Higher Education Authority Act 2022

PART 17 Amendment of Social Welfare Consolidation Act 2005

139. Amendment of section 266 of Social Welfare Consolidation Act 2005

139. Section 266 of the Social Welfare Consolidation Act 2005 is amended by the substitution of the following paragraph for paragraph (b):

“(b) An tÚdarás um Ard-Oideachas, where that body requires the information for the purposes of performing its functions under paragraphs (b), (c), (d), (j), (k), (n) and (u) of section 9(1) of the Higher Education Authority Act 2022.”.

PART 18 Amendment of National Treasury Management Agency (Amendment) Act 2014

140. Amendment of section 26(1) of National Treasury Management Agency (Amendment) Act 2014

140. Section 26(1) of the National Treasury Management Agency (Amendment) Act 2014 is amended by the substitution of the following paragraph for paragraph (e):

“(e) to enter into any arrangement or contract to procure as agent for the Minister for Education, the Minister for Further and Higher Education, Research, Innovation and Science or for a local authority (within the meaning of the Local Government Act 2001) any public investment project in relation to building or other infrastructure, including the financing, management, design and construction of such building or other infrastructure, as the Minister of the Government concerned or the local authority, as the case may be, may from time to time designate.”.

PART 19 Miscellaneous provisions

141. Names of designated institutions of higher education

141. An tÚdarás shall, from time to time, publish in such manner as it considers appropriate the names of the designated institutions of higher education and shall do so as soon as practicable after—

(a) a designation order is made, or

(b) a revocation order is made.

142. Provision of assistance by An tÚdarás

142. (1) An tÚdarás may provide assistance in accordance with this section to a designated institution of higher education following a request in writing for such assistance from the institution.

(2) The assistance that may be provided by An tÚdarás to a designated institution of higher education under this section may comprise either of the following for such period as is agreed by the Chief Executive Officer with the institution:

(a) the appointment by the Chief Executive Officer of a person or persons, or of a body, to provide advice or assistance of a specialist nature to the institution;

(b) the issuing of guidance to the institution regarding a particular matter or matters.

(3) A person or persons, or a body, appointed under subsection (2)(a) by the Chief Executive Officer may—

(a) provide advice or assistance or make recommendations to the designated institution of higher education concerned regarding any matter relating to its functions or its viability,

(b) carry out an assessment of particular reports, financial plans, governance practices or the undertaking of particular functions and may, following such an assessment, make recommendations to the designated institution of higher education concerned with regard to the changes or improvements required to be made by it,

(c) agree with the designated institution of higher education concerned a plan of action to be implemented regarding any matter related to the performance of its functions or its viability,

(d) assess and monitor the implementation by the institution of higher education concerned of any recommendations made or plans agreed, or both, and

(e) prepare a report and submit it to the Chief Executive Officer regarding the assistance provided to, and the action taken by, the designated institution of higher education concerned.

143. Guidelines, codes and policies

143. (1) An tÚdarás may prepare or adopt and issue guidelines, codes or policies to designated institutions of higher education for any purpose relating to this Act and concerning—

(a) any matter or thing referred to in this Act or any other enactment, and

(b) the implementation of any policy or objective of the Minister or the Government.

(2) An tÚdarás shall, for the purposes of the preparation or adoption of guidelines, codes or policies under subsection (1), consult with—

(a) the Minister,

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

(c) designated institutions of higher education or their representative bodies,

(d) public research funders,

(e) national students’ unions, or

(f) such other body or person as it considers appropriate.

(3) The Minister may give a direction in writing to An tÚdarás to prepare guidelines, codes or policies under subsection (1) and An tÚdarás shall comply with the direction.

(4) An tÚdarás shall send a copy of the guidelines, codes or policies under subsection (1) to the designated institutions of higher education.

(5) An tÚdarás shall publish the guidelines, codes or policies prepared or adopted by it under this section in such manner as An tÚdarás considers appropriate.

(6) The designated institutions of higher education shall report to An tÚdarás annually or, as requested by An tÚdarás, on the implementation of the guidelines, codes and policies prepared or adopted under subsection (1).

144. Service of notices

144. A notice that is required to be sent or given to a person or body under this Act may be sent or given to the person in one of the following ways:

(a) by delivering it to the person or body;

(b) by addressing it to the person or body and leaving it at the address at which he or she ordinarily resides or is located or, in a case in which an address for service has been furnished, at that address;

(c) by sending it to the person or body by post in a prepaid registered letter to the address at which he or she ordinarily resides or is located or, in a case in which an address for service has been furnished, to that address; or

(d) by sending it by means of electronic mail to a device or facility for the reception of electronic mail located at the address at which the person resides or carries on business or the body carries on business or, if an address for the service of a notice has been furnished by the person or body, that address, but only if the recipient’s facility for the reception of electronic mail generates a message confirming a receipt of the electronic mail and the notice is also given in one of the other ways mentioned in any of the preceding paragraphs (a) to (c).

145. Consequential amendments of enactments

145. Each provision of the enactments mentioned in column(2) of Schedule 4 is amended to the extent specified in column (3) of that Schedule opposite that mention.