Higher Education Authority Act 2022

Type Act

Publication 2022-10-12

Last updated 2024-08-01

State In force

Source Irish Statute Book

articles 145

(2) The personal data requested by An tÚdarás from a designated institution of higher education or a funded body may include special categories of personal data, subject to suitable and specific measures taken to protect the data, which may include—

(a) limitations on access to the data undergoing processing within An tÚdarás in order to prevent unauthorised consultation, alteration, disclosure or erasure of the data,

(b) strict time limits for the erasure of the data and mechanisms to ensure that such time limits are observed,

(d) where possible, the aggregation of the data.

(3) If a designated institution of higher education or a funded body fails or refuses to provide data when requested to do so under subsection (1) or (2), An tÚdarás may, by notice in writing, direct the designated institution of higher education or the funded body, as the case may be, to provide the data within a period specified in the notice.

(4) A designated institution of higher education or a funded body to which the direction under subsection (3) is given shall comply with the direction within the period specified in the notice under that subsection.

(5) An tÚdarás may, by notice in writing, amend or revoke a direction under this section.

(6) Subject to the Data Protection Regulation and the Data Protection Act 2018, An tÚdarás may publish the data obtained by it under this section in such form and manner as it considers appropriate.

50. Furnishing of non-personal data

50. (1) An tÚdarás may furnish to—

(a) a designated institution of higher education,

(b) a funded body,

(c) a public body, including a Minister of the Government, the Office of the Revenue Commissioners, the Qualifications and Quality Assurance Authority of Ireland, An tSeirbhís F8[and TaighdeÉireann], or

(d) such other body as An tÚdarás considers appropriate, including the Central Applications Office,

non-personal data which come to its attention in the course of performing its functions, and which relate to one or more functions of the body referred to in any of paragraphs (a) to (d).

(2) The public and other bodies referred to in paragraphs (c) and (d) respectively of subsection (1) may furnish non-personal data which come to their attention in the course of performing their functions to An tÚdarás.

51. Furnishing of personal data

51. (1) Subject to the Data Protection Regulation, the Data Protection Act 2018, the Data Sharing and Governance Act 2019 and subsection (3), An tÚdarás may furnish to designated institutions of higher education, a Minister of the Government, the Office of the Revenue Commissioners, the Qualifications and Quality Assurance Authority of Ireland, An tSeirbhís, F9[TaighdeÉireann] and such other body as An tÚdarás considers appropriate, including the Central Applications Office, personal data as is necessary and proportionate which come to its attention in the course of performing its functions, and which relate to one or more of the functions of that body.

(2) Subject to the Data Protection Regulation, the Data Protection Act 2018, the Data Sharing and Governance Act 2019 and subsection (3), bodies referred to in subsection (1) may furnish personal data which come to their attention in the course of performing their functions to An tÚdarás.

(3) The personal data that may be shared under subsections (1) and (2) shall be for the purpose of performing the functions of An tÚdarás under paragraphs (b),(c), (d), (j), (k), (n) and (u) of section 9(1).

52. Research by An tÚdarás

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

(2) An tÚdarás may appoint a person or body or a higher education provider to conduct the study or research on its behalf and may make such payment to the person, body or higher education provider appointed to undertake the study or research as it considers appropriate.

(3) Subject to the Data Protection Regulation and the Data Protection Act 2018, a designated institution of higher education, a funded body or an education provider shall provide any data requested by An tÚdarás or the person, body or higher education provider appointed to undertake the study or research on its behalf, in relation to any study or research undertaken under subsection (1).

(4) A designated institution of higher education, a funded body or an education provider shall co-operate with An tÚdarás in relation to any study or research undertaken under subsection (1).

(5) An tÚdarás may publish reports of such studies and research conducted under this section in such form and manner as it considers appropriate.

PART 7 Designated institutions of higher education

Chapter 1

53. Designated institutions of higher education

53. (1) Each of the following institutions of higher education shall be a designated institution of higher education for the purposes of this Act (in this Act referred to as a “designated institution of higher education”):

(a) each of the following institutions of higher education shall, by virtue of this section, be regarded as so designated:

(i) an established university;

(ii) an educational institution established as a university under section 9 of the Act of 1997;

(iii) a technological university within the meaning of the Act of 2018;

(iv) a college to which the Institutes of Technology Acts 1992 to 2006 apply;

(v) the National College of Art and Design;

(vi) an education provider which is an authorised provider within the meaning of sections 54 to 57 of the Act of 1997;

(b) such other higher education providers in respect of which a designation order under Chapter 2 of this Part is in force.

(2) In this section, “established university” means—

(a) a constituent university within the meaning of section 3 of the Act of 1997,

(b) Dublin City University established by section 2 of the Dublin City University Act 1989,

(d) the University of Limerick established by section 2 of the University of Limerick Act 1989.

Chapter 2

54. Designation by order of higher education provider as designated institution of higher education

54. (1) The Minister may by order (in this Act referred to as a “designation order”) designate a higher education provider as a designated institution of higher education in accordance with this section provided that he or she is satisfied that the conditions for such designation prescribed under section 55 are complied with by the higher education provider.

(2) A higher education provider may make an application to An tÚdarás for designation as a designated institution of higher education.

(3) An application under subsection (2) shall be in such form and be accompanied by such information as An tÚdarás may direct.

(4) An tÚdarás may, in respect of an application under subsection (2)—

(a) request by notice in writing to the higher education provider concerned such additional information as it may require for that purpose, and

(b) request from, use and rely on information from such other bodies as An tÚdarás considers appropriate, including but not limited to the Qualifications and Quality Assurance Authority of Ireland, as respects the higher education provider concerned.

(5) A higher education provider shall comply with a notice from An tÚdarás under subsection (4)(a) and shall provide the information requested by An tÚdarás from the provider within such period as may be specified in the notice.

(6) An tÚdarás may appoint an advisory panel, that may include national and international experts having a special interest in or expertise in, or knowledge of, matters relating to higher education, and may receive and have regard to advice given by that panel with respect to whether a higher education provider meets the conditions prescribed under section 55 for designation as a designated institution of higher education.

(7) Subject to subsections (2) to (6), An tÚdarás shall, from time to time, submit to the Minister in writing—

(a) the names of higher education providers that have applied under this section for designation as designated institutions of higher education and, with respect to each such application, an opinion of An tÚdarás on whether the higher education provider concerned meets the conditions prescribed under section 55 for designation as a designated institution of higher education, and

(b) the grounds on which that opinion is based as respects each such provider.

(8) An tÚdarás shall provide such further information as the Minister may request in respect of the higher education providers whose names are submitted by it to the Minister under subsection (7).

(9) Subject to subsections (10) to (12), the Minister may, having considered the information provided to him or her under this section and consulted with An tÚdarás as respects a higher education provider whose name was submitted to him or her by An tÚdarás under subsection (7), decide to make or to refuse to make a designation order in respect of the higher education provider and, where the Minister decides to make such an order, the Minister shall make the order accordingly but only if he or she is satisfied that the conditions prescribed under section 55 are complied with in respect of the higher education provider.

(10) The Minister shall make a decision under subsection (9) within a period of 6 months after the date of the submission by An tÚdarás of the name of a higher education provider under subsection (7).

(11) The Minister shall, by notice in writing, inform a higher education provider of the decision of the Minister under subsection (9) as soon as may be after it is made and, where the decision is one to refuse to make a designation order, the notice shall state the reasons for the refusal.

(12) Where the Minister makes a decision under subsection (9) to refuse to make a designation order in respect of a higher education provider, the higher education provider may, in accordance with section 69, appeal against that decision within the prescribed period after the service of the notice under subsection (11).

55. Conditions to be complied with for making of designation order

55. (1) The Minister shall, as soon as practicable after the commencement of section 7 and following consultation with An tÚdarás, prescribe by regulations the conditions to be complied with by a higher education provider before a designation order can be made in respect of such a provider.

(2) The conditions referred to in subsection (1) shall be consistent with the objects and functions of An tÚdarás and may include some or all of the following:

(a) that the higher education provider has been established and is operated for the principal purposes of higher education, training and research;

(b) that the higher education provider provides a specified number of programmes of education and training and conducts examinations, which lead to education awards at a specified higher education level that are included within the National Framework of Qualifications;

(c) that the higher education provider has a good track record in relation to performance in the field of education and provides the programmes referred to in paragraph (b) for a prescribed period in the State prior to the date of the name of the provider being submitted to the Minister under section 54(7);

(d) that the qualifications of the academic staff of the higher education provider are at a sufficiently high level to provide the programmes of education and training which it provides;

(e) that the higher education provider has integrated, coherent and effective governance structures in place concerning academic, administrative, financial and management matters;

(f) that the higher education provider—

(i) has, under section 28 of the Act of 2012, established procedures in writing for quality assurance in relation to which the Qualifications and Quality Assurance Authority of Ireland—

(I) has approved those procedures under the Act of 2012,

(II) has not proposed by notice under section 36(1) of that Act to withdraw that approval, and

(III) has not withdrawn that approval under section 36 of that Act,

(ii) if the higher education provider is a linked provider within the meaning of the Act of 2012, has, under section 28 of that Act, established procedures in writing for quality assurance in relation to which a relevant designated awarding body within the meaning of that Act—

(I) has approved those procedures under the Act of 2012,

(II) has not proposed by notice under section 39(1) of that Act to withdraw that approval, and

(III) has not withdrawn that approval under section 39 of that Act;

(g) that the higher education provider is financially viable and has sufficient financial resources available to meet any projected costs and to provide education for a specified period arising from the making of a designation order in respect of it;

(h) such other conditions as may be determined by the Minister in consultation with An tÚdarás.

(3) The Minister may prescribe different conditions under subsection (2) for different types of higher education providers.

(4) In this section—

“award” means an award that is included within the National Framework of Qualifications;

“level” means included at the level concerned within the National Framework of Qualifications.

56. Continuing obligation to comply with conditions for designation

56. (1) Each of the conditions for designation prescribed under section 55 shall be regarded as a continuing condition that shall be complied with as respects a higher education provider subsequent to the making of a designation order in respect of it.

(2) A higher education provider in respect of which a designation order is in force shall, as soon as practicable, inform An tÚdarás of any material and significant change of circumstances that arises, or events that occur, which could reasonably affect the capacity of the designated institution of higher education concerned to comply, or to continue to comply, with the conditions for designation prescribed under section 55.

57. Review of compliance with conditions for designation

57. (1) An tÚdarás shall, as soon as practicable after the commencement of section 7, establish procedures for the review by An tÚdarás of the activities of higher education providers in respect of which designation orders are in force for the purpose of ascertaining whether each of the continuing conditions for designation referred to in section 56(1) is being complied with as respects such providers.

(2) An tÚdarás shall, in accordance with the procedures established under subsection (1), review the activities of a higher education provider in respect of which a designation order is in force for the purpose referred to in that subsection as respects that provider at the following times:

(a) from time to time at the request of the Minister;

(b) in the event of An tÚdarás being informed by that provider under section 56(2) of a change in its circumstances or the occurrence of an event which could reasonably affect the capacity of that provider to comply, or to continue to comply, with the continuing conditions for designation;

(c) if An tÚdarás forms the view that a material change of circumstances or an event may have occurred which could reasonably affect the capacity of that provider to comply, or to continue to comply, with the continuing conditions for designation; or

(d) from time to time as An tÚdarás considers appropriate.

(3) Where a review under subsection (2) is being conducted, An tÚdarás may, by notice in writing, request the higher education provider concerned to provide to it such information, in relation to the activities of the higher education provider, as is specified in the notice and the higher education provider shall provide that information to An tÚdarás within such period as is specified in the notice.

(4) An tÚdarás shall prepare a report setting out the outcome of a review under subsection (2).

(5) An tÚdarás shall provide a copy of the report prepared under subsection (4) to the higher education provider concerned and the higher education provider may, within one month from the provision of the report to it, submit in writing any observations it has on the report to An tÚdarás.

(6) After consideration of any observations submitted to An tÚdarás under subsection (5), An tÚdarás may make any amendments to the report that An tÚdarás considers appropriate.

(7) An tÚdarás shall provide a copy of the final report to the higher education provider concerned and may publish the report (including the observations of that higher education provider) in such form and manner as it considers appropriate (including on the internet).

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

58. (1) Where An tÚdarás has carried out a review under section 57, it may, following consultation with the higher education provider concerned in respect of which a designation order is in force, issue such directions to that higher education provider as it considers appropriate in writing in relation to its continued compliance with the conditions for designation prescribed under section 55.

(2) Where a direction is issued under subsection (1) to such a higher education provider, the higher education provider shall comply with the direction.

(3) A higher education provider issued with a direction under subsection (1) shall provide An tÚdarás with information when requested to do so by An tÚdarás regarding compliance by that higher education provider with the direction.

59. Revocation of designation order

59. (1) Where—

(a) the Minister is satisfied that a higher education provider, in respect of which a designation order is in force, is not complying with the conditions for designation prescribed under section 55, or

(b) a higher education provider in respect of which a designation order is in force applies under subsection (15) to have that order revoked,

the Minister may, in accordance with this section, make an order revoking the designation order in respect of the higher education provider (in this section referred to as a “revocation order”).

(2) Subject to subsections (3) to (10), if An tÚdarás is of opinion that a higher education provider, in respect of which a designation order is in force, is no longer complying with the conditions for designation prescribed under section 55, An tÚdarás shall inform the Minister of that opinion, and the reasons for that opinion, with a view to a revocation order being made by the Minister in respect of that provider.

(3) An tÚdarás shall provide such further information as the Minister may request in respect of a higher education provider referred to in subsection (2).

(4) Where, following a review under section 57, An tÚdarás considers that—

(a) directions issued by it under section 58 to a higher education provider in respect of which a designation order is in force have not been complied with, or

(b) whether or not such directions have been issued, there are serious deficiencies in the continued compliance by a higher education provider in respect of which a designation order is in force with the conditions for designation prescribed under section 55,

An tÚdarás shall consider in accordance with this section whether there are grounds for the making by the Minister of a revocation order in respect of that provider.

(5) An tÚdarás may, for the purpose of performing its functions under this section as respects a higher education provider in respect of which a designation order is in force—

(a) request by notice in writing to the provider such information as it may require, and

(b) may request from, use and rely on information provided by such bodies as An tÚdarás considers appropriate, including but not limited to the Qualifications and Quality Assurance Authority of Ireland, as respects the provider.

(6) A higher education provider shall comply with a notice from An tÚdarás under subsection (5)(a) requesting information from the provider within such period as may be specified in the notice.

(7) An tÚdarás may appoint an advisory panel, that may include national and international experts having a special interest in or expertise in, or knowledge of, matters relating to higher education, and may receive and have regard to advice given by that panel with respect to the higher education provider’s continued compliance with the conditions prescribed under section 55 for designation as a designated institution of higher education.

(8) Where An tÚdarás is of opinion that a higher education provider, in respect of which a designation order is in force, is not complying with the conditions prescribed under section 55 for designation, it shall, by notice in writing to the higher education provider, inform the provider that An tÚdarás proposes to seek to have a revocation order made by the Minister in respect of it and shall state the reasons for its opinion.

(9) A notice under subsection (8) shall state that the higher education provider concerned may make representations to An tÚdarás in relation to the reasons for the proposed revocation that are stated in the notice not later than 30 days after the service of the notice on the provider.

(10) Where, after consideration of the representations (if any) made to An tÚdarás in accordance with subsection (9), An tÚdarás decides, for the reasons stated in the notice under subsection (8), to proceed to seek the making by the Minister of a revocation order in respect of the higher education provider concerned, An tÚdarás shall inform the provider by notice in writing of that decision.

(11) Where the Minister is informed by An tÚdarás of its decision under subsection (10), the Minister may, having considered the information provided to him or her by An tÚdarás under this section (including the representations, if any, made under subsection (9)) and having consulted with An tÚdarás as respects the higher education provider concerned, decide to make or to refuse to make a revocation order in respect of that provider and, where the Minister decides to make such an order, the Minister shall, subject to subsection (13), make the order accordingly.

(12) Where the Minister decides under subsection (11) to make a revocation order in respect of a higher education provider, the Minister shall, by notice in writing, inform that provider of that decision as soon as may be after it is made and of the date the Minister proposes to specify in the revocation order as the date on which the order shall come into operation.

(13) Where the Minister makes a decision to make a revocation order in respect of a higher education provider under subsection (11) (other than a case to which subsection (1)(b) applies), the higher education provider may, in accordance with section 69, appeal against that decision within the prescribed period after the service of the notice under subsection (12).

(14) Unless, within the foregoing period, an appeal in accordance with section 69 against the decision of the Minister referred to in subsection (11), the Minister shall make the revocation order in respect of the higher education provider concerned.

(15) (a) A higher education provider in respect of which a designation order is in force may apply to An tÚdarás to have a revocation order made in respect of it.

(b) An tÚdarás shall inform the Minister of an application under paragraph (a) and the Minister shall, by notice in writing, inform the provider of his or her intention to make a revocation order and of the date the Minister proposes to specify in the revocation order as the date on which the order shall come into operation.

(c) The Minister shall make a revocation order accordingly in respect of the higher education provider referred to in this subsection.

60. Use of title “designated institution of higher education”

60. (1) A designated institution of higher education may use the title “designated institution of higher education” to describe itself.

(2) A body which is not a designated institution of higher education shall not use the title “designated institution of higher education” to describe itself.

(3) An tÚdarás may apply to the High Court for an injunction to restrain any person from using the title “designated institution of higher education” in contravention of subsection (2).

Chapter 3

61. Strategic development plan of certain designated institutions of higher education

61. (1) This section applies to a designated institution of higher education referred to in paragraphs (a)(vi) or (b) of section 53(1).

(2) A designated institution of higher education to which this section applies shall, as soon as practicable after the designation order is made or at a time that is agreed with An tÚdarás, prepare a plan (in this section called a “strategic development plan”) for the period specified in the plan, being a period of not more than 5 years from the date the plan is prepared.

(3) A designated institution of higher education to which this section applies shall prepare each subsequent strategic development plan not later than 3 months after the expiration of the period specified in the previous strategic development plan.

(4) A designated institution of higher education to which this section applies shall, for the purpose of preparing a strategic development plan, consult with the following:

(a) the Minister;

(b) such Ministers of the Government as the institution considers appropriate;

(d) students or the students’ unions of the institution;

(e) employees of the institution;

(f) the academic council of the institution;

(g) such education and training boards as the institution considers appropriate;

(h) a local authority (within the meaning of the Local Government Act 2001) in whose functional area the campus of the institution is located;

(i) such other body or person as the institution considers appropriate.

(5) A strategic development plan shall specify—

(a) the objectives of the designated institution of higher education to which this section applies for the period specified in the plan and the strategies for achieving those objectives,

(b) the purposes for which the institution proposes to use its resources,

(c) how the institution shall comply with any requirements imposed on it under this Act, including requirements in relation to governance and conditions related to funding,

(d) the plans of the institution to provide programmes of education and training and to promote excellent research that meet the needs of individuals, business, enterprise, the professions, the community and other stakeholders in the region in which the institution is located,

(e) the plans of the institution to develop and promote strong social, cultural and Irish language links, and links supporting creativity, between the institution and the community in the region in which the institution is located,

(f) the manner in which the plan relates to any performance agreement in place under section 36, and

(g) any other requirement specified by An tÚdarás.

(6) A strategic development plan prepared by a designated institution of higher education to which this section applies shall be in such form as An tÚdarás may direct.

(7) A designated institution of higher education to which this section applies shall provide a copy of the strategic development plan to An tÚdarás and shall publish it in such manner as it considers appropriate.

62. Equality statement of certain designated institutions of higher education

62. (1) This section applies to a designated institution of higher education referred to in paragraph (a)(vi) or (b) of section 53(1).

(2) A designated institution of higher education to which this section applies shall, as soon as practicable after the designation order is made or at a time agreed with An tÚdarás, prepare a statement (in this section referred to as an “equality statement”) for the period specified in the statement, being a period of not more than 5 years from the date the statement is prepared.

(3) A designated institution of higher education to which this section applies shall prepare each subsequent equality statement not later than 3 months after the expiration of the period specified in the previous equality statement.

(4) A designated institution of higher education to which this section applies shall, for the purpose of preparing an equality statement, consult with the following:

(a) the Minister;

(b) such Ministers of the Government as the institution considers appropriate;

(d) students or the students’ unions of the institution;

(e) employees of the institution;

(f) the academic council of the institution;

(g) such education and training boards as the institution considers appropriate;

(h) a local authority (within the meaning of the Local Government Act 2001) in whose functional area the campus of the institution is located;

(i) such other body or person as the institution considers appropriate.

(5) An equality statement of a designated institution of higher education to which this section applies shall specify—

(a) the policy of the institution for enabling access to it, and the education it provides, by students in priority groups and persons in those groups seeking to become students,

(b) the policy of the institution relating to equality, including gender equality, in all activities of the institution, and

(c) the manner in which the plan relates to any strategic development plan under section 61, and any performance agreement in place under section 36, in relation to the institution.

(6) A designated institution of higher education to which this section applies shall implement the policies set out in the equality statement prepared by it under this section.

(7) A designated institution of higher education to which this section applies shall provide a copy of the equality statement to An tÚdarás and shall publish it in such manner as it considers appropriate.

63. Accounts of certain higher education providers

63. (1) This section applies to—

(a) a designated institution of higher education referred to in paragraph (a)(vi) or (b) of section 53(1), or

(b) a higher education provider which is not a designated institution of higher education that receives, or has received, funding from An tÚdarás under section 37.

(2) A designated institution of higher education or a higher education provider to which this section applies shall keep, in such form as An tÚdarás may approve, all proper and usual accounts and records of all moneys received or expended by it, including an income and expenditure account and a balance sheet and such special accounts as An tÚdarás may from time to time direct.

(3) A designated institution of higher education or a higher education provider to which this section applies shall submit accounts kept under subsection (2) for audit to an auditor to the extent and by such date as An tÚdarás may from time to time direct.

(4) Immediately after the audit referred to in subsection (3), the designated institution of higher education or the higher education provider to which this section applies shall furnish to An tÚdarás a copy of—

(a) the accounts, and

(b) the report of the auditor on the accounts.

(5) Immediately after the audit referred to in subsection (3), the designated institution of higher education or the higher education provider to which this section applies concerned shall publish the accounts and the report of the auditor on the accounts.

PART 8 Oversight by An tÚdarás of designated institutions of higher education

64. Review of matter and report to An tÚdarás

64. (1) The Chief Executive Officer may, if he or she is of opinion that there are significant concerns regarding the governance of a designated institution of higher education or the performance by such an institution of its functions or compliance by it with its obligations including, but not limited to, compliance with any guidelines, codes or policies issued under section 143, request the governing body of the institution in writing to undertake a review in accordance with this section.

(2) The Chief Executive Officer shall specify in a request under subsection (1) the matter to be reviewed and the reasons for the review.

(3) The governing body of a designated institution of higher education concerned shall—

(a) arrange for a review of the matter specified in a request under subsection (1), and

(b) prepare and submit a report on that matter to the Chief Executive Officer.

(4) The governing body of a designated institution of higher education concerned shall prepare and submit a report on the matter to the Chief Executive Officer not later than 60 days after the request under subsection (1) is made and that period may, with the approval of the Chief Executive Officer, be extended by a period of not more than 30 days.

(5) The Chief Executive Officer may, following consideration of a report received by him or her under subsection (4)—

(a) determine that no further action is required, or

(b) make a determination in accordance with section 65.

(6) The Chief Executive Officer shall provide a copy of a report received by him or her under subsection (4) to the Minister.

(7) The Chief Executive Officer may, with the approval of the Board, publish a report received by him or her under subsection (4) in such form and manner as the Board considers appropriate.

65. Determination of matter by Chief Executive Officer

65. (1) The Chief Executive Officer may, in relation to a matter that is the subject of a request under section 64(1), make a determination under subsection (3) for action to be taken by him or her in relation to the designated institution of higher education concerned if, following the request, the designated institution of higher education concerned does not undertake a review or prepare and submit a report to the Chief Executive Officer, or both, in accordance with section 64.

(2) If, following the receipt and consideration of a report under section 64 prepared and submitted by the designated institution of higher education concerned, the Chief Executive Officer is not satisfied that his or her concerns about the governance of the institution or the performance by it of its functions or compliance by it with its obligations have been adequately addressed and resolved, the Chief Executive Officer may make a determination under subsection (3) for action to be taken by him or her in relation to that institution.

(3) The Chief Executive Officer may make a determination in writing to take all or any of the following actions as respects the designated institution of higher education concerned in order to address his or her concerns referred to in section 64(1) in relation to that institution and, where appropriate, more than one action may be taken at any one time:

(a) the imposition of remedial measures as respects the institution concerned in accordance with section 66;

(b) the provision of information to such bodies as the Chief Executive Officer considers appropriate, as respects the institution concerned, in accordance with section 67;

(4) A determination by the Chief Executive Officer under paragraph (a) or (c) of subsection (3) may be appealed by the designated institution of higher education concerned in accordance with section 69 within the prescribed period after the service of a notice on that institution under section 66(2) or 68(2), as the case may be.

(5) The Chief Executive Officer may publish a determination under subsection (3) in such form or manner as he or she considers appropriate.

(6) The bringing of an appeal by a designated institution of higher education against a determination of the Chief Executive Officer under subsection (3) to impose a remedial or other measure on the institution shall not affect the coming into operation of the measure pending the determination or discontinuance of the appeal, unless the Chief Executive Officer, on application to him or her in that behalf within 7 days after the service of a notice under section 66(2), agrees to stay the operation of the measure concerned pending the determination of the appeal.

(7) Where the Chief Executive Officer refuses an application from a designated institution of higher education under subsection (6), the institution may apply to the appeals board established to determine the appeal to have the operation of the remedial or other measure concerned suspended until the determination of the appeal by the appeals board and, on such application, the appeals board may, if it considers it appropriate to do so, grant the application.

(8) The bringing of an appeal by a designated institution of higher education against a determination of the Chief Executive Officer under paragraph (c) of subsection (3) shall have the effect of staying the operation of the determination until the appeal is determined or discontinued.

66. Remedial and other measures

66. (1) The Chief Executive Officer may impose on a designated institution of higher education a requirement to take a remedial or other measure or measures in accordance with this section if he or she makes a determination to do so under section 65(3)(a).

(2) The Chief Executive Officer shall inform the designated institution of higher education concerned by notice in writing of the type of remedial or other measure or measures required to be taken by the institution under this section and the period for which that measure or those remedial measures is or are to be taken.

(3) Subject to subsection (4), the remedial or other measures that the Chief Executive Officer may impose on a designated institution of higher education under this section may comprise any one or more of the following:

(a) an admonishment or censure in writing of the institution, taking into account any professional regulatory requirements or obligations that may be thereby impacted;

(b) the requirement for members of the governing body of the institution or members of its staff to undertake a course of training on matters related to governance;

(c) the requirement for a plan to be put in place by the institution providing for the rectification or resolution of an issue of concern to the Chief Executive Officer with specified targets to be met and monitoring requirements to ensure the implementation of the plan;

(d) the review of the strategic development plan of the institution;

(e) the temporary exclusion of the institution from particular categories of funding payable by An tÚdarás;

(f) the application to the institution of revised conditions of funding;

(g) the controlled release of funding by An tÚdarás to the institution;

(h) the withholding by An tÚdarás of funding due to be paid to the institution;

(i) the refund by the institution of funding paid by An tÚdarás to it.

(4) The approval of the Board shall be required before a remedial or other measure referred to in paragraph (a), (b) or (d) of subsection (3) may be imposed on a designated institution of higher education.

(5) The Chief Executive Officer shall, upon the expiry of the period specified under subsection (2) for the taking by the designated institution of higher education concerned of a remedial or other measure or measures, review the matter concerned related to that institution and may, following such review—

(a) determine that no further remedial or other measure or measures under this section is or are required to be taken by the institution,

(b) extend for such period as he or she considers appropriate and is specified in writing the requirement under this section for a remedial or other measure or measures to be taken by the institution,

(d) determine that a different type of remedial or other measure or measures ought to be taken by the institution under subsection (3).

67. Furnishing of information to other bodies

67. (1) The Chief Executive Officer shall, if a determination is made by him or her under section 65(3)(b), furnish to—

(a) the Qualifications and Quality Assurance Authority of Ireland, information on any issue concerning a designated institution of higher education relating to the performance by that Authority of any one or more of its functions specified in subsection (2) as respects that institution, F10[…]

F11[(aa) TaighdeÉireann, information on any issue concerning a designated institution of higher education relating to the performance by it of any one or more of its functions specified insubsection (3)as respects that institution, and]

(b) such other bodies as the Chief Executive Officer considers appropriate, information on any issue concerning a designated institution of higher education relating to the performance by that body of its functions as respects that institution.

(2) The functions of the Qualifications and Quality Assurance Authority of Ireland referred to in subsection (1) are those provided for in sections 29A, 29B, 29C, 34, 42, 46, 54, 55G, 57, 61, 63 and 65 of the Act of 2012.

F11[(3) The functions of TaighdeÉireann referred to insubsection (1)are those provided for in paragraphs (b), (c), (d), (e), (g), (h), (i), (j), (k), (l), (m) and (n) of section 9 (1) of the Research and Innovation Act 2024.]

68. Appointment of reviewer of designated institution of higher education

68. (1) The Chief Executive Officer, with the approval of the Board, may appoint a person (in this section referred to as a “reviewer”) to carry out a review in accordance with this section into any matter specified in writing by An tÚdarás concerning a designated institution of higher education if he or she makes a determination to do so under section 65(3)(c).

(2) The Chief Executive Officer shall inform the governing body of the designated institution of higher education concerned by notice in writing of the appointment of a reviewer under subsection (1) and the matter to be reviewed.

(3) The members of the governing body, and the employees, of the designated institution of higher education concerned shall comply with a request from a reviewer to provide him or her with such information and assistance as the reviewer may reasonably require for the purposes of the review.

(4) As soon as practicable after the review, a reviewer shall prepare a draft of the report on the review that he or she proposes to furnish to An tÚdarás (in this section referred to as the “draft report”).

(5) A reviewer shall furnish the draft report to An tÚdarás and the governing body of the designated institution of higher education concerned and may furnish the draft report, or a part of the draft report, to any other person he or she considers necessary and shall give notice in writing to An tÚdarás, the governing body and that other person, that they may make representations to the reviewer concerning the draft report or, as the case may be, a part of the draft report, not later than 28 days after it is furnished to them.

(6) As soon as practicable after the expiration of the later of the periods of 28 days referred to in subsection (5) and having considered any representations made pursuant to that subsection, the reviewer may amend the draft report and shall furnish the final report on the review to An tÚdarás (in this section referred to as the “final report”).

(7) An tÚdarás shall furnish the final report to the Minister.

(8) An tÚdarás may publish the final report in such form and manner as it considers appropriate.

(9) An tÚdarás shall consider the final report and, following that consideration, the Chief Executive Officer may make a determination in accordance with section 65(3) as respects the designated institution of higher education concerned.

PART 9 Appeals

69. Appeals board

69. (1) The Minister shall, within 28 days or such other period as may be prescribed after the receipt of a notice of appeal under section 42(6), 54(12), 59(13) or 65(4), establish an appeals board (in this Act referred to as an “appeals board”) comprised of 3 members, one of whom shall be its chairperson along with 2 ordinary members, for the purposes of determining the appeal.

(2) Subject to subsection (9), the Minister shall appoint—

(a) two persons having a special interest in or expertise in, or knowledge of, matters relating to higher education or the functions of An tÚdarás (other than members of the Board or members of the staff of An tÚdarás or officers of the Minister), and

(b) one person who is a practising solicitor, or a practising barrister, having not less than 10 years’ experience as such (other than a solicitor or barrister in the full-time service of the State),

as the members of an appeals board.

(3) The Minister shall appoint a chairperson of an appeals board from among the members of the appeals board.

(4) A member of an appeals board is entitled to be paid such fees and allowances for expenses as the Minister, with the consent of the Minister for Public Expenditure and Reform, determines.

(5) The Minister shall furnish such support of an administrative nature to an appeals board as the Minister in his or her opinion determines necessary to enable the board to perform its functions.

(6) A member of an appeals board may at any time resign as such a member by giving notice in writing to the Minister of his or her resignation.

(7) A resignation under subsection (6) shall take effect on the day on which the Minister receives the notice.

(8) The Minister may at any time remove a member of an appeals board if, in the opinion of the Minister—

(a) the member has become incapable through ill-health of effectively performing his or her functions,

(b) the member has committed stated misbehaviour, or

(c) the removal of the member appears to the Minister to be necessary for the effective performance by the appeals board of its functions.

(9) A person shall not be appointed to be a member of an appeals board, and he or she shall cease to be a member of an appeals board, if he or she—

(a) is adjudicated bankrupt,

(b) makes a composition or arrangement with creditors,

(d) is convicted of any indictable offence in relation to a company,

(e) is convicted of an offence involving fraud or dishonesty, or

(f) is, or is deemed to be, the subject of an order under section 160 of the Companies Act 1990 or a disqualification order within the meaning of Chapter 4 of Part 14 of the Companies Act 2014.

70. Determination of appeal by appeals board

70. (1) An appeal—

(a) shall be lodged with the Minister within the time, and in accordance with the procedures, prescribed under section 71, and

(b) shall state the grounds for the appeal.

(2) Subject to this Act and any regulations under section 71, the chairperson of an appeals board shall regulate the procedures of the board.

(3) An appeals board may refuse to hear an appeal where, in the opinion of the appeals board, the appeal lodged is not made in good faith or is frivolous or vexatious.

(4) An appeals board may require any person to provide information which it may reasonably require for the purposes of conducting and determining an appeal.

(5) An appeals board may, if it considers it necessary for the purposes of determining an appeal, hold a hearing.

(6) Each of the parties to an appeal is entitled to be heard at the hearing and to present evidence to the appeals board.

(7) An appeals board may adjourn the hearing by it of a matter until a date specified by it.

(8) A decision by a majority of the members of an appeals board shall suffice for any purpose.

(9) In determining an appeal, an appeals board may—

(a) affirm the decision of the Chief Executive Officer or the Minister, as the case may be, or

(b) where it is satisfied that a serious or significant error or a series of errors was made in making the decision the subject of the appeal or that the decision was made without complying with fair procedures, quash the decision and remit it, for stated reasons, to the Chief Executive Officer or the Minister, as may be appropriate.

(10) An appeals board shall communicate its determination under subsection (9), including the reasons under paragraph (b) of that subsection, to the person who or the body which brought the appeal concerned and the Chief Executive Officer and the Minister as soon as practicable after it is made.

(11) In the case of a determination under subsection (9)(b), the Chief Executive Officer or the Minister, as may be appropriate, shall reconsider his or her decision.

(12) An appeals board shall be independent in the performance of its functions.

71. Appeal procedures

71. (1) As soon as practicable after the commencement of section 7 and following consultation with An tÚdarás, the Minister shall prescribe procedures for the conduct and determination of appeals under this Act.

(2) Different procedures may be prescribed under subsection (1) for appeals under different provisions of this Act.

(3) Without prejudice to the generality of subsection (1), regulations under this section may provide for all or any of the following:

(a) the form and manner to be used for bringing an appeal under this Act;

(b) the time within which an appeal shall be brought after the date of the decision of the Chief Executive Officer or the Minister, as the case may be, that is being appealed;

(c) the fees (if any) to accompany a notice of appeal and the circumstances in which such fees may be refunded, in whole or in part;

(d) the period within which the Minister shall establish an appeals board after the receipt of a notice of appeal;

(e) the information and documents which shall be provided to the appeals board and the manner in which they shall be so provided;

(f) the procedures to be followed regarding the making of submissions to an appeals board and their form;

(g) the time within which an appeal shall be determined.

PART 10 Amendments of Universities Act 1997

72. Amendment of section 4(1) of Act of 1997

72. Section 4(1) of the Act of 1997 is amended by—

(a) the deletion of “but subject to subsection (2),”, and

(b) the substitution of “while they are designated institutions of higher education and are funded bodies in accordance with the Higher Education Authority Act 2022” for “while they are institutions of higher education in receipt of moneys in accordance with the Higher Education Authority Act 1971”.

73. Composition of governing authority of university

73. The Act of 1997 is amended by the substitution of the following section for section 16:

“16. (1) Subject to this Part, a governing authority, other than in the case of Trinity College to which section 16A applies, shall consist of 19 members as determined in accordance with this Chapter.

(2) The members of a governing authority shall be—

(a) the chairperson, who shall be an external member, appointed by the governing authority,

(b) nine external members (other than the chairperson), appointed by the governing authority,

(d) five internal members (other than the chief officer) appointed by the governing authority, and

(e) three student union representatives appointed by the governing authority.

(3) The internal members of a governing authority shall be elected or selected for appointment as such internal members in accordance with regulations made under subsection (6).

(4) Subject to subsection (5), with regard to the appointment of external members of a governing authority—

(a) three such members shall be nominated by the Minister, and

(b) seven such members shall be appointed by the governing authority in accordance with a process for such appointments that is determined by the governing authority and approved by the Minister.

(5) Before a person is nominated for appointment or appointed, as may be appropriate, as an external member of a governing authority of a university, the Minister or the governing authority of the university, as the case may be, shall be satisfied that the person is suitable for appointment as such an external member by reason of his or her possessing knowledge of, and experience in, matters connected with the objects and functions of the university to enable him or her to make a substantial contribution to the effective and efficient performance of those functions.

(6) A governing authority shall, with the approval of the Minister, make such regulations relating to the selection, election, nomination or appointment of members of the governing authority as it thinks fit, and their selection, election, nomination or appointment shall be carried out in accordance with those regulations.

(7) In performing functions under this section, the Minister and a governing authority shall have regard to the objectives that—

(a) not less than 40 per cent of the members of the governing authority shall be women and not less than 40 per cent of them shall be men, and

(b) the membership of the governing authority shall broadly reflect the composition of Irish society, including persons who are competent in the Irish language.

(8) In this section and in sections 16A, 17 and 23A—

‘external member’, in relation to a governing authority, means a member of the governing authority other than an internal member or a student member thereof;

‘internal member’, in relation to a governing authority, means a member of the governing authority who is a member of the academic council of the university, an employee of the university or a person who is remunerated under a contract with the university and, in the case of Trinity College, including fellows of Trinity College;

‘student member’, in relation to a governing authority, means a member of the governing authority who is a student of the university.”.

74. Provisions relating to Trinity College, Dublin

74. The Act of 1997 is amended by the insertion of the following sections after section 16 (inserted by section 73):

“Composition of governing authority of Trinity College, Dublin

16A. (1) Subject to this Part and notwithstanding section 3(2) of The Trinity College, Dublin (Charters and Letters Patent Amendment) Act 2000, the governing authority of Trinity College (known as the Board of Trinity College) shall consist of the following members:

(a) 19 members appointed in accordance with section 16;

(b) such further number of members, who are fellows of Trinity College, appointed by the governing authority, provided that the number of external members (including the chairperson) of the governing authority shall comprise not less than 40 per cent of its membership.

(2) Clause 4 of the Supplemental Letters Patent of 1911 (within the meaning of The Trinity College, Dublin (Charters and Letters Patent Amendment) Act 2000) is amended by the substitution of “shall be in accordance with the provisions of the Universities Act 1997” for “shall be in accordance with the provisions of The Trinity College, Dublin (Charters and Letters Patent Amendment) Act 2000”.

Referral of matter for conduct of General Visitation by Trinity College Visitors

16B. (1) An tÚdarás may, if it has a concern regarding a matter relating to the governance of Trinity College or the performance by Trinity College of its functions or compliance by it with its obligations, request the Visitors of Trinity College in writing to conduct a General Visitation in accordance with the statutes of Trinity College as respects the matter.

(2) An tÚdarás shall specify in a request under subsection (1) the matter the subject of its concern and the reasons for the request.

(3) The Visitors of Trinity College shall consider a request received under subsection (1) and shall, if they are satisfied that there are reasonable grounds for a General Visitation and that it is appropriate to do so, conduct a General Visitation as respects the matter specified in the request in accordance with the statutes of Trinity College.

(4) The Visitors of Trinity College shall, within such period as may be agreed with An tÚdarás, report in writing to An tÚdarás on the General Visitation and the outcome thereof and they shall furnish such a report to the governing authority of Trinity College.

(5) This section is without prejudice to Part 8 of the Higher Education Authority Act 2022 as respects Trinity College.

(6) An tÚdarás shall provide a copy of a report received by it under subsection (4) to the Minister.

(7) In this section—

‘General Visitation’, in relation to Trinity College, has the meaning it has in the statutes of Trinity College;

‘Visitors of Trinity College’, means the persons appointed as the Visitors of Trinity College pursuant to the statutes of Trinity College.”.

75. Chairperson of governing authority

75. The Act of 1997 is amended by the substitution of the following section for section 17:

“17. (1) The first meeting of a governing authority of a university shall be chaired by an external member of the governing authority who is appointed by a majority vote of the members to be an interim chairperson of the governing authority until the appointment of a chairperson under subsection (2).

(2) A governing authority shall, at the first meeting of the governing authority, appoint an external member of the governing authority to be the chairperson of the governing authority by a majority vote of not less than two-thirds of its members.

(3) A person shall cease to be chairperson of a governing authority if he or she ceases to be an external member of the governing authority.”.

76. Amendment of section 18 of Act of 1997

76. Section 18 of the Act of 1997 is amended—

(a) by the insertion of the following subsections after subsection (1):

“(1A) The governing authority of a university shall—

(a) promote the success (including academic success) and reputation of the university,

(b) satisfy itself that appropriate systems, procedures and practices are in place—

(i) to achieve the objects of the university,

(ii) for the internal performance management and accountability of the university in respect of—

(I) the performance of its functions, and

(II) the achievement of the aims in the strategic development plan under section 34,

and

(iii) in order to implement, and report on compliance with, the policies (whether set out in codes, guidelines or other documents, or any combination thereof) of the Government or a Minister of the Government to the extent that those policies may affect or relate to the functions of the university,

and

(1B) Without prejudice to the generality of subsections (1) and (1A), the governing authority of a university shall perform the following functions with regard to the university:

(a) approve expenditure for major capital and investment projects;

(b) approve annual financial statements;

(d) provide for and maintain a system of risk management;

(e) provide for and maintain a system of quality assurance in accordance with the Qualifications and Quality Assurance (Education and Training) Act 2012;

(f) review and oversee the implementation of major plans of action and provide strategic direction;

(g) delegate such functions as may be appropriate to the chief officer;

(h) manage the financial affairs of the university to ensure value for money and its financial viability;

(i) account to An tÚdarás for funding provided to the university by An tÚdarás.”,

and

(b) in subsection (4), by the insertion of “(including committees relating to audit and risk management functions)” after “appoint such and as many committees”.

77. Review of matter and report by governing authority of university

77. The Act of 1997 is amended by the insertion of the following section after section 18:

“18A. (1) If a governing authority has concerns regarding a matter relating to the governance, or the performance of the functions of the university, the governing authority shall arrange for a review of the matter to be undertaken.

(2) A governing authority may appoint such person as it considers appropriate (in this section referred to as a ‘reviewer’) to carry out a review of the matter concerned.

(3) A reviewer may request such information and assistance as he or she may require for the purposes of the review from the governing authority, the chief officer and the employees of the university and the governing authority, the chief officer and the employees of the university shall comply with any such request.

(4) A reviewer shall review the matter concerned and shall prepare a report of the outcome of the review and any recommendation made arising therefrom and shall provide a copy of the report to the governing authority and the chief officer.

(5) A governing authority shall, if recommended to do so by the report prepared by a reviewer, take such measures as it considers appropriate with regard to the matter concerned.

(6) A governing authority shall retain a copy of a report of the outcome of any review undertaken under subsection (1) and shall provide a report to An tÚdarás annually or, more frequently, if so requested by An tÚdarás on the outcome of any review undertaken by the governing authority under that subsection, including any measures taken under subsection (5).”.

78. Transitional arrangements for membership and chairperson of governing authority

78. The Act of 1997 is amended by the insertion of the following Chapter after Chapter III of Part III:

“Chapter IIIA

Transitional arrangements for membership and chairperson of governing authority

Transitional arrangements for membership and chairperson of governing authority

23A. (1) A governing authority of a university shall, as soon as practicable after the relevant date and with the approval of the Minister, determine the arrangements and procedures to be put in place by it to ensure that the composition of the governing authority of the university complies with section 16 (inserted by section 73 of the Act of 2022) or, as may be appropriate, section 16A (inserted by section 74 of the Act of 2022) within the period referred to in subsection (2).

(2) Subject to subsections (3) to (5), a governing authority of a university shall, within 12 months of the relevant date—

(a) determine the composition of the governing authority of its university in accordance with the arrangements and procedures put in place by it under subsection (1),

(b) appoint the members (other than the chief officer) of the governing authority accordingly, and

(3) (a) Notwithstanding section 17 (inserted by section 75 of the Act of 2022), a person (other than the chief officer) who was the chairperson of a governing authority of a university upon the commencement of section 75 of the Act of 2022 may continue after that commencement to be the chairperson of the governing authority of that university until his or her membership of the governing authority ceases, provided that he or she is an external member.

(b) For the purposes of paragraph (a), a term served by a person referred to in that paragraph as a member of the governing authority, but not as chairperson thereof, before the commencement referred to in that paragraph shall be disregarded for the purposes of paragraph 4(1)(b) of the Third Schedule.

(4) A person (other than the chief officer) who was appointed as a member (including the chairperson) of the governing authority before the relevant date and who is re-appointed as such member pursuant to subsection (2)(b)—

(a) shall be so re-appointed for a term of office of no longer than the unexpired term for which he or she was so appointed, and

(b) the term of office served by the member (including the chairperson) immediately before the relevant date and the term of office for which he or she is re-appointed under paragraph (a) shall be regarded as one term of office for the purposes of paragraph 4(1)(b) of the Third Schedule.

(5) Notwithstanding paragraphs 4 and 5 of the Third Schedule, where the term of office of all or the majority of the members (including the chairperson) of a governing authority of a university expires by the effluxion of time during the period referred to in subsection (2), the Minister may, at the request of the governing authority of the university and if the members concerned so agree, extend the term of office of those members for such period (that is not longer than the period referred to in subsection (2)) as the Minister may determine to facilitate that governing authority to comply with that subsection.

(6) In this section—

‘Act of 2022’ means the Higher Education Authority Act 2022;

‘relevant date’ means the date on which section 73 of the Act of 2022 comes into operation.”.

79. Amendment of section 33(2) of Act of 1997

79. Section 33(2) of the Act of 1997 is amended by the substitution of “the making of a statute or a regulation under section 18(2) or 25(1)” for “the making of a statute or a regulation under section 17(2) or 24(1)”.

80. Amendment of section 34 of Act of 1997

80. Section 34 of the Act of 1997 is amended by the insertion of the following subsection after subsection (1):

“(1A) A governing authority shall, before approving a strategic development plan under this section, be satisfied that the chief officer has for the purposes of preparing the plan consulted with—

(a) the Minister,

(b) such other Ministers of the Government as the governing authority considers appropriate,

(d) the students or the Student Union of the university,

(e) the employees of the university,

(f) the academic council of the university,

(g) the education and training board in whose education and training board area the campus of the university is located or such other education and training board as the governing authority considers appropriate,

(h) a local authority (within the meaning of the Local Government Act 2001) in whose functional area the campus of the university is located, and

(i) such other body or person as the governing authority considers appropriate.”.

81. Amendment of section 36 of Act of 1997

81. Section 36 of the Act of 1997 is amended by the insertion of the following subsection after subsection (1):

“(1A) A governing authority shall, for the purposes of preparing a statement under subsection (1), consult with—

(a) the Minister,

(b) such other Ministers of the Government as the governing authority considers appropriate,

(d) the students or the Student Union of the university,

(e) the employees of the university,

(f) the academic council of the university,

(h) a local authority (within the meaning of the Local Government Act 2001) in whose functional area the campus of the university is located, and

(i) such other body or person as the governing authority considers appropriate.”.

82. Amendment of section 37 of Act of 1997

82. Section 37 of the Act of 1997 is amended—

(a) by the substitution of the following subsections for subsections (1) and (2):

“(1) An tÚdarás shall, on or before the 1st day of March in each year, notify the chief officer of the funding (in this section referred to as ‘allocated funding’) to be provided by An tÚdarás for that year to a university, from moneys provided to An tÚdarás under section 19 of the Higher Education Authority Act 2022.

(2) The chief officer shall, on or before the 1st day of April in each year, or such other date as An tÚdarás may approve, prepare and submit following approval by the governing authority, to An tÚdarás, in such form and manner as may from time to time be approved by An tÚdarás, a statement of the proposed expenditure and, other than allocated funding, the expected income of the university for that year.

(2A) The allocated funding and the expected income of the university referred to in subsection (2), shall be the budget of the university for that year.”,

(b) by the substitution of the following subsections for subsection (5) and (6):

“(5) Where the chief officer of a university is of opinion that—

(a) the actual expenditure in a year, or

(b) a proposed course of action,

will or is likely to result in expenditure in excess of the budget for that year after taking account of an increase (if any) in the allocated funding under subsection (4) (in this section referred to as a ‘material departure from the budget’), the chief officer shall so inform the governing authority and give reasons for his or her opinion.

(6) Where a governing authority, despite being so informed under subsection (5), decides—

(a) in the case of subsection (5)(a), not to decrease its actual expenditure, or

(b) in the case of subsection (5)(b), to proceed with its proposed course of action,

the chief officer, shall, unless he or she considers that contrary to his or her foregoing opinion a material departure from the budget will not occur, as soon as practicable, inform An tÚdarás of the decision of the governing authority.”,

and

83. Amendment of Third Schedule to Act of 1997

83. The Third Schedule to the Act of 1997 is amended—

(a) in paragraph 2, by the insertion of the following subparagraph after subparagraph (2):

“(3) Whenever the chairperson of the governing authority resigns as chairperson, he or she shall at the same time cease to be a member of the governing authority.”,

(b) in paragraph 3, by the substitution of the following subparagraphs for subparagraph (4):

“(4) Subject to subparagraph (5), a member of a governing authority (including the chairperson) whose term of office expires by effluxion of time shall be eligible for re-appointment as a member of the governing authority.

(5) A person, other than an ex officio member, who is re-appointed as a member of a governing authority in accordance with subparagraph (4) shall not hold office for a consecutive period of more than 8 years.”,

“(1) Subject to this Schedule and section 23A, a member of a governing authority, other than an ex officio member—

(a) shall be appointed as such a member for such period not exceeding 4 years as the Minister or the governing authority, as the case may be, determines upon the nomination for appointment or appointment, as may be appropriate, and

(b) may not serve more than 2 consecutive terms of office.”,

(d) in subparagraph (1) of paragraph 6, by the substitution of “appoint from amongst its external members (within the meaning of section 16) a member to be its deputy-chairperson” for “appoint from amongst its members a member (other than the chief officer) to be its deputy-chairperson”,

(e) by the substitution of the following paragraph for paragraph 7:

“7. Where a member of the governing authority—

(a) is adjudicated bankrupt,

(b) makes a composition or arrangement with creditors,

(d) is convicted of any indictable offence in relation to a company or any other body corporate,

(e) is convicted of an offence involving fraud or dishonesty,

(f) has a declaration under section 819 of the Companies Act 2014 made against him or her or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act, or

(g) is subject or is deemed to be subject to a disqualification order, within the meaning of Chapter 4 of Part 14 of the Companies Act 2014, whether by virtue of that Chapter or any other provision of that Act,

he or she shall thereupon cease to be a member of the governing authority.”,

(f) in paragraph 9, by the substitution of “such remuneration (if any) and such allowances for expenses (if any)” for “such allowances for expenses”,

(g) in paragraph 10—

(i) by the substitution of the following subparagraph for subparagraph (1):

“(1) A governing authority shall hold not less than 6 meetings in each year at such times as the chairperson may determine.”,

and

(ii) by the substitution of the following subparagraph for subparagraph (3):

“(3) The quorum for a meeting of a governing authority shall be 7 members provided that not less than 4 of those members are external members within the meaning of section 16 (which may include the chairperson).”,

and

(h) in subparagraph (c) of paragraph 11, by the substitution of “the members of the governing authority who are present shall choose one of the external members (within the meaning of section 16) to preside at the meeting” for “the members of the governing authority who are present shall choose one of their number to preside at the meeting”.

84. Amendment of Fourth Schedule to Act of 1997

84. The Fourth Schedule to the Act of 1997 is amended—

(a) by the insertion of the following paragraphs after paragraph 2:

“2A. The chief officer may make proposals to the governing authority on any matter relating to its functions.

2B. The chief officer shall provide the governing authority with such information (including financial information) in relation to the performance of his or her functions as the governing authority may request.

2C. The governing authority may designate an employee of the university to perform the functions of the chief officer in the absence of the chief officer or where the office of chief officer is vacant and, a member so designated, shall in such absence or upon such office being vacant, perform those functions.”,

(b) by the deletion of paragraph 5, and

(c) in paragraph 7, by the substitution of “such period as the governing authority determines but the period shall not exceed 10 years from the date of the appointment of the chief officer” for “a period of 10 years”.

PART 11 Amendment of Technological Universities Act 2018

85. Amendment of section 2 of Act of 2018

85. Section 2 of the Act of 2018 is amended by—

(a) the substitution of the following definition for the definition of “applicant technological university”:

“‘applicant technological university’—

(a) in Chapter 11 of Part 2, has the meaning assigned to it by section 38,

(b) in Chapter 12 of Part 2, has the meaning assigned to it by section 44A, and

and

(b) the insertion of the following definitions:

“‘applicant higher education provider’ has the meaning assigned to it by section 44A;

‘business and operation’, in relation to a higher education provider, includes—

(a) the programmes of education and training, and the programmes of research, provided by it,

(b) any land and any rights, powers and privileges related to or connected with such land owned by it or to which it is entitled,

(d) any liabilities incurred by it or other commitments entered into by it, including liabilities with regard to superannuation benefits in respect of members of its staff,

(e) the members of its staff,

(f) its body of students, and

(g) the records and data held by it;

‘higher education provider’ means a person or institution which provides at least one programme of education and training leading to the award of a degree or other qualification which is at least at bachelor degree level and is included within the Framework;”.

86. Amendment of section 3 of Act of 2018

86. Section 3 of the Act of 2018 is amended by the substitution of “an order under section 36, 43 or 44F” for “an order under section 36 or 43”.

87. Amendment of section 7 of Act of 2018

87. Section 7 of the Act of 2018 is amended—

(a) in subsection (1), by the substitution of the following definitions for the definitions of “advisory panel” and “appointed day” respectively:

“‘advisory panel’—

(a) in so far as it relates to an application under section 29, has the meaning assigned to it by section 31,

(b) in so far as it relates to an application under section 38, has the meaning assigned to it by section 40, and

‘appointed day’ means, as may be appropriate—

(a) in so far as it relates to an order under section 36, the day appointed by that order,

(b) in so far as it relates to an order under section 43, the day appointed by that order, and

and

(b) in subsection (2), by the substitution of “the campuses of a technological university, applicant institutes or an applicant higher education provider, as may be appropriate,” for “the campuses of a technological university or, as the case may be, applicant institutes”.

88. Amendment of section 8(1) of Act of 2018

88. Section 8(1) of the Act of 2018 is amended by the deletion of “and the Minister for Public Expenditure and Reform” after “with the consent of the Minister”.

89. Amendment of section 11 of Act of 2018

89. Section 11 of the Act of 2018 is amended by the insertion of the following subsections after subsection (1):

“(1A) A governing body of a technological university shall—

(a) promote the success (including academic success) and reputation of the technological university,

(b) satisfy itself that appropriate systems, procedures and practices are in place—

(i) to perform the functions of the technological university,

(ii) for the internal performance management and accountability of the technological university in respect of—

(I) the performance of its functions, and

(II) the achievement of the objectives in the strategic development plan under section 18,

and

(1B) Without prejudice to the generality of subsections (1) and (1A), the governing body of a technological university shall perform the following functions with regard to the technological university:

(a) approve expenditure for major capital and investment projects;

(b) approve annual financial statements;

(d) provide for and maintain a system of risk management;

(e) provide for and maintain a system of quality assurance in accordance with the Act of 2012;

(f) review and oversee the implementation of major plans of action and provide strategic direction;

(g) delegate such functions as may be appropriate to the president;

(h) manage the financial affairs of the technological university to ensure value for money and its financial viability;

(i) account to An tÚdarás for funding provided to the technological university by An tÚdarás.”.

90. Membership of governing body of technological university

90. The Act of 2018 is amended by the substitution of the following section for section 12:

“12. (1) Subject to this Chapter, a governing body of a technological university shall consist of 19 members as determined in accordance with this Chapter.

(2) The members of a governing body shall be—

(a) a chairperson (in this section and in Schedule 1 referred to as the ‘chairperson’), who shall be an external member, appointed by the governing body,

(b) 9 external members (other than the chairperson), appointed by the governing body,

(d) 5 internal members (other than the president), being—

(i) 3 members of the academic staff of the technological university, elected by the academic staff of the technological university,

(ii) one member of the non-academic staff of the technological university, elected by the non-academic staff of the technological university, and

(iii) one member of the academic or non-academic staff of the technological university, elected by the academic and non-academic staff of the technological university,

and

(e) 3 student union representatives appointed by the governing body.

(3) The internal members of a governing body shall be elected for appointment as such internal members in accordance with regulations made under subsection (7).

(4) Subject to subsection (5), with regard to the appointment of external members of a governing body—

(a) 3 such members shall be nominated by the Minister, and

(b) 7 such members shall be appointed by the governing body in accordance with a process for such appointments that is determined by the governing body and approved by the Minister.

(5) Before a person is nominated for appointment or appointed, as may be appropriate, as an external member of a governing body of a technological university, the Minister or the governing body of the technological university, as the case may be, shall be satisfied that the person is suitable for appointment as such an external member by reason of his or her possessing knowledge of, and experience in, matters connected with the objects and functions of the technological university to enable him or her to make a substantial contribution to the effective and efficient performance of those functions.

(6) (a) The term of office of a member of the governing body, other than the president, shall not exceed 4 years and such a member may not serve more than 2 consecutive terms of office.

(b) A member of the governing body who is a student at the technological university shall hold office for such period, not exceeding one year, as the governing body may determine but may be re-appointed for a further period not exceeding one year.

(7) A governing body shall, with the approval of the Minister, make such regulations relating to the selection, election, nomination or appointment of members of the governing body as it thinks fit, and their selection, election, nomination or appointment shall be carried out in accordance with those regulations.

(8) In performing functions under this section, the Minister and a governing body shall have regard to the objectives that—

(a) not less than 40 per cent of the members of the governing body shall be women and not less than 40 per cent of them shall be men,

(b) the membership of the governing body shall take account of the different locations of the campuses of the technological university, and

(c) the membership of the governing body shall broadly reflect the composition of Irish society, including persons who are competent in the Irish language.

(9) In this section—

‘external member’, in relation to a governing body, means a member of the governing body other than an internal member or a student member thereof or a member of the academic council of the technological university;

‘internal member’, in relation to a governing body, means a member of the governing body who is a member of the staff of the technological university or a person who is remunerated under a contract with the technological university;

‘student member’, in relation to a governing body, means a member of the governing body who is a student at the technological university.”.

91. Transitional arrangements for membership and chairperson of governing body

91. The Act of 2018 is amended by the insertion in Chapter 3 of Part 2 of the following section after section 12 (inserted by section 90):

“12A. (1) A governing body of a technological university shall, as soon as practicable after the relevant date and with the approval of the Minister, determine the arrangements and procedures to be put in place by it to ensure that the composition of the governing body of the technological university complies with section 12 (inserted by section 90 of the Act of 2022) within the period referred to in subsection (2).

(2) Subject to subsections (3) to (6), a governing body of a technological university shall, within 12 months of the relevant date—

(a) determine the composition of the governing body of its technological university in accordance with the arrangements and procedures put in place by it under subsection (1),

(b) appoint the members (other than the president) of the governing body accordingly, and

(3) (a) A person who was the chairperson of a governing body of a technological university on the relevant date may continue after that date to be the chairperson of the governing body of that technological university until his or her membership of the governing body ceases, provided that he or she is an external member within the meaning of section 12 (inserted by section 90 of the Act of 2022).

(b) For the purposes of paragraph (a), a term served by a person referred to in that paragraph as a member of the governing body, but not as chairperson thereof, before the commencement referred to in that paragraph shall be disregarded for the purposes of subsection (6)(a) of section 12 (inserted by section 90 of the Act of 2022).

(4) A person (other than the president) who was appointed as a member (including the chairperson) of the governing body before the relevant date and who is re-appointed as such member pursuant to subsection (2)(b)—

(a) shall be so re-appointed for a term of office of no longer than the unexpired term for which he or she was so appointed, and

(5) (a) Nothing in this section shall operate to terminate the term of office of a member of a governing body of a technological university who was, before the relevant date, appointed or elected as such member under section 55 if he or she wishes to serve the unexpired term for which he or she was so appointed or elected and notwithstanding that he or she is not re-appointed as such member pursuant to subsection (2)(b).

(b) A member of a governing body of a technological university referred to in paragraph (a) shall not be reckoned in the number of members of a governing body of a technological university specified in section 12 (inserted by section 90) during any part of his or her term of membership of the governing body which, but for this subsection, would have ceased.

(6) Notwithstanding section 12(6) and paragraph 4 of Schedule 1, where the term of office of all or the majority of the members of a governing body (including the chairperson thereof) of a technological university expires by the effluxion of time during the period referred to in subsection (2), the Minister may, at the request of the governing body of the technological university and if the members concerned so agree, extend the term of office of those members for such period (that is not longer than the period referred to in subsection (2)) as the Minister may determine to facilitate that governing body to comply with that subsection.

(7) In this section—

‘Act of 2022’ means the Higher Education Authority Act 2022;

‘relevant date’ means the date on which section 90 of the Act of 2022 comes into operation.”.

92. Amendment of section 18 of Act of 2018

92. Section 18 of the Act of 2018 is amended by the insertion of the following subsection after subsection (3):

“(3A) The president shall, for the purposes of preparing a strategic development plan under subsection (1)(c), consult with—

(a) the Minister,

(b) such other Ministers of the Government as the president considers appropriate,

(d) the students or the student union of the technological university,

(e) the members of the staff of the technological university or the trades unions or staff associations of those members of staff,

(f) the academic council of the technological university,

(g) the education and training board or boards in whose education and training board area or areas the campuses of the technological university are located or such other education and training board as the governing body considers appropriate,

(h) a local authority in whose functional area the campuses of the technological university are located, and

(i) such other body or person as the president considers appropriate.”.

93. Amendment of section 19 of Act of 2018

93. Section 19 of the Act of 2018 is amended by the insertion of the following subsection after subsection (2):

“(2A) The president shall, for the purposes of preparing an equality statement, consult with—

(a) the Minister,

(b) such other Ministers of the Government as the president considers appropriate,

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