the awarding body concerned and, in providing the report to it, the Authority shall state to the awarding body that it may, within one month from the provision of the report to it, submit observations in writing to the Authority in relation to the report, and the awarding body may submit such observations accordingly.

(7) After consideration of any observations submitted to it in accordance withsubsection (6), the Authority may make any amendments to the report that the Authority considers appropriate. If such amendments are made to it, a copy of the report, as so amended, shall be provided by the Authority to the awarding body concerned.

(8) The Authority shall publish the report prepared undersubsection (5), or, if it has been amended undersubsection (7), the report as amended under the latter subsection, in such form and manner as the Authority thinks appropriate (including on the internet).

(9) Where, following a review under this section, the Authority gives a notice undersection 55H(4)to the awarding body concerned, thensubsections (6),(7)and(8)shall not apply in that particular case.

(10) Where—

(a) a listed awarding body is a body established under the law of a state, other than the State, and

(b) apart from the provision made by this Act for the Authority to exercise powers in relation to it, that awarding body is subject to regulation or quality assurance by an agency established outside the State,

the Authority may, for the purpose of conducting a review undersubsection (1)in respect of that awarding body, cooperate with that agency.]

55H. F53[Withdrawal or variation of listing of awarding bodies

55H.—(1) Where, following a review undersection 55Gin respect of a listed awarding body, the Authority is of the opinion that, on any of the grounds specified insubsection (3), either—

(a) it is no longer appropriate that the awarding body’s name stand included in the list of awarding bodies with reference (as the Authority considers appropriate) either—

(i) to each of the one or more awards as respects which the body’s name had been included in that list (a "whole deletion"), or

(ii) to such one or more (as the Authority specifies), but not all, of those awards (a "partial deletion"),

(b) the conditions for the time being imposed on the awarding body undersection 55F(7)(f)ought to be varied,

then, subject to the provisions of this section, the powers specified insubsection (2)may be exercised by the Authority.

(2) The powers referred to insubsection (1)are—

(a) to delete from the list of awarding bodies the name, whether by way of a whole deletion or, as the Authority considers appropriate, by way of a partial deletion, of the awarding body concerned, or

(b) to vary the conditions for the time being imposed on the awarding body concerned undersection 55F(7)(f).

(3) The grounds referred to insubsection (1)are—

(a) having regard to the policies and criteria established undersection 55E(1)(a), it is appropriate that the name of the awarding body concerned no longer stand included, whether by way of a whole deletion or by way of a partial deletion, in the list of awarding bodies or that, as respects the conditions for the time being imposed on the awarding body concerned undersection 55F(7)(f), those conditions ought to be varied,

(b) the awarding body concerned has failed to comply with one or more of the conditions imposed on it undersection 55F(7)(f), or

(c) other circumstances exist in respect of the awarding body concerned that the Authority considers provide a reasonable justification for the exercise by it of either of the powers specified insubsection (2)in relation to that body,

and this section shall be construed so that the existence of the ground specified inparagraph (b), as with that specified inparagraph (a)or(c), enables the exercise by the Authority of either of the powers specified insubsection (2)in relation to the body concerned.

(4) If the Authority proposes to exercise either of the powers specified insubsection (2)in relation to a listed awarding body, the Authority shall, by notice in writing, inform the awarding body that the Authority proposes to delete from the list of awarding bodies its name, whether by way of a whole deletion or by way of a partial deletion and, in the case of the latter, specifying the awards to which it is proposed the deletion will apply, or, as the case may be, to vary, in specified respects, the conditions that stand imposed on it undersection 55F(7)(f), and the notice shall state the reasons for the proposed course of action and be accompanied by a copy of the report prepared undersection 55G(5).

(5) A notice undersubsection (4)shall state that the awarding body may submit observations in writing to the Authority in relation to the proposed course of action specified in the notice or in relation to the report that accompanies the notice, not later than one month from the service of the notice on the awarding body, and the awarding body may submit such observations accordingly.

(6) Where after consideration of any observations submitted to it in accordance withsubsection (5)—

(a) the Authority is still of the opinion referred to insubsection (1)(a)or(b), it may, by notice in writing addressed to the awarding body—

(i) delete from the list of awarding bodies the awarding body’s name, whether by way of a whole deletion or, as the case may be, by way of a partial deletion (being the partial deletion as notified to that body undersubsection (4)), or

(ii) vary, in particular respects, the conditions that stand imposed on the awarding body undersection 55F(7)(f),

(b) in a case in which the original opinion was that referred to insubsection (1)(a)and the Authority is now of the opinion that the awarding body’s name should be deleted from the list of awarding bodies by way of—

(i) a partial deletion (rather than by way of a whole deletion), or

(ii) a partial deletion as respects a lesser number of awards than had been notified to that body undersubsection (4),

it may, by notice in writing addressed to the awarding body, delete from that list the body’s name by way of a partial deletion consonant with what is described insubparagraph (i)or, as the case may be,subparagraph (ii),

and that deletion (of whatever kind) or variation shall be expressed to take effect from such date (not being earlier than the date of service of the notice) as the Authority considers appropriate and specifies in the notice.

(7) A notice undersubsection (6)shall state the reasons for the deletion or variation referred to in that subsection.

(8) After consideration of any observations submitted to it in accordance withsubsection (5), the Authority may make any amendments to the report prepared undersection 55G(5)that the Authority considers appropriate. If such amendments are made to it, a copy of the report, as so amended, shall be provided by the Authority to the awarding body concerned.

(9) The Authority shall publish the report prepared undersection 55G(5), or, if it has been amended undersubsection (8), the report as amended under that subsection, in such form and manner as the Authority thinks appropriate (including on the internet).

(10) The awarding body concerned may appeal to the Appeals Board against the deletion, under this section, of its name (whether by way of a whole deletion or by way of a partial deletion) from the list of awarding bodies or the variation, under this section, of the conditions that stand imposed on it undersection 55F(7)(f).]

55I. F54[Effect of deletion of awarding body’s name from list

55I.—(1) Notwithstanding the fact of an affirmative decision having been made undersection 55Din respect of the award concerned, if the name of an awarding body is deleted, undersection 55H(6), (in whatever of the ways there provided) from the list of awarding bodies, any award of that body made after that deletion shall, for the purposes of this Act, not be regarded as an award that is included within the Framework, but this is subject tosubsections (2)and(3).

(2) If the name of the awarding body concerned has been deleted, undersubsection (6)ofsection 55H, by way of what is referred to in that subsection (in whatever provision of it) as a "partial deletion", thensubsection (1)shall not have effect in relation to any award as respects which that partial deletion does not apply.

(3) Without prejudice tosubsection (2), if an award is made by an awarding body, after the deletion of its name as referred to insubsection (1), to a person whose enrolment on the programme of education and training that led to the making of the award occurred before the foregoing deletion, then that award, with respect to that person, shall be regarded, for the purposes of this Act, as an award that is included within the Framework.]

56. Procedures for access, transfer and progression in relation to learners.

56.— (1) The Authority shall, as soon as practicable after the establishment day, establish and publish, in such form and manner as it thinks appropriate (including on the internet), policies and criteria for access, transfer and progression in relation to learners.

(2) Each relevant provider and linked provider shall, as soon as practicable after policies and criteria are established under subsection (1), in accordance with those policies and criteria, establish procedures for access, transfer and progression in relation to learners to be implemented by the provider concerned.

(3) The procedures referred to in subsection (2) shall include procedures for credit accumulation, credit transfer and identification and formal assessment of the knowledge, skills or competence previously acquired by learners.

(4) Before establishing procedures under subsection (2), each relevant provider, other than a previously established university, and each linked provider, shall submit a draft of the proposed procedures to the Authority for approval, accompanied by such fee (if any) as may be determined by the Authority under section 80.

(5) Upon consideration of the proposed procedures submitted to it under subsection (4), the Authority shall—

(a) approve the proposed procedures, or

(b) refuse to approve the proposed procedures but make such recommendations to the provider as it thinks appropriate.

(6) Where the Authority approves procedures under subsection (5)(a), the provider concerned shall publish those procedures in such form and manner (including on the internet) as the Authority directs and shall furnish a copy of the procedures as published to the Authority, and a linked provider shall also furnish a copy to the relevant designated awarding body.

(7) Where the Authority makes recommendations under subsection (5)(b) the provider concerned shall take account of those recommendations before resubmitting the proposed procedures for approval under subsection (4).

(8) No further fee shall be payable where a provider resubmits proposed procedures in accordance with subsection (7).

(9) A provider shall implement procedures approved by the Authority under subsection (5)(a).

(10) A previously established university shall consult with the Authority before establishing procedures under subsection (2).

(11) A previously established university shall provide a copy of the procedures established by it under subsection (2) to the Authority and shall publish those procedures as soon as practicable thereafter.

(12) The Authority shall facilitate and advise previously established universities in implementing the procedures established under subsection (2).

(13) In this section—

“credit” means an acknowledgement of an enrolled learner’s completion of a programme or part of a programme of education and training to a particular standard;

“credit transfer” means transferring credits awarded for studies undertaken as part of one programme of education and training to another programme.

57. Review by Authority of implementation of procedures for access, transfer and progression.

57.— (1) The Authority shall review the implementation by each relevant provider and each linked provider of the procedures established by the provider under section 56(2)—

(a) at least once every 7 years from the date of establishment of the procedures, and

(b) from time to time as the Authority thinks appropriate.

(2) A relevant provider or a linked provider subject to review under subsection (1) shall pay to the Authority within one month of the completion of the review such fee (if any) as may be determined by the Authority under section 80.

(3) The Authority shall consult with An tÚdarás um Ard-Oideachas in carrying out a review under subsection (1) where—

(a) that review relates to a provider referred to in that subsection, and

(b) that provider is F55[a designated institution of higher education].

F56[(3A) The Authority shall consult with Solas in carrying out a review under subsection (1) where—

(a) that review relates to a relevant provider, and

(b) that relevant provider is an education and training board or other body engaged in the provision of further education and training programmes, to whom moneys have been advanced under section 21 of theFurther Education and Training Act 2013.]

(4) The Authority shall publish a report of its findings resulting from a review under subsection (1)in such form and manner as it thinks appropriate (including on the internet).

58. Directions of Authority following review of procedures for access, transfer and progression.

58.— (1) Where the Authority has carried out a review under section 57, the Authority may issue such directions in writing to a relevant provider, other than a previously established university, or to a linked provider, as the Authority thinks appropriate.

(2) The Authority shall consult with the provider concerned prior to issuing directions under subsection (1).

(3) A provider referred to in subsection (1) shall comply with a direction issued under that subsection.

(4) A provider referred to insubsection (1) shall provide the Authority with information from time to time and when requested to do so by the Authority regarding the compliance by the provider with a direction issued to the provider under that subsection.

59. Withdrawal by Authority of approval of access, transfer and progression procedures.

59.— (1) Where, in relation to a relevant provider, other than a previously established university, or in relation to a linked provider, the Authority considers that—

(a) directions issued by the Authority to that provider under section 58(1) have not been complied with, or

(b) there are serious deficiencies in the implementation by that provider of procedures for access, transfer and progression of that provider,

the Authority shall, by notice in writing, inform the provider that it proposes to withdraw its approval of the procedures established under section 56 and state the reasons for the proposed withdrawal.

(2) Where a proposal under subsection (1) is made in respect of a provider who has entered into an arrangement referred to in section 53(14), the Authority shall, by notice in writing, inform the awarding body referred to in section 53(14) that—

(a) it proposes to withdraw its approval of the procedures for access, transfer and progression established by the provider undersection 56 and state the reasons for the proposed withdrawal, and

(b) if the Authority withdraws its approval, it shall also withdraw any authority to make awards delegated to that provider under section 53.

(3) A notice under subsections (1) and (2) shall state that the provider, and the awarding body, if applicable, may submit observations in writing to the Authority in relation to the reasons for the proposed withdrawal set out in the notice not later than one month after the service of the notice on the provider and the awarding body, if applicable.

(4) Where, after consideration of any observations submitted to the Authority under subsection (3), the Authority continues to consider that paragraph (a)or (b) of subsection (1) applies, it shall withdraw its approval of the procedures established under section 56, by notice in writing addressed to the provider, from such date (not earlier than the date of service on the provider of the notice of withdrawal) as it considers appropriate and as is specified in the notice.

(5) A notice under subsection (4) shall state the reasons for the withdrawal referred to in that subsection.

(6) Where the Authority withdraws approval under subsection (4), the provider concerned may appeal against the withdrawal to the Appeals Panel.

(7) Where the Authority withdraws approval under subsection (4), the Authority shall also by notice in writing addressed to that provider, from such date (not earlier than the date of service on the provider of the notice of withdrawal) as it considers appropriate and as is specified in the notice having regard to the interests of enrolled learners concerned, where applicable to that provider, withdraw—

(a) validation of any programmes of education and training of that provider which the Authority has validated under section 45,

(b) any authority to make awards delegated to that provider under section 53, and

(c) authorisation to use the international education mark where the relevant provider concerned is authorised to use the international education mark under section 61.

(8) Where the Authority withdraws approval under subsection (4) in respect of a provider referred to in subsection (2), the Authority shall, by notice in writing addressed to the awarding body referred to in that subsection, notify that awarding body of a withdrawal under subsection (7) of that provider’s authority to make awards delegated to it under section 53.

PART 5 Code of Practice and International Education Mark

60. Code of Practice for provision of programme to international learners.

60.— F57[(1) The Authority shall, as soon as practicable after the commencement of section 25 of the Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019, establish and publish a code of practice to be complied with by providers (other than associated providers) of programmes of education and training to—

(a) international learners in the State enrolled on—

(i) programmes leading to awards that are awards included within the Framework made by:

(I) the Authority;

(II) a provider to whom the authority to make an award has been delegated undersection 53;

(III) a designated awarding body; or

(IV) a listed awarding body,

(ii) English language programmes,

(b) learners outside the State enrolled on programmes leading to awards that are awards included within the Framework made by the Authority or a body or provider referred to inparagraph (a)(i)(II)or(III),

for the purposes, in either case, of obtaining authorisation from the Authority to use the international education mark undersection 61.]

F58[(1A) The Authority may establish and publish undersubsection (1)—

(a) different codes of practice for different relevant or linked providers, or groups of relevant or linked providers,

(b) different codes of practice for different classes of programmes or different types of provision.]

F57[(2) Before establishing a code of practice undersubsection (1), the Authority shall consult with An tÚdarás um Ard-Oideachas and such providers and other bodies as the Authority considers appropriate.]

(3) The Authority shall publish the code of practice established under subsection (1)in such form and manner as it thinks appropriate (including on the internet) specifying the date on which the code shall come into operation.

(4) A code of practice established under subsection (1)may include different provisions in respect of different providers or providers of different classes.

(5) The Authority may amend or revoke a code of practice established under subsection (1).

(6) Without prejudice to the generality of subsection (1), a code of practice established under that subsection shall specify requirements relating to—

(a) arrangements for the protection of learners,

(b) the collection of fees from enrolled learners, F59[…]

F58[(d) the establishment of policies and procedures in writing by a provider for the purposes of the management of human resources, including policies and procedures for the recruitment, training, continuing professional development, employment and cessation of employment of education and teaching staff.]

F57[(7) In specifying, undersubsection (6), requirements relating to the matters referred to inparagraph (d)of that subsection, the Authority shall consult, in such manner as it thinks fit, with such person or persons, who represent education and training staff of providers, as it considers appropriate.]

61. International education mark.

61.— (1) The Authority shall specify an international education mark (in this Act referred to as the “international education mark”) to indicate that a provider is in compliance with the code of practice.

F60[(1A) The Authority may specify variant forms of the international education mark for different groups of providers or classes of programmes, including an international education mark for English language education and training.]

(2) The international education mark may include such words as the Authority decides from time to time, subject to the agreement of the Minister.

F61[(3) Subject tosubsection (5), a provider (other than an associated provider) may apply to the Authority for authorisation to use the international education mark:

(a) if all programmes offered by the provider to international learners lead to one or more awards that are awards included within the Framework;

(b) in respect of each programme offered by the provider which leads to an award that is an award included within the Framework; or

(4) An application under subsection (3)shall be accompanied by such fee (if any) as may be determined by the Authority under section 80.

F61[(5) A provider shall not make an application undersubsection (3)unless—

(a) the provider has established procedures for quality assurance undersection 28that will address, in a manner that is appropriate, the requirements under this Part for authorisation to use the international education mark, and

(b) the provider has established procedures for access, transfer and progression undersection 56.]

(6) A provider, other than a relevant provider or a linked provider, who makes an application for authorisation to use the international education mark under subsection (3) may—

(a) for the purposes of complying with subsection (5)(a), establish procedures for quality assurance under section 28 as if the provider was a relevant provider and F61[sections 30,31,34,35and36] shall apply to such a provider as if that provider was a relevant provider, and

F61[(b) for the purposes of complying withsubsection (5)(b), establish procedures for access, transfer and progression undersection 56as if the provider was a relevant provider andsections 57,58and59shall apply as if the provider was a relevant provider.]

F61[(7) The Authority shall determine an application undersubsection (3)by assessing—

(a) the compliance of the provider with the code of practice, and

(b) other than in the case of a previously established university or a linked provider, the suitability of the provider’s quality assurance procedures having regard to the fact that, should its application be granted, the provider will be authorised to use the international education mark,

and following upon such assessment, the Authority shall:

(i) subject tosubsection (8), authorise the use by the provider of the international education mark where it is satisfied that the provider is in compliance with that code and, in a case to whichparagraph (b)applies, that its quality assurance procedures are suitable having regard to the fact referred to in that paragraph; or

(ii) refuse to authorise the use by the provider of the international education mark giving reasons for the refusal,

and shall notify the provider in writing of its decision.]

(8) The authorisation to use the international education mark by the Authority is subject to—

(a) the conditions specified in subsection (9), and

(b) any other conditions that the Authority thinks it appropriate to impose in relation to that authorisation.

(9) A provider authorised to use the international education mark shall—

(a) co-operate and assist the Authority in the performance of the Authority’s functions in so far as those functions relate to operation of the code of practice and the international education F61[mark,]

(b) provide to the Authority such information as the Authority may from time to time require for the purposes of the performance of its functions in relation to the code of practice and the international education F61[mark, and]

F60[(c) comply withsection 65(1).]

62. Annual charge for use of international education mark.

62.— (1) Each provider who is authorised to use the international education mark shall, upon each anniversary (in this section referred to as the “liability date”) of the date of such authorisation, be liable to pay a charge (in this Act referred to as the “annual charge”) in respect of that authorisation.

(2) The annual charge shall be paid to the Authority on or before the liability date or before the expiration of such period as may be prescribed, and in the manner specified by the Authority.

(3) Subject to subsection (5), the Minister shall prescribe the annual charge to be paid having regard to the expenditure incurred or reasonably expected to be incurred by the Authority in—

(a) maintaining and developing the code of practice,

(b) promoting the international education mark, and

(c) maintaining the integrity, on an ongoing basis, of the code of practice, and the international education mark, in particular by ensuring the international education mark is used only by providers who are authorised to do so.

(4) Subject to subsection (5), the Minister may prescribe a different annual charge under subsection (3) in respect of different providers or providers of different classes having regard to the following matters:

(a) the number of international learners enrolled in programmes of education and training provided by the provider;

(b) the duration of the programmes of education and training provided to international learners.

(5) The amount of the annual charge prescribed under subsection (3)shall not exceed an amount of €50,000.

(6) The Minister may prescribe—

(a) general or special exemptions from the payment of the annual charge (wholly or partly) in different circumstances,

(b) a reduction in the annual charge having regard to the method of payment of the charge.

(7) The annual charge shall be recoverable by the Authority as a simple contract debt in any court of competent jurisdiction.

63. Review by Authority of provider’s compliance with code of practice and provider’s use of international education mark.

63.— (1) The Authority may at any time review compliance by a provider authorised to use the international education mark with—

(a) the code of practice, and

(b) conditions referred to in subsection (8) of F62[section 61,]

F63[and, in carrying out such a review, the Authority where, in its discretion, having regard to all the circumstances of the matter, the taking of such steps is considered by it to be appropriate, may take steps to ascertain whether a failure of the kind, in the particular respect there referred to, specified insubsection (4)has occurred on the part of the provider to comply with an enactment or an instrument under an enactment.]

(2) Without prejudice to the generality of subsection (1), the Authority shall carry out a review under that subsection of providers of F62[English language programmes] at least once every 3 years.

(4) Upon a review under subsection (1), where the Authority considers that—

(a) a provider no longer complies with the code of practice, F64[…]

(b) a condition referred to in subsection (8) of section 61 is not being complied with,

F63[(c) a provider has failed to comply with an enactment or instrument referred to insection 29B(2)(c)where such failure is in a respect which the Authority considers could be said to affect adversely the standing of the international education mark, or

(d) a provider has failed to comply with any other enactment or instrument under an enactment where such failure is in a respect which the Authority considers could be said to affect adversely the standing of the international education mark among those seeking to receive education and training in the sector concerned,]

the Authority shall, by notice in writing, inform the provider concerned that it proposes to withdraw the provider’s authorisation to use the international education mark, and state the reasons for the proposed withdrawal.

(5) The notice under subsection (4)shall state that the provider may submit observations in writing to the Authority in relation to the reasons for the proposed withdrawal set out in the notice not later than one month after the service of the notice on the provider.

(6) Where, after consideration of any observations submitted to the Authority under subsection (5), the Authority continues to consider that paragraph (a) or (b) of subsection (4) applies, it shall withdraw the provider’s authorisation to use the international education mark by notice in writing addressed to the provider from such date (not earlier than the date of service on the provider of the notice of withdrawal) as it considers appropriate and as is specified in the notice.

(7) A notice under subsection (6) shall state the reasons for the withdrawal referred to in that subsection.

F63[(7A) A provider may give notice in writing to the Authority that it no longer wishes to have authorisation to use the international education mark; on receipt of such a notice, the Authority may withdraw the provider’s authorisation to use that mark, without the need for a review, by notice in writing addressed to the provider.]

(8) In carrying out a review under subsection (1)the Authority may have regard to any other review of the provider carried out under this Act, where that other review is relevant to the code of practice.

(9) Where the Authority withdraws a provider’s authorisation to use the international education mark the provider may appeal against the withdrawal to the Appeals Panel.

PART 6 Protection of Enrolled Learners

64. F65[Interpretation and application of Part

64.—(1) This Part applies to—

(a) subject toparagraph (b), programmes of education and training of 3 months or longer duration, and

(b) English language programmes.

(2) In this Part—

"annual charge" shall be construed in accordance withsection 65(1);

"Learner Protection Fund" shall be construed in accordance withsection 66(1);

"protected programme default event" means, in relation to a programme of education and training offered by a provider—

(a) that will lead to an award that is an award included within the Framework, or

(b) that is an English language programme,

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