Research and Innovation Act 2024
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Non-compliance with conditions of funding for research and innovation | ||
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43. (1) Where the Chief Executive Officer is of opinion that a recipient of funding is not complying with the conditions of funding (whether or not the Chief Executive Officer has received information under section 41 or a review has been undertaken under section 42 as respects the recipient of funding), he or she may make a determination under this subsection to do all or any of the following with regard to funding awarded to the recipient of funding: | ||
(a) amend (including by addition) the conditions of funding; | ||
(b) subject to subsection (6), suspend the disbursement of further funding to the recipient of funding unless and until the Chief Executive Officer is satisfied that the conditions of funding are being complied with by the recipient of funding; | ||
(c) subject to subsection (6), cancel the award of funding insofar as it relates to the disbursement of further funding to the recipient of funding with effect from a specified date; | ||
(d) require the recipient of funding to repay to the Agency some or all of the funding awarded and disbursed to the recipient of funding. | ||
(2) Where the Chief Executive Officer proposes to make a determination under any paragraph of subsection (1), he or she shall, by notice in writing to the recipient of funding concerned, inform that recipient of funding that he or she proposes to make the determination and shall state the reasons therefor in the notice. | ||
(3) A notice under subsection (2) shall state that the recipient of funding concerned may make representations to the Chief Executive Officer in relation to the reasons specified therein for the making of the determination not later than 14 days after the service of the notice on the recipient of funding. | ||
(4) The Chief Executive Officer shall consider the representations (if any) made to him or her in accordance with subsection (3) and if he or she decides for the reasons stated in the notice under subsection (2) or otherwise to make the determination concerned with regard to the funding awarded to the recipient of funding concerned, he or she may proceed to make that determination. | ||
(5) If the determination of the Chief Executive Officer is an amendment (including by addition) of the conditions of funding under subsection (1)(a), the award of funding as so amended shall become effective from the date specified for that purpose by the Chief Executive Officer by notice in writing to the recipient of funding concerned. | ||
(6) The date specified for the suspension of the disbursement of funding under subsection (1)(b), or the cancellation of an award of funding under subsection (1)(c), shall have regard to any right for notice of the termination of funding to be given, or a payment to be made, to any person who is employed or otherwise engaged in undertaking the research and innovation to which the award of funding relates. | ||
(7) The Chief Executive Officer shall, by notice in writing, inform the recipient of funding concerned of a determination under paragraph (b) or (c), as may be appropriate, of subsection (1) and the notice shall specify the date from which the disbursement of further funding shall be suspended or cancelled, as the case may be. | ||
(8) The Chief Executive Officer shall, by notice in writing, inform the recipient of funding concerned of a determination under subsection (1)(d) and the notice shall specify the amount of funding to be repaid (which shall not exceed the amount disbursed pursuant to the award of funding concerned) and the date by which such repayment shall be made (which date shall not be a date earlier than the end of the prescribed period within which an appeal may be brought under subsection (11)). | ||
(9) Where a determination is made by the Chief Executive Officer under subsection (1)(d), the recipient of funding concerned is liable to repay to the Agency on demand the sum so determined. | ||
(10) All sums due to the Agency under subsection (9) shall be recoverable as debts due to the Agency and, without prejudice to any other remedy, may be recovered by the Agency as a debt under statute or a simple contract debt in any court of competent jurisdiction. | ||
(11) Where a determination is made by the Chief Executive Officer under subsection (1)(d), the recipient of funding concerned may appeal against that determination within the prescribed period after the service of the notice on that recipient of funding under subsection (8). | ||
(12) The bringing of an appeal under subsection (11) by a recipient of funding against a determination of the Chief Executive Officer under subsection (1)(d) shall not have the effect of staying the operation of the determination until the appeal is determined or discontinued. | ||
(13) If a recipient of funding in respect of which a determination under paragraph (a), (b), (c) or (d) of subsection (1) is made by the Chief Executive Officer is— | ||
(a) a designated institution of higher education, or | ||
(b) a higher education provider or other body which is a funded body within the meaning of the Act of 2022, | ||
the Chief Executive Officer shall inform An tÚdarás of his or her determination relating to that institution, provider or body, as the case may be, as respects the award of funding for research and innovation concerned and shall provide particulars thereof to An tÚdarás. | ||
(14) In a case to which subsection (13) applies, the Chief Executive Officer shall inform An tÚdarás if the recipient of funding concerned appeals against the determination of the Chief Executive Officer under subsection (1)(d) and shall provide particulars of that appeal and its determination or discontinuance, as the case may be, to An tÚdarás. |