Qualifications and Quality Assurance (Education and Training) Act 2012
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Arrangements by providers for protection of enrolled learners. |
65.— (1) Before— | |
(a) making an application under section 44 for validation of a programme of education and training, | ||
(b) submitting a request under section 52 for delegation of authority to make an award in respect of a programme of education and training, or | ||
(c) notifying the Authority of a proposal under section 53 (7) in respect of a programme of education and training, | ||
a provider shall put arrangements in place, in accordance with subsection (4), for the protection of enrolled learners who have paid moneys to, or on whose behalf moneys have been paid to, the provider for a programme of education and training where— | ||
(i) the provider does not provide the programme for any reason including by reason of insolvency or winding up of that provider, or | ||
(ii) enrolled learners have begun but not completed the programme and the provider ceases to provide the programme before that programme is completed for any reason, including by reason of the insolvency or winding up of that provider. | ||
(2) A provider shall submit details of the arrangements the provider has in place in accordance with subsection (4) to the Authority in writing when making an application, submitting a request or notifying the Authority of a proposal referred to in paragraph (a), (b), and (c) of subsection (1). | ||
(3) Without prejudice to the generality of subsection (1), a provider shall be taken to cease to provide a programme of education and training where the Authority withdraws validation of the programme under sections 36 (7), 47 , or 59 (7). | ||
(4) The arrangements referred to in subsection (1) are— | ||
(a) an agreement between the provider of the programme and at least 2 other providers that an enrolled learner may transfer to a similar programme of those other providers, or | ||
(b) where the provider considers, with the agreement of the Authority, that it is not practicable to comply with paragraph (a), that provider has arrangements in place which enable that provider to refund to an enrolled learner, or to the person who paid the moneys on behalf of the enrolled learner, the moneys most recently paid in respect of the programme concerned for— | ||
(i) tuition fees, | ||
(ii) registration fees, | ||
(iii) examination fees, | ||
(iv) library fees, | ||
(v) student services fees, and | ||
(vi) any other fees which relate to the provision of education, training and related services. | ||
(5) Subsection (1) shall not apply where the provider of a programme of education and training is— | ||
(a) a previously established university, | ||
(b) an educational institution established as a university under section 9 of the Act of 1997, | ||
(c) the Dublin Institute of Technology, | ||
(d) an Institute of Technology, | ||
(e) An Foras, | ||
(f) the National Tourism Development Authority, | ||
(g) Teagasc, | ||
(h) An Bord Iascaigh Mhara, | ||
(i) an educational or training institution established and maintained by a vocational education committee, | ||
(j) a recognised school. | ||
(6) Subsection (1) shall not apply in respect of a programme of education and training where no moneys are paid by, or on behalf of, an enrolled learner in respect of the programme, to the provider of that programme. | ||
(7) A provider shall notify the Authority in writing of any change in the arrangements the provider has in place in accordance with subsection (4) as soon as possible after becoming aware of that change. |