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Governance of institutes of technology.
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22.— The RTC Act is amended by inserting the following sections after section 21:
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“Reserved functions.
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21A.— (1) Each college shall perform by resolution of its governing body such of the functions as are declared by this Act to be reserved functions and ‘reserved function’ shall in this Act be construed and have effect accordingly.
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(2) The functions under sections 5(1)(a) to (j), 7, 9, 10, 21C, 21D and 21E are declared to be reserved functions.
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(3) Any dispute as to whether or not a particular function is a reserved function shall be determined by the Minister.
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(4) A Director shall assist the governing body in the performance of its reserved functions, in such manner as the governing body may require.
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(5) A governing body shall not perform by resolution of its members, or give a direction in relation to the performance of, a function that is not a reserved function.
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Executive functions.
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21B.— (1) Every function that is not a reserved function shall be an executive function, and ‘executive function’ shall, in this Act, be construed and have effect accordingly.
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(2) Executive functions shall be performed by the Director.
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(3) A Director shall provide such information to the governing body regarding the performance of his or her functions as the governing body may from time to time require.
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(4) A Director shall provide such information to the Minister or An tÚdarás regarding the performance of his or her functions as the Minister or An tÚdarás, as the case may be, may from time to time require.
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Strategic development plan.
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21C.— (1) A governing body shall, as soon as practicable but not later than 12 months after the commencement of this section and at such other times as it thinks fit, require the Director to prepare a plan (in this Act referred to as a ‘strategic development plan’) that shall set out the aims of the governing body for the operation and development of the college and its strategy for achieving those aims, and for carrying out the functions under this Act, during the period, being not less than three years, to which the plan relates.
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(2) A governing body may either approve the strategic development plan prepared without modification or, after consultation with the Director, approve the plan with such modifications as it thinks fit; in exercising its powers under this subsection the governing body shall have regard to the resources available to the college.
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(3) As soon as practicable after it approves the strategic development plan under subsection (2), the governing body shall provide a copy of the plan to An tÚdarás and to the Minister.
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Equality policy.
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21D.— (1) A governing body shall, as soon as practicable but not later than 12 months after the commencement of this section and at such other times as it thinks fit, require the Director to prepare a statement of the policies of the college in respect of—
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(a) access to education in the college by economically or socially disadvantaged persons, by persons who have a disability and by persons from sections of society significantly under-represented in the student body, and
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(b) equality, including gender equality, in all activities of the college,
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and the Director, in preparing the statement, shall have regard to such policies on those matters as may from time to time be determined by the Minister.
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(2) A governing body may either approve the statement prepared under subsection (1) without modification or, after consultation with the Director, approve the statement with such modifications as it thinks fit; in exercising its powers under this subsection the governing body shall have regard to the resources available to the college.
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(3) A college shall implement the policies set out in the statement as approved under subsection (2).
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Dispute resolution.
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21E.— (1) A governing body shall establish procedures for the resolution of disputes that arise in the college.
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(2) Subsection (1) shall not apply to industrial relations disputes, which shall be dealt with through normal industrial relations structures operating in the college.
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(3) Procedures established under subsection (1) shall—
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(a) be embodied in writing,
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(b) be established following consultation with recognised staff associations and trade unions representing the staff of the college and with the students union or other student representative body, and
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(c) provide for consideration of issues in dispute by an independent person or persons, as appropriate.
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Reviews.
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21F.— An tÚdarás may review—
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(a) the strategic development plan prepared in accordance with section 21C, and
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(b) the policies set out in the statement prepared under section 21D and their implementation by the college,
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and may, following consultation with the college, publish a report, in such form and manner as it thinks fit, on the outcome of any such review.”.
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