Technological Universities Act 2018
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SCHEDULE 2 President of Technological University | ||
1. The president of a technological university shall carry on and manage, and control generally, the academic, administrative, and financial activities of the technological university, and matters relating to its staff and perform such other functions (if any) as may be determined by, the technological university, and for those purposes shall have such powers as are necessary or expedient. | ||
2. The president shall perform his or her functions subject to such policies as may be determined from time to time by the technological university and shall be accountable to the technological university for the efficient and effective management of the technological university and for the due performance of his or her functions. | ||
3. The president may make proposals to the technological university on any matter relating to its functions. | ||
4. The president shall provide the technological university with any information (including financial information) in relation to the performance of his or her functions as the technological university may request. | ||
5. The technological university may designate a member of the staff of the technological university to perform the functions of the president in the absence of the president or where the position of president is vacant, and a member so designated shall in such absence or upon such position being vacant, perform those functions. | ||
6. (1) A president, with the consent of the technological university, may delegate in writing any of his or her functions to a specified member of staff of that technological university, and that member of staff shall be accountable to the president for the performance of the functions so delegated. | ||
(2) The president shall be accountable to the technological university for the performance of functions delegated by him or her in accordance with subparagraph (1). | ||
(3) The president, with the consent of the technological university in writing, may revoke a delegation made in accordance with this paragraph. | ||
(4) In this paragraph “functions” does not include a function delegated by the technological university to the president subject to a condition that the function shall not be delegated by the president to anyone else. | ||
7. A president shall not hold any other office or position without the consent of the technological university. | ||
8. Unless he or she resigns, retires or is removed from office, a president shall hold office for such period as the governing body, with the consent of the Minister, determines but the period shall not exceed 10 years from the date of the president’s appointment. | ||
9. (1) The president shall, whenever required in writing to do so by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General (in this paragraph referred to as the “Committee”), give evidence to that Committee in relation to— | ||
(a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General that the technological university is required by this Act to prepare, | ||
(b) the economy and efficiency of the technological university in the use of its resources, | ||
(c) the systems, procedures and practices employed by the technological university for the purpose of evaluating the effectiveness of its operations, and | ||
(d) any matter affecting the technological university concerned referred to in a special report of the Comptroller and Auditor General under section 11 (2) of the Comptroller and Auditor General (Amendment) Act 1993 , or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in clause (a), (b) or (c)) that is laid before Dáil Éireann. | ||
(2) In the performance of his or her duties under this paragraph, the president shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy. | ||
10. (1) In this paragraph “ Committee ” means a Committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, the Committee on Members’ Interests of Dáil Éireann or the Committee on Members’ Interests of Seanad Éireann) or a subcommittee of such a Committee. | ||
(2) Subject to subparagraph (3), the president shall, at the request in writing of a Committee, attend before it to give account for the general administration of the technological university. | ||
(3) The president shall not be required to give account before a Committee for any matter that is or has been or may be the subject of proceedings before a court or Tribunal in the State. | ||
(4) Where the president is of the opinion that a matter in respect of which he or she is requested to give account before a Committee is a matter to which subparagraph (3) applies, he or she shall inform the Committee of that opinion and the reasons for the opinion and unless the president does so at a time when he or she is before the Committee, he or she shall do so in writing. | ||
(5) Where the president has informed a Committee of his or her opinion in accordance with subparagraph (4) and the Committee does not withdraw the request referred to in subparagraph (2) in so far as it relates to a matter the subject of that opinion— | ||
(a) the president may, not later than 21 days after being informed by the Committee of its decision not to do so, apply to the High Court in a summary manner for determination of the question of whether the matter is one to which subparagraph (3) applies, or | ||
(b) the chairperson of the Committee may, on behalf of the Committee, make such an application, and the High Court shall determine the matter. | ||
(6) Pending the determination of an application under subparagraph (5), the president shall not attend before the Committee to give account for the matter the subject of the application. | ||
(7) If the High Court determines that the matter concerned is one to which subparagraph (3) applies, the Committee shall withdraw the request referred to in subparagraph (2), but if the High Court determines that subparagraph (3) does not apply, the president shall attend before the Committee to give account for the matter. | ||
(8) In the performance of his or her duties under this paragraph, the president shall not question or express an opinion on— | ||
(a) the merits of any policy of the Government or a Minister of the Government, or | ||
(b) the merits of the objectives of such a policy. |