Qualifications (Education and Training) Act, 1999

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Interpretation.

2.—(1) In this Act, unless the context otherwise requires—

“access” means the process by which learners may commence a programme of education and training having received recognition for knowledge, skill or competence acquired;

“Act of 1992” means the Regional Technical Colleges Act, 1992 ;

“Act of 1997” means the Universities Act, 1997 ;

“award” means an award which is conferred, granted or given by an awarding body and which records that a learner has acquired a standard of knowledge, skill or competence, and references in this Act to “award” shall include references to a “further education and training award” or to a “higher education and training award”;

“awarding body” means a body which makes awards;

“CERT” means the company entitled “CERT, the State Tourism Training Agency”, incorporated on the 7th day of November, 1963;

“charter” means a charter of a recognised institution referred to in section 31 ;

“chief executive” means the chief executive of the National Qualifications Authority of Ireland, the Higher Education and Training Awards Council or the Further Education and Training Awards Council, as the case may be, appointed under section 50 , and includes a person acting in that office or performing the duties of a chief executive where he or she has been duly authorised to do so;

“completion rate” means the number of learners who complete a programme of education and training expressed as a percentage of the number of learners who commenced the programme concerned;

“employee”, in relation to the National Qualifications Authority of Ireland, the Higher Education and Training Awards Council or the Further Education and Training Awards Council, as the case may be, means a person employed by any of them in any capacity, and includes an officer of any of them;

“An Foras” means An Foras Áiseanna Saothair;

“framework of qualifications” has the meaning assigned to it by section 7 ;

“functions” includes powers and duties and a reference to the performance of functions includes, with respect to powers and duties, a reference to the exercise of the powers and the carrying out of the duties;

“further education and training” means education and training other than primary or post-primary education or higher education and training, which is determined by the National Qualifications Authority of Ireland under section 10 to be further education and training;

“Further Education and Training Awards Council” means the body established under section 12 ;

“higher education and training” means education and training, other than primary or post-primary education or further education and training, which is determined by the National Qualifications Authority of Ireland under section 10 to be higher education and training;

“Higher Education and Training Awards Council” means the body established under section 21 ;

“interim chief executive” means a person appointed by the Minister to be the interim chief executive of a relevant body under section 51 ;

“learner” means a person who is acquiring or who has acquired knowledge, skill or competence;

“Minister” means the Minister for Education and Science;

“National Council for Vocational Awards” means the ad hoc body of that name established by the Minister;

“National Qualifications Authority of Ireland” means the body established under section 5 ;

“National Tourism Certification Board” means the body established by CERT and the Minister for the purposes of making awards in respect of programmes of education and training relating to tourism;

“officer”, in relation to the National Qualifications Authority of Ireland, the Higher Education and Training Awards Council or the Further Education and Training Awards Council, as the case may be, includes—

(a) the chief executive,

(b) a person who immediately before the commencement of Chapter V of Part IV is an officer of the National Council for Educational Awards, and

(c) such other employees as the National Qualifications Authority of Ireland, the Higher Education and Training Awards Council or the Further Education and Training Awards Council, as the case may be, may from time to time determine;

“programme of education and training” means any process by which learners may acquire knowledge, skill or competence and includes courses of study or instruction, apprenticeships, training and employment and references to “programme” shall be construed accordingly;

“progression” means the process by which learners may transfer from one programme of education and training to another programme where each programme is of a higher level than the preceding programme;

“provider of a programme of education and training” means a person who, or body which, provides, organises or procures a programme of education and training and references to “provider” shall be construed accordingly;

“recognised institutions” means the institutions specified in section 24 ;

“special educational and training needs” means the educational and training needs of learners who have a disability;

“Teagasc” means Teagasc — The Agriculture and Food Development Authority;

“transfer” means the process by which learners may transfer from one programme of education and training to another programme having received recognition for knowledge, skill or competence acquired;

“An tÚdarás” means An tÚdarás um Ard-Oideachas;

“university” means a university specified in paragraphs (a) to (d) of section 4 (1) of the Universities Act, 1997 ;

“validation” means the process by which an awarding body shall satisfy itself that a learner may attain knowledge, skill or competence for the purpose of an award made by the awarding body and cognate words shall be construed accordingly;

“vocational education committee” means a committee established under section 7 of the Vocational Education Act, 1930 .

(2) In this Act—

(a) a reference to a section, Chapter or Part is a reference to a section, Chapter or Part of this Act, unless it is indicated that a reference to some other enactment is intended,

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

(c) a reference to a Schedule is a reference to a Schedule to this Act, and

(d) a reference to any other enactment shall, except where the context otherwise requires, be construed as a reference to that enactment as amended by or under any other enactment, including this Act.