This Act may be cited as the Qualifications (Education and Training)
Act, 1999.
This Act shall come into operation on such day or days as the Minister
may appoint by order or orders either generally or with reference to any
particular purpose or provision and different days may be so appointed for
different purposes or different provisions.
Chapter IV of Part IV and, in so far as they relate to that Chapter,
this section and section 2 shall be construed as one with the Regional Technical
Colleges Acts, 1992 to 1999, and shall be included in the collective citation
``the Regional Technical Colleges Acts, 1992 to 1999''.
The Dublin Institute of Technology Acts, 1992 and 1994, Part V and, in so
far as they relate to that Part, this section and section 2 may be cited
together as the Dublin Institute of Technology Acts, 1992 to 1999, and shall be construed together
as one.
The Universities Act, 1997, Part VI and, in so far as they relate to that
Part, this section and section 2 may be cited together as the Universities Acts,
1997 and 1999, and shall be construed together as one.
The Labour Services Act, 1987, section 62 and, in so far as they relate
to that section, this section and section 2, may be cited together as the Labour
Services Acts, 1987 and 1999, and shall be construed together as one.
In this Act, unless the context otherwise requires-
``access'' means the process by which learners may commence a programme of
education and training having received recognition for knowledge, skill or
competence acquired;
``Act of 1992'' means the Regional Technical Colleges Act, 1992;
``Act of 1997'' means the Universities Act, 1997;
``award'' means an award which is conferred, granted or given by an awarding
body and which records that a learner has acquired a standard of knowledge,
skill or competence, and references in this Act to ``award'' shall include
references to a ``further education and training award'' or to a ``higher
education and training award'';
``awarding body'' means a body which makes awards;
``CERT'' means the company entitled ``CERT, the State Tourism Training
Agency'', incorporated on the 7th day of November, 1963;
``charter'' means a charter of a recognised institution referred to in
section 31;
``chief executive'' means the chief executive of the National
Qualifications Authority of Ireland, the Higher Education and Training Awards Council
or the Further Education and Training Awards Council, as the case may be,
appointed under section 50, and includes a person acting in that office or
performing the duties of a chief executive where he or she has been duly
authorised to do so;
``completion rate'' means the number of learners who complete a programme of
education and training expressed as a percentage of the number of learners who
commenced the programme concerned;
``employee'', in relation to the National Qualifications Authority of
Ireland, the Higher Education and Training Awards Council or the Further
Education and Training Awards Council, as the case may be, means a person
employed by any of them in any capacity, and includes an officer of any of them;
``An Foras'' means An Foras AÂ iseanna Saothair;
``framework of qualifications'' has the meaning assigned to it by section 7;
``functions'' includes powers and duties and a reference to the
performance
of functions includes, with respect to powers and duties, a reference to the exercise of the powers and the carrying out of the duties;
``further education and training'' means education and training, other than
primary or post-primary education or higher education and training, which is
determined by the National Qualifications Authority of Ireland under section 10
to be further education and training;
``Further Education and Training Awards Council'' means the body established
under section 12;
``higher education and training'' means education and training, other than
primary or post-primary education or further education and training, which is
determined by the National Qualifications Authority of Ireland under section
10 to be higher education and training;
``Higher Education and Training Awards Council'' means the body established
under section 21;
``interim chief executive'' means a person appointed by the Minister to be
the interim chief executive of a relevant body under section 51;
``learner'' means a person who is acquiring or who has acquired knowledge,
skill or competence;
``Minister'' means the Minister for Education and Science;
``National Council for Vocational Awards'' means the ad hoc body of that name
established by the Minister;
``National Qualifications Authority of Ireland'' means the body established
under section 5;
``National Tourism Certification Board'' means the body established by CERT
and the Minister for the purposes of making awards in respect of programmes of
education and training relating to tourism;
``officer'', in relation to the National Qualifications Authority of Ireland,
the Higher Education and Training Awards Council or the Further Education and
Training Awards Council, as the case may be, includes-
the chief executive,
a person who immediately before the commencement of Chapter V of Part IV
is an officer of the National Council for Educational Awards, and
such other employees as the National Qualifications Authority of
Ireland, the Higher Education and Training Awards Council or the Further
Education and Training Awards Council, as the case may be, may from time to time
determine;
``programme of education and training'' means any process by which learners
may acquire knowledge, skill or competence and includes courses of study or
instruction, apprenticeships, training and employment and references to
``programme'' shall be construed accordingly;
``progression'' means the process by which learners may transfer from one
programme of education and training to another programme where each programme
is of a higher level than the preceding programme;
``provider of a programme of education and training'' means a person who,
or body which, provides, organises or procures a programme of education and
training and references to ``provider'' shall be construed accordingly;
``recognised institutions'' means the institutions specified in section 24;
``special educational and training needs'' means the educational and training
needs of learners who have a disability;
``Teagasc'' means Teagasc - The Agriculture and Food Development
Authority;
``transfer'' means the process by which learners may transfer from one
programme of education and training to another programme having received
recognition for knowledge, skill or competence acquired;
``An tU dara s'' means An tU dara s um Ard-Oideachas;
``university'' means a university specified in paragraphs (a) to(d) of
section 4(1) of the Universities Act, 1997;
``validation'' means the process by which an awarding body shall satisfy
itself that a learner may attain knowledge, skill or competence for the purpose
of an award made by the awarding body and cognate words shall be construed
accordingly;
``vocational education committee'' means a committee established under
section 7 of the Vocational Education Act, 1930.
In this Act-
a reference to a section, Chapter or Part is a reference to a section,
Chapter or Part of this Act, unless it is indicated that a reference to some
other enactment is intended,
a reference to a subsection, paragraph or subparagraph is a reference to
a subsection, paragraph or subparagraph of the provision in which the reference
occurs, unless it is indicated that a reference to some other provision is
intended,
a reference to a Schedule is a reference to a Schedule to this Act, and
a reference to any other enactment shall, except where the context
otherwise requires, be construed as a reference to that enactment as amended by
or under any other enactment, including this Act.
The expenses incurred by the Minister in the administration of this Act
shall, to such extent as may be sanctioned by the Minister for Finance, be paid
out of moneys provided by the Oireachtas.
The objects of this Act shall be as follows:
to establish and develop standards of knowledge, skill or competence;
to promote the quality of further education and training and
higher education and training;
to provide a system for co-ordinating and comparing education and
training awards;
to promote and maintain procedures for transfer and progression;
to facilitate lifelong learning through the promotion of access and
opportunities for all learners, including learners with special educational and
training needs;
to promote the recognition of knowledge, skill or competence acquired
through research, adult and continuing education and training and employment;
to contribute to the realisation of national education and training
policies and objectives and, in particular, to meeting the education and
training requirements of industry, including agriculture, business, tourism,
trade, the professions and the public service;
to promote co-operation between providers of programmes of education and
training and industry, including agriculture, business, tourism, trade, the
professions and the public service;
to promote recognition outside the State of awards made by bodies in the
State and recognition in the State of awards made by bodies outside the State;
having regard to the traditions of providers of education and training,
to promote diversity in education and training between further education and
training and higher education and training and within each of these; and
to contribute to the realisation of national policy and objectives in
relation to the extension of bi-lingualism in Irish society and, in particular,
the achievement of a greater use of the Irish language and to contribute to the
promotion of the distinctive cultures of Ireland.
Every body and person concerned in the implementation of this Act shall
have regard in exercising their functions under this Act to the objects
specified in subsection (1).
Part II: National Qualifications Authority of Ireland
There shall stand established a body to be known as U dara s
NaÂisiu nta Ca ilõÂochtaõ na hE ireann or in the English language as
the National Qualifications Authority of Ireland (in this Act referred to as the
``Authority'') to perform the functions conferred on it by or under this Act.
The Authority shall be a body corporate with perpetual succession and
an official seal and power to sue and be sued in its corporate name and, with
the consent of the Minister, to acquire, hold and dispose of land or an interest
in land and to acquire, hold and dispose of any other property.
The Authority shall consist of 14 members.
The members of the Authority shall be-
the chairperson of the Authority,
the chief executive of the Authority,
two persons nominated by the Minister, one of whom shall be a person who,
in the opinion of the Minister, is representative of community and voluntary
organisations,
one person nominated by the Minister for Enterprise, Trade and
Employment,
the chairperson of the Higher Education and Training Awards Council,
the chairperson of the Further Education and Training Awards Council,
one person nominated by universities,
one person who, in the opinion of the Minister after consultation with
the Minister for Enterprise, Trade and Employment, is representative of
learners,
one person nominated by Forfa s,
one person nominated by the Irish Business and Employers Confederation,
one person nominated by the Irish Congress of Trade Unions, and
two persons nominated in accordance with subsection (3).
Subject to subsection (1), the Authority shall nominate as members two
persons who have a special knowledge and experience related to the functions of
the Authority, at least one of whom shall be a person with international
experience related to those functions.
The First Schedule shall apply to the Authority.
The Minister may make regulations for the purposes of nominations to be
made under subsection (2) or (3).
Where a nomination is made under subsection (2) or (3), regard shall be
had to the desirability of an appropriate gender balance and where a person or
body has more than one nomination under this section, the person or body shall
nominate at least one male and at least one female.
The objects of the Authority shall be as follows:
to establish and maintain a framework, being a framework for the
development, recognition and award of qualifications in the State (in this Act
referred to as a ``framework of qualifications''), based on standards of knowledge, skill or competence to be acquired by learners;
to establish and promote the maintenance and improvement of the standards
of further education and training awards and higher education and training
awards of the Further Education and Training Awards Council, the Higher Education and Training Awards Council, the Dublin Institute of Technology and
universities established under section 9 of the Act of 1997; and
to promote and facilitate access, transfer and progression.
The functions of the Authority are to do all things necessary or
expedient in accordance with this Act to further the objects of the Authority.
Without prejudice to the generality of subsection (1), the Authority
shall-
establish the policies and criteria on which the framework of
qualifications shall be based,
review the operation of the framework of qualifications having regard
to the objects specified in section 7,
establish, in consultation with the Further Education and Training Awards
Council and the Higher Education and Training Awards Council, procedures for the
performance by them of their functions and shall review those procedures from
time to time,
determine the procedures to be implemented by providers of programmes of
education and training for access, transfer and progression and shall publish
those procedures in such form and manner as the Authority thinks fit,
ensure, in consultation with the Dublin Institute of Technology and
universities established under section 9 of the Act of 1997, that the procedures
referred to in paragraph (d) are being implemented by them,
facilitate and advise universities in implementing the procedures
referred to in paragraph (d) and from time to time and in any case not less than
once in every five years, in consultation with An tU dara s, review the
implementation of those procedures by universities, and publish the outcomes
of such a review in such form and manner as it thinks fit,
consult with and advise the Minister or any other Minister, as the case
may be, on such matters in respect of its functions as the Minister or any
other Minister may request or as the Authority sees fit, and
liaise with bodies outside the State which make education and
training awards for the purposes of facilitating the recognition in the State
of education and training awards made by those bodies, and
facilitate recognition outside the State of education and training
awards made in the State.
The Authority, in the performance of its functions, shall-
inform itself of the education, training, skills and qualifications
requirements of industry, including agriculture, business, tourism, trade, the
professions and the public service, including the level of knowledge, skill or
competence to be
acquired by learners and promote practices in education and training which meet
those requirements,
inform itself of practices outside the State in respect of matters
relevant to its functions,
give effect to the policies relating to education and training which from
time to time are established, and notified in writing to the Authority, by the
Minister, or by any other Minister with the agreement of the Minister, following
consultation with the Authority, and
consult, as it considers appropriate, with universities, the Higher
Education and Training Awards Council, the Further Education and Training Awards
Council, the Dublin Institute of Technology, recognised institutions, An Foras,
CERT, Teagasc, An Bord Iascaigh Mhara, educational or training institutions
established by a vocational education committee, other providers of education
and training, persons, or bodies of persons, who represent employees of
providers of education and training or who represent learners, An tUÂ daraÂ
s, the National Council for Curriculum and Assessment and such other persons or
bodies of persons as the Authority considers appropriate, and the Authority
shall consider the views, if any, of those bodies for the purpose of determining
the procedures referred to in subsection (2)(d).
The Authority may from time to time review the performance by the
Further Education and Training Awards Council or the Higher Education and
Training Awards Council of its functions and may make such recommendations to
the Council concerned in respect of that performance, as the Authority thinks
fit.
The Further Education and Training Awards Council or the Higher Education
and Training Awards Council shall implement recommendations, if any, made by the
Authority under subsection (1).
The Authority shall publish in such form and manner as it considers
appropriate the results of a review under subsection (1).
Subject to subsection (3), the Authority may determine-
whether any particular programme of education and training is higher
education and training or further education and training, or
whether the standard of knowledge, skill or competence to be acquired by
a learner for the purposes of an award is at the level of a further education
and training award or of a higher education and training award.
In making a determination under subsection (1) the Authority shall have
regard, as the Authority considers appropriate, to-
the programme of education and training concerned, or
the standard of knowledge, skill or competence acquired by a learner
however acquired, or
the
programme of education and training concerned and the standard of knowledge,
skill or competence acquired by a learner however acquired.
A programme of education and training, which leads to the attainment by
learners of a standard of knowledge, skill or competence which is not higher
than the level at which, before the 3rd day of March, 1999, the National Council
for Vocational Awards has made awards, shall be deemed to be further education
and training, unless otherwise determined by the Authority under subsection (1).
In each year there shall be paid by the Minister, out of moneys
provided by the Oireachtas, to the Authority, a grant or grants of such amount
as the Minister, with the consent of the Minister for Finance, thinks fit.
In each year there may be paid by the Authority, out of moneys received
by it under subsection (1), a grant or grants, of such amount as the Authority
thinks fit, to the Higher Education and Training Awards Council and to the
Further Education and Training Awards Council.
A payment under subsection (2) to the Higher Education and Training
Awards Council or to the Further Education and Training Awards Council, as the
case may be, shall be made in such manner and subject to such conditions as the
Authority thinks fit.
Part III: Further Education and Training Awards Council
There shall stand established a body to be known as Comhairle na
nDa mhachtainõ Breisoideachais agus Oiliu na or in the English language
as the Further Education and Training Awards Council (in this Part referred to
as ``the Council'') to perform the functions conferred on it by or under this
Act.
The Council shall be a body corporate with perpetual succession and an
official seal and power to sue and be sued in its corporate name and, with the
consent of the Minister, to acquire, hold and dispose of land or an interest in
land and to acquire, hold and dispose of any other property.
A further education and training award of the National Council for
Vocational Awards, the National Council for Educational Awards, An Foras, the
National Tourism Certification Board or Teagasc, which was made before the
commencement of this Part, shall be deemed to be an award made by the Council.
The Council may, for a period of five years from the commencement of
this Part, make or recognise further education and training awards where it is
satisfied that the National Council for Vocational Awards, the National Council
for Educational Awards, An Foras, the National Tourism Certification Board or
Teagasc-
had, before the commencement of this Part, validated, or
would, but for the commencement of this Part, have validated,
the programme of education and training concerned for the purposes of making
or recognising further education and training awards.
The Council shall consist of 18 members.
The members of the Council shall be-
the chairperson of the Council,
the chief executive of the Council,
the chief executive of the Higher Education and Training Awards Council,
two persons nominated by the Minister,
two persons nominated by the Minister for Enterprise, Trade and
Employment,
two persons who, in the opinion of the Minister, are representative of
educational or training institutions established and maintained by a
vocational education committee,
one person who, in the opinion of the Minister after consultation with
the Minister for Enterprise, Trade and Employment, is representative of learners
participating in programmes of further education and training,
one person who, in the opinion of the Minister after consultation with
the Minister for Enterprise, Trade and Employment, is representative of
employees of providers of programmes of further education and training,
one person nominated by CERT,
one person nominated by Teagasc,
one person nominated by An Foras,
one person nominated by the Irish Business and Employers Confederation,
one person nominated by the Irish Congress of Trade Unions, and
two persons nominated in accordance with subsection (3).
Subject to subsection (1), the Council shall nominate as members two
persons who have a special knowledge and experience related to the functions of
the Council, at least one of whom shall be a person with relevant international
experience related to those functions.
The First Schedule shall apply to the Council.
The Minister may make regulations for the purposes of nominations to be
made under subsection (2) or (3).
Where a nomination is made under subsection (2) or (3), regard shall be had to
the desirability of an appropriate gender balance and where a person or body
has more than one nomination under this section, the person or body shall
nominate at least one male and at least one female.
The functions of the Council shall be as follows:
to establish and publish, in such form and manner as it thinks fit,
policies and criteria for-
the making of further education and training awards, and
the validation of programmes of further education and training,
and to review such policies and criteria not less than once in every five
years;
to determine standards of knowledge, skill or competence to be acquired
by learners-
before a further education and training award may be made by the Council
or by a provider of a programme of education and training to which authority
to make awards has been delegated under section 19, or
who request from the Council recognition of an award made by a body
other than the Council or a provider to which authority to make awards has been
delegated under section 19;
to make or recognise further education and training awards given or to be
given to persons who apply for those awards and who, in the opinion of the
Council, have achieved the standard determined by the Council under paragraph
(b);
to monitor and evaluate the quality of programmes of education and
training in respect of which awards are made or recognised under paragraph (c);
to ensure that-
providers of programmes of education and training whose programmes are
validated under section 15, and
providers of programmes of education and training to which authority to
make awards has been delegated under section 19,
establish procedures for the assessment of learners which are fair and
consistent and for the purpose of compliance with standards determined by the
Council under paragraph (b);
to promote the further education and training awards of the Council;
to facilitate and assist the Authority in carrying out its functions;
to consult with and advise the Minister or any other Minister, as the
case may be, on such matters in respect of its functions as the Minister or any
other Minister may request or as the Council thinks fit, and to inform the
Authority of any such consultation and advice, and
to do all such acts or things as are necessary or expedient for the
purpose of the exercise of its functions.
The Council, in the performance of its functions, shall-
consult, as it considers appropriate, with providers of further education
and training or other persons or bodies,
following consultation with the Authority, inform itself of practices
outside the State in respect of matters relevant to its functions,
following consultation with the Authority, inform itself of the
education, training, skills and qualifications requirements of industry,
including agriculture, business, tourism, trade, the professions and the
public service, including the level of knowledge, skill or competence to be
acquired by learners and promote practices in further education and training
which meet those requirements, and
ensure that procedures for access, transfer and progression determined by
the Authority under section 8(2)(d) are implemented by-
providers of programmes of education and training whose programmes are
validated under section 15, and
providers of programmes of education and training to which authority to
make awards has been delegated under section 19.
The Council may request-
a provider of programmes of education and training whose programmes are
validated under section 15, or
a provider of programmes of education and training to which authority to
make awards has been delegated under section 19,
to assist the Council in forming an opinion as to whether a person has
achieved the standard determined by the Council under paragraph (b) of
subsection (1) for the purpose of making or recognising a further education and
training award under paragraph (c) of that subsection.
Subject to subsections (2) and (3), a provider of a programme of
education and training may apply to the Council for validation of that
programme.
Subject to paragraphs (b) and (c) and subsection (3), recognised institutions,
An Foras, CERT, Teagasc, An Bord Iascaigh Mhara, any educational or training
institution established and maintained by a vocational education committee
and any school providing post-primary education, shall apply under subsection
(1) to the Council to have all programmes of further education and training
which they provide, organise or procure validated by the Council, other than
those programmes which are provided as a leisure or recreational activity and
which are not intended to lead to an award under this Act.
Paragraph (a) shall not apply to a programme of further education and
training in respect of which a provider has authority delegated to it under
section 19 to make an award.
Where a recognised institution has entered into arrangements or made
arrangements under section 5(1)(b) of the Act of 1992, subject to the agreement
of the Council and the Authority, paragraph (a) shall not apply to a programme
of further education and training provided by such recognised institution for
such period, not exceeding five years from the commencement of this Part, as may
be determined by the Council with the agreement of the Authority.
Where a programme of further education and training is organised or
procured, in whole or in part, by a provider (``the first mentioned provider'')
and is provided, in whole or in part, by another provider (``the second
mentioned provider''), the first mentioned provider shall consult with the
second mentioned provider before making an application for validation under
subsection (1) or (2).
The Council may, on receipt of an application under subsection (1) or (2)-
subject to such conditions as it thinks fit, validate a programme of
education and training where it is satisfied that the programme concerned meets
the criteria determined by the Council under paragraph (a)(ii) of section
14(1), or
refuse validation.
The conditions referred to in subsection (4)(a) shall include, but not
necessarily be limited to, conditions requiring the provider concerned to-
co-operate with and assist the Council, and the Authority where
appropriate, in the performance of their functions,
establish the procedures referred to in section 14(1)(e),
implement the procedures referred to in section 14(2)(d), and
provide such information as the Council may from time to time require for
the purposes of the performance of the functions of the Council, including
information in respect of completion rates.
The Council may, at any time, review a programme of education and
training validated under section 15.
Following a review under subsection (1), where the Council is of the
opinion-
that a programme of education and training validated under section 15 no
longer meets the criteria determined by the Council under paragraph (a)(ii) of
section 14(1), or
that the conditions specified by the Council under paragraph (a)
ofsection 15(4) are not being complied with, or
that there are other reasonable grounds for withdrawing its validation,
the Council shall inform the provider of the programme concerned, by notice
in writing, of its opinion and the reasons for that opinion and the notice shall
state that the provider may make representations to the Council in relation to
that opinion not later than one month after the receipt of the notice by the
provider.
Where, after the expiration of one month from the service of the notice
referred to in subsection (2) and after consideration of any representations
made to the Council, the Council remains of that opinion, it may withdraw its
validation of the programme concerned, by notice in writing addressed to the
provider, from such date as it considers appropriate and having regard to the
interests of the learners concerned and until such time as it may be satisfied
of whichever of the following is appropriate-
that the programme concerned meets the criteria determined by the
Council under paragraph (a)(ii) of section 14(1), or
that the conditions specified by the Council under paragraph (a) of
section 15(4) are being complied with, or
that the grounds for withdrawing validation referred to in subsection
(2)(c) no longer exist.
Where the Council refuses to validate a programme of education and
training under section 15 or withdraws its validation of a programme under
section 16, the provider of the programme concerned may appeal that refusal or
withdrawal to the Authority which may, following consultation with the Council-
confirm the decision of the Council, or
annul the decision of the Council and substitute its decision for the
decision of the Council.
The Council shall comply with a decision made by the Authority under
subsection (1)(b).
Subject to subsection (6), as soon as practicable after the
commencement of this Part and at such other times as the Council after
consultation with the provider concerned thinks fit, a provider of a programme
of education and training-
whose programme has been validated by the Council under section 15, or
to which authority has been delegated under section 19 to make awards in
respect of such programme,
shall, having regard to existing procedures, if any, establish procedures
for quality assurance for the purpose of further improving and maintaining the
quality of education and training which is provided, organised or procured by
that provider as part of the programme concerned and shall agree those
procedures with the Council.
Without prejudice to the generality of subsection (1), the procedures
established under that subsection shall include-
the evaluation at regular intervals and as directed from time to time by
the Council of the programme of education and training concerned, including
evaluation by persons who are competent to make national and international
comparisons in that respect,
evaluation by learners of that programme, and
evaluation of services related to that programme,
and shall provide for the publication in such form and manner as the Council
thinks fit of findings arising out of the application of those procedures.
The Council shall consider the findings arising out of the application
of procedures established under subsection (1) and may make recommendations to
the provider of the programme concerned which that provider shall implement.
The Council shall, from time to time and as directed from time to time by
the Authority, in consultation with the provider of a programme of education
and training, review the effectiveness of the procedures established under
subsection (1) and the implementation by the provider concerned of the findings
arising out of the application of those procedures.
The Council shall-
report to the Authority on, and
publish in such form and manner as the Authority thinks fit,
the results of a review under subsection (4) and shall include in the report
and publication the views, if any, of the provider of the programme concerned.
Where a programme of further education and training is organised or
procured, in whole or in part, by a provider (``the first mentioned provider'')
and is provided, in whole or in part, by another provider (``the second
mentioned provider''), the first mentioned provider shall, in addition to the
requirements specified in subsection (1), in so far as the procedures to be
established under that subsection relate to that part of the programme provided
by the second mentioned provider, agree those procedures with the second
mentioned provider.
Subject to subsection (2), An Foras, CERT or Teagasc (in this
Chapter referred to as a ``relevant provider''), as the case may be, may request
the Council to delegate to it the authority to make further education and
training awards.
Where a programme of further education and training is organised or
procured, in whole or in part, by a relevant provider and is provided, in whole
or in part, by any other provider, the relevant provider shall consult with
such other provider before making a request under subsection (1) for delegation
of authority to make awards in respect of that programme.
Upon receipt of a request under subsection (1), the Council shall
determine and publish, in such form and manner as it thinks fit, criteria for
the purposes of this section and shall, in accordance with subsection (4),
review-
the operation and management of the relevant provider concerned in
relation to programmes of further education and training provided, organised or
procured by that provider, and
those programmes.
In carrying out a review under subsection (3), the Council shall
implement procedures agreed from time to time with the Authority which
procedures shall include-
evaluation by the relevant provider of-
the operation and management of the relevant provider concerned in
relation to programmes of further education and training provided, organised or
procured by that provider, and
those programmes,
where the Council, with the agreement of the Authority, is satisfied with
the result of the evaluation referred to in paragraph (a), subsequent evaluation
by such persons who have a particular knowledge and experience related to
further education and training, as the Council considers appropriate,
including persons with relevant international experience, and
publication, in such form and manner as the Council thinks fit, of a
report on the findings of those evaluations.
Where the Council is satisfied, with the agreement of the Authority,
following a review under subsection (3), that-
the operation and management of a relevant provider in relation to
programmes of further education and training provided, organised or procured by
that provider, and
those programmes,
meet the criteria determined by the Council for the purposes of this section
with the agreement of the Authority, then the Council may delegate
to that provider the authority to make such further education and training
awards, subject to such conditions as it thinks fit, as the Council specifies by
notice in writing to the relevant provider concerned and the Authority.
The conditions referred to in subsection (5) shall include, but not
necessarily be limited to, conditions requiring the relevant provider to-
co-operate with and assist the Council, and the Authority where
appropriate, in the performance of their functions,
establish the procedures referred to in section 14(1)(e),
implement the procedures referred to in section 14(2)(d), and
provide such information as the Council requires for the purposes of the
performance of the functions of the Council, including information in respect of
completion rates.
The Council shall, for the purpose of determining the conditions
referred to in subsection (5), have regard, in particular, to programmes, if
any, referred to in subsection (2).
The Council shall from time to time as it thinks fit and in any case
not less than once in every five years, or as directed from time to time by the
Authority, review, in such manner as it thinks fit-
the operation and management of a relevant provider, to which authority
to make awards has been delegated under section 19, in relation to programmes of
further education and training provided, organised or procured by that provider,
and
those programmes.
Where the Council, having carried out a review under subsection (1), is
of the opinion-
that the operation or management of the relevant provider concerned
in relation to programmes of further education and training provided, organised
or procured by that provider, or
that those programmes,
do not meet the criteria determined by the Council under section 19(5), or
that the conditions specified by the Council under section 19(5) are not
being complied with, or
that there are other reasonable grounds for withdrawing the authority to
make awards delegated to that provider under section 19,
it shall inform the relevant provider concerned, by notice in writing, of its
opinion and the reasons for that opinion and the notice shall state that the
relevant provider may make representations to the Council in relation to that withdrawal not later than three months after the
receipt of the notice by that provider.
Where, after the expiration of three months from the service of the
notice referred to in subsection (2) and after consideration of any
representations made to the Council, the Council remains of that opinion it may
withdraw the authority to make awards delegated to the relevant provider under
section 19, by notice in writing addressed to that provider, from such date as
it considers appropriate and until such time as it may be satisfied of whichever
of the following is appropriate-
that the operation and management of the relevant provider
concerned in relation to programmes of further education and training provided,
organised or procured by that provider, or
that those programmes,
meet the criteria determined by the Council under section 19(5), or
that the conditions specified by the Council under section 19(5) are
being complied with, or
that the grounds referred to in subsection (2)(c) for withdrawing the
authority to make awards no longer exist.
A review under subsection (1) shall be carried out in accordance with
such procedures as may be determined from time to time by the Council with the
agreement of the Authority and those procedures shall provide for an appeal to
the Authority against a decision to withdraw the authority to make awards
delegated under section 19.
Part IV: Higher Education and Training Awards Council
There shall stand established a body to be known as Comhairle na
nDa mhachtainõ Ardoideachais agus Oiliu na or in the English language as
the Higher Education and Training Awards Council (in this Part referred to as
``the Council'') to perform the functions conferred on it by or under this Act.
The Council shall be a body corporate with perpetual succession and an
official seal and power to sue and be sued in its corporate name and, with the
consent of the Minister, to acquire, hold and dispose of land or an interest in
land and to acquire, hold and dispose of any other property.
A higher education and training award of the National Council for
Educational Awards, the National Council for Vocational Awards, An Foras, the
National Tourism Certification Board or Teagasc, which was made before the
commencement of this Part, shall be deemed to be an award made by the Council.
The
Council may, for a period of five years from the commencement of this Part,
make or recognise higher education and training awards where it is satisfied
that the National Council for Educational Awards, the National Council for
Vocational Awards, An Foras, the National Tourism Certification Board or Teagasc-
had, before the commencement of this Part, validated, or
would, but for the commencement of this Part, have validated,
the programme of education and training concerned for the purposes of making
or recognising higher education and training awards.
The Council shall consist of 15 members.
The members of the Council shall be-
the chairperson of the Council,
the chief executive of the Council,
the chief executive of the Further Education and Training Awards Council,
two persons nominated by the Minister, one of whom shall be a person who,
in the opinion of the Minister, is representative of providers of education
and training, other than recognised institutions,
one person nominated by the Minister for Enterprise, Trade and
Employment,
three persons nominated by recognised institutions,
one person who, in the opinion of the Minister, is representative of
learners in recognised institutions,
one person who, in the opinion of the Minister, is representative of
employees of recognised institutions,
one person nominated by the Irish Business and Employers Confederation,
one person nominated by the Irish Congress of Trade Unions, and
two persons nominated in accordance with subsection (3).
Subject to subsection (1), the Council shall nominate as members two
persons who have a special knowledge and experience related to the functions of
the Council, at least one of whom shall be a person with relevant international
experience related to those functions.
The First Schedule shall apply to the Council.
The Minister may make regulations for the purposes of nominations to be
made under subsection (2) or (3).
Where a nomination is made under subsection (2) or (3), regard shall be
had to the desirability of an appropriate gender balance and where a person or
body has more than one nomination under this section, the person or body shall
nominate at least one male and at least one female.
The functions of the Council shall be as follows:
to establish and publish, in such form and manner as it thinks fit,
policies and criteria for-
the making of higher education and training awards, and
the validation of programmes of higher education and training,
and to review such policies and criteria not less than once in every five
years;
to determine standards of knowledge, skill or competence to be acquired
by learners-
before a higher education and training award may be made by the Council
or by a recognised institution to which authority to make awards has been
delegated under section 29, or
who request from the Council recognition of an award made by a body
other than the Council or a recognised institution to which authority to make
awards has been delegated under section 29;
to make or recognise higher education and training awards given or to be
given to persons who apply for those awards and who, in the opinion of the
Council, have achieved the standard determined by the Council under paragraph
(b);
to monitor and evaluate the quality of programmes of education and
training in respect of which awards are made or recognised under paragraph (c);
to ensure that-
providers of programmes of education and training whose programmes are
validated under section 25, and
recognised institutions to which authority to make awards has been
delegated under section 29,
establish procedures for the assessment of learners which are fair and
consistent and for the purpose of compliance with standards determined by the
Council under paragraph (b);
to promote the higher education and training awards of the Council;
to facilitate and assist the Authority in carrying out its functions;
to
consult with and advise the Minister or any other Minister, as the case may
be, on such matters in respect of its functions as the Minister or any other
Minister may request or as the Council thinks fit, and to inform the Authority
of any such consultation and advice, and
to do all such acts or things as are necessary or expedient for the
purpose of the exercise of its functions.
The Council, in the performance of its functions, shall-
consult, as it considers appropriate, with providers of higher education
and training or other persons or bodies,
following consultation with the Authority, inform itself of practices
outside the State in respect of matters relevant to its functions,
following consultation with the Authority, inform itself of the
education, training, skills and qualifications requirements of industry,
including agriculture, business, tourism, trade, the professions and the
public service, including the level of knowledge, skill or competence to be
acquired by learners and promote practices in higher education and training
which meet those requirements, and
ensure that procedures for access, transfer and progression determined by
the Authority under section 8(2)(d) are implemented by-
providers of programmes of education and training whose programmes are
validated under section 25, and
recognised institutions to which authority to make awards has been
delegated under section 29.
The Council may request-
a provider of programmes of education and training whose programmes are
validated under section 25, or
a recognised institution to which authority to make awards has been
delegated under section 29,
to assist the Council in forming an opinion as to whether a person has
achieved the standard determined by the Council under paragraph (b) of
subsection (1) for the purpose of making or recognising a higher education and
training award under paragraph (c) of that subsection.
The recognised institutions of the Council shall be-
the institutions established by or under section 3 of the Act of 1992,
and
any other institution which is designated as a recognised institution of
the Council under subsection (2).
The Minister may, following consultation with recognised institutions and
subject to the agreement of the educational or training institution concerned,
by order designate an educational or training institution established-
by or under an Act of the Oireachtas, or
by a Minister or by the Government,
as a recognised institution of the Council.
Subject to subsections (2) and (3), a provider of a programme of
education and training may apply to the Council for validation of that
programme.
Subject to paragraphs (b) and (c) and subsection (3), recognised
institutions, An Foras, CERT, Teagasc and An Bord Iascaigh Mhara shall apply
under subsection (1) to the Council to have all programmes of higher education
and training which they provide, organise or procure validated by the Council.
Paragraph (a) shall not apply to a programme of higher education and
training in respect of which a recognised institution has authority delegated to
it under section 29 to make an award.
Where a recognised institution has entered into arrangements or made
arrangements under section 5(1)(b) of the Act of 1992, subject to the agreement
of the Council and the Authority, paragraph (a) shall not apply to a programme
of higher education and training provided by such recognised institution for
such period, not exceeding five years from the commencement of this Part, as may
be determined by the Council with the agreement of the Authority.
Where a programme of higher education and training is organised or
procured, in whole or in part, by a provider (``the first mentioned
provider'') and is provided, in whole or in part, by another provider (``the
second mentioned provider''), the first mentioned provider shall consult with
the second mentioned provider before making an application for validation under
subsection (1) or (2).
The Council may, on receipt of an application under subsection (1) or (2)-
subject to such conditions as it thinks fit, validate a programme of
education and training where it is satisfied that the programme concerned meets
the criteria determined by the Council under paragraph (a)(ii) of section
23(1), or
refuse validation.
The conditions referred to in subsection (4)(a) shall include, but not
necessarily be limited to, conditions requiring the provider concerned to-
co-operate with and assist the Council, and the Authority where
appropriate, in the performance of their functions,
establish the procedures referred to in section 23(1)(e),
implement the procedures referred to in section 23(2)(d), and
provide such information as the Council may from time to time require for the
purposes of the performance of the functions of the Council, including
information in respect of completion rates.
The Council may, at any time, review a programme of education and
training validated under section 25.
Following a review under subsection (1), where the Council is of the
opinion-
that a programme of education and training validated under section 25 no
longer meets the criteria determined by the Council under paragraph (a)(ii) of
section 23(1), or
that the conditions specified by the Council under paragraph (a)
ofsection 25(4) are not being complied with, or
that there are other reasonable grounds for withdrawing its validation,
the Council shall inform the provider of the programme concerned, by notice
in writing, of its opinion and the reasons for that opinion and the notice shall
state that the provider may make representations to the Council in relation to
that opinion not later than one month after the receipt of the notice by the
provider.
Where, after the expiration of one month from the service of the notice
referred to in subsection (2) and after consideration of any representations
made to the Council, the Council remains of that opinion, it may withdraw its
validation of the programme concerned, by notice in writing addressed to the
provider, from such date as it considers appropriate and having regard to the
interests of the learners concerned and until such time as it may be satisfied
of whichever of the following is appropriate-
that the programme concerned meets the criteria determined by the
Council under paragraph (a)(ii) of section 23(1), or
that the conditions specified by the Council under paragraph (a) of
section 25(4) are being complied with, or
that the grounds for withdrawing validation referred to in subsection
(2)(c) no longer exist.
Where the Council refuses to validate a programme of education and
training under section 25 or withdraws its validation of a programme under
section 26, the provider of the programme concerned may appeal that refusal or
withdrawal to the Authority which may, following consultation with the Council-
confirm the decision of the Council, or
annul the decision of the Council and substitute its decision for the
decision of the Council.
The Council shall comply with a decision made by the Authority under
subsection (1)(b).
Subject to subsection (6), as soon as practicable after the
commencement of this Part and at such other times as the Council after
consultation with the provider concerned thinks fit-
a provider of a programme of education and training whose programme has
been validated by the Council under section 25, or
a recognised institution to which authority has been delegated under
section 29 to make awards in respect of a programme of higher education and
training,
shall, having regard to existing procedures, if any, establish procedures
for quality assurance for the purpose of further improving and maintaining the
quality of education and training which is provided, organised or procured by
that provider as part of the programme concerned and shall agree those
procedures with the Council.
Without prejudice to the generality of subsection (1), the procedures
established under that subsection shall include-
evaluation at regular intervals and as directed from time to time by the
Council of the programme of education and training concerned, including
evaluation by persons who are competent to make national and international comparisons in that respect,
evaluation by learners of that programme, and
evaluation of services related to that programme,
and shall provide for the publication in such form and manner as the Council
thinks fit of findings arising out of the application of those procedures.
The Council shall consider the findings arising out of the application
of procedures established under subsection (1) and may make recommendations to
the provider of the programme concerned which that provider shall implement.
The Council shall, from time to time and as directed from time to time by
the Authority, in consultation with the provider of a programme of education
and training, review the effectiveness of the procedures established under
subsection (1) and the implementation by the provider concerned of the findings
arising out of the application of those procedures.
The Council shall-
report to the Authority on, and
publish in such form and manner as the Authority thinks fit,
the results of a review under subsection (4) and shall include in a report or
publication the views, if any, of the provider of the programme concerned.
Where a programme of higher education and training is organised or
procured, in whole or in part, by a provider (``the first mentioned
provider'') and is provided, in whole or in part, by another provider (``the
second mentioned provider''), the first mentioned provider shall, in addition to
the requirements specified in subsection (1), in so far as the procedures to be
established under that subsection relate to that part of the programme
provided by the second mentioned provider, agree those procedures with the second mentioned provider.
Subject to subsection (2), a recognised institution may request the
Council to delegate to it the authority to make higher education and training
awards.
Where a programme of higher education and training is organised or
procured, in whole or in part, by a recognised institution and is provided, in
whole or in part, by any other provider, the recognised institution shall
consult with such other provider before making a request under subsection (1)
for delegation of authority to make awards in respect of that programme.
Upon receipt of a request under subsection (1), the Council shall
determine and publish, in such form and manner as it thinks fit, criteria for
the purposes of this section and shall, in accordance with subsection (4),
review-
the operation and management of the recognised institution concerned in
relation to programmes of higher education and training provided, organised or
procured by that recognised institution, and
those programmes.
In carrying out a review under subsection (3), the Council shall
implement the procedures agreed from time to time with the Authority which
procedures shall include-
evaluation by the recognised institution of-
the operation and management of the recognised institution concerned in
relation to programmes of higher education and training provided, organised or
procured by that institution, and
those programmes,
where the Council, with the agreement of the Authority, is satisfied with
the result of the evaluation referred to in paragraph (a), subsequent evaluation
by such persons who have a particular knowledge and experience related to higher
education and training, as the Council considers appropriate, including persons
with relevant international experience, and
publication, in such form and manner as the Council thinks fit, of a
report of the findings of those evaluations.
Where the Council is satisfied, with the agreement of the Authority,
following a review under subsection (3), that-
the operation and management of a recognised institution in relation to
programmes of higher education and training provided, organised or procured by
the recognised institution, and
those programmes,
meet the criteria determined by the Council for the purposes of this section
with the agreement of the Authority, then the Council may delegate to that
recognised institution the authority to make such higher education and training
awards, subject to such conditions as it thinks fit, as the Council specifies by
notice in writing to the recognised institution concerned and the Authority.
The conditions referred to in subsection (5) shall include, but not
necessarily be limited to, conditions requiring the recognised institution
concerned to-
co-operate with and assist the Council, and the Authority where
appropriate, in the performance of their functions,
establish the procedures referred to in section 23(1)(e),
implement the procedures referred to in section 23(2)(d), and
provide such information as the Council requires for the purposes of the
performance of the functions of the Council, including information in respect of
completion rates.
The Council shall, for the purpose of determining the conditions
referred to in subsection (5), have regard, in particular, to programmes, if
any, referred to in subsection (2).
A review which, at the commencement of this Part, has been or is being
conducted on the direction of the Minister in relation to the delegation of
authority to an institution established by or under section 3 of the Act of 1992
to make higher education and training awards, which following such commencement
becomes a recognised institution, shall be a review for the purposes of this
section where the Minister so determines and the Minister shall inform the
Council, by notice in writing, of any such determination and may give such
directions to the Council and the Authority, as he or she considers appropriate.
The Council shall from time to time as it thinks fit and in any case
not less than once in every five years, or as directed from time to time by the
Authority, review, in such manner as it thinks fit-
the operation and management of a recognised institution, to which
authority to make awards has been delegated under section 29, in relation to
programmes of higher education and training provided, organised or procured by
that institution, and
those programmes.
Where the Council, having carried out a review under subsection (1), is
of the opinion-
that the operation or management of the recognised institution
concerned in relation to programmes of higher education and training provided,
organised or procured by that recognised institution, or
that those programmes, do not
meet the criteria determined by the Council under section 29(5), or
that the conditions specified by the Council under section 29(5) are not
being complied with, or
that there are other reasonable grounds for withdrawing the authority to
make awards delegated to that recognised institution under section 29,
it shall inform the recognised institution concerned, by notice in writing,
of its opinion and the reasons for that opinion and the notice shall state that
the recognised institution may make representations to the Council in relation
to that withdrawal not later than three months after the receipt of the notice
by the institution.
Where, after the expiration of three months from the service of the
notice referred to in subsection (2) and after consideration of any
representations made to the Council, the Council remains of that opinion it may
withdraw the authority to make awards delegated to the recognised institution
under section 29, by notice in writing addressed to that recognised institution,
from such date as it considers appropriate and until such time as it may be
satisfied of whichever of the following is appropriate-
that the operation and management of the recognised institution
concerned in relation to programmes of higher education and training provided,
organised or procured by that recognised institution, or
that those programmes,
meet the criteria determined by the Council under section 29(5), or
that the conditions specified by the Council under section 29(5) are
being complied with, or
that the grounds referred to in subsection (2)(c) for withdrawing the
authority to make awards no longer exist.
A review under subsection (1) shall be carried out in accordance with
such procedures as may be determined from time to time by the Council with the
agreement of the Authority and those procedures shall provide for an appeal to
the Authority against a decision to withdraw the authority to make awards
delegated under section 29.
A recognised institution which has authority to make awards
delegated to it under section 29 shall have a charter which shall not conflict
with this Act or with the Regional Technical Colleges Acts, 1992 and 1994.
The Minister may, from time to time, make regulations for the purposes of
specifying the matters to be included by a recognised institution in a charter
referred to in subsection (1) and without prejudice to the generality of the
foregoing such matters may include, but not necessarily be limited to, all or
any of the following:
its arrangements for consultation and co-operation with the community in
the region served by that institution, including commercial and industrial
interests in that community;
its criteria for determining the level of demand for particular
programmes of education and training and the levels of such programmes;
its policy in respect of adult and continuing education and the
arrangements established for the provision of such education, including
part-time and evening programmes;
its arrangements for the implementation of procedures for access,
transfer and progression determined by the Authority under section 8(2)(d);
its arrangements for the promotion and use of the Irish language and
the promotion of the distinctive cultures of Ireland;
its procedures in relation to quality assurance of its programmes of
education and training; and
any other matters which the Minister considers appropriate for the
purposes of a charter.
Regulations made 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 those regulations.
In preparing a charter, the governing body of a recognised institution-
shall consult with the Authority and the Council, in such manner as the
Authority and the Council think fit,
shall consult with, in such manner as the governing body thinks fit, the
academic council, the academic staff and other employees of the recognised
institution, any recognised trade union or staff association, and any
recognised student union or other student representative body, and
may consult with any other person or group, both within and outside of
the recognised institution, which the governing body considers appropriate.
A draft of a charter proposed under this section shall be submitted by
the governing body of the recognised institution concerned to the Minister with
a request that the proposed charter be recognised, and the Minister may, by
order, recognise the charter as so drafted where he or she is satisfied that it
is not in conflict with this Act or with the Regional Technical Colleges Acts,
1992 and 1994.
An order made under this section shall be laid before each House of the
Oireachtas as soon as may be after it is made and, if a resolution annulling the
order is passed by either such House within the next 21 days on which that House
has sat after the order is laid before it, the order shall be annulled
accordingly, but without prejudice to the validity of anything previously done
thereunder.
The
Minister may, following consultation with the recognised institution, by order
amend or revoke an order made under this section, including an order made under
this subsection.
in section 3, by the substitution for subsection (2) of the following
subsection:
"Subject to section 3A (inserted by the Qualifications (Education and
Training) Act, 1999), the Government may, by order, provide that this Act shall
apply to any other educational institution and amend the said First Schedule by
inserting in column (1) thereof the name of the institution and any other
particulars relevant to the Schedule and, upon commencement of the order, the
institution shall stand established as a college to which this Act applies and
the college shall, subject to subsection (4), continue to bear and to be known
by that name.",
by the insertion after section 3 of the following section:
"Appointment of 3A.
Before making an order under section 3(2) (as
amended by the An tU dara s. Qualifications (Education and Training) Act, 1999) for the purposes of establishing an educational institution as a
college under that section, the
Government shall appoint a committee to consider whether an educational
institution shall be established under that section and to advise An tUÂ daraÂ
s in that regard.
The membership of a committee appointed under subsection (1) shall be
recommended by An tU dara s following consultation with the National Qualifications Authority of Ireland and the Higher Education and Training
Awards Council and shall include persons who have a special knowledge and
experience of education in the State and outside the State.
A committee appointed under subsection (1), in considering whether an
educational institution shall be established as a college under section 3(2),
shall-
examine the provision of higher education and training in the region to
be served by the institution concerned and in the State generally,
where the committee is of the opinion that further provision of higher
education and training is necessary, consider other options for achieving such provision other than by the establishment of
an educational institution as a college, and
consult with such bodies and persons as it thinks fit, including any
other institution providing higher education and training in the region concerned and the vocational education committee in whose functional area that
institution is situated.
Subject to subsection (5), on the advice of a committee appointed under
subsection (1) and the recommendation of An tU dara s, following
consultation with the National Qualifications Authority of Ireland and the
Higher Education and Training Awards Council, the Government may make an order
under section 3(2).
The Government shall not make an order under section 3(2) unless it has
first caused to be laid before each House of the Oireachtas a draft of the
proposed order and a resolution approving of the draft has been passed by both
Houses.'',
and
in section 5, by the substitution for paragraph (b) of subsection (1)
of the following paragraphs-
"
to enter into arrangements with the Higher Education and Training
Awards Council, or with any other authority approved by the National
Qualifications Authority of Ireland, from time to time, for the purpose of
having higher education and training awards made, and
to make such other arrangements as may be approved by the Higher
Education and Training Awards Council and the National Qualifications
Authority of Ireland, from time to time, for that purpose and, subject to
sections 29 and 30 of the Qualifications (Education and Training) Act, 1999, to
make higher education and training awards, as appropriate;
bb
to enter into arrangements with the Further Education and Training
Awards Council or with any other authority approved by the National
Qualifications Authority of Ireland, from time to time, for the purpose of
having further education and training awards made, and
to make such other arrangements as may be approved by the Further
Education and Training Awards Council and the National Qualifications
Authority of Ireland, from time to time, for that purpose;''.
Chapter V: Dissolution of National Council for Educational Awards, etc.
The National Council for Educational Awards is hereby dissolved.
Subject to subsection (3), references to the National Council for
Educational Awards in an enactment (other than this Act) or in an instrument
made thereunder or in the memorandum or articles of association of any company
(within the meaning of the Companies Acts, 1963 to 1990) or any other legal
document, shall be construed, on and after the commencement of this Chapter, as
references to the Council.
Subsection (2) shall not apply to references to the National Council for
Educational Awards in regulations made under section 1(1) of the Higher
Education Authority Act, 1971.
-Where, immediately before the commencement of this Chapter, any legal
proceedings are pending in any court or tribunal and the National Council for
Educational Awards or any trustee or agent thereof acting on its behalf is a
party to the proceedings, the name of the Council shall be substituted in the
proceedings for that of the National Council for Educational Awards or, as the
case may be, such trustee or agent thereof, or added in those proceedings as may
be appropriate, and those proceedings shall not abate by reason of the
substitution.
The following shall be and hereby are transferred to the Council-
all property and rights relating to such property held or enjoyed
immediately before the commencement of this Chapter by the National Council for
Educational Awards or any trustee or agent thereof acting on its behalf,
all liabilities incurred before such commencement by the National Council
for Educational Awards or any trustee or agent thereof acting on its behalf that
had not been discharged before such commencement,
and, accordingly, without any further conveyance, transfer or assignment-
the said property, real and personal, shall, on such commencement, vest
in the Council for all the estate, term or interest for which, immediately
before such commencement, it was vested in the National Council for Educational Awards but subject to all trusts and equities affecting the property
and capable of being performed,
those rights shall, as and from such commencement, be enjoyed by the
Council, and
those liabilities shall, as and from such commencement, be liabilities
of the Council.
All moneys, stocks, shares and securities transferred to the Council by
this section which, on the commencement of this Chapter, are standing in the
name of the National Council for Educational Awards or any trustee or agent thereof shall, upon the request of the
Council, be transferred into its name.
Every right and liability transferred to the Council by this section may,
on or after the commencement of this Chapter, be sued on, recovered or enforced
by or against the Council in its own name and it shall not be necessary for the
Council to give notice to the person whose right or liability is transferred by
this section of the transfer.
-Every bond, guarantee or other security of a continuing nature made or
given by or on behalf of the National Council for Educational Awards to any
person or given by any person to and accepted by or on behalf of the National
Council for Educational Awards and every contract or agreement made between the
National Council for Educational Awards, or any trustee or agent thereof acting on its behalf, and any other person and in force but not fully executed and
completed immediately before the commencement of this Chapter shall continue in
force on and after such commencement and shall be construed and have effect as
if the name of the Council was substituted therein for that of the National
Council for Educational Awards or, as appropriate, any trustee or agent
thereof acting on its behalf, and shall be enforceable by or against the
Council.
-The National Council for Educational Awards Act, 1979, is hereby
repealed.
In this Part ``the Institute'' means the Dublin Institute of
Technology established under section 3 of the Dublin Institute of Technology
Act, 1992.
The Institute shall-
facilitate and assist the Authority in carrying out its functions,
implement procedures for access, transfer and progression determined by
the Authority under section 8(2)(d) in so far as those procedures apply to the
Institute, and
provide such information as the Authority may from time to time require
for the purposes of the performance of the functions of the Authority, including
information in respect of completion rates.
The Institute may apply to the Further Education and Training Awards
Council or the Higher Education and Training Awards Council to have programmes
of education and training which it provides, organises or procures validated
by either such Council, as appropriate.
The Institute shall, as soon as practicable after the commencement
of this Part, having regard to existing procedures, if any, establish procedures
for quality assurance for the purpose of further improving and maintaining the
quality of education and training which is
provided by the Institute and shall agree those procedures with the Authority.
Without prejudice to the generality of subsection (1), the procedures
established under that subsection shall include-
evaluation at regular intervals and as directed from time to time by the
Authority of the programmes of education and training provided by the Institute,
including evaluations by persons who are competent to make national and
international comparisons in that respect,
evaluation by learners of programmes of education and training provided
by the Institute, and
evaluation of services related to the programmes of education and
training provided by the Institute,
and shall provide for the publication in such form and manner as the
Authority thinks fit of findings arising out of the application of those
procedures.
The Authority shall consider the findings arising out of the application
of procedures established under subsection (1) and may make recommendations to
the Institute which the Institute shall implement.
The Authority shall, within five years of the commencement of this Part,
and thereafter from time to time as it may determine but in any case not more
than once in every three years and not less than once in every seven years, in
consultation with the Institute, review the effectiveness of the procedures
established under subsection (1) and the implementation by the Institute of
the findings arising out of the application of those procedures.
The Authority shall publish in such form and manner as it thinks fit the
results of a review under subsection (4) and shall include in the publication
the views, if any, of the Institute.
Without prejudice to the objects and functions of a university
under the Act of 1997, a university shall co-operate with and give all
reasonable assistance to the Authority in carrying out its functions.
A university may advise the Authority on the exercise of its functions
under section 8, in so far as those functions relate to the university.
A university shall provide such information as the Authority may from
time to time require for the purposes of the performance of the functions of the
Authority.
A university may apply to the Further Education and Training Awards
Council or the Higher Education and Training Awards Council to have programmes
of education and training which it provides, organises or procures validated
by either such Council, as appropriate.
In performing its functions under sections 35 and 49(b) of the Act of
1997, An tU dara s shall consult with the Authority.
Chapter II: Universities established under section 9 of Act of 1997
This Chapter shall apply only to universities established under
section 9 of the Act of 1997 (in this Chapter referred to as a ``relevant
university'').
A relevant university shall-
co-operate with and give all reasonable assistance to the Authority in
carrying out its functions,
implement procedures for access, transfer and progression determined by
the Authority under section 8(2)(d) in so far as those procedures apply to the
relevant university concerned, and
provide such information as the Authority may from time to time require
for the purposes of the performance of the functions of the Authority, including
information in respect of completion rates.
Where the governing authority of a relevant university approves of a
strategic development plan under section 34 of the Act of 1997 it shall-
ensure that the plan provides the means by which that university shall
perform its functions under this Act, and
provide a copy of that plan to the Authority.
Where the chief officer of a relevant university prepares a report on the
operations and the performance of that university under section 41 of the Act of
1997, he or she shall have regard to the part or parts of the strategic
development plan under section 34 of that Act relevant to the performance of the
functions of the relevant university concerned under this Act.
Where An tU dara s, under section 49(a) of the Act of 1997, reviews a
strategic development plan prepared by a relevant university in accordance
with section 34 of that Act, it shall consult with the Authority with regard to
the means by which the relevant university concerned shall perform its functions
under this Act.
In determining the amount of money to be allocated for the financial year
to a relevant university from moneys provided to An tU dara s pursuant to
section 12 of the Higher Education Authority Act, 1971, and section 37(2) of the
Act of 1997, An tU dara s shall ensure that the range and levels of
programmes of education and training in that university and the number of
learners participating in those programmes shall be in accordance with such
policies as may be determined, from time to time, by the Minister, and An tUÂ
dara s may give directions to a relevant university for those purposes.
A
relevant university shall act in accordance with such directions as may be
given from time to time by An tU dara s to that university under
subsection (6).
A relevant university may apply to the Further Education and Training
Awards Council or the Higher Education and Training Awards Council to have
programmes of education and training which it provides, organises or procures
validated by either such Council, as appropriate.
A relevant university shall, as soon as practicable after the
commencement of this Chapter, having regard to existing procedures, if any,
establish procedures for quality assurance for the purpose of further improving
and maintaining the quality of education and training which is provided by the
relevant university concerned and shall agree those procedures with the
Authority.
Without prejudice to the generality of subsection (1), the procedures
established under that subsection shall include-
evaluation at regular intervals and as directed from time to time by the
Authority of the programmes of education and training provided by the relevant
university concerned, including evaluations by persons who are competent to
make national and international comparisons in that respect,
evaluation by learners of programmes of education and training provided
by that university, and
evaluation of services related to the programmes of education and
training provided by that university,
and shall provide for the publication in such form and manner as the
Authority thinks fit of findings arising out of the application of those
procedures.
The Authority shall consider the findings arising out of the application
of procedures established under subsection (1) and may make recommendations to
the relevant university which that university shall implement.
The Authority shall, within five years of the commencement of this
Chapter, and thereafter from time to time as it may determine but in any case
not more than once in every three years and not less than once in every seven
years, in consultation with the relevant university concerned, review the
effectiveness of the procedures established under subsection (1) and the
implementation by that university of the findings arising out of the
application of those procedures.
The Authority shall publish in such form and manner as it thinks fit the
results of a review under subsection (4) and shall include in the publication
the views, if any, of the relevant university concerned.
Sections 35 and 49(b) of the Act of 1997 shall not apply to a relevant
university.
The Higher Education and Training Awards Council and the Further
Education and Training Awards Council shall not-
validate a programme of education and training pursuant to section 15 or
25, as the case may be, or
make or recognise any award in respect of a programme of education and
training,
being in either case a programme of a duration of three months or more, which
is provided by a provider which intends to operate programmes of education and
training on a commercial and profit-making basis, unless the Higher Education
and Training Awards Council or the Further Education and Training Awards
Council, as the case may be, is satisfied that the provider concerned has
arrangements in place which make provision for learners where that provider
ceases to provide the programme concerned.
In this Part ``arrangements in place'' means-
that the provider of the programme concerned has arrangements in place
with at least two other providers which provide that a learner may transfer to
similar programmes provided by those other providers, or
in the case of a provider who considers, subject to the agreement of
the Higher Education and Training Awards Council or the Further Education and
Training Awards Council, as the case may be, that it is not practicable to have
arrangements in place as specified in paragraph (a), such provider has
arrangements in place which enable that provider to refund to a learner, or to
the person who paid the moneys concerned on behalf of the learner, the moneys
most recently paid to the provider in respect of that programme.
The Higher Education and Training Awards Council and the Further
Education and Training Awards Council shall each maintain a register of
programmes of education and training in respect of which there are arrangements in place in accordance with subsection (1).
A register referred to in paragraph (a) shall be kept in such form and
manner as the Authority may from time to time direct and the Authority shall
publish, in such form and manner as the Authority considers appropriate, details
of the register concerned.
The requirement to provide information in accordance with section
15(5)(d) or 25(5)(d), as the case may be, may include information in respect
of arrangements which a provider is required to have in place in accordance with
this section.
References in this Part to a provider ceasing to provide a programme of
education and training include ceasing to provide the programme concerned for
whatever reason, including-
the insolvency of the provider, or
withdrawal of validation of the programme concerned by the Higher Education and
Training Awards Council or the Further Education and Training Awards Council, as
the case may be,
before completion of that programme.
Where a provider of a programme of education and training to which
section 43 applies ceases to provide the programme concerned, the relevant
body shall make all reasonable efforts to assist the learners concerned to find
an appropriate programme of education and training with another provider which
will enable them to complete that education and training.
Subsection (1) applies without prejudice to the duties and obligations
of the provider of a programme of education and training to the learners
concerned.
In this section ``relevant body'' means whichever of the Further
Education and Training Awards Council or the Higher Education and Training
Awards Council made or recognised an award or was to make or recognise an award
in respect of the programme of education and training concerned.
Subject to subsection (2), a provider, before accepting any moneys
from or on behalf of a learner (other than moneys paid on behalf of a learner
from funds provided by the Oireachtas), in respect of a programme of education
and training of a duration of three months or more, shall, by notice in writing,
inform the learner by whom or on whose behalf the moneys are to be paid-
whether the provider is required under section 43 to have arrangements in
place and the nature of those arrangements, or
of other procedures (if any) that the provider maintains for the
protection of the learners concerned if the provider ceases to provide that
programme.
Subsection (1) shall apply whether or not the Higher Education and
Training Awards Council or the Further Education and Training Awards Council
make or recognise any award in respect of the programme of education and
training concerned.
Subject to subsection (2), a provider which intends to operate a
programme of education and training shall, by notice in writing, in respect of a
programme of a duration of three months or more, inform the learner-
before the commencement of the programme, or
before accepting any moneys from or on behalf of a learner in respect of
the programme,
whichever is the earlier-
whether the programme concerned is accommodated through the procedures
for access, transfer or progression referred to in section 8(2)(d) and the
extent of such accommodation, and
of the name of the awarding body which shall make the award where the
learner successfully completes the programme concerned and the title of that
award.
Subsection (1) shall apply whether or not the Higher Education and
Training Awards Council or the Further Education and Training Awards Council
make or recognise any award in respect of the programme concerned.
-A provider of a programme of education and training who-
falsely claims or represents that the Higher Education and Training
Awards Council or the Further Education and Training Awards Council has
validated the programme concerned or makes or recognises an award in respect of
that programme, knowing or having reason to believe that the claim or
representation is false, or
falsely claims or represents that the provider concerned is a recognised
institution of the Higher Education and Training Awards Council, knowing or
having reason to believe that the claim or representation is false, or
fails to furnish the information which the provider concerned is
required to furnish under section 45 or 46, or
makes a false representation to a learner in relation to the matters
referred to in section 45 or 46, knowing or having reason to believe that the
representation is false,
shall be guilty of an offence and shall be liable-
on summary conviction, to a fine not exceeding £1,500 or, at the
discretion of the court, to imprisonment for a term not exceeding 12 months, or
both, or
on conviction on indictment, to a fine not exceeding £50,000 or, at the
discretion of the court, to imprisonment for a term not exceeding 5 years, or
both.
-In this Part ``relevant body'' means the Authority, the Higher Education
and Training Awards Council or the Further Education and Training Awards
Council, as the case may be.
Each relevant body shall have a chairperson who shall be appointed
by the Minister, following consultation with the Minister for Enterprise, Trade
and Employment, the Minister for Agriculture and Food and the Minister for
Tourism, Sport and Recreation.
The chairperson of a relevant body may be removed from office by the
Minister for stated reasons.
An appointment under subsection (1) shall be on a part-time basis and the
person appointed shall exercise no function in respect of the control and
management of a relevant body other than the functions of chairperson of that
body provided for under this Act.
Subject to subsections (2) and (3) and section 51, each relevant body shall,
subject to the approval of the Minister, from time to time appoint a chief
executive in a whole-time capacity.
A relevant body shall appoint a chief executive under subsection (1),
subject to the approval of the Minister, within three years of the establishment
of the relevant body concerned.
The chief executive shall be appointed in accordance with procedures
determined by the relevant body concerned with the consent of the Minister.
The chief executive shall carry on and manage, and control generally, the
administration and business of the relevant body concerned and perform such
other functions (if any) as may be determined by that body.
For the purposes of section 19 of the Comptroller and Auditor General
(Amendment) Act, 1993, ``accounting officer'' shall include a chief executive
appointed under subsection (1).
The Second Schedule shall apply to the chief executive.
The Minister, with the consent of the Minister for Enterprise, Trade
and Employment, may appoint a person to be the interim chief executive of a
relevant body.
Subject to subsection (4), the interim chief executive, if any, of a
relevant body shall hold office for such period (which period shall not in any
case exceed three years after the establishment of the relevant body concerned)
and on such terms and conditions (including terms and conditions relating to
remuneration, fees, allowances and expenses) as may be determined by that body
with the consent of the Minister and the Minister for Finance.
Where an interim chief executive appointed under subsection (1) ceases to
hold office for any reason before the expiration of the period of his or her
appointment, the Minister may appoint a person who shall be known as the interim
chief executive who shall hold office for such period (which period shall not in
any case exceed the remainder of the term of office of the person who occasioned
the vacancy he or she is appointed to fill) and on such terms and conditions
(including terms and conditions relating to remuneration, fees, allowances and
expenses) as may be determined by the relevant body concerned with the consent
of the Minister and the Minister for Finance.
When a chief executive is appointed under section 50, the interim chief
executive of the relevant body concerned, if any, shall cease to hold office.
Until the appointment of a chief executive to the relevant body concerned
under section 50, the interim chief executive, if any, of that body shall
perform all of the functions of a chief executive under this Act.
References in this Act to a chief executive shall, unless the context
otherwise requires, include an interim chief executive.
Subject to the consent of the Minister and the Minister for Finance,
a relevant body may, from time to time, appoint such and so many persons to be
employees of that body as it thinks fit.
Subject to such conditions as it thinks fit, a relevant body may delegate
to the chief executive any of the functions of the relevant body relating to the
appointment of employees of that body and the determination of selection
procedures.
Except as otherwise provided by this Act, an employee of a relevant body
shall be employed on such terms and conditions as that body, subject to the
consent of the Minister and the Minister for Finance, may from time to time
determine.
Except as otherwise provided by this Act and subject to subsections (8)
and (9), there shall be paid by a relevant body to its employees, such
remuneration, fees, allowances and expenses as may be determined from time to
time by that body with the consent of the Minister and the Minister for Finance.
A relevant body shall determine the terms and conditions of any
superannuation scheme for its employees (including a chief executive) in
accordance with the Third Schedule and that Schedule shall apply to an amendment
to an existing scheme in the same way as it applies to a new scheme.
Subject to subsection (7), every person who, immediately before the
commencement of this Part and Chapter V of Part IV, is an employee of the
National Council for Educational Awards shall, on such commencement, become and
be an employee of the Higher Education and Training Awards Council.
Subject to subsection (11), a person who, immediately before the
commencement of this Part and Chapter V of Part IV, is an employee of the
National Council for Educational Awards may, by order of the Minister, become
and be an employee of the Authority or the Further Education and Training Awards
Council.
A person who, immediately before the commencement of this Part, was an
employee of An Foras, CERT or Teagasc may, subject to his or her agreement and
the agreement of the Minister, on such commencement or such later date as may be
agreed with the Minister, become and be an employee of a relevant body and the
rights and entitlements in respect of tenure, remuneration, fees, allowances,
expenses and superannuation enjoyed on the commencement of this Part by that
person shall not, by virtue of the operation of this Act, be any less beneficial
than those rights and entitlements enjoyed by that person immediately before
such commencement.
For the removal of doubt, the rights and entitlements in respect of
tenure, remuneration, fees, allowances, expenses and superannuation enjoyed on
the commencement of this Part and Chapter V of Part IV by persons who are
employees of a relevant body, and in the case of superannuation, former
employees of the National Council for Educational Awards, shall not, by virtue
of the operation of this Act, be any less beneficial than those rights and
entitlements enjoyed by those persons as employees, or former employees of the
National Council for Educational Awards, immediately before such commencement.
Subject to subsection (11), the Authority may, and shall when directed
by the Minister, second an employee to the Further Education and Training
Awards Council or the Higher Education and Training Awards Council, or to both,
as may be appropriate.
Before making an order under subsection (7) or issuing a direction under
subsection (10), the Minister shall, by notice in writing, inform the person
or employee and any recognised trade union or staff association concerned of his
or her intention to make such an order or issue such a direction and the notice
shall state that the person or employee concerned may make representations to
the Minister, in relation to the proposed order or direction, within such time
as may be specified in the notice and the Minister shall consider such
representations (if any).
The Minister may, following consultation with the relevant body
concerned, second an officer of the Minister to that body as an employee of that
body, subject to the consent of the officer.
Where a member of a relevant body is-
nominated as a member of Seanad EÂ ireann,
elected as a member of either House of the Oireachtas or to be a
representative in the European Parliament,
regarded pursuant to Part XIII of the Second Schedule to the European
Parliament Elections Act, 1997, as having been elected to that Parliament, or
ceases to be a member of the category of person, as provided for in
section 6, 13 or 22, as the case may be, to which he or she belonged at the time
of becoming such member,
he or she shall thereupon cease to be a member of the relevant body.
Where an employee of a relevant body is-
nominated as a member of Seanad EÂ ireann, or
elected as a member of either House of the Oireachtas or to be a
representative in the European Parliament, or
regarded pursuant to the said Part XIII, as having been elected to that
Parliament,
he or she shall thereupon stand seconded from employment by the relevant body
and shall not be paid by, or be entitled to receive from the relevant body any
remuneration, fee, allowances or expenses in respect of the period commencing on
such nomination or election, or when he or she is so regarded as having been
elected, as the case may be, and ending when such person ceases to be a member
of either House or such Parliament.
A period referred to in subsection (2) shall not, for the purposes of
any superannuation benefit, be reckoned as service with the relevant body
concerned.
A person who is for the time being entitled under the Standing Orders of
either House of the Oireachtas to sit therein or who is a representative in the
European Parliament shall, while he or she is so entitled or is such a member,
be disqualified for membership of a relevant body or for employment in any
capacity by a relevant body.
Where a member of a relevant body, an employee of a relevant body, a
member of a committee established under section 56, or a consultant, adviser or other person engaged by a relevant body, has
a pecuniary interest or other beneficial interest in, or material to, any matter
which falls to be considered by a relevant body or a committee established under
this Act, he or she shall-
disclose to the relevant body or committee, as the case may be, the
nature of his or her interest in advance of any consideration of the matter,
neither influence nor seek to influence a decision in relation to the
matter,
take no part in any consideration of the matter,
if he or she is a member of the relevant body, an employee of the
relevant body or a member of a committee established under section 56,
withdraw from the meeting for so long as the matter is being discussed or
considered and shall not vote or otherwise act as such member or employee in
relation to the matter.
For the purposes of this section, but without prejudice to the generality
of subsection (1), a person shall be regarded as having a beneficial interest if-
he or she or any member of his or her household, or any nominee of his or
her or any member of his or her household, is a member of a company or any
other body which has a beneficial interest in, or material to, a matter referred
to in that subsection,
he or she or any member of his or her household is in partnership with
or is in the employment of a person who has a beneficial interest in, or
material to, such a matter,
he or she or any member of his or her household is a party to any
arrangement or agreement (whether or not enforceable) concerning land to which
such a matter relates, or
any member of his or her household has a beneficial interest in, or
material to, such a matter.
For the purposes of this section a person shall not be regarded as having
a beneficial interest in, or material to, any matter by reason only of an
interest of his or her or of any company or of any other body or person
mentioned in subsection (2) which is so remote or insignificant that it cannot
reasonably be regarded as likely to influence a person in considering,
discussing or in voting on, any question with respect to the matter, or in
performing any function in relation to that matter.
Where a question arises as to whether or not a course of conduct, if
pursued by a person, would be a failure by him or her to comply with the
requirements of subsection (1), the question shall be determined by the relevant
body concerned or by a committee established under section 56, as the case may
be, and particulars of the determination shall be recorded in the minutes of the
meeting concerned.
Where a disclosure is made pursuant to subsection (1) to a relevant body or to a
committee established under section 56, particulars of the disclosure shall be
recorded in the minutes of the meeting concerned.
Where a person referred to in this section fails to make a disclosure
in accordance with this section, the relevant body concerned or a committee
established under section 56, as the case may be, shall decide the appropriate
action to be taken.
Save as otherwise provided by law and subsection (3), a person shall
not, without the consent of the relevant body concerned, disclose any
information obtained by him or her while performing (or as a result of having
performed) duties as-
a member of that body,
an employee of that body,
a member of a committee established under section 56, or
an adviser or consultant to that body or an employee of such person
whilst performing duties relating to such advice or consultation.
A person who contravenes subsection (1) shall be guilty of an offence and
shall be liable on summary conviction to a fine not exceeding £1,500.
Nothing in subsection (1) shall prevent disclosure of information in a
report made to a relevant body or by or on behalf of a relevant body to the
Minister.
A relevant body may establish a committee consisting either in whole
or in part of persons who are members or employees of that body-
to advise the relevant body concerned on such matters as that body may
from time to time determine, or
to exercise such functions of that body as may be delegated to the
committee from time to time, including such functions as may relate to a
particular activity of business, education or training.
The exercise by a committee of functions delegated to it under subsection
(1)(b) shall be subject to confirmation by the relevant body concerned unless
that body otherwise determines.
A relevant body may at any time dissolve a committee established by it
under this section or remove a member of a committee from such membership.
A committee established under this section may regulate, by standing
orders or otherwise, its procedures and business.
A relevant body may appoint a person to be chairperson of a committee
established under this section.
The chairperson and members of a committee (other than an ex officio
member who is an employee of a relevant body) shall be paid out of funds at the disposal of the relevant body concerned such
allowances or expenses, if any, as the Minister, with the approval of the
Minister for Finance, may determine.
A relevant body shall keep, in such form as may be approved of by
the Minister, all proper and usual accounts and records of all moneys received
or expended by it.
Accounts kept pursuant to subsection (1) shall, to the extent directed by
the Comptroller and Auditor General, be submitted annually by a relevant body
for audit to the Comptroller and Auditor General, by such date as the
Comptroller and Auditor General may from time to time determine and, immediately
after the audit, a copy of the accounts, together with a copy of the report of
the Comptroller and Auditor General on the accounts, shall be presented by the
relevant body to the Minister, and in the case of the Higher Education and
Training Awards Council and the Further Education and Training Awards Council,
copies shall also be provided by them to the Authority.
A relevant body shall cause copies of the accounts provided under this
section to the Minister, together with copies of the report of the Comptroller
and Auditor General on those accounts, to be laid before each House of the
Oireachtas.
The Authority shall, as soon as practicable after its establishment and at such other times as it thinks fit, require the chief executive
of the Authority to prepare a plan which shall set out the proposals of the
Authority for carrying out its functions during the period, such period being
not less than two years, to which the plan relates.
The Higher Education and Training Awards Council and the Further
Education and Training Awards Council shall, by such date as the Authority may
from time to time determine, require each of their chief executives to prepare a
plan which shall set out the proposals of each such Council for carrying out
its functions during the period, such period being not less than two years, to
which the plan relates.
A relevant body may, having regard to the resources available to it,
either approve of the plan prepared under subsection (1) or (2) without
modification or, after consultation with its chief executive, approve of the
plan subject to such modifications as it thinks fit.
As soon as practicable after the Higher Education and Training Awards
Council or the Further Education and Training Awards Council, as the case may
be, approves of the plan under subsection (3), the Council concerned shall
provide a copy of the plan to the Authority.
The Authority may, having regard to the resources available to it, either
approve of a plan provided to it under subsection (4) without modification or,
after consultation with the Higher Education and Training Awards Council or
the Further Education and Training Awards Council, as the case may be, approve
of the plan subject to such modifications as the Authority thinks fit.
The Authority shall provide a copy of the plan concerned to the Minister
as soon as practicable after it approves of that plan under subsection (3) or
(5).
Subject to subsection (2), the chief executive of a relevant body shall, having
regard to a plan prepared under section 58, prepare a report on the operations
and the performance of the relevant body during the period referred to in
subsection (2).
A report under subsection (1) shall be prepared-
in the case of the first such report, at the end of the period of two
years after the commencement of this Part, and
thereafter, at the end of the period of two years following the
preparation of the preceding report.
A relevant body shall publish a report under subsection (1) in such form
and manner as it thinks fit.
A relevant body shall provide the Minister with a copy of a report under
subsection (1) and, in the case of the Higher Education and Training Awards
Council and the Further Education and Training Awards Council, shall provide
the Authority with a copy.
The relevant body concerned shall cause a copy of a report under
subsection (1) to be laid before each House of the Oireachtas as soon as
practicable after it is published.
Subject to subsection (7), a relevant body shall provide the Minister or
either House of the Oireachtas with such information regarding the performance
of its functions as the Minister or either House of the Oireachtas, as the case
may be, may from time to time determine.
The Higher Education and Training Awards Council and the Further
Education and Tra
