Higher Education Authority Act 2022

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Chapter 2

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

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

54. (1) The Minister may by order (in this Act referred to as a “designation order”) designate a higher education provider as a designated institution of higher education in accordance with this section provided that he or she is satisfied that the conditions for such designation prescribed under section 55 are complied with by the higher education provider.

(2) A higher education provider may make an application to An tÚdarás for designation as a designated institution of higher education.

(3) An application under subsection (2) shall be in such form and be accompanied by such information as An tÚdarás may direct.

(4) An tÚdarás may, in respect of an application under subsection (2)—

(a) request by notice in writing to the higher education provider concerned such additional information as it may require for that purpose, and

(b) request from, use and rely on information from such other bodies as An tÚdarás considers appropriate, including but not limited to the Qualifications and Quality Assurance Authority of Ireland, as respects the higher education provider concerned.

(5) A higher education provider shall comply with a notice from An tÚdarás under subsection (4)(a) and shall provide the information requested by An tÚdarás from the provider within such period as may be specified in the notice.

(6) An tÚdarás may appoint an advisory panel, that may include national and international experts having a special interest in or expertise in, or knowledge of, matters relating to higher education, and may receive and have regard to advice given by that panel with respect to whether a higher education provider meets the conditions prescribed under section 55 for designation as a designated institution of higher education.

(7) Subject to subsections (2) to (6), An tÚdarás shall, from time to time, submit to the Minister in writing—

(a) the names of higher education providers that have applied under this section for designation as designated institutions of higher education and, with respect to each such application, an opinion of An tÚdarás on whether the higher education provider concerned meets the conditions prescribed under section 55 for designation as a designated institution of higher education, and

(b) the grounds on which that opinion is based as respects each such provider.

(8) An tÚdarás shall provide such further information as the Minister may request in respect of the higher education providers whose names are submitted by it to the Minister under subsection (7).

(9) Subject to subsections (10) to (12), the Minister may, having considered the information provided to him or her under this section and consulted with An tÚdarás as respects a higher education provider whose name was submitted to him or her by An tÚdarás under subsection (7), decide to make or to refuse to make a designation order in respect of the higher education provider and, where the Minister decides to make such an order, the Minister shall make the order accordingly but only if he or she is satisfied that the conditions prescribed under section 55 are complied with in respect of the higher education provider.

(10) The Minister shall make a decision under subsection (9) within a period of 6 months after the date of the submission by An tÚdarás of the name of a higher education provider under subsection (7).

(11) The Minister shall, by notice in writing, inform a higher education provider of the decision of the Minister under subsection (9) as soon as may be after it is made and, where the decision is one to refuse to make a designation order, the notice shall state the reasons for the refusal.

(12) Where the Minister makes a decision under subsection (9) to refuse to make a designation order in respect of a higher education provider, the higher education provider may, in accordance with section 69 , appeal against that decision within the prescribed period after the service of the notice under subsection (11).