S.I. No. 371/2024 - Student Part - Time Fee Regulations for Specified Undergraduate Courses 2024

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 26th July, 2024.

I, PATRICK O’DONOVAN, Minister for Further and Higher Education, Research, Innovation and Science, in exercise of the powers conferred on me by sections 4, 7, 8, 14 and 14A of the Student Support Act 2011 (No. 4 of 2011) (as adapted by the Further and Higher Education, Research, Innovation and Science (Transfer of Departmental Administration and Ministerial Functions) Order 2020 ( S.I. No. 451 of 2020 ), and the Public Expenditure and Reform (Alteration of Name of Department and Title of Minister) Order 2023 ( S.I. No. 19 of 2023 )), with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, hereby make the following Regulations:-

Citation and commencement

1. (1) These Regulations may be cited as the Student Part-Time Fee Regulations for Specified Undergraduate Courses 2024.

(2) These Regulations shall come into operation on 24^th July 2024.

Interpretation

2. (1) In these Regulations—

“Act” means the Student Support Act 2011 (No. 4 of 2011);

“national framework of qualifications” means the framework of qualifications established and maintained pursuant to section 7 of the Qualifications (Education and Training) Act 1999 (No. 26 of 1999);

‘relevant specified jurisdiction’ means the United Kingdom as respects the class of person standing prescribed by virtue of paragraph (3) of Regulation 5;

“undergraduate course” means a course leading to a major higher education and training award at Level 6 (Higher Certificate), Level 7 (Ordinary Bachelor Degree), Level 8 (Honours Bachelor Degree) on the national framework of qualifications, or equivalent awards, other than a course known for the time being as a post-leaving certificate course.

(2) A word or expression which is used in these Regulations and which is also used in the Act has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Act.

(3) (a) A reference in these Regulations to a Regulation is to a Regulation of these Regulations, unless it is indicated that reference to some other Regulations is intended.

(b) A reference in these Regulations to a paragraph or subparagraph is to the paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

(c) A reference in these Regulations to a Schedule is to a Schedule to these Regulations, unless it is indicated that reference to some other Regulations is intended.

Approved institutions

3. The institutions listed in Schedule 1 are “approved institutions” under section 7(1)(a) to (c) of the Act.

Approved courses

4. The courses listed in Schedule 2 are prescribed as “approved courses” for the purposes of section 8(3)(a) of the Act.

Prescribed students

5. (1) The following family members are prescribed for the purposes of section 14(1)(d) of the Act—

(a) a person who is a family member of a person referred to in section 14(1)(a) of the Act and has permission to remain in the State as a family member of such person under the provisions of the European Communities (Free Movement of Persons Regulations) 2006 and 2008 and Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004; and

(b) a person who has permission to remain in the State—

(i) by virtue of marriage to, or a civil partnership with, an Irish national residing in the State, or

(ii) as a dependent child of a person coming within clause (i) or

(iii) as a dependent child of a person who has acquired Irish Citizenship by naturalization, residing in the State.

(2) The following classes of persons are prescribed for the purposes of section 14(1)(e)(ii) of the Act—

(a) a person in respect of whom the Minister for Justice has granted humanitarian leave to remain in the State under any enactment for the time being in force;

(b) a person granted permission to reside in the State under Section 49 of the International Protection Act 2015 (No. 66 of 2015);

(c) a person in respect of whom the Minister for Justice has granted permission to remain following a determination not to make a deportation order under section 3 of the Immigration Act 1999 (No. 22 of 1999); and

(d) a person, pursuant to the European Union (Subsidiary Protection) Regulations 2013 ( S.I. No. 426 of 2013 )-

(i) who is a person eligible for subsidiary protection and in relation to whom a subsidiary protection declaration is in force and to whom a permission to reside within the State has been granted pursuant to those Regulations; or

(ii) to whom the Minister for Justice has granted permission to enter and reside in the State pursuant to Regulation 25 of those Regulations; or

(iii) to whom the Minister for Justice has granted permission to reside in the State pursuant to Regulation 26 of those Regulations.

(e) a child of a Turkish national in respect of whom the Minister for Justice has granted a permission to reside and who, in accordance with Article 9 of Decision 1/80 of the Association Council made pursuant to the Ankara Agreement 1963, is residing with their parents, who are or have been legally employed within the State and can satisfy the conditions relating to employment laid down in Articles 6 and 7 of Decision 1/80.

(f) a person to whom the Minister for Justice has granted a residence permission in accordance with the International Protection Regularisation Scheme, which permission is still valid.

(3) The following class of person is prescribed for the purposes of paragraph (aa) of section 14(1) of the Act, namely a person who is a national of the United Kingdom.

Regulation 3.

SCHEDULE 1

Approved institutions

PART A

Atlantic Technological University

Dublin City University

Maynooth University- Ireland

Munster Technological University

National University of Ireland, Dublin

National University of Ireland - University College Cork

University of Galway

Trinity College Dublin

Technological University Dublin

Technological University of the Shannon: Midlands and Midwest

South East Technological University

University of Limerick

PART B

Dundalk Institute of Technology

Dun Laoghaire Institute of Art, Design and Technology

Regulation 4.

SCHEDULE 2

Approved courses

The Minister for Public Expenditure, National Development Plan Delivery and Reform consents to the making of the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Public Expenditure, National Development Plan Delivery and Reform,

24 July, 2024.

PASCHAL DONOHOE,

Minister for Public Expenditure, National Development Plan Delivery and Reform.

GIVEN under my Official Seal,

24 July, 2024.

PATRICK O’DONOVAN,

Minister for Further and Higher Education, Research, Innovation and Science.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations are made pursuant to powers conferred on the Minister for Further and Higher Education, Research, Innovation and Science under the Student Support Act 2011 and the Further and Higher Education, Research, Innovation and Science (Transfer of Departmental Administration and Ministerial Functions) Order 2020 ( S.I. No. 451 of 2020 ). They prescribe “approved institutions”, “approved courses” and “classes of persons” for the purposes of that Act.

These Regulations may be cited as the Student Part-Time Fee Regulations for Specified Undergraduate Courses 2024.