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Chapter IV
Amendment of Act of 1992
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Amendment of Act of 1992.
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32.—The Act of 1992 is hereby amended—
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(a) in section 3, by the substitution for subsection (2) of the following subsection:
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“(2) 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.”,
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(b) by the insertion after section 3 of the following section:
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“Appointment of committee to advise An tÚdarás.M
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3A. (1) Before making an order under section 3(2) (as amended by the 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 tÚdarás in that regard.
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(2) The membership of a committee appointed under subsection (1) shall be recommended by An tÚdarás 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.
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(3) A committee appointed under subsection (1), in considering whether an educational institution shall be established as a college under section 3(2), shall—
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(a) examine the provision of higher education and training in the region to be served by the institution concerned and in the State generally,
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(b) 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
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(c) 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.
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(4) Subject to subsection (5), on the advice of a committee appointed under subsection (1) and the recommendation of An tÚdarás, 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).
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(5) 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.”,
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and
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(c) in section 5, by the substitution for paragraph (b) of subsection (1) of the following paragraphs—
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“(b) (i) 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
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(ii) 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;
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(bb) (i) 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
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(ii) 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;”.
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