Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019

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PART 2

Amendment of Principal Act

Amendment of section 2 of Principal Act (Interpretation)

3. (1) Section 2(1) of the Principal Act is amended:

(a) by the insertion of the following definition after the definition of “Appeals Board”:

“‘associated provider’ has the meaning assigned to it by section 55F(1);”;

(b) by the insertion of the following definition after the definition of “award”:

“‘award that is included within the Framework’ shall be construed in accordance with section 55B;”;

(c) in the definition of “designated awarding body”, by the insertion of “an Institute of Technology,” after “a technological university,” (inserted by the Technological Universities Act 2018 );

(d) by the insertion of the following definition after the definition of “dissolved body”:

“‘English language education and training’ means a programme of education and training in English as a foreign language and ‘English language programme’ shall be construed accordingly;”;

(e) by the insertion of the following definition after the definition of “linked provider”:

“‘listed awarding body’ has the meaning assigned to it by section 55A(1)(a);”;

(f) in the definition of “relevant provider”—

(i) in paragraph (g), by the substitution of “section 53,” for “section 53, or”,

(ii) in paragraph (h), by the substitution, in subparagraph (ii), of “provider,” for “provider;”, and

(iii) by the insertion of the following paragraphs after paragraph (h) —

“(i) an Institute of Technology,

(j) an education and training board, or

(k) a listed awarding body providing one or more programmes leading to its own awards that are awards included within the Framework;”;

and

(g) by the insertion of the following definition after the definition of “relevant provider”:

“ ‘Solas’ means An tSeirbhís Oideachais Leanúnaigh agus Scileanna;”.

(2) Section 2 of the Principal Act is amended by the substitution of the following subsection for subsection (2):

“(2) For the purposes of this Act, a programme of education and training is validated where the Authority confirms under section 45 that the provider of the programme has satisfied the Authority that, in respect of the period for which, by virtue of subsection (1A) or (1B) of section 45, the validation is to have effect:

(a) an enrolled learner of that provider who completes that programme will acquire, and where appropriate, be able to demonstrate, the necessary knowledge, skill or competence to justify an award of the Authority being offered in respect of that programme;

(b) the quality assurance procedures established under section 28 by that provider are consistent with the guidelines issued by the Authority under section 27(1) and suitable for quality assuring that programme; and

(c) the provider has the capacity and capability to provide that programme;

and section 45 shall be construed and operate so as to require the Authority to be so satisfied as to those matters.”.

(3) Section 2(3) of the Principal Act is amended by the substitution of “provider that has a place of business in the State and is not” for “provider that is not”.