Higher Education Authority Act 2022

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Conditions to be complied with for making of designation order

55. (1) The Minister shall, as soon as practicable after the commencement of section 7 and following consultation with An tÚdarás, prescribe by regulations the conditions to be complied with by a higher education provider before a designation order can be made in respect of such a provider.

(2) The conditions referred to in subsection (1) shall be consistent with the objects and functions of An tÚdarás and may include some or all of the following:

(a) that the higher education provider has been established and is operated for the principal purposes of higher education, training and research;

(b) that the higher education provider provides a specified number of programmes of education and training and conducts examinations, which lead to education awards at a specified higher education level that are included within the National Framework of Qualifications;

(c) that the higher education provider has a good track record in relation to performance in the field of education and provides the programmes referred to in paragraph (b) for a prescribed period in the State prior to the date of the name of the provider being submitted to the Minister under section 54 (7);

(d) that the qualifications of the academic staff of the higher education provider are at a sufficiently high level to provide the programmes of education and training which it provides;

(e) that the higher education provider has integrated, coherent and effective governance structures in place concerning academic, administrative, financial and management matters;

(f) that the higher education provider—

(i) has, under section 28 of the Act of 2012, established procedures in writing for quality assurance in relation to which the Qualifications and Quality Assurance Authority of Ireland—

(I) has approved those procedures under the Act of 2012,

(II) has not proposed by notice under section 36(1) of that Act to withdraw that approval, and

(III) has not withdrawn that approval under section 36 of that Act,

or

(ii) if the higher education provider is a linked provider within the meaning of the Act of 2012, has, under section 28 of that Act, established procedures in writing for quality assurance in relation to which a relevant designated awarding body within the meaning of that Act—

(I) has approved those procedures under the Act of 2012,

(II) has not proposed by notice under section 39(1) of that Act to withdraw that approval, and

(III) has not withdrawn that approval under section 39 of that Act;

(g) that the higher education provider is financially viable and has sufficient financial resources available to meet any projected costs and to provide education for a specified period arising from the making of a designation order in respect of it;

(h) such other conditions as may be determined by the Minister in consultation with An tÚdarás.

(3) The Minister may prescribe different conditions under subsection (2) for different types of higher education providers.

(4) In this section—

“award” means an award that is included within the National Framework of Qualifications;

“level” means included at the level concerned within the National Framework of Qualifications.