Technological Universities Act 2018

• Permanent Page URL

Decision on application under section 29

34. (1) Within 60 days of receiving and having considered the report, views and information under section 33 , having considered the application and information under section 29 and having had regard to the matters referred to in subsection (2), the Minister shall, by notice in writing, inform the applicant institutes of his or her proposed decision and shall in the notice provide reasons for the proposed decision.

(2) When considering the report, views and information under section 33 and the application and information under section 29 in accordance with subsection (1), the Minister shall have regard to the following matters:

(a) if the needs of students, business, enterprise, the professions, the community, local interests and other stakeholders in the region in which the campuses of the applicant institutes are located would be more efficiently and effectively served by the proposed technological university;

(b) if the projected demand, based on demographic trends, for higher education in the region in which the campuses of the applicant institutes are located would justify the making of the order under section 36 ;

(c) if sufficient financial resources are available to the applicant institutes to meet projected costs arising on the making of the order under section 36 ;

(d) if the proposed technological university would be financially viable if the order under section 36 were made;

(e) if making the order under section 36 would comply with such policies of the Government as relate to higher education.

(3) A notice under subsection (1) shall state that the applicant institutes may make representations to the Minister in relation to the proposed decision not later than 30 days after the giving of the notice.

(4) The Minister, within 60 days after the giving of notice under subsection (1), shall consider any representations made under subsection (3) before deciding to—

(a) grant the application and make an order under section 36 ,

(b) postpone, subject to compliance with conditions under section 35 , the granting of the application and the making of the order under section 36 , or

(c) refuse the application.

(5) The Minister shall give notice in writing to the applicant institutes concerned of a decision under subsection (4) as soon as practicable after it is made which shall, in relation to a decision under subsection (4)(b) or (c)—

(a) include reasons for the decision,

(b) inform the applicant institutes that—

(i) they jointly may, under Part 3, appeal the decision, including any conditions specified under section 35 , within 30 days of the date of the notice, and

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

and

(c) inform the applicant institutes that the decision shall be suspended until, as the case may be—

(i) the decision becomes final under subsection (6), or

(ii) the disposal of an appeal under Part 3.

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

(7) If, following an appeal of a decision under subsection (4)(b) or (c), the appeals board orders the Minister under section 46 (5)(b) to reconsider the decision, that decision is suspended until it has been reconsidered by the Minister.