Qualifications (Education and Training) Act, 1999
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Chapter II Delegation of Authority | ||
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Delegation of authority to make awards. |
19.—(1) Subject to subsection (2), An Foras, CERT or Teagasc (in this Chapter referred to as a “relevant provider”), as the case may be, may request the Council to delegate to it the authority to make further education and training awards. | |
(2) Where a programme of further education and training is organised or procured, in whole or in part, by a relevant provider and is provided, in whole or in part, by any other provider, the relevant provider shall consult with such other provider before making a request under subsection (1) for delegation of authority to make awards in respect of that programme. | ||
(3) Upon receipt of a request under subsection (1), the Council shall determine and publish, in such form and manner as it thinks fit, criteria for the purposes of this section and shall, in accordance with subsection (4), review— | ||
(a) the operation and management of the relevant provider concerned in relation to programmes of further education and training provided, organised or procured by that provider, and | ||
(b) those programmes. | ||
(4) In carrying out a review under subsection (3), the Council shall implement procedures agreed from time to time with the Authority which procedures shall include— | ||
(a) evaluation by the relevant provider of— | ||
(i) the operation and management of the relevant provider concerned in relation to programmes of further education and training provided, organised or procured by that provider, and | ||
(ii) those programmes, | ||
(b) where the Council, with the agreement of the Authority, is satisfied with the result of the evaluation referred to in paragraph (a), subsequent evaluation by such persons who have a particular knowledge and experience related to further education and training, as the Council considers appropriate, including persons with relevant international experience, and | ||
(c) publication, in such form and manner as the Council thinks fit, of a report on the findings of those evaluations. | ||
(5) Where the Council is satisfied, with the agreement of the Authority, following a review under subsection (3), that— | ||
(a) the operation and management of a relevant provider in relation to programmes of further education and training provided, organised or procured by that provider, and | ||
(b) those programmes, | ||
meet the criteria determined by the Council for the purposes of this section with the agreement of the Authority, then the Council may delegate to that provider the authority to make such further education and training awards, subject to such conditions as it thinks fit, as the Council specifies by notice in writing to the relevant provider concerned and the Authority. | ||
(6) The conditions referred to in subsection (5) shall include, but not necessarily be limited to, conditions requiring the relevant provider to— | ||
(a) co-operate with and assist the Council, and the Authority where appropriate, in the performance of their functions, | ||
(b) establish the procedures referred to in section 14 (1)(e), | ||
(c) implement the procedures referred to in section 14 (2)(d), and | ||
(d) provide such information as the Council requires for the purposes of the performance of the functions of the Council, including information in respect of completion rates. | ||
(7) The Council shall, for the purpose of determining the conditions referred to in subsection (5), have regard, in particular, to programmes, if any, referred to in subsection (2). |