Higher Education Authority Act 2022

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Number 31 of 2022

HIGHER EDUCATION AUTHORITY ACT 2022

CONTENTS

PART 1

Preliminary and general

Section

1. Short title and commencement

2. Interpretation

3. Regulations and orders

4. Expenses

5. Repeals, revocations and savers

6. Offences

PART 2

An tÚdarás um Ard-Oideachas

Chapter 1

Continuance in being and functions of An tÚdarás

7. An tÚdarás um Ard-Oideachas

8. Objects of An tÚdarás

9. Functions of An tÚdarás

10. Consultants and advisers

Chapter 2

Ministerial powers and information

11. Power of Minister to give directions to An tÚdarás

12. Power of Minister to issue guidelines to An tÚdarás

13. Reports and information to Minister

14. Advice to Minister

Chapter 3

Board of An tÚdarás

15. Board of An tÚdarás

16. Membership of Board of An tÚdarás

Chapter 4

Administrative co-operation with other bodies

17. Administrative co-operation with other bodies

18. Co-operation between An tÚdarás and An tSeirbhís regarding apprenticeships

Chapter 5

Funding and accountability of An tÚdarás

19. Advances to An tÚdarás

20. Corporate plan of An tÚdarás

21. Annual plan of An tÚdarás

22. Accounts of An tÚdarás

23. Annual report of An tÚdarás

24. Gifts to An tÚdarás

Chapter 6

Chief Executive Officer

25. Chief Executive Officer

26. Functions of Chief Executive Officer

27. Accountability of Chief Executive Officer to Public Accounts Committee

28. Accountability of Chief Executive Officer to other Oireachtas committees

Chapter 7

Staff of An tÚdarás

29. Staff of An tÚdarás

30. Existing staff of An tÚdarás

31. Superannuation for members of staff of An tÚdarás

32. Prohibition on unauthorised disclosure by members of staff of An tÚdarás of confidential information

PART 3

Strategic planning for tertiary education and provision of funding for higher education

Chapter 1

Strategic planning for tertiary education and performance of higher education providers

33. Strategy for tertiary education

34. Planning for provision of higher education

35. Performance framework

36. Performance agreements with designated institutions of higher education

Chapter 2

Provision of funding by An tÚdarás

37. Provision of funding by An tÚdarás

38. Conditions of funding

39. Information from other bodies relating to funding

40. Compliance with conditions of funding

41. Directions of Chief Executive Officer following assessment of compliance with conditions of funding

42. Remedial and other measures following assessment of compliance with conditions of funding

PART 4

Students

43. Engagement with students

44. National student engagement

45. Student surveys

PART 5

Access, participation and lifelong learning

46. Equity of access, participation and promotion of success

47. Lifelong and flexible learning

PART 6

Data protection

48. Supply of non-personal data

49. Supply of personal data

50. Furnishing of non-personal data

51. Furnishing of personal data

52. Research by An tÚdarás

PART 7

Designated institutions of higher education

Chapter 1

Designated institutions of higher education

53. Designated institutions of higher education

Chapter 2

Designation by order of certain higher education providers as designated institutions of higher education

54. Designation by order of higher education provider as designated institution of higher education

55. Conditions to be complied with for making of designation order

56. Continuing obligation to comply with conditions for designation

57. Review of compliance with conditions for designation

58. Directions of An tÚdarás following review of compliance with conditions for designation

59. Revocation of designation order

60. Use of title “designated institution of higher education”

Chapter 3

Obligations of certain designated institutions of higher education and higher education providers

61. Strategic development plan of certain designated institutions of higher education

62. Equality statement of certain designated institutions of higher education

63. Accounts of certain higher education providers

PART 8

Oversight by An tÚdarás of designated institutions of higher education

64. Review of matter and report to An tÚdarás

65. Determination of matter by Chief Executive Officer

66. Remedial and other measures

67. Furnishing of information to other bodies

68. Appointment of reviewer of designated institution of higher education

PART 9

Appeals

69. Appeals board

70. Determination of appeal by appeals board

71. Appeal procedures

PART 10

Amendments of Universities Act 1997

72. Amendment of section 4(1) of Act of 1997

73. Composition of governing authority of university

74. Provisions relating to Trinity College, Dublin

75. Chairperson of governing authority

76. Amendment of section 18 of Act of 1997

77. Review of matter and report by governing authority of university

78. Transitional arrangements for membership and chairperson of governing authority

79. Amendment of section 33(2) of Act of 1997

80. Amendment of section 34 of Act of 1997

81. Amendment of section 36 of Act of 1997

82. Amendment of section 37 of Act of 1997

83. Amendment of Third Schedule to Act of 1997

84. Amendment of Fourth Schedule to Act of 1997

PART 11

Amendment of Technological Universities Act 2018

85. Amendment of section 2 of Act of 2018

86. Amendment of section 3 of Act of 2018

87. Amendment of section 7 of Act of 2018

88. Amendment of section 8(1) of Act of 2018

89. Amendment of section 11 of Act of 2018

90. Membership of governing body of technological university

91. Transitional arrangements for membership and chairperson of governing body

92. Amendment of section 18 of Act of 2018

93. Amendment of section 19 of Act of 2018

94. Amendment of section 22(3) of Act of 2018

95. Amendment of section 25 of Act of 2018

96. Review of matter and report by governing body of technological university

97. Joint application of higher education provider and technological university

98. Amendment of section 45(1) of Act of 2018

99. Amendment of section 47 of Act of 2018

100. Amendment of section 59 of Act of 2018

101. Amendment of section 60 of Act of 2018

102. Amendment of section 61 of Act of 2018

103. Amendment of section 62 of Act of 2018

104. Amendment of Schedule 1 to Act of 2018

105. Application deemed to be made under Chapter 12 of Part 2 of Act of 2018 in certain circumstances

PART 12

Amendment of Regional Technical Colleges Act 1992 and Regional Technical Colleges (Amendment) Act 1994

106. Amendment of section 2 of Act of 1992

107. Amendment of section 3(5) of Act of 1992

108. Amendment of section 5(1) of Act of 1992

109. Governing bodies of colleges

110. Transitional arrangements for membership and chairperson of governing bodies

111. Amendment of section 7 of Act of 1992

112. Amendment of section 21C of Act of 1992

113. Amendment of section 21D of Act of 1992

114. Review of matter and report by governing body of college

115. Amendment of Second Schedule to Act of 1992

116. Amendment of section 2(1) of Regional Technical Colleges (Amendment) Act 1994

PART 13

Amendment of National College of Art and Design Act 1971

117. Amendment of section 1(1) of Act of 1971

118. Amendment of section 4(2) of Act of 1971

119. Amendment of section 5 of Act of 1971

120. Academic freedom

121. Amendment of section 7 of Act of 1971

122. Amendment of section 10 of Act of 1971

123. Amendment of section 13 of Act of 1971

124. Amendment of section 15 of Act of 1971

125. Review of matter and report by An Bord

126. Amendment of section 17 of Act of 1971

127. Academic council of college and its functions

128. Strategic development plan of College

129. Equality statement of College

130. Provisions relating to Director of College

PART 14

Amendment of Housing Finance Agency Act 1981

131. Amendment of Housing Finance Agency Act 1981

PART 15

Amendment of Student Support Act 2011 and related provisions

132. Awarding and payment of bursaries and scholarships to students

133. Amendment of section 2 of Act of 2011

134. Amendment of section 12 of Act of 2011

135. Amendment of section 28 of Act of 2011

136. Schedule 3 to Act of 2011

PART 16

Amendment of Industrial Training Act 1967

137. Amendment of section 2 of Industrial Training Act 1967

138. Amendment of section 23(2) of Industrial Training Act 1967

PART 17

Amendment of Social Welfare Consolidation Act 2005

139. Amendment of section 266 of Social Welfare Consolidation Act 2005

PART 18

Amendment of National Treasury Management Agency (Amendment) Act 2014

140. Amendment of section 26(1) of National Treasury Management Agency (Amendment) Act 2014

PART 19

Miscellaneous provisions

141. Names of designated institutions of higher education

142. Provision of assistance by An tÚdarás

143. Guidelines, codes and policies

144. Service of notices

145. Consequential amendments of enactments

SCHEDULE 1

Part 1

Enactments Repealed

Part 2

Enactments Revoked

SCHEDULE 2

Board of An tÚdarás

SCHEDULE 3

Superannuation

SCHEDULE 4

Consequential amendments of enactments

Acts Referred to

Charities Act 2009 (No. 6)

Child and Family Agency Act 2013 (No. 40)

Companies Act 1990 (No. 33)

Companies Act 2014 (No. 38)

Comptroller and Auditor General (Amendment) Act 1993 (No. 8)

Data Protection Act 2018 (No. 7)

Data Sharing and Governance Act 2019 (No. 5)

Dublin City University Act 1989 (No. 15)

Education and Training Boards Act 2013 (No. 11)

Ethics in Public Office Act 1995 (No. 22)

European Parliament Elections Act 1997 (No. 2)

Gaeltacht Act 2012 (No. 34)

Higher Education Authority Act 1971 (No. 22)

Housing Finance Agency Act 1981 (No. 37)

Industrial Training Act 1967 (No. 5)

Institutes of Technology Acts 1992 to 2006

Local Government Act 2001 (No. 37)

National College of Art and Design Act 1971 (No. 28)

National Treasury Management Agency (Amendment) Act 2014 (No. 23)

Protected Disclosures Act 2014 (No. 14)

Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (No. 37)

Qualifications and Quality Assurance (Education and Training) Act 2012 (No. 28)

Regional Technical Colleges (Amendment) Act 1994 (No. 29)

Regional Technical Colleges Act 1992 (No. 16)

Social Welfare Consolidation Act 2005 (No. 26)

Student Support Act 2011 (No. 4)

Technological Universities Act 2018 (No. 3)

The Trinity College, Dublin (Charters and Letters Patent Amendment) Act 2000 (No. 1) (Private)

Universities Act 1997 (No. 24)

University of Limerick Act 1989 (No. 14)

Number 31 of 2022

HIGHER EDUCATION AUTHORITY ACT 2022

An Act to provide for changes to the functions and governance of An tÚdarás um Ard‑Oideachas and the oversight by it of higher education providers which are designated institutions of higher education under this Act; to provide for the preparation, review and amendment of a strategy for tertiary education; to provide for better engagement with students and equity of access to, and participation and the promotion of success in, higher education and lifelong and flexible learning; to provide for the designation of certain higher education providers as designated institutions of higher education and, if appropriate, the removal of such designation in certain circumstances; to amend the provisions regarding the composition of the governing authorities or governing bodies of certain designated institutions of higher education, including the Supplemental Letters Patent of 1911 in respect of Trinity College, Dublin; for those purposes, to repeal and replace the Higher Education Authority Act 1971 and to amend the Universities Act 1997 , the Technological Universities Act 2018 , the Regional Technical Colleges Act 1992 , the Regional Technical Colleges (Amendment) Act 1994 , the National College of Art and Design Act 1971 , the Housing Finance Agency Act 1981 , the Student Support Act 2011 , the Industrial Training Act 1967 , the Social Welfare Consolidation Act 2005 , the Qualifications and Quality Assurance (Education and Training) Act 2012 and the National Treasury Management Agency (Amendment) Act 2014 ; and to provide for related matters.

[12th October, 2022]

Be it enacted by the Oireachtas as follows: