Higher Education Authority Act 2022

(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.”.

94. Amendment of section 22(3) of Act of 2018

94. Section 22(3) of the Act of 2018 is amended by the insertion of “and An tÚdarás” after “the technological university shall furnish to the Minister”.

95. Amendment of section 25 of Act of 2018

95. Section 25 of the Act of 2018 is amended—

(a) in subsection (3), by—

(i) the substitution of “Subject to subsection (3A), a technological university” for “A technological university”, and

(ii) the deletion of “, with the consent of the Minister and the Minister for Public Expenditure and Reform”,

and

(b) by the insertion of the following subsection after subsection (3):

“(3A) A technological university shall obtain the consent of the Minister and the Minister for Public Expenditure and Reform if the company concerned referred to in subsection (3) is formed for purposes other than the manufacture or development of a product, service or process, or the creation and use of intellectual property connected therewith for commercial purposes, arising from the conduct of research or the undertaking of innovation activity by the technological university.”.

96. Review of matter and report by governing body of technological university

96. The Act of 2018 is amended by the insertion of the following section after section 27:

“27A. (1) If a governing body has concerns regarding a matter relating to the governance, or the performance of the functions of the technological university, the governing body shall arrange for a review of the matter to be undertaken.

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

(3) A reviewer may request such information and assistance as he or she may require for the purposes of the review from the governing body, the president and the members of the staff of the technological university and the governing body, the president and the members of staff of the technological university shall comply with any such request.

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

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

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

97. Joint application of higher education provider and technological university

97. The Act of 2018 is amended by the insertion in Part 2 of the following Chapter after Chapter 11:

“Chapter 12

Joint application of higher education provider and technological university

Application for order under section 44F

44A. (1) One, and only one, higher education provider (in this Chapter referred to as an ‘applicant higher education provider’) and a technological university (in this Chapter referred to as an ‘applicant technological university’) may jointly apply to the Minister for an order under section 44F.

(2) The Minister shall not consider more than one application under this section by a particular technological university at any one time.

(3) An application under this section may relate to a part only of the business and operation of an applicant higher education provider that is specified in the application.

(4) An application under this section shall be in writing in such form, including electronic form, as may be directed by the Minister.

Requirements on application under section 44A

44B. An application under section 44A shall include information—

(a) demonstrating the capability of the applicant higher education provider and applicant technological university to jointly perform the functions of a technological university,

(b) demonstrating that plans and arrangements are in place for managing academic, financial and administrative matters arising on the making of an order under section 44F, and

(c) to enable the Minster and advisory panel to consider the matters referred to in section 44D.

Advisory panel for purposes of application under section 44A

44C. (1) The Minister, within 30 days of the receipt of an application under section 44A, shall forward the application to An tÚdarás with a direction in writing to appoint an advisory panel under subsection (2).

(2) Within 60 days of the receipt of a direction under subsection (1), An tÚdarás shall appoint a panel of at least 3 persons having a special interest or expertise in, or knowledge of, matters relating to higher education, at least one of whom shall have expertise, at an international level, in standards and practice in higher education (in this Chapter referred to as an ‘advisory panel’), to assess the application under section 44A.

(3) Within 120 days of being appointed, the advisory panel, having assessed the application under section 44A, and having had regard to the matters referred to in section 44D, shall furnish a report to the Minister and An tÚdarás with a recommendation whether to make an order under section 44F.

(4) For the purposes of its assessment and report under this section, the advisory panel may consult with the applicant higher education provider, the applicant technological university, An tÚdarás, the Qualifications and Quality Assurance Authority of Ireland, and any other person or body it considers appropriate.

Matters to which Minister shall have regard on application under section 44A

44D. (1) The Minister shall, for the purposes of subsection (2), have regard to such of the following matters as respects the applicant higher education provider as the Minister considers appropriate:

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

(b) the number of programmes of education and training provided by the applicant higher education provider which lead to education awards that are included within the Framework;

(c) whether the applicant higher education provider has a good track record in relation to performance in the field of education and has provided programmes referred to in paragraph (b) in the State for such period before the application under section 44A as the Minister considers appropriate in order to demonstrate that performance;

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

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

(f) whether the applicant higher education provider—

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

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

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

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

or

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

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

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

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

(g) whether the applicant higher education provider is financially viable and has sufficient financial resources available, should an order be made under section 44F, to meet any projected costs arising as a result of the application under section 44A and to continue to provide education for such period as may be specified in that application;

(h) the outcome of the due diligence processes undertaken in relation to the applicant higher education provider for the purposes of the application under section 44A to assess the appropriateness of an order being made under section 44F;

(i) the arrangements proposed for the business and operation or, as the case may be, a part of the business and operation of the applicant higher education provider to become and form part of the applicant technological university;

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

(2) In deciding whether to make an order under section 44F, the Minister shall, in addition to the matters to which he or she had regard under subsection (1), have regard to the following matters:

(a) if the needs of students, business, enterprise, the professions, the community, local interests and other related stakeholders in the region in which the campuses of the applicant higher education provider and applicant technological university are located would be more efficiently and effectively served if the order were made;

(b) if the projected demand, based on demographic trends, for higher education in the region in which the campuses of the applicant higher education provider and applicant technological university are located, would justify the making of the order;

(c) if sufficient financial resources are available to the applicant higher education provider and applicant technological university to meet the projected costs arising on the making of the order;

(d) if the applicant higher education provider and the applicant technological university would together be financially viable if the order were made;

(e) if making the order would comply with such policies of the Government as relate to higher education.

(3) In this section, ‘level’, in relation to qualifications, means included at the level concerned within the Framework.

Decision on application under section 44A

44E. (1) Within 60 days of receiving the report under section 44C(3), the Minister, having considered the application and information under sections 44A and 44B and the report and recommendation under section 44C, and having had regard to the matters referred to in section 44D, and consulted with An tÚdarás, shall, by notice in writing, inform the applicant higher education provider and applicant technological university of his or her proposed decision and shall in the notice provide reasons for the proposed decision.

(2) A notice under subsection (1) shall state that the applicant higher education provider and applicant technological university may make representations to the Minister in relation to the proposed decision not later than 30 days after service of the notice.

(3) The Minister shall consider any representations made under subsection (2) before deciding to—

(a) make an order under section 44F, or

(b) refuse to make an order under section 44F.

(4) The Minister shall give notice in writing to the applicant higher education provider and applicant technological university of a decision under subsection (3) as soon as practicable after it is made, which shall, in relation to a decision under subsection (3)(b)—

(a) include reasons for the decision,

(b) inform the applicant higher education provider and applicant technological university that—

(i) they may jointly, under Part 3, appeal the decision within 30 days of the date of the notice, and

(ii) the notice of appeal shall specify the grounds for the appeal,

and

(c) inform the applicant higher education provider and applicant technological university that the decision shall be suspended until—

(i) the decision becomes final under subsection (5), or

(ii) subject to subsection (6), the disposal of an appeal under Part 3.

(5) If, on the expiration of the period of 30 days beginning on the date of the notice under subsection (4), no appeal under Part 3 is made, the decision of the Minister under subsection (3)(b) is final.

(6) If, following an appeal of a decision under subsection (3)(b), the appeals board orders the Minister under section 46(5)(b) to reconsider the decision, that decision is suspended until it has been reconsidered by the Minister.

Order for business and operation of higher education provider or part thereof to become and form part of technological university

44F. (1) The Minister, following a decision under section 44E(3)(a), shall by order appoint a day (in this Chapter referred to as the ‘appointed day’) for the purposes of subsection (2).

(2) On the appointed day, the business and operation of the applicant higher education provider shall become and form part of the applicant technological university or, if the application under section 44A for an order under this section relates to a part only of that business and operation, that part of the business and operation of the applicant higher education provider shall become and form part of the applicant technological university on that day.

(3) An order under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the order.

(4) The applicant higher education provider shall arrange with the applicant technological university for the transfer, with effect from the appointed day, of its business and operation or that part of its business and operation, as the case may be, to the applicant technological university consequent upon the making of an order under this section.

(5) Other than in cases where a part only of the business and operation of an applicant higher education provider is the subject of an order under this section, references in any enactment (other than this Act) to the applicant higher education provider specified in an order under this section shall, on and after the appointed day, be construed as references to the applicant technological university which jointly applied, with that applicant higher education provider, for an order under this section.”.

98. Amendment of section 45(1) of Act of 2018

98. Section 45(1) of the Act of 2018 is amended by the insertion of “and an applicant higher education provider and applicant technological university may appeal a decision under section 44E(3)(b)” after “appeal a decision under section 42(3)(b)”.

99. Amendment of section 47 of Act of 2018

99. Section 47 of the Act of 2018 is amended by—

(a) the substitution of the following definition for the definition of “appointed day”:

“‘appointed day’ means, as may be appropriate—

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

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

(c) in so far as it relates to an order under section 44F, the day appointed by that order;”,

and

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

“‘technological university’ means, as may be appropriate—

(a) in so far as it relates to an order under section 36, a technological university established by that order,

(b) in so far as it relates to an order under section 43, the technological university to which, under section 44(1) and this Part, the functions of the applicant college specified in the order are transferred, and

(c) in so far as it relates to an order under section 44F, the technological university as respects which the business and operation, or a part thereof, of the applicant higher education provider specified in the order became and formed part of it under that section.”.

100. Amendment of section 59 of Act of 2018

100. Section 59 of the Act of 2018 is amended by—

(a) the insertion of the following paragraph after paragraph (a):

“(aa) made by the dissolved body as a designated awarding body for the purposes of the Act of 2012,”,

(b) the designation of that section (as amended by paragraph (a)) as subsection (1), and

(c) the addition of the following subsections:

“(2) Subject to subsection (3), every programme of education and training included in the business and operation of the applicant higher education provider the subject of an order under section 44F, that immediately before the day appointed by that order was provided by the applicant higher education provider and led to an award—

(a) made by the Qualifications and Quality Assurance Authority of Ireland under section 50 of the Act of 2012,

(b) made by a relevant designated awarding body within the meaning of the Act of 2012 pursuant to an arrangement under section 2(3) of that Act with the applicant higher education provider as a linked provider within the meaning of that Act, or

(c) made by the applicant higher education provider in accordance with the authority delegated to that provider by the Qualifications and Quality Assurance Authority of Ireland under section 53 of the Act of 2012,

shall, on the appointed day, become and be a programme of education and training provided by the technological university in respect of which the order under section 44F is made that leads to an award made by that technological university.

(3) A technological university in respect of which an order under section 44F is made may, with the approval of the Minister, determine in respect of programmes of education and training referred to in subsection (2) to which paragraph (b) of that subsection applies that the relevant designated awarding body concerned may continue, after the appointed day, to make awards in respect of those programmes to students who are enrolled in those programmes immediately before that day.”.

101. Amendment of section 60 of Act of 2018

101. Section 60 of the Act of 2018 is amended—

(a) in subsection (3), by the substitution of “in respect of which the order is made shall, on the date that is 12 months after the appointed day, be deemed to have been withdrawn under section 63 of the Act of 2012, unless before that date the technological university applies for and is authorised to continue to use the international education mark” for “in respect of which the order is made shall, on the appointed day, be withdrawn under section 63 of the Act of 2012”,

(b) by the insertion of the following subsections after subsection (3):

“(3A) Where, immediately before the day appointed by order under section 44F, both a higher education provider and a technological university were authorised by the Qualifications and Quality Assurance Authority of Ireland to use the international education mark under section 61 of the Act of 2012, the technological university, in respect of which the order is made shall, on and after that day—

(a) comply with any condition, imposed under section 61(8)(b) of the Act of 2012, to which the authorisation of the higher education provider is subject,

(b) continue to comply with any condition imposed under that section 61(8)(b) of that Act to which its authorisation is subject,

(c) be liable to pay the annual charge under section 62 of the Act of 2012 in respect of the authorisation of the higher education provider, and

(d) continue to be liable to pay the annual charge in respect of its authorisation under that section 62 of that Act.

(3B) Where, immediately before the day appointed by order under section 44F, a technological university was authorised by the Qualifications and Quality Assurance Authority of Ireland to use the international education mark under section 61 of the Act of 2012 but the applicant higher education provider was not so authorised, the authorisation of the technological university, in respect of which the order is made shall, on the date that is 12 months after the appointed day, be deemed to have been withdrawn under section 63 of the Act of 2012, unless before that date the technological university applies for and is authorised to continue to use the international education mark.

(3C) A technological university referred to in subsection (3) or (3B) may, in accordance with each of those subsections, apply to the Qualifications and Quality Assurance Authority of Ireland for authorisation for its continued use of the international education mark under section 61 of the Act of 2012 and that section shall, with any necessary modifications, apply to such an application as it applies to an application for authorisation to use the international education mark.”,

and

(c) in subsection (4), by the addition of the following paragraph after paragraph (b):

“(c) For the purposes of subsection (3A), the liability date shall be the anniversary of the appointed day and on the first such liability date the technological university concerned shall pay any portion of the annual charge remaining unpaid by the higher education provider on the appointed day.”.

102. Amendment of section 61 of Act of 2018

102. Section 61 of the Act of 2018 is amended by the addition of the following subsection:

“(3) On the day appointed by order under section 44F—

(a) any procedures for quality assurance under section 28 of the Act of 2012 standing established immediately before that day shall—

(i) where they were established by the applicant higher education provider, no longer apply, and

(ii) where they were established by the technological university, in respect of which the order is made, continue to apply,

and

(b) any procedures for access, transfer and progression in relation to learners standing established, immediately before that day, under section 56 of the Act of 2012 shall—

(i) where they were established by the applicant higher education provider, no longer apply, and

(ii) where they were established by the technological university, in respect of which the order is made, continue to apply.”.

103. Amendment of section 62 of Act of 2018

103. Section 62 of the Act of 2018 is amended by the addition of the following subsection:

“(3) Where an order has been made under section 44F, and a process that may result in the suspension or dismissal of a member of staff of the applicant higher education provider specified in the order has, before the appointed day, been commenced but not completed immediately before that day in accordance with procedures made or conditions determined by that applicant higher education provider, the process may, on or after that day, be continued by the technological university under procedures made or conditions determined by it, and the technological university may suspend or dismiss the member of staff in accordance with such procedures and conditions.”.

104. Amendment of Schedule 1 to Act of 2018

104. Schedule 1 to the Act of 2018 is amended—

(a) in paragraph 2(2), by the insertion of “such remuneration (if any) and” after “other than the president,”, and

(b) in paragraph 6(1), by the insertion of “(including committees relating to audit and risk management functions)” after “The governing body may establish committees”.

105. Application deemed to be made under Chapter 12 of Part 2 of Act of 2018 in certain circumstances

105. If, at any time before the coming into operation of Chapter 12 of Part 2 of the Act of 2018 (inserted by section 97), an application is made to the Minister jointly by a higher education provider and a technological university on an administrative basis in accordance with the requirements of that Chapter—

(a) the application shall be deemed to have been made under that Chapter by an applicant higher education provider and an applicant technological university (both within the meaning of the Act of 2018) as if that Chapter were in operation and that Chapter shall apply accordingly, and

(b) at any time after the coming into operation of that Chapter, the Minister may, if he or she is satisfied that the requirements of that Chapter have been complied with as respects that application and the assessment and consideration thereof, make or, as may be appropriate, refuse to make an order under section 44F of the Act of 2018 accordingly.

PART 12 Amendment of Regional Technical Colleges Act 1992 and Regional Technical Colleges (Amendment) Act 1994

106. Amendment of section 2 of Act of 1992

106. Section 2 of the Act of 1992 is amended by the insertion of the following definitions:

“‘regulations of the college’, in relation to a college, means rules made by the governing body of the college under paragraph 12 of the Second Schedule;

‘student’, in relation to a college, means a person registered as a student by the college or a full-time officer of the student union who was first elected or appointed to his or her office while he or she was registered as a student by the college;

‘student union’, in relation to a college, means the student union or other student representative body recognised by the college;”.

107. Amendment of section 3(5) of Act of 1992

107. Section 3(5) of the Act of 1992 is amended by the substitution of “and may be sued in its corporate name and may, with the consent of the Minister, acquire, hold and dispose of land, an interest in land or any other property” for “and be sued in its corporate name and to acquire, hold and dispose of land”.

108. Amendment of section 5(1) of Act of 1992

108. Section 5(1) of the Act of 1992 is amended by the substitution of the following paragraph for paragraph (i):

“(i) subject to the consent of the Minister to acquire, hold and dispose of land, an interest in land or any other property;”.

109. Governing bodies of colleges

109. The Act of 1992 is amended by the substitution of the following section for section 6:

“6. (1) A college shall have a governing body established under this Act to perform the functions conferred on the college by this Act.

(2) The Second Schedule shall apply to a governing body.

(3) Subject to this Act, a governing body shall consist of 19 members as determined in accordance with this section.

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

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

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

(c) the Director,

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

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

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

(iii) one other internal member of the college,

and

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

(5) The internal members of a governing body shall be elected or selected for appointment as such internal members in accordance with regulations made under subsection (9).

(6) Subject to subsection (7), with regard to the appointment of external members of a governing body—

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

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

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

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

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

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

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

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

(b) the membership of the governing body shall take account of the region served by the college, and

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

(11) In this section—

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

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

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

110. Transitional arrangements for membership and chairperson of governing bodies

110. The Act of 1992 is amended by the insertion of the following section after section 6 (inserted by section 109):

“6A. (1) A governing body of a college shall, as soon as practicable after the relevant date and with the approval of the Minister, determine the arrangements and procedures to be put in place by it to ensure that the composition of the governing body of the college complies with section 6 (inserted by section 109 of the Act of 2022) within the period referred to in subsection (2).

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

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

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

(c) by notice in writing, inform the Minister of the composition as so determined.

(3) (a) A person who was the chairman of a governing body of a college on the relevant date may continue after that date to be the chairperson of the governing body of that college until his or her membership of the governing body ceases, provided that he or she is an external member within the meaning of section 6 (inserted by section 109 of the Act of 2022).

(b) For the purposes of paragraph (a), a term served by a person referred to in that paragraph as a member of the governing body, but not as chairman thereof, before the commencement referred to in that paragraph shall be disregarded for the purposes of subsection (8)(a) of section 6 (inserted by section 109 of the Act of 2022).

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

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

(b) the term of office served by the member (including the chairman) immediately before the relevant date and the term of office for which he or she is re-appointed under paragraph (a) shall be regarded as one term of office for the purposes of subsection (8)(a) of section 6 (inserted by section 109 of the Act of 2022).

(5) Notwithstanding section 6(8) and paragraph 4 of the Second Schedule, where the term of office of all or the majority of the members of a governing body (including the chairman thereof) of a college expires by the effluxion of time during the period referred to in subsection (2), the Minister may, at the request of the governing body of the college and if the members concerned so agree, extend the term of office of those members for such period (that is not longer than the period referred to in subsection (2)) as the Minister may determine to facilitate that governing body to comply with that subsection.

(6) In this section—

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

‘relevant date’ means the date on which section 109 of the Act of 2022 comes into operation.”.

111. Amendment of section 7 of Act of 1992

111. Section 7 of the Act of 1992 is amended—

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

“(1A) The governing body of a college shall—

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

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

(i) for the internal performance management and accountability of the college in respect of—

(I) the performance of its functions, and

(II) the achievement of the aims in the strategic development plan under section 21C,

and

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

and

(c) establish and implement arrangements for the management of the performance of the Director.

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

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

(b) approve annual financial statements;

(c) provide for and maintain a system of audit;

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

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

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

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

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

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

and

(b) in subsection (6), by the substitution of “a committee of the governing body established under paragraph 6 of the Second Schedule” for “a committee”.

112. Amendment of section 21C of Act of 1992

112. Section 21C of the Act of 1992 is amended by the insertion of the following subsection after subsection (1):

“(1A) A governing body shall, for the purposes of preparing a strategic development plan, consult with—

(a) the Minister,

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

(c) An tÚdarás,

(d) the students or the student union of the college,

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

(f) the academic council of the college,

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

(h) a local authority in whose functional area the campus of the college is located, and

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

113. Amendment of section 21D of Act of 1992

113. Section 21D of the Act of 1992 is amended by the insertion of the following subsection after subsection (1):

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

(a) the Minister,

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

(c) An tÚdarás,

(d) the students or the student union of the college,

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

(f) the academic council of the college,

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

(h) a local authority in whose functional area the campus of the college is located, and

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

114. Review of matter and report by governing body of college

114. The Act of 1992 is amended by the insertion of the following section after section 21F:

“21G. (1) If a governing body has concerns regarding a matter relating to the governance, or the performance of the functions of the college, the governing body shall arrange for a review of the matter to be undertaken.

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

(3) A reviewer may request such information and assistance as he or she may require for the purposes of the review from the governing body, the Director and the members of the staff of the college and the governing body, the Director and the members of the staff of the college shall comply with any such request.

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

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

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

115. Amendment of Second Schedule to Act of 1992

115. (1) The Act of 1992 is amended by the substitution of the following Schedule for the Second Schedule:

“SECOND SCHEDULE

Section 6

The Governing Body

(2) The seal of the college shall be authenticated by the signature of the chairperson or a member of the governing body authorised by the governing body to act in that behalf and by the signature of an officer of the college authorised to act in that behalf.

(3) Judicial notice shall be taken of the seal and any document purporting to be an instrument made by, and sealed with the seal of, the college shall, unless the contrary is shown, be received in evidence and taken to be such an instrument without further proof.

(2) There may be paid by the governing body to its members, other than the Director, such remuneration (if any) and such allowances for expenses (if any) as the Minister, with the approval of the Minister for Public Expenditure and Reform, may determine.

(2) Where the chairperson of the governing body resigns as chairperson he or she shall at the same time cease to be a member of the governing body.

(3) The governing body may at any time remove from office a member of the governing body if, in the opinion of the governing body—

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

(b) the member has committed stated misbehaviour, or

(c) the removal of the member appears to be necessary for the effective performance by the governing body of its functions.

(4) A member of the governing body shall cease to be qualified for office and shall cease to hold office if he or she—

(a) is adjudicated bankrupt,

(b) makes a composition or arrangement with creditors,

(c) is sentenced by a court of competent jurisdiction to a term of imprisonment,

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

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

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

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

(2) A person appointed to be a member of the governing body pursuant to subparagraph (1)—

(a) shall be representative of the person, referred to in paragraph (a), (b), (d) or (e) of section 6(4), who occasioned the casual vacancy,

(b) shall hold office for so much of the term of office of the member who occasioned the casual vacancy concerned as remains unexpired at the date of the appointment, and

(c) shall be eligible for re-appointment as a member of the governing body on the expiry of that term of office.

(2) The chairperson shall convene a meeting of the governing body when requested to do so by not less than the number of members that constitutes a quorum.

(3) The quorum for a meeting of the governing body shall be set by the governing body at its first meeting and may be amended from time to time in accordance with standing orders under paragraph 11.

(4) At a meeting of the governing body it shall appoint from amongst its members a member (other than the Director) to be its deputy-chairperson and the deputy-chairperson shall, unless he or she sooner resigns as deputy-chairperson, hold office until he or she ceases to be a member of the governing body.

(5) At a meeting of the governing body—

(a) the chairperson shall, if present, be the chairperson of the meeting,

(b) if and so long as the chairperson is not present or if the office of chairperson is vacant, the deputy-chairperson, if present, shall be chairperson of the meeting, and

(c) if and so long as the chairperson is not present or the office of chairperson is vacant, and the deputy-chairperson is not present or the office of deputy-chairperson is vacant, the members of the governing body who are present shall choose one of their number to be chairperson of the meeting.

(6) Every question at a meeting of the governing body shall be determined by a majority of the votes of the members of the governing body present and voting on the question, and, in the case of an equal division of votes, the chairperson of the meeting shall have a second or casting vote.

(7) Subject to subparagraph (3), the governing body may act notwithstanding one or more vacancies among its members.

(8) The governing body may hold or continue a meeting by the use of any means of communication by which all the members can hear and be heard at the same time (in this Schedule referred to as an ‘electronic meeting’).

(9) A member of the governing body who participates in an electronic meeting is taken for all purposes to have been present at the meeting.

(2) In appointing members of a committee established under this paragraph, the governing body shall have regard to—

(a) the range of qualifications and experience necessary for the proper and effective discharge of the functions of the committee, and

(b) the objective that not less than 40 per cent of members of the committee shall be women and not less than 40 per cent of them shall be men.

(3) The governing body may pay to members of a committee established under this paragraph such expenses incurred by them as the governing body may, with the consent of the Minister and the Minister for Public Expenditure and Reform, determine.

(4) The governing body may remove a member of a committee established under this paragraph from the committee at any time.

(5) The acts of a committee shall be subject to confirmation by the governing body, unless the governing body otherwise determines.

(6) The governing body may determine the terms of reference and regulate the procedure of a committee established under this paragraph.

(7) The governing body may appoint a person to be chairperson of a committee established under this paragraph.

(8) A committee shall provide the governing body with such information as the governing body may from time to time require, in respect of the activities and operations of the committee, for the purposes of the performance by the governing body of its functions.

(9) The governing body may at any time dissolve a committee established under this paragraph.

(a) nominated as a member of Seanad Éireann,

(b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament, or

(c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to that Parliament,

he or she shall thereupon cease to be a member of the governing body.

(2) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit in that House or who is a member of the European Parliament shall be disqualified, while he or she is so entitled or is such a member, from being a member of the governing body or a member of a committee established under paragraph 6.

(a) an arrangement to which the governing body is a party,

(b) an arrangement to which the governing body proposes to become a party,

(c) a contract or other agreement with the governing body, or

(d) a proposed contract or other agreement with the governing body.

(2) A member of the governing body present at the meeting referred to in subparagraph (1) who has a pecuniary interest or other beneficial interest in, or material to, the matter concerned shall—

(a) disclose to the governing body at the meeting the fact of that interest and its nature,

(b) not influence (or seek to influence) a decision to be made in relation to the matter,

(c) absent himself or herself from the meeting or that part of the meeting during which the matter is being discussed,

(d) take no part in any deliberation of the governing body relating to the matter, and

(e) not vote on a decision relating to the matter.

(3) Where an interest is disclosed pursuant to this paragraph, the disclosure shall be recorded in the minutes of the meeting concerned and, for so long as the matter to which the disclosure relates is being dealt with by the meeting, the member of the governing body by whom the disclosure is made shall not be counted in the quorum for the meeting.

(4) Where, at a meeting of the governing body, a question arises as to whether or not a course of conduct, if pursued by a member of the governing body, would constitute a failure by him or her to comply with the requirements of subparagraph (2), the question may, subject to subparagraph (5), be determined by the chairperson of the meeting, whose decision shall be final, and where the question is so determined, particulars of the determination shall be recorded in the minutes of the meeting.

(5) Where, at a meeting of the governing body, the chairperson of the meeting is the member in respect of whom a question to which subparagraph (4) applies falls to be determined, the other members of the governing body attending the meeting shall choose one of their number to be chairperson of the meeting for the purpose of determining the question concerned.

(a) a reference to a member of the governing body shall be construed as reference to a member of the committee, and

(b) a reference to the governing body shall be construed as reference to the committee.

(a) a member of or an adviser or consultant to the governing body, or a member of the staff of such an adviser or consultant, or

(b) a member of a committee established under paragraph 6,

unless he or she is authorised by the governing body to so do.

(2) A person who contravenes subparagraph (1) commits an offence.

(3) Nothing in this paragraph shall prevent the disclosure of information—

(a) in a report made to the governing body,

(b) by or on behalf of the governing body to the Minister,

(c) by a member of the governing body to the Minister, or

(d) by a person in the circumstances referred to in section 35(2) of the Ethics in Public Office Act 1995.

(4) In this paragraph, ‘confidential information’ includes—

(a) information that is expressed by the governing body to be confidential either as regards particular information or as regards information of a particular class or description, and

(b) information relating to proposals of a commercial nature or tenders submitted to the governing body by contractors, consultants or any other person.

(2) Any standing orders for the regulation of its procedure and business, or regulations for the conduct of the affairs of a college, made under the Second Schedule to the Act of 1992 and in being immediately before the coming into operation of the amendment of that Second Schedule under subsection (1), shall continue in being after that coming into operation and may be amended or revoked as if made under that Second Schedule as amended under subsection (1).

116. Amendment of section 2(1) of Regional Technical Colleges (Amendment) Act 1994

116. Section 2(1) of the Regional Technical Colleges (Amendment) Act 1994 is amended by the substitution of “after considering the final report within the meaning of section 68 of the Higher Education Authority Act 2022 of a review carried out under that section” for “after considering the report of an inspector under section 20 of the Principal Act”.

PART 13 Amendment of National College of Art and Design Act 1971

117. Amendment of section 1(1) of Act of 1971

117. Section 1(1) of the Act of 1971 is amended—

(a) by the substitution of the following definition for the definition of “student of the College”:

“‘student of the College’ means a person registered as a student by the College or a person who is a full-time officer of the student union of the College who was elected to his or her office while he or she was registered as a student by the College;”,

and

(b) by the insertion of the following definitions:

“‘academic council’, in relation to the College, means the academic council of the College under section 20A;

‘An tÚdarás’ means An tÚdarás um Ard-Oideachas;

‘student union of the College’ means the student union or other student representative body recognised by the College.”.

118. Amendment of section 4(2) of Act of 1971

118. Section 4(2) of the Act of 1971 is amended by the substitution of “may, with the consent of the Minister, acquire, hold and dispose of land, an interest in land or other property” for “to acquire, hold and dispose of land”.

119. Amendment of section 5 of Act of 1971

119. Section 5 of the Act of 1971 is amended—

(a) by the insertion of the following subsections after subsection (2):

“(2A) An Bord shall—

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

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

(i) for the internal performance management and accountability of the College in respect of—

(I) the performance of its functions, and

(II) the achievement of the objectives in the strategic development plan under section 20C,

and

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

and

(c) establish and implement arrangements for the management of the performance of the Director.

(2B) Without prejudice to the generality of subsections (1), (2) and (2A), An Bord shall perform the following functions with regard to the College:

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

(b) approve annual financial statements;

(c) provide for and maintain a system of audit;

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

(e) provide for and maintain a system of quality assurance;

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

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

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

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

and

(b) by the insertion of the following subsections after subsection (3):

“(3A) An Bord shall, in the performance of its functions, have regard to policies of the Government (including policies relating to education and training or remuneration of staff employed in the education sector) for the time being.

(3B) (a) For the purposes of the performance of its functions, An Bord shall establish procedures relating to resolution of disputes.

(b) Procedures established under paragraph (a) shall—

(i) be established following consultation with each trade union and staff association recognised by An Bord and with the student union,

(ii) provide for consideration of a dispute by a person who is independent of the persons involved in the dispute, and

(iii) be published in such manner as An Bord considers appropriate.

(3C) An Bord may delegate any of the functions that, in its opinion, can be better or more conveniently performed by the academic council to the academic council.”.

120. Academic freedom

120. The Act of 1971 is amended by the insertion of the following section after section 5:

“5A. (1) An Bord, in performing its functions, shall—

(a) have the right and responsibility to preserve and promote the principles of academic freedom in the conduct of its internal and external affairs, and

(b) without prejudice to the generality of paragraph (a), be entitled to regulate its affairs in accordance with its independent ethos and the principles of academic freedom, and in doing so shall have regard to—

(i) the promotion and preservation of equality of opportunity and access to higher education,

(ii) resources, wherever originating, that are available to An Bord for the purpose of performing its functions, and

(iii) the need to secure the most beneficial, effective and efficient use of those resources.

(2) A member of the academic staff of the College shall not, subject to the provisions of any enactment or rule of law, be disadvantaged, or subject to less favourable treatment by An Bord, arising from his or her questioning and testing received wisdom, putting forward new ideas or stating controversial or unpopular opinions in his or her teaching, research and any other activities either in or outside of the College.”.

121. Amendment of section 7 of Act of 1971

121. Section 7 of the Act of 1971 is amended—

(a) by the substitution of the following subsection for subsection (1):

“(1) The term of office of a member of An Bord, other than the Director, shall be four years.”,

and

(b) by the substitution of the following subsection for subsection (4):

“(4) A member of An Bord, other than the Director, shall not serve more than two successive terms as such a member and, for that purpose, the remainder of a term under subsection (10) of section 6 shall be regarded as a term.”.

122. Amendment of section 10 of Act of 1971

122. Section 10 of the Act of 1971 is amended by the substitution of “such remuneration (if any) and such allowances for expenses (if any)” for “such allowances in respect of expenses”.

123. Amendment of section 13 of Act of 1971

123. Section 13 of the Act of 1971 is amended—

(a) in subsection (1), by the insertion of “and shall hold not less than four meetings in any 12 month period” after “so many meetings as may be necessary for the due fulfilment of its functions”, and

(b) by the insertion of the following subsection after subsection (7):

“(8) Subject to the provisions of this Act, An Bord may make, amend or revoke rules (in this Act called ‘regulations of An Bord’) as it thinks fit for the conduct of the procedures and business of An Bord.”.

124. Amendment of section 15 of Act of 1971

124. Section 15 of the Act of 1971 is amended by the substitution of the following subsection for subsection (2):

“(2) (a) Accounts kept in pursuance of this section shall be submitted annually to the Comptroller and Auditor General for audit and, immediately after such audit, a copy of the income and expenditure account and of the balance sheet and of such other, if any, of the accounts as the Minister, after consultation with the Minister for Public Expenditure and Reform, may direct and a copy of the Comptroller and Auditor General’s Report on the accounts shall be presented to the Minister and An tÚdarás.

(b) The Minister shall cause copies of the accounts and the Report referred to in paragraph (a) to be laid before each House of the Oireachtas.”.

125. Review of matter and report by An Bord

125. The Act of 1971 is amended by the insertion of the following section after section 16:

“16A. (1) If An Bord has concerns regarding a matter relating to the governance of the College, or the performance of the functions of An Bord, it shall arrange for a review of the matter to be undertaken.

(2) An Bord 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 An Bord, the Director, the Registrar and the officers and servants of An Bord and An Bord, the Director, the Registrar and the officers and servants of An Bord 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 arising therefrom and shall provide a copy of the report to An Bord, the Director and the Registrar.

(5) An Bord 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) An Bord 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 An Bord under that subsection, including any measures taken under subsection (5).”.

126. Amendment of section 17 of Act of 1971

126. Section 17 of Act of 1971 is amended—

(a) by the substitution of the following subsection for subsection (2):

“(2) The Director shall be the chief officer of An Bord and the provisions of the Schedule shall apply to the Director.”,

and

(b) by the substitution of the following subsection for subsection (3):

“(3) The Registrar shall act as registrar and secretary of the College.”.

127. Academic council of college and its functions

127. The Act of 1971 is amended by the insertion of the following sections after section 20:

“Academic council of College

20A. (1) The College shall have an academic council.

(2) Subject to this section, An Bord shall make regulations which shall provide, in relation to the academic council, for—

(a) the number of members,

(b) procedures for selection and appointment of members,

(c) term of office of members,

(d) eligibility for re-appointment of members, and

(e) the number of consecutive periods for which members may hold office.

(3) Without prejudice to the generality of subsection (2)—

(a) the majority of members of the academic council shall be members of the academic staff of the College,

(b) the regulations of An Bord under subsection (2) shall provide for the following persons to be members referred to in paragraph (a)—

(i) the senior member of staff having responsibility to the Director for each academic discipline, school or department as An Bord determines,

(ii) members from what, in the opinion of An Bord, is an appropriate range of levels of other academic staff from an appropriate range of academic disciplines, and

(iii) an appropriate number of students,

and

(c) in making regulations under subsection (2), An Bord shall have regard to the objective that at least 40 per cent of members of the academic council shall be women and at least 40 per cent of them shall be men.

(4) The Director shall be—

(a) an ex officio member of the academic council, and

(b) entitled to preside at all meetings of the academic council or a committee of the Council at which he or she is present, but if he or she at any time chooses not to so preside, he or she shall nominate a person to preside in his or her place.

(5) The academic council shall hold such and so many meetings as may be necessary for the performance of its functions under this Act and, subject to any regulations of An Bord as relate to the academic council, may regulate its own procedure.

(6) The academic council may establish such and so many committees as it considers necessary to assist it in the performance of its functions under this Act.

(7) Persons who are members of the academic council or other members of the staff of the College may be members of a committee established under subsection (6).

Functions of academic council

20B. (1) Subject to this section, the academic council shall control the academic affairs of the College, including the curriculum of, and instruction and education provided by, the College.

(2) In the performance of its functions, the academic council shall—

(a) have regard to the resources available to the College, and

(b) be subject to review by the College, in a form and at such frequency as may be required by the College.

(3) Without prejudice to the generality of subsection (1), the functions of the academic council shall include—

(a) designing and developing programmes for the College,

(b) making recommendations on programmes for the undertaking of research,

(c) supporting the implementation of the programmes referred to in paragraphs (a) and (b),

(d) making recommendations to the College relating to the selection, admission, retention and exclusion of students,

(e) making recommendations to An Bord regarding the form and content of regulations of the College relating to the academic affairs of the College including—

(i) the assessment of students and determination of the results of that assessment, and

(ii) procedures for appeals by students relating to the results of assessments,

(f) making recommendations to the College for the awarding of fellowships, scholarships, bursaries, prizes or other awards,

(g) making general arrangements for academic counselling including tutorials,

(h) performing any other functions delegated to it by An Bord, and

(i) implementing any regulations of the College relating to the functions of the academic council.”.

128. Strategic development plan of College

128. The Act of 1971 is amended by the insertion of the following section after section 20B (inserted by section 127):

“20C. (1) (a) The Director shall, as soon as practicable after the coming into operation of section 128 of the Higher Education Authority Act 2022, prepare a plan (in this section called a ‘strategic development plan’) for the period specified in the plan.

(b) The period specified in the strategic development plan shall be such period as An Bord considers appropriate and directs the Director to specify in the plan, being a period of not less than 3 years and not more than 5 years from the date that the Director prepares the plan under paragraph (a).

(c) The Director shall prepare each subsequent strategic development plan not earlier than 6 months, and not later than 3 months, before the expiration of the period specified in the plan.

(2) The Director shall for the purposes of preparing a strategic development plan under this section consult with—

(a) the Minister,

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

(c) An tÚdarás,

(d) the students or the student union of the College,

(e) the members of the staff of the College,

(f) the academic council, and

(g) such other bodies or persons as An Bord considers appropriate.

(3) A strategic development plan shall specify—

(a) the objectives of the College for the period specified in the plan and the strategies for achieving those objectives,

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

(c) how the College shall comply with any requirements imposed on it under the Qualifications and Quality Assurance (Education and Training) Act 2012, and

(d) the plans of the College to develop and promote strong social and cultural links, and links supporting creativity, between the College and the local, regional and national community.

(4) The Director, in preparing a strategic development plan under subsection (1)(c), shall have regard to each of the following provided or issued to the College by a relevant designated awarding body within the meaning of the Qualifications and Quality Assurance (Education and Training) Act 2012 during the period of the plan being replaced:

(a) a report of a review under section 37 of the Qualifications and Quality Assurance (Education and Training) Act 2012;

(b) a direction under section 38 of that Act.

(5) The Director shall submit the draft strategic development plan to An Bord for approval once it has been prepared.

(6) An Bord, having regard to the resources available to it, may either approve the strategic development plan without modification or, after consultation with the Director, approve the plan with such modifications as it thinks fit.

(7) As soon as practicable after it approves the strategic development plan under subsection (6), An Bord shall provide a copy of the plan to the Minister and An tÚdarás and the Qualifications and Quality Assurance Authority of Ireland and publish it in such manner as An Bord considers appropriate.”.

129. Equality statement of College

129. The Act of 1971 is amended by the insertion of the following section after section 20C (inserted by section 128):

“20D. (1) (a) The Director shall, as soon as practicable after the coming into operation of section 129 of the Higher Education Authority Act 2022, prepare a statement (in this section called an ‘equality statement’) for the period specified in the statement.

(b) The period to which the equality statement relates shall be such period as An Bord considers appropriate and directs the Director to specify in the statement, being a period of not less than 3 years and not more than 5 years from the date that the Director prepares the equality statement under subsection (1).

(c) The Director shall prepare each subsequent equality statement not earlier than 6 months, and not later than 3 months, before the expiration of the period specified in the plan.

(2) The Director shall for the purposes of preparing an equality statement under this section consult with—

(a) the Minister,

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

(c) An tÚdarás,

(d) the students or the student union of the College,

(e) the members of the staff of the College,

(f) the academic council, and

(g) such other bodies or persons as An Bord considers appropriate.

(3) The equality statement shall specify—

(a) the policy of the College for enabling access to it, and the education it provides, by economically or socially disadvantaged persons, by persons who have a disability and by persons from sections of society significantly under-represented in the student body, and

(b) the policy of the College relating to equality, including gender equality, in all activities of the College.

(4) The Director shall submit the draft equality statement to An Bord for approval once it has been prepared.

(5) An Bord, having regard to the resources available to it, may either approve the draft equality statement without modification or, after consultation with the Director, approve the statement with such modifications as it thinks fit.

(6) An Bord, in approving the draft equality statement under subsection (5), shall have regard to such policies on the matters referred to in subsection (3) as may from time to time be determined by the Minister.

(7) An Bord shall implement the policies set out in the equality statement.”.

130. Provisions relating to Director of College

130. The Act of 1971 is amended by the insertion of the following Schedule:

“SCHEDULE

Section 17

Director

(2) The Director shall be accountable to An Bord for the performance of functions delegated by him or her in accordance with subparagraph (1).

(3) The Director may, with the consent of An Bord in writing, revoke a delegation made in accordance with this paragraph.

(4) In this paragraph, ‘functions’ does not include a function delegated by An Bord to the Director subject to a condition that the function shall not be delegated by the Director to anyone else.

(a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General that An Bord is required by this Act to prepare,

(b) the economy and efficiency of the College in the use of its resources,

(c) the systems, procedures and practices employed by An Bord for the purpose of evaluating the effectiveness of its operations, and

(d) any matter affecting the College referred to in a special report of the Comptroller and Auditor General under section 11(2) of the Comptroller and Auditor General (Amendment) Act 1993, or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in clause (a), (b) or (c)) that is laid before Dáil Éireann.

(2) In the performance of his or her duties under this paragraph, the Director shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy.

(2) Subject to subparagraph (3), the Director shall, at the request in writing of a Committee, attend before it to give account for the general administration of the College.

(3) The Director shall not be required to give account before a Committee for any matter that is or has been or may be the subject of proceedings before a court or tribunal of inquiry in the State.

(4) Where the Director is of opinion that a matter in respect of which he or she is requested to give account before a Committee is a matter to which subparagraph (3) applies, he or she shall inform the Committee of that opinion and the reasons for the opinion and unless the Director does so at a time when he or she is before the Committee, he or she shall do so in writing.

(5) Where the Director has informed a Committee of his or her opinion in accordance with subparagraph (4) and the Committee does not withdraw the request referred to in subparagraph (2) in so far as it relates to a matter the subject of that opinion—

(a) the Director may, not later than 21 days after being informed by the Committee of its decision not to do so, apply to the High Court in a summary manner for determination of the question of whether the matter is one to which subparagraph (3) applies, or

(b) the Chairperson of the Committee may, on behalf of the Committee, make an application,

and the High Court shall determine the matter.

(6) Pending the determination of an application under subparagraph (5), the Director shall not attend before the Committee to give account for the matter the subject of the application.

(7) If the High Court determines that the matter concerned is one to which subparagraph (3) applies, the Committee shall withdraw the request referred to in subparagraph (2), but if the High Court determines that subparagraph (3) does not apply, the Director shall attend before the Committee to give account for the matter.

(8) In the performance of his or her duties under this paragraph, the Director shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government, or the merits of the objectives of such a policy.”.

PART 14 Amendment of Housing Finance Agency Act 1981

131. Amendment of Housing Finance Agency Act 1981

131. The Housing Finance Agency Act 1981 is amended—

(a) in section 1, by—

(i) the insertion of the following definition:

“‘Act of 2022’ means the Higher Education Authority Act 2022;”,

and

(ii) the substitution of the following definition for the definition of “institution of higher education”:

“‘institution of higher education’ means—

(a) a designated institution of higher education within the meaning of the Act of 2022 that is also a funded body within the meaning of that Act, and

(b) a higher education provider that is not a designated institution of higher education within the meaning of the Act of 2022 but is a funded body within the meaning of that Act whose primary income derives from funding provided to it by An tÚdarás um Ard-Oideachas under section 37 of the Act of 2022;”,

and

(b) in section 5, by the substitution of the following paragraph for paragraph (f):

“(f) an institution of higher education, to be used by it in respect of the provision or management of housing accommodation for students, including the acquisition of land by such an institution for that purpose and, other than in the case of an institution of higher education referred to in subparagraph (i) or (ii) of section 53(1)(a) of the Act of 2022, only with the prior consent in writing of the Minister for Further and Higher Education, Research, Innovation and Science,”.

PART 15 Amendment of Student Support Act 2011 and related provisions

132. Awarding and payment of bursaries and scholarships to students

132. (1) The Minister may if he or she considers it appropriate to do so, as respects bursaries and scholarships for students for the purpose of assisting such students to pursue approved courses at approved institutions and if so requested by a person who established or is responsible for a bursary scheme or scholarship scheme, administer or, as may be appropriate, assist with the administration of—

(a) the identification of students who are eligible for such bursaries and scholarships,

(b) the awarding of such bursaries and scholarships to students, and

(c) the payment of such bursaries and scholarships to students,

in accordance with the terms of the bursary scheme or scholarship scheme, as the case may be, concerned.

(2) If and to the extent that the Minister considers it appropriate to do so, the functions of the Minister under subsection (1) may be performed by an awarding authority within the meaning of the Act of 2011.

(3) In this section—

(a) “approved course”, “approved institution”, “bursary scheme”, “scholarship scheme” and “student” have the respective meanings they have in the Act of 2011, and

(b) “bursary” and “scholarship” have the respective meanings they have in the Act of 2011, subject to the modification that the money in respect of a bursary or scholarship may be paid to a student by the Minister or an awarding authority within the meaning of that Act.

133. Amendment of section 2 of Act of 2011

133. Section 2 of the Act of 2011 is amended by the insertion of the following definitions:

“‘bursary’ means money paid by an awarding authority to a student, or to an approved institution on behalf of the student, for the purpose of assisting the student to pursue an approved course at the approved institution, where the money is provided from a fund established pursuant to a bursary scheme;

‘bursary scheme’ means a scheme established, by way of a trust or other instrument, for the purposes of providing financial support to students falling into all or any of the following groups to assist them to participate in further education or higher education:

(a) students who are economically or socially disadvantaged;

(b) students who have a disability;

(c) students who are from sections of society significantly under-represented in the student body;

‘scholarship’ means money paid by an awarding authority to a student, or to an approved institution on behalf of the student, for the purpose of assisting the student to pursue an approved course at the approved institution, where the money is provided from a fund established pursuant to a scholarship scheme;

‘scholarship scheme’ means a scheme established, by way of a trust or other instrument, for the purposes of providing financial support to students who demonstrate the level of educational attainment (if any) required by the scheme and who fall into all or any of the following groups to assist them to participate in further education or higher education:

(a) students who are economically or socially disadvantaged;

(b) students who have a disability;

(c) students who are from sections of society significantly under-represented in the student body;”.

134. Amendment of section 12 of Act of 2011

134. Section 12 of the Act of 2011 is amended—

(a) in subsection (1), by the insertion of the following paragraph after paragraph (c):

“(ca) keep all proper and usual accounts of moneys received by it or expenditure of such moneys incurred by it in relation to bursaries and scholarships,”,

(b) by the insertion of the following subsection after subsection (1):

“(1A) An awarding authority shall, as respects a bursary scheme or scholarship scheme, whenever requested to do so by the Minister administer or, as may be appropriate, assist with the administration of—

(a) the identification of students who are eligible for bursaries or scholarships under the bursary scheme or scholarship scheme, as the case may be, concerned,

(b) the awarding of such bursaries or scholarships to students, and

(c) the payment, out of funds provided by the person who established or is responsible for the bursary scheme or scholarship scheme, as the case may be, concerned to the awarding authority for that purpose, of such bursaries or scholarships to the students to whom awards are made or to an approved institution on behalf of such students,

in accordance with the terms of the bursary scheme or scholarship scheme, as the case may be, concerned.”,

and

(c) in subsection (3), by the insertion of “, bursaries or scholarships” after “as respects grants”.

135. Amendment of section 28 of Act of 2011

135. Section 28 of the Act of 2011 is amended—

(a) in subsection (1), by the substitution of “the first named person is satisfied that the data or information will be used only for a relevant purpose as respects a grant” for “the first named person is satisfied that it will be used for a relevant purpose only”,

(b) in subsection (2), by the substitution of “a person so listed or prescribed will further the attainment of a relevant purpose as respects a grant” for “a person so listed or prescribed will further the attainment of a relevant purpose”,

(c) by the insertion of the following subsection after subsection (2):

“(2A) Notwithstanding anything contained in any enactment (other than the Act of 2018), the controller of a person listed in Schedule 3, or of a person prescribed for the time being under subsection (2B) (in this subsection called ‘the first named person’), shall on being requested to do so by the controller of a person so listed or prescribed, process personal data kept by the first named person, or information extracted from such data, for the controller of the other person so listed or prescribed for the time being, if the controller of the first named person is satisfied that the data or information will be used only for a relevant purpose as respects a bursary or scholarship.

(2B) If a person (not being a person listed in Schedule 3 or prescribed for the time being under this subsection) keeps personal data that are relevant to the functions of an awarding authority under section 12(1A), and the Minister considers that the supply of those data by the person not so listed or prescribed to a person so listed or prescribed will further the attainment of a relevant purpose as respects a bursary or scholarship, then, the Minister following consultation with the Data Protection Commission, may prescribe that person for the purposes of subsection (2A).”,

(d) in subsection (3), by the substitution of “for the purposes of subsection (1) or (2A) shall go no further than is necessary” for “for the purposes of subsection (1) shall go no further than is reasonably necessary”,

(e) in subsection (4), by the insertion of “or (2A)” after “a request under subsection (1)”, and

(f) in the definition of “relevant purpose” in subsection (5)—

(i) in paragraph (a), by the insertion of “, bursary or scholarship, as the case may be” after “is eligible for a grant”, and

(ii) in paragraph (d), by the insertion of “, bursaries and scholarships” after “the payment of grants”.

136. Schedule 3 to Act of 2011

136. The Act of 2011 is amended by the insertion of the following Schedule after Schedule 2:

“SCHEDULE 3

Section 28

PART 16 Amendment of Industrial Training Act 1967

137. Amendment of section 2 of Industrial Training Act 1967

137. The Industrial Training Act 1967 is amended by the substitution of the following definition for the definition “activity of industry”:

“‘activity of industry’ includes any activity of commerce or of a trade or occupation, and also includes any activity of a distinct branch of an industry, of commerce or of a trade or occupation;”.

138. Amendment of section 23(2) of Industrial Training Act 1967

138. Section 23(2) of the Industrial Training Act 1967 is amended by the insertion of “and, where the activity of industry relates to a regulated profession, the appropriate competent authority or authorities in the State shall be consulted” after “persons employed in the activity”.