Qualifications (Education and Training) Act, 1999
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Review and withdrawal of delegated authority. |
30.—(1) 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— | |
(a) 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 | ||
(b) those programmes. | ||
(2) Where the Council, having carried out a review under subsection (1), is of the opinion— | ||
(a) (i) 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 | ||
(ii) that those programmes, | ||
do not meet the criteria determined by the Council under section 29 (5), or | ||
(b) that the conditions specified by the Council under section 29 (5) are not being complied with, or | ||
(c) 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. | ||
(3) 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— | ||
(a) (i) 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 | ||
(ii) that those programmes, | ||
meet the criteria determined by the Council under section 29 (5), or | ||
(b) that the conditions specified by the Council under section 29 (5) are being complied with, or | ||
(c) that the grounds referred to in subsection (2)(c) for withdrawing the authority to make awards no longer exist. | ||
(4) 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 . |