Technological Universities Act 2018

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Conditions for compliance with all eligibility criteria

35. (1) The Minister may specify conditions (including in relation to the period of time within which those conditions shall be met) with which the applicant institutes are required to jointly comply with in order to meet the eligibility criteria.

(2) Conditions specified under subsection (1) shall include—

(a) any conditions specified in the report under section 32 (2)(b), and

(b) such further conditionsas the Minister, having regard to the eligibility criteria, considers necessary.

(3) A decision under section 34 (4)(b) shall be final where the applicant institutes do not jointly comply with the conditions imposed under subsection (1) within the period specified in the conditions.

(4) (a) Where the applicant institutes are of the view, before the expiration of the period specified in the conditions specified under subsection (1), that they have jointly complied with the conditions concerned, they shall jointly so notify the Minister in writing, giving their reasons for forming the view.

(b) Within 60 days of receipt of a notice under paragraph (a), the Minister shall consider the information furnished by the applicant institutes and, having consulted with An tÚdarás, the Qualifications and Quality Assurance Authority of Ireland, or any other person or body as the Minister considers appropriate, the Minister shall, by notice in writing, inform the applicant institutes of his or her proposed decision as to whether the applicant institutes jointly comply with the conditions and shall in the notice provide reasons for the proposed decision.

(c) A notice under paragraph (b) shall state that the applicant institutes may jointly make representations to the Minister in relation to the proposed decision not later than 30 days after the giving of the notice to the applicant institutes.

(d) The Minister shall consider any representations made under paragraph (c) before deciding to—

(i) grant the application and make an order under section 36 , or

(ii) refuse the application.

(e) The Minister shall give notice in writing to the applicant institutes of a decision under paragraph (d) as soon as practicable after it is made which shall, in relation to a decision under paragraph (d)(ii)—

(i) include reasons for the decision,

(ii) inform the applicant institutes that—

(I) they jointly may, under Part 3, appeal the decision within 30 days of the date of the notice, and

(II) the notice of appeal shall specify the grounds for the appeal,

and

(iii) inform the applicant institutes that the decision shall be suspended until, as the case may be—

(I) the decision becomes final under subsection (5), or

(II) the disposal of an appeal under Part 3.

(5) If, on the expiration of the period of 30 days beginning on the date of the notice under subsection (4), no appeal under Part 3 is made, the Minister’s decision under subsection (4)(d)(ii) is final.

(6) If, following an appeal of a decision under subsection (4)(d)(ii), the appeals board orders the Minister under section 46 (5)(b) to reconsider the decision, that decision is suspended until it has been reconsidered by the Minister.