S.I. No. 448/2025 - Research and Innovation Act 2024 (Appeal) Regulations 2025
Notice of the making of this Statutory Instrument was published in | ||
“Iris Oifigiúil” of 3rd October, 2025. | ||
I, JAMES LAWLESS, Minister for Further and Higher Education, Research, Innovation and Science, in exercise of the powers conferred on me by sections 3 and 46 of the Research and Innovation Act 2024 (No. 15 of 2024) and following consultation with Taighde Éireann, hereby make the following regulations: | ||
Citation and commencement | ||
1. (1) These Regulations may be cited as Research and Innovation Act 2024 (Appeal) Regulations 2025. | ||
(2) These Regulations come into operation on the 3rd day of October 2025. | ||
Definitions | ||
2. In these Regulations- | ||
“Act” means the Research and Innovation Act 2024 (No. 15 of 2024); | ||
“appeal” means an appeal under section 43(11) of the Act; | ||
“appellant” means a recipient of funding which may bring an appeal against a determination under section 43(1)(d) of the Act of the Chief Executive Officer; | ||
“Chief Executive Officer” means the Chief Executive Officer of Taighde Éireann. | ||
Prescribed period for lodging appeal | ||
3. (1) Subject to paragraph (2), an appeal shall be lodged with the Minister not later than 28 days after the date of the notice of the determination of the Chief Executive Officer to which the appeal relates. | ||
(2) The Minister may extend the period for lodging an appeal where he or she is satisfied that the appellant has given reasonable cause to so extend. | ||
Appeal lodged with Minister | ||
4. An appeal shall - | ||
(a) be in writing, | ||
(b) state the name and address of the appellant, | ||
(c) state the grounds for the appeal, and | ||
(d) be accompanied by - | ||
(i) a copy of the determination of the Chief Executive Officer to which the appeal relates, | ||
(ii) a statement of the facts and contentions upon which the appellant intends to rely, and | ||
(iii) such other documents as the appellant wishes to submit in support of the appeal. | ||
Notification of receipt of appeal | ||
5. The Minister shall notify the appellant in writing of the receipt by him or her of the appeal. | ||
Notification of establishment of appeals board | ||
6. The Minister shall notify the appellant in writing of the establishment of the appeals board as soon as practicable after its establishment under section 44 of the Act. | ||
Provision of information by Minister to appeals board | ||
7. The Minister shall, as soon as practicable after the establishment of an appeals board under section 44 of the Act, furnish a copy of the appeal and the accompanying documents referred to in paragraph (d) of Regulation 4 to the appeals board. | ||
Service of appeal on Chief Executive Officer | ||
8. An appeals board established to determine an appeal shall, as soon as practicable after the receipt of the appeal and accompanying documents from the Minister in accordance with Regulation 7 - | ||
(a) furnish a copy of the appeal and those accompanying documents to the Chief Executive Officer, and | ||
(b) invite the Chief Executive Officer to make submissions in writing in relation to the appeal to the appeals board within such period as it may specify in the invitation. | ||
Submissions by Chief Executive Officer | ||
9. (1) The Chief Executive Officer may make submissions in writing to the appeals board in relation to an appeal within - | ||
(a) the period specified in the invitation referred to in paragraph (b) of Regulation 8, or | ||
(b) such other period as may be agreed between the Chief Executive Officer and the appeals board. | ||
(2) An appeals board shall - | ||
(a) furnish a copy of any submissions made to it under paragraph (1) to the appellant as soon as practicable after the submissions are received by the appeals board, and | ||
(b) invite the appellant to reply in writing to those submissions within such period as it may specify in the invitation. | ||
Reply by appellant to submissions | ||
10. (1) An appellant may, within the period specified by an appeals board under Regulation 9(2)(b) or such other period as may be agreed between the appellant and the appeals board, reply in writing to the submissions made by the Chief Executive Officer. | ||
(2) The appeals board shall furnish a copy of any reply submitted to it under paragraph (1) to the Chief Executive Officer as soon as practicable after the reply is received by the appeals board. | ||
Other bodies or persons concerned | ||
11. An appeals board may furnish a copy of the appeal (or, as may be appropriate, an extract therefrom) to such other body or person as it considers to be concerned in the matter which is the subject of the appeal. | ||
Further information | ||
12. (1) An appeals board may, for the purposes of determining an appeal, at any time request the appellant, the Chief Executive Officer or any other person or body appearing to the board to be concerned to furnish to the appeals board | ||
(a) further particulars regarding the appeal, or | ||
(b) any documentation that it considers relevant to the appeal. | ||
(2) An appeals board shall, where it makes a request under paragraph (1), specify the period within which the particulars or documentation requested, as the case may be, shall be furnished. | ||
(3) An appellant, the Chief Executive Officer or any other person or body referred to in paragraph (1) shall furnish the particulars or documentation referred to in that paragraph within the period specified under paragraph (2) or such other period as may be agreed with the appeals board. | ||
Withdrawal of appeal | ||
13. (1) An appellant who lodges an appeal under Regulation 3 may withdraw the appeal by notice in writing to the Minister. | ||
(2) The Minister shall notify an appeals board of the withdrawal of an appeal under paragraph (1) as soon as practicable after the receipt of the notice under that paragraph. | ||
(3) An appeals board shall notify the Chief Executive Officer and any other person or body concerned in the matter and to whom the appeal has been furnished by the appeals board of the withdrawal of an appeal under paragraph (1) as soon as practicable after the appeals board has been notified of that withdrawal by the Minister. | ||
Determination of appeal | ||
14. An appeals board shall determine an appeal within 30 days of the later of - | ||
(a) where no submissions are made by the Chief Executive Officer under Regulation 9, the day following the last day of the period specified or agreed, as the case may be, under that Regulation for the making of submissions, | ||
(b) the date of the receipt by the appeals board of a reply from the appellant under paragraph (1) of Regulation 10 to the submissions made by the Chief Executive Officer, | ||
(c) where no reply referred to in paragraph (b) is received, the day following the last day of the period specified or agreed, as the case may be, under paragraph (1) of Regulation 10 for a reply, or | ||
(d) either - | ||
(i) the date of the receipt by the appeals board of the last particulars or documentation in relation to the appeal requested by the appeals board under Regulation 12, or | ||
(ii) where no particulars or documentation referred to in subparagraph (i) are furnished, the day following the last day of the period specified or agreed, as the case may be, under paragraph (3) of Regulation 12 for the receipt of particulars or documentation. | ||
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GIVEN under my Official Seal, | ||
1 October, 2025. | ||
JAMES LAWLESS, | ||
Minister for Further and Higher Education, Research, Innovation and Science. |