Qualifications (Education and Training) Act, 1999
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PART VII Protection For Learners | ||
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Arrangements for protection of learners. |
43.—(1) The Higher Education and Training Awards Council and the Further Education and Training Awards Council shall not— | |
(a) validate a programme of education and training pursuant to section 15 or 25 , as the case may be, or | ||
(b) make or recognise any award in respect of a programme of education and training, | ||
being in either case a programme of a duration of three months or more, which is provided by a provider which intends to operate programmes of education and training on a commercial and profit-making basis, unless the Higher Education and Training Awards Council or the Further Education and Training Awards Council, as the case may be, is satisfied that the provider concerned has arrangements in place which make provision for learners where that provider ceases to provide the programme concerned. | ||
(2) In this Part “arrangements in place” means— | ||
(a) that the provider of the programme concerned has arrangements in place with at least two other providers which provide that a learner may transfer to similar programmes provided by those other providers, or | ||
(b) in the case of a provider who considers, subject to the agreement of the Higher Education and Training Awards Council or the Further Education and Training Awards Council, as the case may be, that it is not practicable to have arrangements in place as specified in paragraph (a), such provider has arrangements in place which enable that provider to refund to a learner, or to the person who paid the moneys concerned on behalf of the learner, the moneys most recently paid to the provider in respect of that programme. | ||
(3) (a) The Higher Education and Training Awards Council and the Further Education and Training Awards Council shall each maintain a register of programmes of education and training in respect of which there are arrangements in place in accordance with subsection (1). | ||
(b) A register referred to in paragraph (a) shall be kept in such form and manner as the Authority may from time to time direct and the Authority shall publish, in such form and manner as the Authority considers appropriate, details of the register concerned. | ||
(4) The requirement to provide information in accordance with section 15 (5)(d) or 25 (5)(d), as the case may be, may include information in respect of arrangements which a provider is required to have in place in accordance with this section. | ||
(5) References in this Part to a provider ceasing to provide a programme of education and training include ceasing to provide the programme concerned for whatever reason, including— | ||
(a) the insolvency of the provider, or | ||
(b) withdrawal of validation of the programme concerned by the Higher Education and Training Awards Council or the Further Education and Training Awards Council, as the case may be, | ||
before completion of that programme. |