Higher Education Authority Act 2022

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

42. (1) Where, following an assessment under section 40 , the Chief Executive Officer considers that—

(a) directions issued by him or her to the funded body concerned under section 41 have not been complied with, or

(b) there are serious deficiencies regarding the continued compliance by the funded body concerned with the conditions subject to which funding was provided to that body under section 37 ,

the Chief Executive Officer may impose remedial or other measures on the funded body in accordance with this section.

(2) The remedial or other measures that the Chief Executive Officer may impose on the funded body concerned under this section may comprise one or more of the following:

(a) the exclusion of that body for a specified period from the provision of some or all categories of funding from An tÚdarás under section 37 ;

(b) the application to that body of revised conditions subject to which funding is, or has been, provided;

(c) the controlled release to that body of funding by An tÚdarás under section 37 ;

(d) the withholding of funding due to be paid to that body by An tÚdarás under section 37 ;

(e) the refund by that body of funding paid to it by An tÚdarás under section 37 ;

(f) the appointment by the Chief Executive Officer of a person or persons, or of a body, to provide advice or assistance of a specialist nature to the funded body concerned;

(g) the issuing of guidance to the funded body concerned regarding a particular matter or matters relating to funding;

(h) an admonishment or censure in writing of the funded body concerned, taking into account any professional regulatory requirements or obligations that may be thereby impacted;

(i) the requirement for members of the governing body of the funded body concerned to undertake a course of training on matters related to governance, management or funding;

(j) the requirement for a plan to be put in place by the funded body concerned providing for the rectification or resolution of an issue of concern to the Chief Executive Officer with specified targets to be met and monitoring requirements to ensure the implementation of the plan;

(k) the provision to such other bodies as the Chief Executive Officer considers appropriate, including but not limited to the Qualifications and Quality Assurance Authority of Ireland, of information relating to funding as respects the funded body concerned.

(3) Where the Chief Executive Officer proposes to impose a remedial or other measure he or she shall, by notice in writing to the funded body concerned, inform that body that he or she proposes to impose the remedial or other measure and shall state the reasons for the proposed imposition of the measure concerned.

(4) A notice under subsection (3) shall state that the funded body concerned may make representations to the Chief Executive Officer in relation to the reasons specified therein for the imposition of the remedial or other measure not later than 30 days after the service of the notice on that body.

(5) Where, after consideration of the representations (if any) made to the Chief Executive Officer in accordance with subsection (4), the Chief Executive Officer decides, for the reasons stated in the notice under subsection (3) or otherwise, to impose a remedial or other measure on the funded body concerned, the Chief Executive Officer shall inform, by notice in writing, that body of that decision and of the specified date proposed as the date on which the remedial or other measure shall come into operation (which date shall not be a date earlier than the end of the prescribed period within which an appeal may be brought under subsection (6)).

(6) Where the Chief Executive Officer makes a decision under subsection (5) to impose a remedial or other measure on a funded body, the body may, in accordance with section 69 , appeal against that decision within the prescribed period after the service of the notice under subsection (5).

(7) Unless within the foregoing prescribed period an appeal is brought in accordance with section 69 against the decision of the Chief Executive Officer referred to in subsection (5), the Chief Executive Officer shall impose the remedial or other measure on the funded body concerned to come into operation on the date specified for that purpose in the notice under subsection (5).

(8) The bringing of an appeal by the funded body against a decision of the Chief Executive Officer under subsection (5) to impose a remedial or other measure on the body shall not affect the coming into operation of the measure pending the determination or discontinuance of the appeal, unless the Chief Executive Officer, on application to him or her in that behalf within 7 days after the service of the notice under subsection (5), agrees to stay the operation of the measure concerned pending the determination of the appeal.

(9) Where the Chief Executive Officer refuses an application from a funded body under subsection (8), the funded body may apply to the appeals board established to determine the appeal to have the operation of the remedial or other measure concerned suspended until the determination of the appeal by the appeals board and, on such application, the appeals board may, if it considers it appropriate to do so, grant the application.