RTC Governance

Table of Contents

REGIONAL TECHNICAL COLLEGES ACT 1992

REVISED

Updated to 10 November 2022

AN ACT TO PROVIDE FOR THE ORGANISATION AND DEVELOPMENT OF REGIONAL TECHNICAL AND OTHER COLLEGES, TO DEFINE THEIR FUNCTIONS, AND TO MODIFY THE PROVISIONS OF SECTION 7 OF THE VOCATIONAL EDUCATION (AMENDMENT) ACT, 1944, AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE FOREGOING. [19th July, 1992]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

C1
Functions transferred and references construed (21.10.2020) by Further and Higher Education, Research, Innovation and Science (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 451 of 2020), arts. 2, 3 and sch. part 1, in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by this Order are transferred to the Department of Further and Higher Education, Research, Innovation and Science.

(2) References to the Department of Education and Skills contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Further and Higher Education, Research, Innovation and Science.

3. (1) The functions vested in the Minister for Education and Skills –

(a) by or under the Acts specified in Part 1 of the Schedule, and

(b) under the Regulations specified in Part 2 of the Schedule, are transferred to the Minister for Further and Higher Education, Research, Innovation and Science.

(2) References to the Minister for Education and Skills contained in any Act or instrument made under such Act and relating to any functions transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Minister for Further and Higher Education, Research, Innovation and Science.

…

SCHEDULE

Article 3

Part 1

…

Institutes of Technology Acts 1992 to 2006

…

Section 1
Commencement.

1.—This Act shall come into operation on such day as the Minister shall by order appoint.

Annotations

Editorial Notes:

E1
Power pursuant to section exercised (1.01.1993) by Regional Technical Colleges Act, 1992 (Commencement) Order 1992 (S.I. No. 33 of 1992).

2. The 1st day of January, 1993 is hereby appointed as the day on which the Regional Technical Colleges Act, 1992 (No. 16 of 1992), shall come into operation.

Section 2

Interpretation.

2.—(1) In this Act—

“academic council” has the meaning assigned to it by section 10 of this Act;

F1[“An tÚdarás” means An tÚdarás umArd-Oideachas;]

F2[“college” means an institution of higher education declared by paragraph (a) of section 3(1) (as amended by the Institutes of Technology Act 2006) to be a college to which this Act applies and, in relation to the Cork Institute of Technology, includes a school of that college declared to be such under of that subsection; ]

“course of study” means a course of study, instruction or training leading to an educational award by the National Council for Educational Awards, an university in the State or such other certifying authority as may be approved by the Minister from time to time;

“the Director” in relation to a college, means the person appointed under section 9 of this Act to be the Director of the college;

F3[“education and training board” in relation to a college, means the education and training board in whose education and training board area the college is situated; ]

F4[“education and training board” means an education and training board established under the Education and Training Boards Act 2013;]

“establishment” and “establishment date” refer, in the case of a regional technical college established by section 3 (1) of this Act, to the commencement of this Act and, in the case of a college established by order under section 3 (2) of this Act or an educational institution or part of such an institution which by order under section 3 (3) of this Act forms part of a college, to the commencement of the order;

“functions” includes powers and duties;

“governing body”, in relation to a college, means the governing body of the college established by section 6 of this Act;

“graduate” means a person on whom there has been conferred or who has been granted or given an educational award on successful completion of a course of study at a college;

“local authority” means the council of a county, the council of a county or other borough or the council of an urban district;

“the Minister” means the Minister for Education;

F5[…]

F6[“regulations of the college”, in relation to a college, means rules made by the governing body of the college under paragraph 12 of the Second Schedule;

“student”, in relation to a college, means a person registered as a student by the college or a full-time officer of the student union who was first elected or appointed to his or her office while he or she was registered as a student by the college;

“student union”, in relation to a college, means the student union or other student representative body recognised by the college;]

(2) A reference in this Act to the performance of functions includes a reference to the exercise of powers and the performance of duties.

(3) A reference in this Act to a subsection is to a subsection of the section in which the reference is made unless the contrary is indicated.

Annotations

Amendments:

F1
Inserted (1.02.2007) by Institutes of Technology Act 2006 (25/2006), s. 3(a), S.I. No. 36 of 2007.

F2
Substituted (1.02.2007) by Institutes of Technology Act 2006 (25/2006), s. 3(b), S.I. No. 36 of 2007.

F3
Inserted (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s. 72(1)(a) and sch. 6 item 12, S.I. No. 211 of 2013.

F4
Substituted (24.04.2018) by Technological Universities Act 2018 (3/2018), s. 80(a), S.I. No. 124 of 2018.

F5
Deleted (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s. 72(1)(b) and sch. 6 item 12, S.I. No. 211 of 2013.

F6
Inserted (10.11.2022) by Higher Education Authority Act 2022 (31/2022), s. 106, S.I. No. 554 of 2022.

F7
Inserted by Technological Universities Act 2018 (3/2018), s. 80(b), not commenced as of date of revision.

Modifications (not altering text):

C2
Prospective affecting provision: definitions inserted by Technological Universities Act 2018 (3/2018), s. 80(b), not commenced as of date of revision.

F7[“regulations of the college” means rules made by the governing body under paragraph 12 of the Second Schedule;

“student” means a person registered as a student by the college or a full-time officer of the student union who was first elected or appointed to his or her office while he or she was registered as a student by the college;

“student union” means the student union or other student representative body recognised by the college;]

C3
Functions transferred and references construed (21.10.2020) by Further and Higher Education, Research, Innovation and Science (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 451 of 2020), arts. 2, 3 and sch. part 1, in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.

3. (1) The functions vested in the Minister for Education and Skills –

(a) by or under the Acts specified in Part 1 of the Schedule, and

(b) under the Regulations specified in Part 2 of the Schedule, are transferred to the Minister for Further and Higher Education, Research, Innovation and Science.

…

SCHEDULE

Article 3

Part 1

…

Institutes of Technology Acts 1992 to 2006

…

Editorial Notes:

E2
Previous affecting provision: definition of “education and training board” inserted (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s. 72(1)(a) and sch. 6 item 12, S.I. No. 211 of 2013; substituted as per F-note above.

Section 3

Establishment of colleges.

3.—F8[(1)(a) Each institution of higher education specified in column (1) of the First Schedule is declared to be a college to which this Act applies and shall, subject to subsection (4), continue to bear, and to be known by, the name in the Irish language or in the English language by which it is referred to in that Schedule.

(b) Coláiste Ealaíne agus Deartha Crawford (Crawford College of Art and Design), Ceol-Scoil Chorcaí (Cork School of Music) and Coláiste Náisiúnta Mara na hÉireann (National Maritime College of Ireland) are declared to be schools of the Cork Institute of Technology and each of them shall continue to bear, and to be known by, the name in the Irish language or in the English language by which it is referred to in this paragraph.

(c) (i) Coláiste Turasóireachta Na Cealla Beaga (Tourism College Killybegs) is declared to be a school of the Letterkenny Institute of Technology and it shall continue to bear, and to be known by, the name in the Irish language or the English language by which it is referred to in this paragraph, or by such other name as the governing body, subject to the consent of the Minister, may determine.

(ii) Every person who, immediately before the commencement of this paragraph, is—

(I) an employee of County Donegal Vocational Education Committee, and

(II) working for the college referred to in subparagraph (i),

shall, on such commencement, become and be a member of the staff of Letterkenny Institute of Technology and shall not, while in the service of that college, receive less remuneration or be subject to less beneficial conditions of service than the remuneration approved by the Minister with the concurrence of the Minister for Finance to which that person was entitled and the conditions of service approved by the Minister to which the person was subject before such commencement.]

(2) F9[…]

(3) F10[…]

(4) The Minister may, following consultation with the governing body of a college, by order change the name of the college in the First Schedule and amend the said Schedule accordingly.

(5) A college shall be a body corporate with perpetual succession and power to sue F11[and may be sued in its corporate name and may, with the consent of the Minister, acquire, hold and dispose of land, an interest in land or any other property].

Annotations

Amendments:

F8
Substituted (1.02.2007) by Institutes of Technology Act 2006 (25/2006), s. 4(a), S.I. No. 36 of 2007.

F9
Deleted (1.02.2007) by Institutes of Technology Act 2006 (25/2006), s. 4(b), S.I. No. 36 of 2007.

F10
Deleted (1.02.2007) by Institutes of Technology Act 2006 (25/2006), s. 4(b), S.I. No. 36 of 2007.

F11
Substituted (10.11.2022) by Higher Education Authority Act 2022 (31/2022), s. 107, S.I. No. 554 of 2022.

Editorial Notes:

E3
Previous affecting provision: subs. (2) substituted (11.06.2001) by Qualifications (Education and Training) Act 1999 (26/1999), s. 32(a), S.I. No. 418 of 2001; substituted as per F-note above.

E4
Previous affecting provision: subs. (1) amended (6.07.1999) by Regional Technical Colleges (Amendment) Act 1999(20/1999), s. 4(1)(a), commenced on enactment; substituted as per F-note above.

E5
Previous affecting provision: power pursuant to subs. (4) exercised (28.01.1998) by Regional Technical Colleges Act, 1992 (Change of Name of College) Order 1998 (S.I. No. 19 of 1998); sch. 1 substituted (1.02.2007) by Institutes of Technology Act 2006 (25/2006), s. 24, S.I. No. 36 of 2007.

E6
Previous affecting provision: power pursuant to subs. (4) exercised (18.12.1997) by Regional Technical Colleges Act, 1992 (Change of Name of College) Order 1997 (S.I. No. 512 of 1997); sch. 1 substituted (1.02.2007) by Institutes of Technology Act 2006 (25/2006), s. 24, S.I. No. 36 of 2007.

E7
Previous affecting provision: power pursuant to subs. (4) exercised (7.05.1997) by Regional Technical Colleges Act, 1992 (Amendment) (No. 2) Order 1997 (S.I. No. 199 of 1997), in effect as per art. 1(2); sch. 1 substituted (1.02.2007) by Institutes of Technology Act 2006 (25/2006), s. 24, S.I. No. 36 of 2007.

E8
Previous affecting provision: power pursuant to subs. (2) exercised (1.04.1997) by Regional Technical Colleges Act, 1992 (Amendment) Order 1997 (S.I. No. 149 of 1997), in effect as per art. 1(2); sch. 1 substituted (1.02.2007) by Institutes of Technology Act 2006 (25/2006), s. 24, S.I. No. 36 of 2007.

Section 3A
F12[Appointment of committee to advise An tÚdarás.

3A. F13[…]]

Annotations

Amendments:

F12
Inserted (11.06.2001) by Qualifications (Education and Training) Act 1999 (26/1999), s. 32(b), S.I. No. 418 of 2001.

F13
Repealed (1.02.2007) by Institutes of Technology Act 2006 (25/2006), s. 5, S.I. No. 36 of 2007.

Section 4

Membership of colleges.

4.—(1) The members of a college shall be—

(a) the members of the governing body,

(b) the members of the academic council,

(d) the registered students of the college,

(e) the graduates of the college,

(f) such other persons as the governing body may appoint to be members.

(2) Membership of a college under subsection (1) (f) shall continue until the governing body otherwise declares.

Section 5

Functions of colleges.

5.—(1) The principal function of a college shall, subject to the provisions of this Act, be to provide vocational and technical education and training for the economic, technological, scientific, commercial, industrial, social and cultural development of the State with particular reference to the region served by the college, and, without prejudice to the generality of the foregoing, a college shall have the following functions—

(a) to provide such courses of study as the governing body of the college considers appropriate;

F14[(b) to make awards, with the exception of doctoral degrees, to students where the college has satisfied itself that the students have acquired and demonstrated the appropriate standard of knowledge, skill or competence for awards that are included within the National Framework of Qualifications;]

F15[(bb) F16[…]]

(c) subject to such conditions as F17[An tÚdarás] may determine, to engage in research, consultancy and development work and to provide such services in relation to these matters as the governing body of the college considers appropriate;

(d) to enter into arrangements with other institutions in or outside the State for the purpose of offering joint courses of study and of engaging jointly in programmes of research, consultancy and development work in relation to such matters as the governing body of the college considers appropriate;

F18[(e) in relation to any of the following companies or undertakings and in accordance with the following law, namely—

(i) a limited liability company in the State — in accordance with the Companies Acts, or

(ii) a company or undertaking (the liability of members of which is limited) in a state other than the State — in accordance with the law of that state, to—

(I) promote and take part in the formation of it,

(II) acquire, hold or dispose of shares or other interests in its capital, or

(III) participate in the management or direction of it,

but only if the objects of the company or undertaking include the carrying on of such business, trading or other activities, as the college thinks fit, for the purpose of promoting or assisting in the performance of, or in connection with, the functions of the college; ]

(f) to institute and, if thought fit, to award scholarships, prizes and other awards;

(g) to maintain, manage, administer and invest all the money and assets of the college;

(h) to accept gifts of money, land or other property upon such trusts and conditions, if any, as may be specified by the donors: provided that nothing in any such trust or condition is contrary to the provisions of this Act;

F20[(i) subject to the consent of the Minister to acquire, hold and dispose of land, an interest in land or any other property;]

(j) to do all such acts and things as may be necessary to further the objects and development of the college.

F14[(1A) Awards referred to in subsection (1)(b) may only be conferred, granted or given on the recommendation of the academic council of the college to or on persons who satisfy the academic council that they have attended or otherwise pursued or followed appropriate courses of study, instruction, research or training provided by the college, or that they have previously acquired learning in accordance with procedures established by the college under section 56 of the Qualifications and Quality Assurance (Education and Training) Act 2012, and have attained an appropriate standard in examinations or other tests of knowledge or ability or have performed other exercises in a manner regarded by the academic council of the college as being satisfactory.]

(2) F21[…]

Annotations

Amendments:

F14
Inserted (1.01.2020) by Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019 (32/2019), s. 36(a), (b), S.I. No. 540 of 2019.

F15
Inserted (11.06.2001) by Qualifications (Education and Training) Act 1999 (26/1999), s. 32(c), S.I. No. 418 of 2001.

F16
Deleted (5.11.2012) by Qualifications and Quality Assurance (Education and Training) Act 2012 (28/2012), s. 86 and sch. 3 item 3.

F17
Substituted (1.02.2007) by Institutes of Technology Act (25/2006), s. 6(a)(i), S.I. No. 36 of 2007.

F18
Substituted (1.02.2007) by Institutes of Technology Act 2006 (25/2006), s. 6(a)(ii), S.I. No. 36 of 2007.

F19
Substituted (1.02.2007) by Institutes of Technology Act 2006 (25/2006), s. 6(a)(iii), S.I. No. 36 of 2007.

F20
Substituted (10.11.2022) by Higher Education Authority Act 2022 (31/2022), s. 108, S.I. No. 554 of 2022.

F21
Deleted (1.02.2007) by Institutes of Technology Act 2006 (25/2006), s. 6(b), S.I. No. 36 of 2007.

Editorial Notes:

E9
Previous affecting provision: subs. (1)(b) deleted (5.11.2012) by Qualifications and Quality Assurance (Education and Training) Act 2012 (28/2012), s. 86 and sch. 3 item 3; reinserted as per F-note above.

E10
Previous affecting provision: subs. (1)(e) deleted by Vocational Education (Amendment) Act 2001 (23/2001), s. 37(a), not commenced; substituted as per F-note above.

E11
Previous affecting provision: subs. (2A) inserted by Vocational Education (Amendment) Act 2001 (23/2001), s. 37(b), not commenced; section repealed (1.02.2007) by Institutes of Technology Act 2006 (25/2006), s. 55, S.I. No. 36 of 2007.

E12
Previous affecting provision: subs. 5(1)(bb) inserted (11.06.2007) by Qualifications (Education and Training) Act 1999 (26/1999), s. 32(c); deleted as per F-note above.

E13
Previous affecting provision: subs. (1)(b) substituted (11.06.2001) by Qualifications (Education and Training) Act 1999 (26/1999), s. 32(c), S.I. No. 418 of 2001; deleted as per F-note above.

Section 5A
F22[ Academic freedom.

5A.—(1) A college, in performing its functions, shall have the right and responsibility to preserve and promote the traditional principles of academic freedom in the conduct of its internal and external affairs.

(2) A member of the academic staff of a college shall have the freedom, within the law, in his or her teaching, research and any other activities either in or outside the college, to question and test received wisdom, to put forward new ideas and to state controversial or unpopular opinions and shall not be disadvantaged, or subject to less favourable treatment by the college, for the exercise of that freedom.]

Annotations

Amendments:

F22
Inserted (1.02.2007) by Institutes of Technology Act 2006 (26/2006), s. 7, S.I. No. 36 of 2007.

Section 6

Governing bodies.

F23[6.—(1) A college shall have a governing body established under this Act to perform the functions conferred on the college by this Act.

(2) The Second Schedule shall apply to a governing body.

(3) Subject to this Act, a governing body shall consist of 19 members as determined in accordance with this section.

(4) The members of a governing body shall be —

(a) a chairperson (in this section and in the Second Schedule referred to as the “chairperson”), who shall be an external member, appointed by the governing body,

(b) 9 external members (other than the chairperson), appointed by the governing body,

(d) 5 internal members (other than the Director), being —

(i) 3 members of the academic staff of the college, elected by the academic staff of the college,

(ii) one member of the non-academic staff of the college, elected by the non-academic staff of the college, and

(iii) one other internal member of the college,

and

(e) 3 student union representatives appointed by the governing body.

(5) The internal members of a governing body shall be elected or selected for appointment as such internal members in accordance with regulations made under subsection (9).

(6) Subject to subsection (7), with regard to the appointment of external members of a governing body —

(a) 3 such members shall be nominated by the Minister, and

(b) 7 such members shall be appointed by the governing body in accordance with a process for such appointments that is determined by the governing body and approved by the Minister.

(7) Before a person is nominated for appointment or appointed, as may be appropriate, as an external member of a governing body of a college, the Minister or the governing body of the college, as the case may be, shall be satisfied that the person is suitable for appointment as such an external member by reason of his or her possessing knowledge of, and experience in, matters connected with the functions of the college to enable him or her to make a substantial contribution to the effective and efficient performance of those functions.

(8) (a) The term of office of a member of the governing body, other than the Director, shall not exceed 4 years and such a member may not serve more than two consecutive terms of office.

(b) A member of the governing body who is a student at the college shall hold office for such period, not exceeding one year, as the governing body may determine but may be re-appointed for a further period not exceeding one year.

(9) A governing body shall, with the approval of the Minister, make such regulations of the college relating to the selection, election, nomination or appointment of members of the governing body as it thinks fit, and their selection, election, nomination or appointment shall be carried out in accordance with those regulations.

(10) In performing functions under this section, the Minister and a governing body shall have regard to the objectives that —

(a) not less than 40 per cent of the members of the governing body shall be women and not less than 40 per cent of them shall be men,

(b) the membership of the governing body shall take account of the region served by the college, and

(c) the membership of the governing body shall broadly reflect the composition of Irish society, including persons who are competent in the Irish language.

(11) In this section —

“external member”, in relation to a governing body, means a member of the governing body other than an internal member or a student member thereof or a member of the academic council of the college;

“internal member”, in relation to a governing body, means a member of the governing body who is a member of the staff of the college or a person who is remunerated under a contract with the college;

“student member”, in relation to a governing body, means a member of the governing body who is a student at the college.]

Annotations

Amendments:

F23
Substituted (10.11.2022) by Higher Education Authority Act 2022 (31/2022), s. 109, S.I. No. 554 of 2022.

Modifications (not altering text):

Editorial Notes:

E14
Previous affecting provision: section substituted by Technological Universities Act 2018 (3/2018), s. 82(1), not commenced; section substituted as per F-note above.

E15
Previous affecting provision: subs. (6) substituted (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s. 72(1) and sch. 6 item 12, S.I. No. 211 of 2013; section substituted as per F-note above.

E16
Previous affecting provision: application of subss. (2) and (3) restricted (6.07.1999) by Regional Technical Colleges (Amendment) Act 1999 (20/1999), s. 5(1), commenced on enactment. Note that Vocational Education Committees were replaced by Education and Training Boards (1.07.2013) by Education and Training Boards Act 2013 (11/2013), part 7 and s. 72(2), S.I. Nos. 211, 212 of 2013; section substituted as per F-note above.

E17
Regional Technical Colleges (Amendment) Act 1994 (29/1994), s. 4 , which substituted subs. (4) of this section, was itself amended (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s. 72 and sch. 6 item 16, S.I. No. 211 of 2013, by the substitution of “education and training board” for “vocational education committee” throughout the Act. Although the amendment of this section came into effect in 1994, it may have been intended that the substitution of words should carry through to subs. (4)(a), (b) and (g) of this section, replacing “vocational education committee” with “education and training board”.

Section 6A
F24[

Transitional arrangements for membership and chairperson of governing bodies.

6A. (1) A governing body of a college shall, as soon as practicable after the relevant date and with the approval of the Minister, determine the arrangements and procedures to be put in place by it to ensure that the composition of the governing body of the college complies with section 6 (inserted by section 109 of the Act of 2022) within the period referred to in subsection (2).

(2) Subject to subsections (3) to (5), a governing body of a college shall, within 12 months of the relevant date—

(a) determine the composition of the governing body of its college in accordance with the arrangements and procedures put in place by it under subsection (1),

(b) appoint the members (other than the Director) of the governing body accordingly, and

(3) (a) A person who was the chairman of a governing body of a college on the relevant date may continue after that date to be the chairperson of the governing body of that college until his or her membership of the governing body ceases, provided that he or she is an external member within the meaning of section 6 (inserted by section 109 of the Act of 2022).

(b) For the purposes of paragraph (a), a term served by a person referred to in that paragraph as a member of the governing body, but not as chairman thereof, before the commencement referred to in that paragraph shall be disregarded for the purposes of subsection (8)(a) of section 6 (inserted by section 109 of the Act of 2022).

(4) A person (other than the Director) who was appointed as a member (including the chairman) of the governing body before the relevant date and who is re-appointed as such member pursuant to subsection (2)(b)—

(a) shall be so re-appointed for a term of office of no longer than the unexpired term for which he or she was so appointed, and

(b) the term of office served by the member (including the chairman) immediately before the relevant date and the term of office for which he or she is re-appointed under paragraph (a) shall be regarded as one term of office for the purposes of subsection (8)(a) of section 6 (inserted by section 109 of the Act of 2022).

(5) Notwithstanding section 6(8) and paragraph 4 of the Second Schedule, where the term of office of all or the majority of the members of a governing body (including the chairman thereof) of a college expires by the effluxion of time during the period referred to in subsection (2), the Minister may, at the request of the governing body of the college and if the members concerned so agree, extend the term of office of those members for such period (that is not longer than the period referred to in subsection (2)) as the Minister may determine to facilitate that governing body to comply with that subsection.

(6) In this section —

“Act of 2022” means the Higher Education Authority Act 2022;

“relevant date” means the date on which section 109 of the Act of 2022 comes into operation.]

Annotations

Amendments:

F24
Inserted (10.11.2022) by Higher Education Authority Act 2022 (31/2022), s. 110, S.I. No. 554 of 2022.

Editorial Notes:

E18
The section heading is taken from the amending section in the absence of one included in the amendment.

Section 7
F25[

Functions of governing bodies.

7.—(1) The functions of the governing body of a college shall be, in pursuance of the functions of the college under section 5 but within the constraints of the college’s budget under section 13—

(a) to control and administer the land and other property of the college,

(b) to appoint the Director and such other staff as it thinks necessary for the purposes of the college, and

F26[(1A) The governing body of a college shall—

(a) promote the success (including academic success) and reputation of the college,

(b) satisfy itself that appropriate systems, procedures and practices are in place—

(i) for the internal performance management and accountability of the college in respect of —

(I) the performance of its functions, and

(II) the achievement of the aims in the strategic development plan under section 21C,

and

(ii) in order to implement, and report on compliance with, the policies (whether set out in codes, guidelines or other documents, or any combination thereof) of the Government or a Minister of the Government to the extent that those policies may affect or relate to the functions of the college,

and

(1B) Without prejudice to the generality of subsections (1) and (1A), the governing body of a college shall perform the following functions with regard to the college:

(a) approve expenditure for major capital and investment projects;

(b) approve annual financial statements;

(d) provide for and maintain a system of risk management;

(e) provide for and maintain a system of quality assurance in accordance with the Qualifications and Quality Assurance (Education and Training) Act 2012 ;

(f) review and oversee the implementation of major plans of action and provide strategic direction;

(g) delegate such functions as may be appropriate to the Director;

(h) manage the financial affairs of the college to ensure value for money and its financial viability;

(i) account to An tÚdarás for funding provided to the college by An tÚdarás.]

(2) For the purpose of the appointment of the Director under subsection (1)(b), the governing body shall develop such interview and other procedures as in its opinion will best ensure participation in the selection process by candidates of a high calibre from both within and outside of the college and shall publish such procedures in such manner as it considers appropriate.

(3) A governing body has, subject to this or any other Act, such powers as are necessary for the purposes of performing its functions.

(4) F27[…]

(5) F27[…]

(6) In performing its functions a governing body, or, where appropriate, F28[a committee of the governing body established under paragraph 6 of the Second Schedule] shall—

(a) comply with such policy directions as may be issued by the Minister from time to time, including directions relating to the levels and range of programmes offered by the college,

(b) have regard to the promotion and use of the Irish language as a language of general communication and promote the cultivation of the Irish language and its associated literary and cultural traditions,

(c) have regard to the attainment of gender balance and equality of opportunity among the students and staff of the college and shall, in particular, promote access to education in the college by economically or socially disadvantaged persons, by persons who have a disability and by persons from sections of society significantly under-represented in the student body,

(d) ensure as far as it can that the college contributes to the promotion of the economic, cultural and social development of the State and to respect for the diversity of values, beliefs and traditions in Irish society, and

(e) have regard to the statutory responsibilities of other education providers.]

Annotations

Amendments:

F25
Substituted (1.02.2007) by Institutes of Technology Act 2006 (25/2006), s. 8, S.I. No. 36 of 2007.

F26
Inserted (10.11.2022) by Higher Education Authority Act 2022 (31/2022), s. 111(a), S.I. No. 554 of 2022.

F27
Repealed (10.11.2022) by Higher Education Authority Act 2022 (31/2022), s. 5(1), sch. 1 part 1, S.I. No. 554 of 2022.

F28
Substituted (10.11.2022) by Higher Education Authority Act 2022 (31/2022), s. 111(b), S.I. No. 554 of 2022.

F29
Deleted by Technological Universities Act 2018 (3/2018), s. 84, not commenced as of date of revision.

Modifications (not altering text):

C4
Previous affecting provision: subss. (4) and (5) deleted by Technological Universities Act 2018 (3/2018), s. 84, not commenced; subss. repealed as per F-note above.

Section 8

Dissolution of governing body.

8.—(1) If—

(a) the Minister is satisfied that the functions of the governing body of a college are not being duly and effectively discharged, or

(b) a governing body wilfully neglects to comply with any order, direction or regulation of the Minister made or given in pursuance of the provisions of this Act, or

the Minister may, after consultation with F30[An tÚdarás,]by order dissolve the governing body.

(2) Whenever the Minister makes an order dissolving a governing body the Minister may appoint any body of persons as the Minister thinks fit to perform the functions of the governing body.

(3) The remuneration, if any, of every person appointed under subsection (2) shall be paid out of moneys provided by the Oireachtas under section 15 of this Act.

(4) The Minister shall by order provide for the re-establishment of a governing body dissolved under subsection (1) and for the appointment of members thereto in accordance with section 6 of this Act not later than one year following the dissolution and when the new governing body has been appointed the functions of the dissolved governing body shall be revested in the new governing body and shall cease to be functions of the body of persons appointed under subsection (2).

Annotations

Amendments:

F30
Substituted (1.02.2007) by Institutes of Technology Act 2006 (25/2006), s. 9, S.I. No. 36 of 2007.

Section 9

Director.

9.—F31[(1) A governing body shall from time to time appoint in a whole-time capacity a person to be the chief officer of the college, and that person shall be known as the Director, or by such other title as the governing body, subject to the consent of the Minister, may determine. ]

(2) The selection of the Director shall be a function of the governing body in accordance with the procedures, which shall include the composition of a selection board, determined by F32[An tÚdarás] from time to time.

(3) The provisions of the Third Schedule to this Act shall apply to the Director.

F33[(4)Where an office of Director becomes vacant, the governing body, after consultation with An tÚdarás, may appoint a person to perform the functions of the Director until such time as a permanent appointment to that office is made and such interim appointment may be terminated by the governing body at any time.]

Annotations

Amendments:

F31
Substituted (1.02.2007) by Institutes of Technology Act 2006 (25/2006), s. 10(a), S.I. No. 36 of 2007.

F32
Substituted (1.02.2007) by Institutes of Technology Act 2006 (25/2006), s. 10(b), S.I. No. 36 of 2007.

F33
Substituted (1.02.2007) by Institutes of Technology Act 2006 (25/2006), s. 10(c), S.I. No. 36 of 2007.

Editorial Notes:

E19
Previous affecting provision: subs. (4) inserted (2.12.1994) by Regional Technical Colleges (Amendment) Act 1994 (29/1994), s. 3, commenced on enactment; substituted as per F-note above.

Section 10

Academic council.

10.—(1) Each college shall have an academic council appointed by the governing body to assist it in the planning, co-ordination, development and overseeing of the educational work of the college and to protect, maintain and develop the academic standards of the courses and the activities of the college.

(2) (a) Each governing body may by regulations made under this section provide for the membership and terms of office of the academic council.

(b) The majority of members shall be holders of academic appointments within the college and at least one shall be a registered student of the college.

(c) The members appointed to the academic council shall hold office for a period of three years and shall be eligible for reappointment.

(3) Without prejudice to the generality of subsection (1) the academic council shall have the following particular functions—

(a) to design, develop and assist in implementing courses of study F34[…] consistent with the functions of the college;

(b) to make recommendations to the governing body for the establishment of appropriate structures to implement the courses of study referred to at paragraph (a) of this subsection;

(d) to make recommendations to the governing body for the selection, admission, retention and exclusion of students;

(e) be responsible, subject to the approval of the governing body, for making the academic regulations of the college;

(f) to propose to the governing body, subject to the requirements of the National Council for Educational Awards or any university or other authority to which section 5 (1) (b) applies, the form of regulations to be made by the governing body for the conduct of examinations and for the evaluation of academic progress;

(g) to make recommendations to the governing body for the award of scholarships, prizes or other awards;

(h) to make general arrangements for tutorial or other academic counselling;

(i) to exercise any other functions, consistent with this Act, which may be delegated to it by the governing body;

(j) to assist in implementing any regulations which may be made by the governing body concerning any of the matters aforesaid.

(4) The academic council, with the approval of the governing body, may—

(a) establish such and so many committees, consisting either wholly or partly of persons who are not members of the college, as it thinks proper to assist the academic council in the performance of its functions under this Act, and

(b) determine, subject to the provisions of this Act, the functions of any committee established under paragraph (a) of this subsection.

(5) The acts of a committee established under subsection (4) (a) shall be subject to confirmation by the governing body unless the governing body dispenses with the necessity for such confirmation.

(6) Subject to the provisions of this Act and to the directions of the governing body, the academic council may regulate its own procedure.

Annotations

Amendments:

F34
Deleted (1.02.2007) by Institutes of Technology Act 2006 (25/2006), s. 11, S.I. No. 36 of 2007.

F35
Substituted by Technological Universities Act 2018 (3/2018), s. 85, not commenced as of date of revision.

Modifications (not altering text):

C5
Prospective affecting provision: subs. (2) substituted by Technological Universities Act 2018 (3/2018), s. 85, not commenced as of date of revision.

F35[(2) (a) Subject to paragraphs (b), (c), (d) and (e), the governing body shall make regulations of the college in relation to the academic council, for—

(i) the number of members,

(ii) procedures for selection and appointment of members,

(iii) eligibility for reappointment of members, and

(iv) the number of consecutive periods for which members may hold office.

(b) Without prejudice to the generality of paragraph (a) —

(i) the majority of members of the academic council shall be members of the academic staff of the college,

(ii) the regulations of the college under paragraph (a) shall provide for such number of students of the college, as it considers appropriate, to be members of the academic council.

(i) an ex officio member of the academic council, and

(ii) entitled to preside at all meetings of the academic council or a committee of the council at which he or she is present, but if he or she at any time chooses not to so preside, he or she shall nominate a person to preside in his or her place.

(d) Other than the Director and members of the academic council who are also students of the college, members of the academic council shall hold office for a period of 3 years and shall be eligible for reappointment.]

Editorial Notes:

E20
Transitional provision: any recommendation made, before the day appointed by order under 3/2018, s. 36 or 43, under s. 10 (3)(c) or (g) by the academic council of the dissolved body shall on or after that day, be a recommendation, under 3/2018, s. 17(3)(d) or (g), of the academic council of the technological university in respect of which the order under s. 36 or 43 is made, as provided (24.04.2018) by Technological Universities Act 2018 (3/2018), s. 63, S.I. No. 124 of 2018.

Section 11
F36[

General provisions in relation to staff.

11.—(1) A college may perform such of its functions as the governing body may deem proper through or by any member of its staff.

(2) Subject to section 12, there shall be paid by a college to its staff, such remuneration, fees, allowances and expenses as may be approved from time to time by the Minister with the consent of the Minister for Finance.

(3) The payment of any remuneration, fees, allowances or expenses by a company or undertaking referred to in section 5(1)(e) (as amended by the Institutes of Technology Act 2006) to the staff of a college shall be in accordance with arrangements in that behalf entered into between the colleges and An tÚdarás.

(4) The Education Sector Superannuation Scheme (referred to in Article 2 of the Education Sector Superannuation Scheme (Transfer of Departmental Administration and Ministerial Functions) Order 2001 (S.I. No. 14 of 2001)) shall apply to a college and the members of its staff.]

Annotations

Amendments:

F36
Substituted (1.02.2007) by Institutes of Technology Act 2006 (25/2006), s. 13, S.I. No. 36 of 2007.

Editorial Notes:

E21
Transitional provisions in the event of the establishment of a technological university or dissolution of an applicant college made (24.04.2018) in Technological Universities Act 2018 (3/2018), s. 64, S.I. No. 124 of 2018.

E22
Previous affecting provision: application of subs. (8) restricted (6.07.1999) by Regional Technical Colleges (Amendment) Act 1999 (20/1999), s. 9(8), commenced on enactment; section substituted as per F-note above.

Section 11A
F37[

Provisions in relation to certain staff.

11A.—(1)(a) A college may appoint such and so many persons to be members of the staff of the college (in addition to the Director) as, subject to the approval of An tÚdarás given with the concurrence of the Minister and the Minister for Finance, the governing body from time to time thinks proper.

F38[(b) The Minister or, at the request of the Minister, An tÚdarás, shall give notice in writing informing the governing body of the policies of the Government or the Minister relating to recruitment and selection of staff (including the Director) and the college, in recruiting or selecting staff, shall establish procedures that comply with those policies.]

(2) Subject to section 12, the members of the staff of a college shall be employed on such terms and conditions as the college (subject to the approval of the Minister given with the concurrence of the Minister for Finance) from time to time determines.

(3) A college may suspend or dismiss a member of its staff, but only in accordance with procedures and subject to any conditions determined by the college, following consultations by it with recognised staff associations or trade unions; those procedures and conditions may provide for the delegation of powers relating to suspension or dismissal to the Director.

(4) Subsection (3) shall apply to all members of the staff of a college, except those officers to whom subsections (3) and (4) (inserted by the Institutes of Technology Act 2006) of section 12 apply. ]

Annotations

Amendments:

F37
Inserted (1.02.2007) by Institutes of Technology Act 2006 (25/2006), s. 13, S.I. No. 36 of 2007.

F38
Substituted (24.04.2018) by Technological Universities Act 2018 (3/2018), s. 86(a), S.I. No. 124 of 2018.

F39
Deleted (24.04.2018) by Technological Universities Act 2018 (3/2018), s. 86(b), S.I. No. 124 of 2018.

Editorial Notes:

E23
Transitional provisions in relation to processes which may result in the suspension or dismissal of staff on establishment of a technological university or dissolution of an applicant college made (24.04.2018) by Technological Universities Act 2018 (3/2018), s. 62, S.I. No. 124 of 2018.

Section 12

Provisions in relation to existing staff.

12.—(1) (a)Every person who, immediately before the establishment date, is employed by a vocational education committee in an institution specified in the First Schedule to this Act or specified in section 3 (1) (b) of this Act or in an educational institution or part of such an institution to which an order made under section 3 (2) or 3 (3) of this Act relates as an officer or servant thereof shall, on the establishment date, become and be an officer or servant of the college as appropriate.

(b) Every person who, immediately before the establishment date, is employed by a vocational education committee and whose work is concerned with the administration of any such institution or part of an institution and who is designated by the Minister for employment by the college shall, with effect from the establishment date, become and be an officer or servant of the college as appropriate.

(c) A person who, at the commencement of this Act, is employed as the Principal or the Director of an institution specified in section 3 (1) (b) of this Act shall, if such person so consents, be Head of one of the schools established by that provision.

(d) A person to whom subsection (1) applies shall not, while in the service of a college, receive less remuneration or be subject to less beneficial conditions of service than the remuneration approved by the Minister with the concurrence of the Minister for Finance to which that person was entitled and the conditions of service approved by the Minister to which that person was subject prior to the establishment date.

(e) The conditions of service, restrictions, requirements and obligations to which any such person was subject immediately before the establishment date shall, unless they are varied by agreement, continue to apply to that person, and shall be exercised or imposed by the college or the Director, as may be appropriate, while that person is in the service of the college.

(2) (a) The college may, following consultation with any recognised staff associations or trade unions concerned, redistribute or rearrange the duties to be performed by officers or servants to whom subsection (1) applies and every such officer or servant shall be bound to perform the duties allocated to that officer or servant in any such redistribution or rearrangement.

(b) A redistribution or rearrangement referred to in paragraph (a) of this subsection shall not be taken to be removal from or abolition of office for the purpose of any scheme or enactment relating to superannuation or compensation for loss of office.

F40[(3) F41[…]

(4) F41[…]]

Annotations

Amendments:

F40
Inserted (1.02.2007) by Institutes of Technology Act 2006 (25/2006), s. 14, S.I. No. 36 of 2007.

F41
Repealed (24.04.2018) by Technological Universities Act 2018 (3/2018), s. 87(1)(a), S.I. No. 124 of 2018, subject to transitional provisions in subs. (2).

Modifications (not altering text):

C6
Certain repealed provisions retained for purposes of section (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s. 69(a), S.I. No. 211 of 2013.

Saver (Regional Technical Colleges Act 1992 and Dublin Institute of Technology Act 1992).

69.—Notwithstanding the repeal of sections 105, 106 and 107 of the Act of 1930, and sections 7 and 8 of the Act of 1944, by section 4 (1), those provisions shall continue to apply as if they had not been repealed for the purposes of—

(a) section 12 (amended by section 14 of the Institutes of Technology Act 2006) of the Regional Technical Colleges Act 1992, and

…

Section 13
F42[

Budgets.

13.—F43[(1) An tÚdarás shall, on or before the first day of March in each year, notify the Director of the funding (in this section referred to as “allocated funding”) to be provided by An tÚdarás for that year to a college, from moneys provided to An tÚdarás under F44[section 19 of the Higher Education Authority Act 2022].]

F43[(2) The Director shall, on or before the first day of April in each year, or such other date as An tÚdarás may approve, prepare and submit following approval by the governing body, to An tÚdarás, in such form and manner as may from time to time be approved by An tÚdarás, a statement of the proposed expenditure and, other than allocated funding, expected income of the college for that year.]

F45[(2A)The allocated funding and the expected income of the college referred to in subsection (2), shall be the budget of the college for that year.]

(3) Where the budget of a college has been determined, it shall be a function of the Director, acting on the authority of the governing body, to carry it into effect.

(4) An tÚdarás may at any time, F46[on an application in that behalf being made to it by] by the governing body of a college, increase the amount of money to be allocated to the college from moneys provided to An tÚdarás.

(5) Where the Director of a college is of opinion that—

(a) the actual expenditure in a F47[…] year, or

(b) a proposed course of action,

taking into account any increased allocation under subsection (4), will or is likely to result in expenditure in excess of the budget for that F47[…] year (in this section referred to as a “material departure from the budget”), the Director shall so inform the governing body.

(6) Where the governing body, despite being so informed, decides—

(a) in the case of subsection (5)(a), not to decrease its actual expenditure, or

(b) in the case of subsection (5)(b), to continue with its proposed course of action,

the Director, as soon as practicable, shall, unless he or she considers that contrary to his or her foregoing opinion a material departure from the budget will not occur, inform An tÚdarás of the decision of the governing body.

(7) Where, notwithstanding this section, a college incurs expenditure in excess of its budget that is not met from the income of the college other than the money allocated to it by An tÚdarás, that excess shall be a first charge on the budget for the next succeeding F47[…] year.

F46[(8) Subject to subsection (9), a college or any company in which the college has a proprietary interest, may borrow money by means of a bank overdraft or otherwise and may guarantee or underwrite a loan taken or borrowing undertaken by a person or a body of persons.]

F46[(9) An tÚdarás may, from time to time with the approval of the Minister, the Minister for Public Expenditure and Reform and the Minister for Finance, make rules to be complied with by a college in relation to any borrowing, guaranteeing or underwriting under subsection (8), and any such rules, which may be amended in like manner to which they are made, shall include rules relating to—

(a) the purposes for which any proposed borrowing, guaranteeing or underwriting may be undertaken by a college,

(b) the demonstration by a college of its ability to meet the costs arising from any such borrowing, guaranteeing or underwriting,

(c) the identification of the potential for any such proposed borrowing, guaranteeing or underwriting to give rise to additional costs for the State,

(d) the requirement to obtain the prior approval of An tÚdarás before borrowing, guaranteeing or underwriting where paragraph (c) applies, and

(e) the provision by a college to An tÚdarás of information relating to any borrowing, guaranteeing or underwriting undertaken under subsection (8).]]

F48[(10) Where An tÚdarás makes or amends rules under subsection (9) it shall—

(a) so notify, and furnish a copy of the rules or amendments to, the governing body of each college, and

(b) arrange for the rules or amendments to be published on the internet.]

Annotations

Amendments:

F42
Substituted (1.02.2007) by Institutes of Technology Act 2006 (25/2006), s. 15, S.I. No. 36 of 2007.

F43
Substituted (1.01.2019) by Technological Universities Act 2018 (3/2018), s. 88(1)(a), (b), S.I. No. 124 of 2018, subject to delayed application from next year beginning after coming into operation of subs. (1) as provided in subs. (2).

F44
Substituted (10.11.2022) by Higher Education Authority Act 2022 (31/2022), s. 145, sch. 4, S.I. No. 554 of 2022

F45
Inserted (1.01.2019) by Technological Universities Act 2018 (3/2018), s. 88(1)(c), S.I. No. 124 of 2018, subject to delayed application from next year beginning after coming into operation of subs. (1) as provided in subs. (2).

F46
Substituted (24.04.2018) by Technological Universities Act 2018 (3/2018), s. 88(1)(d), (g), (h), S.I. No. 124 of 2018.

F47
Deleted (24.04.2018) by Technological Universities Act 2018 (3/2018), s. 88(1)(e), (f), S.I. No. 124 of 2018.

F48
Inserted (24.04.2018) by Technological Universities Act 2018 (3/2018), s. 88(1)(i), S.I. No. 124 of 2018.

Editorial Notes:

E24
Previous affecting provision: subs. (9) amended (6.07.2011) by Ministers and Secretaries (Amendment) Act 2011 (10/2011), s. 71, s. 1(2) and S.I. No. 401 of 2011; subsection substituted as per F-note above.

Section 14
Annual report and information.

14.—F49[(1) The governing body of a college shall, as soon as may be, but not later than 3 months, after the end of each academic year, prepare and publish a report of its proceedings during that year in such form as may be determined by An tÚdarás and provide a copy of such report to An tÚdarás and the Minister. ]

(2) The governing body shall supply to the Minister and to F50[An tÚdarás] such information regarding the performance of its functions as may from time to time be required.

F51[(2A) F52[…]]

F53[(3) A college shall supply to An tÚdarás such information as An tÚdarás may from time to time request relating to the number of persons employed by the college, their composition by grade, their terms and conditions of employment (including their remuneration, fees, allowances, expenses and superannuation) and any other related matters.]

F51[(4) F52[…]]

Annotations

Amendments:

F49
Substituted (1.02.2007) by Institutes of Technology Act 2006 (25/2006), s. 16(a), S.I. No. 36 of 2007.

F50
Substituted (1.02.2007) by Institutes of Technology Act 2006 (25/2006), s. 16(b), S.I. No. 36 of 2007.

F51
Inserted (24.04.2018) by Technological Universities Act 2018 (3/2018), s. 89, S.I. No. 124 of 2018.

F52
Repealed (10.11.2022) by Higher Education Authority Act 2022 (31/2022) s. 5(1) and sch. 1 part 1, S.I. No. 554 of 2022.

F53
Inserted (1.02.2007) by Institutes of Technology Act 2006 (25/2006), s. 16(c), S.I. No. 36 of 2007.

Section 15
Grants.

15.—F54[…]

Annotations

Amendments:

F54
Deleted (1.02.2007) by Institutes of Technology Act 2006 (25/2006), s. 17, S.I. No. 36 of 2007.

Editorial Notes:

E25
Previous affecting provision: application of section extended (2.12.1994) by Regional Technical Colleges (Amendment) Act 1994 (20/1999), s. 5(3); repealed as per F-note above.

Section 16
F55[

Keeping of accounts and records.

16.—(1) A college shall keep, in such form as may be approved by An tÚdarás, all proper and usual accounts and records of all income received or expenditure incurred by it.

(2) Accounts kept in pursuance of subsection (1) shall, to the extent directed by the Comptroller and Auditor General, be submitted annually by a college to the Comptroller and Auditor General, for audit, by such date as the Comptroller and Auditor General may from time to time determine, and, immediately after the audit, a copy of the accounts, together with a copy of the report of the Comptroller and Auditor General on the accounts, shall be presented by the college to An tÚdarás and to the Minister.

(3) The Minister shall cause copies of the accounts presented under this section to the Minister by the college, together with copies of the report of the Comptroller and Auditor General on those accounts, to be laid before each House of the Oireachtas.]

Annotations

Amendments:

F55
Substituted (1.02.2007) by Institutes of Technology Act 2006 (25/2006), s. 18, S.I. No. 36 of 2007.

Section 17

Fees and charges.

17.—The college may charge fees or admission charges and such other charges of such amounts as may from time to time be determined by its governing body subject to such conditions as may be specified by the Minister from time to time for courses, lectures, examinations, exhibitions and other events held at or by the college and for other activities including research, consultancy and development work undertaken by the college.

Section 18

Transfer of property and liabilities.

18.—(1) All land which, immediately before the establishment date, stood vested in a vocational education committee or the Minister for the purposes of a college or for the purposes of an educational institution or part of such an institution to which an order made under section 3 (3) of this Act relates shall stand vested in the college without any conveyance or assignment and no such property or part thereof or estate or interest therein or right thereover shall be disposed of except with the approval of the Minister F56[…].

(2) On the establishment date, the following shall be and hereby are transferred to the college—

(a) all property (other than land) and rights held or enjoyed immediately before the establishment date by the vocational education committee for or in connection with the functions of the college, or of an educational institution or part of such an institution to which an order made under section 3 (3) of this Act relates,

(b) all liabilities incurred before the establishment date by the vocational education committee for the purposes of or in connection with the college or any such educational institution or part thereof that had not been discharged before the establishment date,

and, accordingly, without any further transfer or assignment—

(i) the said property shall, on the establishment date, vest in the college but subject to all trusts and equities affecting the property and capable of being performed,

(ii) the said rights, shall, on and from the establishment date, be enjoyed by the college,

(iii) the said liabilities shall, on and from the establishment date, be the liabilities of the college.

(3) A college may recover from the vocational education committee such moneys as may be approved by the Minister in respect of liabilities arising under subsection (2) and the vocational education committee shall cause these moneys to be paid to the governing body of the college immediately upon the direction of the Minister.

(4) All moneys, stocks, shares and securities transferred to a college by this section that, immediately before the establishment date are standing in the name of the vocational education committee, shall, upon the request of the governing body of that college, be transferred into its name.

(5) Every right and liability transferred by this section to a college may, on or after the establishment date, be sued on, recovered or enforced by or against the college in its own name and it shall not be necessary for the college to give notice to any person whose right or liability is transferred by this section of the transfer.

(6) In subsections (1) and (2) a reference to a college, in relation to a time before the establishment date, shall be construed as a reference to every institution or part of an institution which from such date comprised or became part of the college.

(7) F57[…]

(8) Whenever a question arises as to whether land stood vested for the purposes of a college or of an institution or part of an institution to which an order made under section 3 (3) of this Act relates or whenever a question arises with regard to rights and liabilities transferred by this section such question shall be referred by the vocational education committee to the Minister and the decision of the Minister thereon shall be final.

Annotations

Amendments:

F56
Deleted (1.02.2007) by Institutes of Technology Act 2006 (25/2006), s. 19, S.I. No. 36 of 2007.

F57
Deleted (27.03.1998) by Finance Act 1998 (3/1998), s. 125 and sch. 8, commenced on enactment.

Section 19
Preservation of contracts and continuance of legal proceedings.

19.—(1) Every contract which was entered into in relation to a college or in relation to an educational institution or part of such an institution to which an order made under section 3 (3) of this Act relates and is in force immediately before the establishment date between the vocational education committee and any person shall continue in force on and after the establishment date, but shall be construed and have effect as if the college were substituted therein for the vocational education committee and every such contract shall be enforceable by or against the college accordingly.

(2) Where, immediately before the establishment date, any legal proceedings are pending to which the vocational education committee is a party and the proceedings have reference to a college or to an educational institution or part of such an institution to which such order relates, the name of the college shall be substituted in the proceedings for that of the vocational education committee and the proceedings shall not abate by reason of such substitution.

(3) This section does not apply to any contract or proceedings in relation to land.

(4) In this section, a reference to a college, in relation to a time before the establishment date, shall be construed in accordance with subsection (6) of section 18 of this Act.

Section 20
Inspection.

20. F58[…]

Annotations

Amendments:

F58
Repealed (10.11.2022) by Higher Education Authority Act 2022 (31/2022), s. 5(1), sch. 1 part 1, S.I. No. 554 of 2022.

Editorial Notes:

E26
Previous affecting provision: section substituted (24.04.2018) by Technological Universities Act 2018 (3/2018), s. 90, S.I. No. 124 of 2018; repealed as per F-note above.

E27
Previous affecting provision: section substituted (1.02.2007) by Institutes of Technology Act 2006 (25/2006), s. 20, S.I. No. 36 of 2007; substituted as per E-note above.

Section 21
Modification of section 7(5) of Vocational Education (Amendment) Act, 1944.

21.—(1) Notwithstanding the provisions of subsection (5) of section 7 of the Vocational Education (Amendment) Act, 1944, whenever an officer of a vocational education committee is suspended under section 7 of that Act the committee may, if it thinks fit, make with the consent of the Minister payments ex-gratia to the suspended officer in lieu of the remuneration which, but for that suspension, would have been payable to that officer.

(2) Any sum paid under subsection (1) of this section shall be repayable by the officer to the vocational education committee and may be deducted from any moneys payable by the committee to that officer.

(3) Any sum paid under subsection (1) shall not be reckoned as salary or emolument for the purposes of the Local Government (Superannuation) Act, 1980.

(4) This section shall apply to officers of a college F59[to whom subsections (3) and (4) (inserted by the Institutes of Technology Act 2006) of section 12 apply] suspended under this Act as it applies to officers of a vocational education committee with the substitution, in subsection (1), for “the committee may, if it thinks fit,” of “the college may, if its governing body thinks fit,” and, in subsection (2), of references to the college for references to such committee.

Annotations

Amendments:

F59
Inserted (1.02.2007) by Institutes of Technology Act 2006 (25/2006), s. 21, S.I. No. 36 of 2007.

Editorial Notes:

E28
Transitional arrangement for continued ex gratia payments in certain circumstances made (24.04.2018) by Technological Universities Act 2018 (3/2018), s. 87(2)(c), S.I. No. 124 of 2018.

Section 21A 21A
F60[

Reserved functions.

21A.—(1) Each college shall perform by resolution of its governing body such of the functions as are declared by this Act to be reserved functions and ‘reserved function’ shall in this Act be construed and have effect accordingly.

(2) The functions under sections 5(1)(a) to (j), 7, 9, 10, 21C, 21D and 21E are declared to be reserved functions.

(3) Any dispute as to whether or not a particular function is a reserved function shall be determined by the Minister.

(4) A Director shall assist the governing body in the performance of its reserved functions, in such manner as the governing body may require.

(5) A governing body shall not perform by resolution of its members, or give a direction in relation to the performance of, a function that is not a reserved function.]

Annotations

Amendments:

F60
Inserted (1.02.2007) by the Institutes of Technology Act 2006 (25/2006), s. 22, S.I. No. 36 of 2007.

Section 21B
F61[

Executive functions.

21B.—(1) Every function that is not a reserved function shall be an executive function, and “executive function” shall, in this Act, be construed and have effect accordingly.

(2) Executive functions shall be performed by the Director.

(3) A Director shall provide such information to the governing body regarding the performance of his or her functions as the governing body may from time to time require.

(4) A Director shall provide such information to the Minister or An tÚdarás regarding the performance of his or her functions as the Minister or An tÚdarás, as the case may be, may from time to time require.]

Annotations

Amendments:

F61
Inserted (1.02.2007) by Institutes of Technology Act 2006 (25/2006), s. 22, S.I. No. 36 of 2007.

Section 21C
F62[

Strategic development plan.

21C.—(1) A governing body shall, as soon as practicable but not later than 12 months after the commencement of this section and at such other times as it thinks fit, require the Director to prepare a plan (in this Act referred to as a “strategic development plan”) that shall set out the aims of the governing body for the operation and development of the college and its strategy for achieving those aims, and for carrying out the functions under this Act, during the period, being not less than three years, to which the plan relates.

F63[(1A) A governing body shall, for the purposes of preparing a strategic development plan, consult with —

(a) the Minister,

(b) such other Ministers of the Government as the governing body considers appropriate,

(d) the students or the student union of the college,

(e) the members of the staff of the college or the trades unions or staff associations of those members of staff,

(f) the academic council of the college,

(g) the education and training board in whose education and training board area the campus of the college is located or such other education and training board as the governing body considers appropriate,

(h) a local authority in whose functional area the campus of the college is located, and

(i) such other body or person as the governing body considers appropriate.]

(2) A governing body may either approve the strategic development plan prepared without modification or, after consultation with the Director, approve the plan with such modifications as it thinks fit; in exercising its powers under this subsection the governing body shall have regard to the resources available to the college.

(3) As soon as practicable after it approves the strategic development plan under subsection (2), the governing body shall provide a copy of the plan to An tÚdarás and to the Minister.]

Annotations

Amendments:

F62
Inserted (1.02.2007) by Institutes of Technology Act 2006 (25/2006), s. 22, S.I. No. 36 of 2007.

F63
Inserted (10.11.2022) by Higher Education Authority Act 2022 (31/2022), s. 112, S.I. No. 554 of 2022.

Section 21D
F64[

Equality policy.

21D.—(1) A governing body shall, as soon as practicable but not later than 12 months after the commencement of this section and at such other times as it thinks fit, require the Director to prepare a statement of the policies of the college in respect of—

(a) access to education in the college by economically or socially disadvantaged persons, by persons who have a disability and by persons from sections of society significantly under-represented in the student body, and

(b) equality, including gender equality, in all activities of the college,

and the Director, in preparing the statement, shall have regard to such policies on those matters as may from time to time be determined by the Minister.

F65[(1A) A governing body shall, for the purposes of preparing a statement under subsection (1), consult with —

(a) the Minister,

(b) such other Ministers of the Government as the college considers appropriate,

(d) the students or the student union of the college,

(e) the members of the staff of the college or the trades unions or staff associations of those members of staff,

(f) the academic council of the college,

(h) a local authority in whose functional area the campus of the college is located, and

(i) such other body or person as the governing body considers appropriate.]

(2) A governing body may either approve the statement prepared under subsection (1) without modification or, after consultation with the Director, approve the statement with such modifications as it thinks fit; in exercising its powers under this subsection the governing body shall have regard to the resources available to the college.

(3) A college shall implement the policies set out in the statement as approved under subsection (2). ]

Annotations

Amendments:

F64
Inserted (1.02.2007) by Institutes of Technology Act 2006 (25/2006), s. 22, S.I. No. 36 of 2007.

F65
Inserted (10.11.2022) by Higher Education Authority Act 2022 (31/2022), s. 113, S.I. No. 554 of 2022.

Section 21E
F66[

Dispute resolution.

21E.—(1) A governing body shall establish procedures for the resolution of disputes that arise in the college.

(2) Subsection (1) shall not apply to industrial relations disputes, which shall be dealt with through normal industrial relations structures operating in the college.

(3) Procedures established under subsection (1) shall—

(a) be embodied in writing,

(b) be established following consultation with recognised staff associations and trade unions representing the staff of the college and with the students union or other student representative body, and

Annotations

Amendments:

F66
Inserted (1.02.2007) by Institutes of Technology Act 2006 (25/2006), s. 22, S.I. No. 36 of 2007.

Section 21F
F67[

Reviews.

21F.—An tÚdarás may review—

(a) the strategic development plan prepared in accordance with section 21C, and

(b) the policies set out in the statement prepared under section 21D and their implementation by the college,

and may, following consultation with the college, publish a report, in such form and manner as it thinks fit, on the outcome of any such review.]

Annotations

Amendments:

F67
Inserted (1.02.2007) by Institutes of Technology Act 2006 (25/2006), s. 22, S.I. No. 36 of 2007.

Section 21G
F68[

Review of matter and report by governing body of college.

21G.—(1) If a governing body has concerns regarding a matter relating to the governance, or the performance of the functions of the college, the governing body shall arrange for a review of the matter to be undertaken.

(2) A governing body may appoint such person as it considers appropriate (in this section referred to as a “reviewer”) to carry out a review of the matter concerned.

(3) A reviewer may request such information and assistance as he or she may require for the purposes of the review from the governing body, the Director and the members of the staff of the college and the governing body, the Director and the members of the staff of the college shall comply with any such request.

(4) A reviewer shall review the matter concerned and shall prepare a report of the outcome of the review and any recommendation made arising therefrom and shall provide a copy of the report to the governing body and the Director.

(5) A governing body shall, if recommended to do so by the report prepared by a reviewer, take such measures as it considers appropriate with regard to the matter concerned.

(6) A governing body shall retain a copy of a report of the outcome of any review undertaken under subsection (1) and shall provide a report to An tÚdarás annually or, more frequently, if so requested by An tÚdarás on the outcome of any review undertaken by the governing body under that subsection, including any measures taken under subsection (5).]

Annotations

Amendments:

F68
Inserted (10.11.2022) by Higher Education Authority Act 2022 (31/2022), s. 114, S.I. No. 554 of 2022.

Editorial Notes:

E29
The section heading is taken from the amending section in the absence of one included in the amendment.

Section 22
Expenses.

22.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Section 23

Regulations.

23.—(1) The Minister may make such regulations with regard to the operation of the colleges as the Minister may from time to time see fit.

(2) Every regulation made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if either such House, within the next twenty-one days on which that House has sat after such regulation is laid before it, passes a resolution annulling the regulation or any part of it, the regulation or such part thereof shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Section 23A
F69[

Effect of certain orders.

23A.—(1) Each order made under section 3 shall, during the relevant period, be deemed always to have been valid.

(2) In this section “relevant period” means the period beginning on the making of the order concerned referred to in subsection (1) and ending on the commencement of section 4 of the Institutes of Technology Act 2006.]

Annotations

Amendments:

F69
Inserted (1.02.2007) by Institutes of Technology Act 2006 (25/2006), s. 23, S.I. No. 36 of 2007.

Section 24
Short title.

24.—This Act may be cited as the Regional Technical Colleges Act, 1992.

Schedule 1
FIRST SCHEDULE

The Colleges

F70[ Name of College.

F71[…]

(1)

(2)

F72[…]

F71[…]

F73[…]

F71[…]

F74[…]

F71[…]

F75[…]

F71[…]

Institiúid Teicneolaíochta Dhún Dealgan.

Dundalk Institute of Technology.

F71[…]

Institiúid Ealaíne, Deartha agus Teicneolaíochta Dhún Laoghaire.

Dún Laoghaire Institute of Art, Design and Technology.

F71[…]

F76[…]

F71[…]

F76[…]

F71[…]

F72[…]

F71[…]

F76[…]

F71[…]

F73[…]

F71[…]

F75[…]

F71[…]

F74[…]

F71[…]]

Annotations

Amendments:

F70
Substituted (1.02.2007) by Institutes of Technology Act 2006 (25/2006), s. 24, S.I. No. 36 of 2007.

F71
Deleted (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s. 72(1) and sch. 6 item 12, S.I. No. 211 of 2013.

F72
Deleted (1.10.2021) by Technological Universities Act 2018 (3/2018), ss. 6(1), 36, 43, S.I. No. 360 of 2021.

F73
Deleted (1.01.2019) by Technological Universities Act 2018 (3/2018), ss. 6(1), 36, 43, S.I. No. 437 of 2018.

F74
Deleted (1.05.2022) by Technological Universities Act 2018 (3/2018), ss. 6(1), 36, 43, S.I. No. 175 of 2022.

F75
Deleted (1.01.2021) by Technological Universities Act 2018 (3/2018), ss. 6(1), 36, 43, S.I. No. 568 of 2021.

F76
Deleted (1.04.2022) by Technological Universities Act 2018 (3/2018), ss. 6(1), 36, 43, S.I. No. 56 of 2022.

Editorial Notes:

E30
Previous affecting provision: schedule amended (6.07.1999) by Regional Technical Colleges (Amendment) Act 1999 (20/1999), s. 4(2)(a), (b); schedule substituted as per F-note above.

E31
Previous affecting provision: schedule amended (28.01.1998) by Regional Technical Colleges Act 1992 (Change of Name of College) Order 1998 (S.I. No. 19 of 1998), art. 3; substituted as per F-note above.

E32
Previous affecting provision: schedule (18.12.1997) by Regional Technical Colleges Act 1992 (Change of Name of College) Order 1997 (S.I. No. 512 of 1997), art. 2(2); substituted as per F-note above.

E33
Previous affecting provision: schedule amended (7.05.1997) by Regional Technical Colleges Act 1992 (Amendment) (No. 2) Order (S.I. No. 199 of 1997), art. 2(2), in effect as per art. 1(2); substituted as per F-note above.

E34
Previous affecting provision : schedule amended (1.04.1997) by Regional Technical Colleges Act 1992 (Amendment) Order 1997 (S.I. No. 149 of 1997), art. 2, in effect as per art. 1(2); substituted as per F-note above.

Schedule 2
F77[SECOND SCHEDULE

The Governing Body

Section 6.

1. (1) The governing body shall retain in its possession a seal of the college.

(2) The seal of the college shall be authenticated by the signature of the chairperson or a member of the governing body authorised by the governing body to act in that behalf and by the signature of an officer of the college authorised to act in that behalf.

(3) Judicial notice shall be taken of the seal and any document purporting to be an instrument made by, and sealed with the seal of, the college shall, unless the contrary is shown, be received in evidence and taken to be such an instrument without further proof.

2. (1) A member of the governing body, other than the Director, shall, subject to the provisions of this Act, hold office upon such terms and conditions (including terms and conditions relating to remuneration and allowances for expenses) as may be determined by the Minister, with the consent of the Minister for Public Expenditure and Reform.

(2) There may be paid by the governing body to its members, other than the Director, such remuneration (if any) and such allowances for expenses (if any) as the Minister, with the approval of the Minister for Public Expenditure and Reform, may determine.

3. (1) A member of the governing body, other than the Director, may resign from office by giving notice in writing to the chairperson (or if the member concerned is the chairperson, to the Director) of his or her resignation and the resignation shall take effect on the day when the chairperson, or as the case may be, the Director receives the notice.

(2) Where the chairperson of the governing body resigns as chairperson he or she shall at the same time cease to be a member of the governing body.

(3) The governing body may at any time remove from office a member of the governing body if, in the opinion of the governing body—

(a) the member has become incapable through ill-health of performing his or her functions,

(b) the member has committed stated misbehaviour, or

(c) the removal of the member appears to be necessary for the effective performance by the governing body of its functions.

(4) A member of the governing body shall cease to be qualified for office and shall cease to hold office if he or she—

(a) is adjudicated bankrupt,

(b) makes a composition or arrangement with creditors,

(d) is convicted of any indictable offence in relation to a company or any other body corporate,

(e) is convicted of an offence involving fraud or dishonesty,

(f) has a declaration under section 819 of the Companies Act 2014 made against him or her or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act, or

(g) is subject or is deemed to be subject to a disqualification order, within the meaning of Chapter 4 of Part 14 of the Companies Act 2014, whether by virtue of that Chapter or any other provision of that Act.

4. (1) If a member of the governing body, other than the Director, dies, resigns, ceases to be qualified for or ceases, for any reason, to be a member of the governing body, the governing body may appoint a person to fill the casual vacancy.

(2) A person appointed to be a member of the governing body pursuant to subparagraph (1)—

(a) shall be representative of the person, referred to in paragraph (a), (b), (d) or (e) of section 6(4), who occasioned the casual vacancy,

(b) shall hold office for so much of the term of office of the member who occasioned the casual vacancy concerned as remains unexpired at the date of the appointment, and

5. (1) The governing body shall hold not less than 6 meetings in every 12 month period and such and so many additional meetings as may be necessary, as determined by the chairperson, for the due fulfilment of its functions.

(2) The chairperson shall convene a meeting of the governing body when requested to do so by not less than the number of members that constitutes a quorum.

(3) The quorum for a meeting of the governing body shall be set by the governing body at its first meeting and may be amended from time to time in accordance with standing orders under paragraph 11.

(4) At a meeting of the governing body it shall appoint from amongst its members a member (other than the Director) to be its deputy-chairperson and the deputy-chairperson shall, unless he or she sooner resigns as deputy-chairperson, hold office until he or she ceases to be a member of the governing body.

(5) At a meeting of the governing body—

(a) the chairperson shall, if present, be the chairperson of the meeting,

(b) if and so long as the chairperson is not present or if the office of chairperson is vacant, the deputy-chairperson, if present, shall be chairperson of the meeting, and

(c) if and so long as the chairperson is not present or the office of chairperson is vacant, and the deputy-chairperson is not present or the office of deputy-chairperson is vacant, the members of the governing body who are present shall choose one of their number to be chairperson of the meeting.

(6) Every question at a meeting of the governing body shall be determined by a majority of the votes of the members of the governing body present and voting on the question, and, in the case of an equal division of votes, the chairperson of the meeting shall have a second or casting vote.

(7) Subject to subparagraph (3), the governing body may act notwithstanding one or more vacancies among its members.

(8) The governing body may hold or continue a meeting by the use of any means of communication by which all the members can hear and be heard at the same time (in this Schedule referred to as an “electronic meeting”).

(9) A member of the governing body who participates in an electronic meeting is taken for all purposes to have been present at the meeting.

6. (1) he governing body may establish committees (including committees relating to audit and risk management functions), consisting in whole or in part of persons who are members of the governing body or members of staff of the college to assist and advise it in relation to the performance of any of its functions.

(2) In appointing members of a committee established under this paragraph, the governing body shall have regard to—

(a) the range of qualifications and experience necessary for the proper and effective discharge of the functions of the committee, and

(b) the objective that not less than 40 per cent of members of the committee shall be women and not less than 40 per cent of them shall be men.

(3) The governing body may pay to members of a committee established under this paragraph such expenses incurred by them as the governing body may, with the consent of the Minister and the Minister for Public Expenditure and Reform, determine.

(4) The governing body may remove a member of a committee established under this paragraph from the committee at any time.

(5) The acts of a committee shall be subject to confirmation by the governing body, unless the governing body otherwise determines.

(6) The governing body may determine the terms of reference and regulate the procedure of a committee established under this paragraph.

(7) The governing body may appoint a person to be chairperson of a committee established under this paragraph.

(8) A committee shall provide the governing body with such information as the governing body may from time to time require, in respect of the activities and operations of the committee, for the purposes of the performance by the governing body of its functions.

(9) The governing body may at any time dissolve a committee established under this paragraph.

7. (1) Where a member of the governing body is—

(a) nominated as a member of Seanad Éireann,

(b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament, or

(c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to that Parliament,

he or she shall thereupon cease to be a member of the governing body.

(2) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit in that House or who is a member of the European Parliament shall be disqualified, while he or she is so entitled or is such a member, from being a member of the governing body or a member of a committee established under paragraph 6.

8. (1) Subparagraph (2) applies where, at a meeting of the governing body, any of the following matters arise, namely—

(a) an arrangement to which the governing body is a party,

(b) an arrangement to which the governing body proposes to become a party,

(d) a proposed contract or other agreement with the governing body.

(2) A member of the governing body present at the meeting referred to in subparagraph (1) who has a pecuniary interest or other beneficial interest in, or material to, the matter concerned shall—

(a) disclose to the governing body at the meeting the fact of that interest and its nature,

(b) not influence (or seek to influence) a decision to be made in relation to the matter,

(d) take no part in any deliberation of the governing body relating to the matter, and

(e) not vote on a decision relating to the matter.

(3) Where an interest is disclosed pursuant to this paragraph, the disclosure shall be recorded in the minutes of the meeting concerned and, for so long as the matter to which the disclosure relates is being dealt with by the meeting, the member of the governing body by whom the disclosure is made shall not be counted in the quorum for the meeting.

(4) Where, at a meeting of the governing body, a question arises as to whether or not a course of conduct, if pursued by a member of the governing body, would constitute a failure by him or her to comply with the requirements of subparagraph (2), the question may, subject to subparagraph (5), be determined by the chairperson of the meeting, whose decision shall be final, and where the question is so determined, particulars of the determination shall be recorded in the minutes of the meeting.

(5) Where, at a meeting of the governing body, the chairperson of the meeting is the member in respect of whom a question to which subparagraph (4) applies falls to be determined, the other members of the governing body attending the meeting shall choose one of their number to be chairperson of the meeting for the purpose of determining the question concerned.

9. Paragraph 8 shall apply to a member of a committee established under paragraph 6 where the member is not also a member of the governing body and for the purposes of that application—

(a) a reference to a member of the governing body shall be construed as reference to a member of the committee, and

(b) a reference to the governing body shall be construed as reference to the committee.

10. (1) A person shall not disclose confidential information obtained by him or her while performing functions as—

(a) a member of or an adviser or consultant to the governing body, or a member of the staff of such an adviser or consultant, or

(b) a member of a committee established under paragraph 6,

unless he or she is authorised by the governing body to so do.

(2) A person who contravenes subparagraph (1) commits an offence.

(3) Nothing in this paragraph shall prevent the disclosure of information—

(a) in a report made to the governing body,

(b) by or on behalf of the governing body to the Minister,

(d) by a person in the circumstances referred to in section 35(2) of the Ethics in Public Office Act 1995.

(4) In this paragraph, “confidential information” includes—

(a) information that is expressed by the governing body to be confidential either as regards particular information or as regards information of a particular class or description, and

(b) information relating to proposals of a commercial nature or tenders submitted to the governing body by contractors, consultants or any other person.

11. Subject to this Act, the governing body shall regulate, by standing orders or otherwise, its procedure and business.

12. Subject to this Act, the governing body may make, amend or revoke rules (in this Act called “regulations of the college”) as it thinks fit for the conduct of the affairs of the college.]

Annotations

Amendments:

F77
Substituted (10.11.2022) by Higher Education Authority Act 2022 (31/2022), s. 115(1), S.I. No. 554 of 2022, subject to transitional provision in subs. (2).

Editorial Notes:

E35
Previous affecting provision: para. 1(5) deleted (1.02.2007) by Institutes of Technology Act 2006 (25/2006), s. 25(a), S.I. No. 36 of 2007; substituted by F-note above.

E36
Previous affecting provision: para. 3 amended (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s. 72(1) and sch. 6 item 12, S.I. No. 211 of 2013; substituted by F-note above.

E37
Previous affecting provision: para. 3(3) deleted (1.02.2007) by Institutes of Technology Act 2006 (25/2006), s. 25(a), S.I. No. 36 of 2007; substituted by F-note above.

E38
Previous affecting provision: para. 1(f) inserted (2.12.1994) by Regional Technical Colleges (Amendment) Act 1994 (29/1994), s. 6, commenced on enactment; substituted by F-note above.

E39
Previous affecting provision: para. 9(b) amended (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s. 72(1) and sch. 6 item 12, S.I. No. 211 of 2013; substituted by F-note above.

E40
Previous affecting provision: para. 14(e) amended (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s. 72(1) and sch. 6 item 12, S.I. No. 211 of 2013; substituted by F-note above.

E41
Previous affecting provision: schedule substituted by Technological Universities Act 2018 (3/2018), s. 91, not commenced; substituted by F-note above.

E42
Previous transitional provision: application of para. 3(1) modified (6.07.1999) by Regional Technical Colleges (Amendment) Act 1999 (20/1999), s. 5(12), commenced on enactment.

Schedule 3
F78[THIRD SCHEDULE

Director

Section 9.

1. The Director of a college shall, subject to this Act, manage and direct the carrying on by the college of its academic, administrative, financial, personnel and other activities and for those purposes has such powers as are necessary or expedient.

2. In performing his or her functions the Director shall be subject to such policies as may be determined from time to time by the governing body and shall be answerable to the governing body for the efficient and effective management of the college and for the due performance of his or her functions.

3. (1) A Director may delegate any of his or her functions to another member of the staff of the college, unless they are delegated to the Director subject to the condition that they shall not be delegated further; that other member shall be answerable to the Director for the performance of those functions.

(2) Notwithstanding any such delegation, the Director shall at all times remain answerable to the governing body in respect of the functions so delegated.

4. A Director shall not hold any other office or position without the consent of the governing body.

5. A Director shall be entitled to be a member of, and preside over, any and every committee appointed by the governing body, except where the governing body with the concurrence of An tÚdarás decides otherwise.

6. A Director shall be entitled to be a member of the academic council and, if present, shall preside at all meetings of that council; he or she shall be entitled to be a member of every committee established by that council.

F79[ 7. Unless he or she resigns, retires or is removed from office, a Director shall hold office for such period as the governing body, with the consent of the Minister, determines, but the period shall not exceed 10 years from the date of the Director’s appointment. ]

8. A Director shall, whenever required to do so by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, give evidence to that Committee on—

(a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General that the college is required by this Act to prepare,

(b) the economy and efficiency of the college in the use of its resources,

(c) the systems, procedures and practices employed by the college for the purpose of evaluating the effectiveness of its operations, and

(d) any matter affecting the college referred to in a special report of the Comptroller and Auditor General under section 11(2) of the Comptroller and Auditor General (Amendment) Act 1993, or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in subparagraph (a), (b) or (c)) that is laid before Dáil Éireann.

9. A Director, if required under paragraph 8 to give evidence, shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy.

10. From time to time and whenever so requested, a Director shall account for the performance of a college’s functions to a Committee of one or both Houses of the Oireachtas and shall have regard to any recommendations of such Committee relevant to these functions. ]

REGIONAL TECHNICAL COLLEGES (AMENDMENT) ACT, 1994

AN ACT TO AMEND THE REGIONAL TECHNICAL COLLEGES ACT, 1992 . [2nd December, 1994]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

The Principal Act.

1.—In this Act “the Principal Act” means the Regional Technical Colleges Act, 1992 .

Appointment of Commission.

2.—(1) Where the Minister is satisfied, after considering the report of a person appointed under section 20 of the Principal Act, that the affairs of a college are not being managed in an effective manner, the Minister may by order appoint a person or a body of persons, hereinafter referred to as the Commission, to carry out such and so many of the functions of any or all of the governing body, the chairman or the Director or of any of them as the Minister may determine and upon such appointment that body or person shall cease to exercise the functions thereby vested in the Commission.

(2) A Commission appointed under subsection (1) shall have all such powers as are necessary or expedient for the purpose of carrying out the functions so vested and shall be appointed on such terms and for such period as the Minister decides, provided that in no case shall a Commission be appointed for a period longer than two years.

(3) Upon the appointment of a Commission the governing body, the chairman and the Director shall be informed of the reasons therefor and that body or person may, within fourteen days from the date of the appointment of the Commission show cause to the Minister why any functions vested in the Commission should not have been so vested and request the Minister to revest those functions in that body or person.

(4) A Commission in carrying out its functions may consult with and request information concerning the management of the affairs of the college from the governing body, the chairman or the Director, and in any such case that body or person shall provide any such information as is requested.

(5) The Minister may—

(a) remove a Commission, or any member thereof, from office, or

(b) vary the number of persons on the Commission.

(6) Where a Commission or a member thereof is removed from office within the two year term referred to in subsection (2), or where a member resigns or dies in office the Minister may appoint another Commission or member as appropriate for the remainder of that term.

(7) Upon the termination of the appointment of a Commission, unless the Minister appoints another Commission, and in any case at the end of two years from the date of the first appointment, the functions vested in the Commission shall revest in the then acting governing body, chairman or Director.

(8) At any time prior to the termination of the appointment of a Commission, the Minister may by order revest any of the functions to which an order under subsection (1) applies in the body or person to which the order relates.

(9) The remuneration, if any, of every person appointed under subsection (1) or subsection (6) shall be paid out of moneys provided by the Oireachtas under the Principal Act.

(10) The Minister shall, by order, appoint a Commission to the Regional Technical College, Letterkenny, County Donegal, within 14 days of the passing of this Act.

(11) Every order made under subsection (1), other than the order to which subsection (10) relates, shall be laid before each House of the Oireachtas as soon as may be after it is made, and it shall not have effect unless and until a resolution has been passed by each House confirming the order, provided that if either House fails to pass such a resolution within 28 days of the order having been so laid and neither House has passed a resolution annulling the order, the order shall have effect at the end of that period.

(12) Where an order to which subsection (11) relates takes effect due to the failure of either House to pass a resolution confirming the order, that House may, within the next 21 days during which it has sat after the making of the order, pass a resolution annulling the order and the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Amendment of section 9 of the Principal Act.

3.—Section 9 of the Principal Act is hereby amended by the insertion of the following subsection:

“(4) Where an office of Director becomes vacant, the Minister may appoint a person to be the Director temporarily until a permanent appointment to the office is made and such temporary appointment may be terminated by the Minister at any time.”.

Governing body.

4.—(1) Upon the expiration of the term of office of a governing body, the ordinary members shall be appointed by the Minister, on the recommendation of the vocational education committee, in accordance with the following provisions:

(a) six persons of whom at least three shall be members of a local authority shall be nominated by the vocational education committee;

(b) if the region served by the college includes all or part of the functional area of one or more than one vocational education committee other than the vocational education committee in whose functional area the college is situated, the Minister may direct that one or more, but not more than four in all, of the persons to whom paragraph (a) relates, shall be nominated by such of those other committees as the Minister may specify;

(c) two persons, one of whom shall be a woman and one a man, being members of the academic staff of the college who are employed on a permanent, full-time basis or who are required, during the period beginning on the 1st day of September preceding the election and ending on the following 31st day of August, to teach not less than 280 time-tabled hours in the college, or such other number of hours as the Minster may from time to time specify, shall be elected by that staff in accordance with regulations made by the governing body;

(d) one person, being a member of the staff (other than the academic staff) of the College who are employed on a permanent, full-time basis or who are required, during the period beginning on the 1st day of September preceding the election and ending on the following 31st day of August, to work not less than 50 per cent. of the number of hours which a full-time member of such staff is required to work, shall be elected by that staff in accordance with regulations made by the governing body;

(e) two persons, one of whom shall be a woman and one a man, being registered students of the college, shall be chosen in accordance with regulations made by the governing body; and for the purposes of this provision registered students shall include full-time officers of the Students Union or other student representative body recognised by the governing body for that purpose;

(f) one person shall be nominated by the Irish Congress of Trade Unions;

(g) five persons shall be nominated by the vocational education committee from among persons nominated to that committee by such organisations as the college, on the recommendation of the academic council considers require representation having regard to the particular courses provided by the college, excluding interests otherwise represented on the governing body. Such organisations shall be representative of industry, agriculture, commerce, the professions and other interests as appropriate to the activities of the college.

(2) In making recommendations to the Minister pursuant to subsection (1), the vocational education committee shall—

(a) ensure that not fewer than seven of those so recommended are women and not fewer than seven are men, and

(b) make such recommendations subject to such directives as may be issued by the Minister from time to time, including directives relating to an appropriate gender balance among the persons nominated by the vocational education committee under paragraph (a) of subsection (1).

(3) Subsection (1) is in substitution for subsection (4) of section 6 of the Principal Act, which is hereby repealed, and any reference in the Principal Act to that subsection shall be read as a reference to subsection (1) of this section.

(4) The provisions of paragraph (c) of subsection (1) shall apply to any elections as provided therein, held with effect from the 1st day of April, 1994.

Default provisions.

5.—(1) Where the vocational education committee—

(a) fails to make recommendations in accordance with section 4 , or

(b) makes recommendations which do not allow the Minister to implement directives issued by her,

then the Minister, by notice in writing, shall inform the vocational education committee of the nature of its default and, within one month of the date of that notice, the vocational education committee shall make such revised recommendations as will amend that default.

(2) Where, at the end of the month provided for in subsection (1), the vocational education committee remains in default, the Minister shall inform it, by notice in writing, of the nature of that default and may thereafter appoint any body of persons as the Minister thinks fit to perform the functions of the governing body.

(3) The remuneration, if any, of every person appointed under subsection (2) shall be paid out of moneys provided by the Oireachtas under section 15 of the Principal Act.

(4) The body appointed under subsection (2) shall exercise the functions of the governing body for a period of one year or for such lesser period as the Minister, on its appointment, shall determine and at the end of that period the Minister shall appoint a governing body under section 6 of the Principal Act, or another body under this section where subsection (1) continues to apply.

Amendment of the Second Schedule to the Principal Act.

6.—The Second Schedule to the Principal Act is hereby amended by the insertion of the following in subparagraph (1) of paragraph 6:

“or

(f) who was appointed on foot of an election by the academic staff or by the non-academic staff of the college, ceases to be a member of such staff,”.

Failure by governing body to make regulations.

7.—(1) Where the term of office of a governing body comes to an end before that body has made valid regulations in respect of the holding of any or all of the elections provided for in section 4 , the Minister may appoint a governing body with such lesser number of members than is provided for in subsection (1) of that section, as can be appointed in the absence of such regulations.

(2) A governing body appointed under subsection (1) shall, within two months of the date of the notice of its appointment, make the regulations referred to in subsection (1) and shall cause the elections, referred to therein, to be held in accordance with such regulations.

(3) Upon the holding of the elections referred to in subsection (1) and within one month of the date thereof, the Minister shall appoint those remaining members of a governing body recommended for appointment by the vocational education committee.

(4) This section shall be deemed to have come into effect on the 1st day of January, 1994.

Short title, collective citation and construction.

8.—(1) This Act may be cited as the Regional Technical Colleges (Amendment) Act, 1994.

(2) The Principal Act and this Act may be cited together as the Regional Technical Colleges Acts, 1992 and 1994, and shall be construed as one.

Act Referred to

Regional Technical Colleges Act, 1992

1992, No. 16

REGIONAL TECHNICAL COLLEGES (AMENDMENT) ACT, 1999

AN ACT TO AMEND THE REGIONAL TECHNICAL COLLEGES ACTS, 1992 AND 1994, TO PROVIDE FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN AS INSTITIÚID TEICNEOLAÍOCHTA, BAILE BHLAINSÉIR OR, IN THE ENGLISH LANGUAGE, THE INSTITUTE OF TECHNOLOGY, BLANCHARDSTOWN, TO PROVIDE FOR THE DISSOLUTION OF INSTITUTE OF TECHNOLOGY, BLANCHARDSTOWN LIMITED, TO AMEND THE VOCATIONAL EDUCATION ACT, 1930, IN RELATION TO THE COMPOSITION OF CERTAIN VOCATIONAL EDUCATION COMMITTEES, AND TO PROVIDE FOR RELATED MATTERS. [6th July, 1999]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Interpretation.

1.— (1) In this Act, unless the context otherwise requires—

“the Act of 1930” means the Vocational Education Act, 1930 ;

“the Act of 1994” means the Regional Technical Colleges (Amendment) Act, 1994 ;

“the College” means the educational institution established by virtue of paragraph (c) (inserted by this Act) of section 3 (1) of the Principal Act;

“the Company” means the Institute of Technology, Blanchardstown Limited;

“establishment day” means the day appointed by the Minister under section 2 to be the establishment day;

“the governing body” means the governing body of the College;

“the Minister” means the Minister for Education and Science;

“the Principal Act” means the Regional Technical Colleges Act, 1992 .

(2) In this Act—

(a) a reference to a section is a reference to a section of this Act, unless it is indicated that reference to some other enactment is intended.

(b) a reference to a subsection or paragraph is a reference to the subsection or paragraph of the provision in which the reference occurs, unless it is indicated that references to some other provision is intended, and

(c) a reference to any other enactment is a reference to that enactment as amended, extended or adapted by or under any subsequent enactment including this Act.

Establishment day.

2.—The Minister shall by order appoint a day to be the establishment day for the purposes of this Act.

Dissolution of Company.

3.— (1) The Company shall, as and from the establishment day, stand dissolved.

(2) The Minister shall as soon as practicable after the establishment day notify in writing the Registrar of Companies that, by virtue of this section, the Company stands dissolved, and the Registrar of Companies shall, on receipt of such notice, register the notice.

Amendment of section 3 of and First Schedule to Principal Act.

4.—(1) Subsection (1) of section 3 of the Principal Act is hereby amended, with effect from the establishment day—

(a) by the insertion in paragraph (a), after “educational institution” of “(other than the institution referred to in paragraph (c), inserted by the Regional Technical Colleges (Amendment) Act, 1999, of this subsection)”,

(b) by the insertion after paragraph (b) of the following paragraph—

“(c) There is hereby established as a regional technical college to which this Act applies an educational institution which shall be known as Institiúid Teicneolaíochta, Baile Bhlainséir or, in the English language, the Institute of Technology, Blanchardstown.”.

(2) The First Schedule to the Principal Act is hereby amended, with effect from the establishment day—

(a) by the insertion in column (1) of—

“Institiúid Teicneolaíochta, Baile Bhlainséir.

Institute of Technology, Blanchardstown.”,

and

(b) by the insertion in column (3) opposite the matter inserted by paragraph (a) of—

“County Dublin.”.

Governing Body

5.—(1) This section shall, in relation to the College, have effect in lieu of subsections (2) and (3) of section 6 of the Principal Act.

(2) Subject to subsections (3) and (5), the governing body shall consist of—

(a) a chairperson and 17 ordinary members, and

(b) the Director of the College.

(3) The first ordinary members of the governing body shall be 12 in number or such greater number, not exceeding 17, as may be permitted in consequences of the operation of subsection (5).

(4) The first ordinary members of the governing body shall be appointed by the Minister in accordance with the following provisions:

(a) subject to subsection (14), six persons, of whom at least three shall be members of a local authority, shall be nominated for such appointment by the County Dublin Vocational Education Committee;

(b) one person shall be nominated for such appointment by the Irish Congress of Trade Unions;

(c) five persons shall be appointed from among persons nominated for such appointment by such organisations as the Minister considers ought to be represented (having regard to the particular courses provided by the College) on the governing body and which have been invited by the Minister to make such nominations for the purposes of this paragraph, and such organisations shall be representative of industry, agriculture, commerce, the professions, local community interests and other interests which are appropriate to the activities of the College.

(5) Whenever the governing body, as constituted in accordance with subsection (4), informs the Minister by notice in writing that it is of opinion that the number of academic staff, staff (other than academic staff) or of students of the College is sufficient to make practicable the application of one or more of paragraphs (c), (d) and (e) of section 4(1) of the Act of 1994 to the College, the Minister shall make an order applying such one or more, or all, of those paragraphs, as the case may be, to the College and the paragraph or paragraphs, so applied, shall accordingly have effect in relation to the College and the Minister shall, as soon as practicable after the commencement of the order, appoint a person or persons, as the case may be, to be a member or members of the governing body in accordance with the relevant paragraph so applied.

(6) A separate notice under subsection (5) may be given and a separate order may be made on foot of that notice in relation to each of the paragraphs (c), (d) and (e) of section 4(1) of the Act of 1994.

(7) Nothing in subsection (5) shall operate—

(a) to require an appointment to which that subsection relates to be made on the recommendation of a vocational education committee,

(b) to prevent the governing body performing the functions referred to in section 7 of the Principal Act pending the making of appointments under that subsection.

(8) In making appointments to the governing body pursuant to this section the Minister shall have regard to the extent to which each sex is represented on the governing body and shall ensure an appropriate gender balance as determined by the Minister from time to time.

(9) The first members of the governing body (other than the chairperson, the Director of the College or the persons referred to in section 4(1)(e) of the Act of 1994) shall hold office for two years.

(10) The Minister may by order extend the term of office of the first members of the governing body but an order shall not be made under this subsection extending that term of office beyond the period of five years from the date on which the persons referred to in paragraphs (a), (b) and (c) of subsection (4) were appointed as members of the governing body under that subsection.

(11) Where an order under subsection (10) is proposed to be made, a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.

(12) Paragraph 3(1) of the Second Schedule to the Principal Act shall have effect in relation to the first ordinary members of the governing body as if the words “on the recommendation of the vocational education committee” were omitted in each place where they occur in that provision.

(13) The ordinary members of the governing body appointed after the term of office of the first ordinary members thereof expires shall be appointed in accordance with section 4 of the Act of 1994 and the other relevant provisions of the Regional Technical Colleges Acts, 1992 and 1994.

(14) If the region likely, in the opinion of the Minister, to be served by the College includes all or part of the functional area of one or more than one vocational education committee, other than the County Dublin Vocational Education Committee, the Minister may direct that one or more than one, but not more than four in all, of the persons to whom paragraph (a) of subsection (4) relates, shall be nominated by such of those other committees as the Minister may specify.

Transfer of assets and liabilities of Company.

6.—(1) With effect from the establishment day the following are hereby transferred to the College—

(a) all rights and property (and rights relating to such property) held or enjoyed immediately before that day by the Company.

(b) all liabilities incurred before that day by the Company which had not been discharged before that day,

and, accordingly, without any further conveyance, transfer or assignment—

(i) the said property, real and personal, shall, on that day, vest in the College for all the estate, term or interest for which, immediately before that day, it was vested in the Company, but subject to all trusts and equities affecting the property and capable of being performed,

(ii) those rights shall, as and from that day, be enjoyed by the College, and

(iii) those liabilities shall, as and from that day, be liabilities of the College.

(2) All moneys, stocks, shares and securities transferred to the College by this section that, immediately before the establishment day, are standing in the name of the Company shall, upon the request of the College, be transferred into its name.

(3) Every right and liability transferred to the College by this section may, on or after the establishment day, be sued on, recovered or enforced by or against the College in its own name and it shall not be necessary for the College to give notice of the transfer to the person whose right or liability is transferred by this section.

(4) The College shall not, without the consent of the Minister, dispose of any part of any land or any interest therein transferred to or vested in the College by virtue of this section.

(5) In this section “the Company” includes any trustee or agent of the Company acting on behalf of the Company.

Preservation of certain contracts and adaptation of references to former Authority.

7.—Every contract or agreement made between the Company or any trustee or agent thereof acting on its behalf, and any other person, which is in force immediately before the establishment day shall continue in force on and after that day and shall be construed and have effect as if the College were substituted therein for the Company or, as the case may be, its trustee or agent acting on its behalf, and shall be enforceable against the College.

Pending legal proceedings.

8.—Where, immediately before the establishment day, any legal proceedings are pending in any court or tribunal and the Company, or any trustee or agent thereof acting on its behalf, is a party to the proceedings, the name of the College shall be substituted in the proceedings for that of the Company or, as the case may be, such trustee or agent thereof, and the proceedings shall not abate by reason of such substitution.

Provisions relating to staff.

9.—(1) Every person who, immediately before the establishment day, is employed as an officer or servant by the Institute of Technology, Tallaght, for the purpose of working for the Company shall, with effect from the establishment day, become and be an officer or servant of the College, as appropriate.

(2) A person to whom subsection (1) applies shall not, while in the service of the College, receive less remuneration or be subject to less beneficial conditions of service than the remuneration to which that person was entitled and the conditions of service to which that person was subject prior to the establishment day.

(3) The conditions of service, restrictions, requirements and obligations to which any such person was subject immediately before the establishment day shall, unless they are varied by agreement, continue to apply to that person, and shall be exercised or imposed by the College or the Director, as may be appropriate, while that person is in the service of the College.

(4) The service of a person, to whom subsection (1) applies, with the Institute of Technology, Tallaght, before the establishment day shall form part of his or her pensionable service with the College for the purposes of the Local Government (Superannuation) Act, 1980 .

(5) Subject to subsection (6), the Local Government (Superannuation) Act, 1980 , shall apply to the College and its officers and servants (including the Director) as if it were a local authority and they were officers and servants of a local authority.

(6) The functions conferred on the Minister for the Environment and Local Government by the Local Government (Superannuation) Act, 1980 , or any instrument made thereunder, shall, for the purposes of that Act as applied to the College by subsection (5), be performable by the Minister and not by the said Minister of the Government.

(7) Schemes and regulations made before the commencement of this section under the Local Government (Superannuation) Act, 1980 , (including modifications to such schemes and regulations made under section 11(8) of the Principal Act) shall, subject to any modifications which the Minister may, with the consent of the Minister for Finance, specify by order, apply to the officers and servants (including the Director) of the College.

(8) Subsection (8) of section 11 of the Principal Act shall not apply to the College.

Exemption from capital gains tax.

10.—For the purposes of the Capital Gains Tax Acts (within the meaning of section 1 of the Taxes Consolidation Act, 1997 ), any gain accruing to the Company on a disposal made by virtue of section 6 shall not be a chargeable gain.

County Dublin and Dún Laoghaire Vocational Education Committees.

11.—(1) The County Dublin Vocational Education Committee shall consist of not more than 16 members.

(2) The members of the committee referred to in subsection (1) shall be elected by the councils of the countries of South Dublin, Fingal and Dún Laoghaire-Rathdown and the number of members to be elected by each of those councils shall be such as shall be specified in regulations made by the Minister for the purposes of this subsection (which the Minister is hereby empowered to make)

(3) Regulations for the purposes of subsection (2) shall also provide that a specified number of the persons to be elected to be members of the committee referred to in subsection (1) by each council referred to in subsection (2) shall be members of that council.

(4) The Dún Laoghaire Vocational Education Committee shall consist of 14 members elected by the council of the county of Dún Laoghaire-Rathdown, of whom not less than five and not more than eight shall be persons who are members of that council.

(5) The persons holding office as members of the County Dublin Vocational Education Committee and the Dún Laoghaire Vocational Education Committee by virtue of section 19 of the Local Government (Dublin) Act, 1993 , shall continue to hold office until the commencement of the term of office of the persons elected in accordance with this section.

(6) The term of office of the persons elected to be members of the County Dublin Vocational Education Committee in accordance with this section shall commence on the 7th day after the last day on which an election of persons for that purpose is held.

(7) The term of office of the persons elected to be members of the Dún Laoghaire Vocational Education Committee in accordance with this section shall commence on the 7th day after the day on which an election of persons for that purpose is held.

(8) Section 12 of the Act of 1930 is hereby amended in subsection (2) by the insertion after “provisions of this Act” of “or, as the case may be, regulations made under section 11 of the Regional Technical Colleges (Amendment) Act, 1999,”.

(9) This section shall have effect notwithstanding anything to the contrary in the Act of 1930.

(10) This section shall cease to have effect two years after the commencement of this Act.

Application of section 70 of Local Government Act, 1925.

12.—(1) In this section—

“the Act of 1925” means the Local Government Act, 1925 ;

“the relevant restriction” means the restriction on holding any office of profit or being employed for remuneration contained in section 70(1) of the Act of 1925 (as applied by section 26 of the Act of 1930) and continued in operation by section 21 (5) of the Local Government Act, 1955 .

(2) The relevant restriction shall have effect as if the words in section 70(1) of the Act of 1925”, or of any other local authority whose functional area is, or is situate in, the same county or county borough as that of or within which is situate the functional area of such local authority or in any county or county borough adjoining to that county or county borough” were deleted.

Short title, construction and collective citation.

13.—(1) This Act may be cited as the Regional Technical Colleges (Amendment) Act, 1999.

(2) The Regional Technical Colleges Acts, 1992 and 1994, and this Act may be cited together as the Regional Technical Colleges Acts, 1992 to 1999, and shall be construed together as one.

(3) The Vocational Education Acts, 1930 to 1993, and section 11 may be cited together as the Vocational Education Acts, 1930 to 1999, and shall be construed together as one.

DUBLIN INSTITUTE OF TECHNOLOGY ACT, 1992

AN ACT TO ESTABLISH AN INSTITUTE OF EDUCATION AND TRAINING TO BE KNOWN AS INSTITIÚID TEICNEOLAÍOCHTA BHAILE ÁTHA CLIATH OR IN THE ENGLISH LANGUAGE AS THE DUBLIN INSTITUTE OF TECHNOLOGY, TO DEFINE ITS FUNCTIONS AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE FOREGOING.

[19th July, 1992]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Commencement.
1.—This Act shall come into operation on such day as the Minister shall by order appoint.

Interpretation.

2.—(1) In this Act—

“the Academic Council” has the meaning assigned to it by section 11 of this Act;

“course of study” means a course of study, instruction or training leading to an educational award by the Institute, the National Council for Educational Awards, an university in the State or such other certifying authority as may be approved by the Minister from time to time;

“Director” means a Director of the Institute;

“establishment” and “establishment date” refer in the case of the Institute established by section 3 (1) of this Act to the commencement of this Act and, in the case of an educational institution or part of such an institution, incorporated into the Institute by order under section 3 (3) of this Act, to the commencement of the order;

“functions” includes powers and duties;

“the Governing Body” means the Governing Body of the Institute;

“graduate” means a person on whom there has been conferred or who has been granted or given an educational award on successful completion of a course of study at the Institute or at such other institution as the Minister, on the recommendation of the Governing Body, may approve;

“the Institute” means the Dublin Institute of Technology established by this Act;

“the Minister” means the Minister for Education;

“the President” means the President of the Institute;

“the Vocational Education Committee” means the City of Dublin Vocational Education Committee.

(2) A reference in this Act to the performance of functions includes a reference to the exercise of powers and the performance of duties.

(3) A reference in this Act to a subsection is to a subsection of the section in which the reference is made unless the contrary is indicated.

Establishment of Institute.

3.—(1) There is hereby established an institute of education and training, to be known as Institiúid Teicneolaíochta Bhaile Atha Cliath or in the English language as the Dublin Institute of Technology, to perform the functions assigned to it by this Act.

(2) The Institute shall be constituted from the institutions specified in the First Schedule to this Act.

(3) Whenever the Minister and the Vocational Education Committee considers that any other educational institution or part of any such institution should be incorporated into the Institute the Minister may, by order, made with the consent of the Minister for Finance, following consultation with the Vocational Education Committee and the Governing Body, amend the said First Schedule by inserting therein the name of the institution or a description of the part thereof to be incorporated and, upon the commencement of the order, such institution or part thereof shall be incorporated into the Institute as may be prescribed by such order.

(4) The Institute shall be a body corporate with perpetual succession and power to sue and be sued in its corporate name and to acquire, hold and dispose of land.

Membership of Institute.

4.—(1) The members of the Institute shall be—

( a ) the members of the Governing Body,

( b ) the members of the Academic Council,

( c ) the members of the staff,

( d ) the registered students of the Institute,

( e ) the graduates of the Institute,

( f ) such other persons as the Governing Body may appoint to be members.

(2) Membership of the Institute under subsection (1) (f) shall continue until the Governing Body otherwise declares.

Functions of Institute.

5.—(1) The principal function of the Institute shall, subject to the provisions of this Act, be to provide vocational and technical education and training for the economic, technological, scientific, commercial, industrial, social and cultural development of the State, and, without prejudice to the generality of the foregoing, the Institute shall have the following functions—

( a ) to provide such courses of study as the Governing Body considers appropriate;

( b ) to confer, grant or give diplomas, certificates or other educational awards, excluding degrees other than degrees provided for by order under subsection (2) (a);

( c ) to enter into arrangements with the National Council for Educational Awards, with any university in the State or with any other authority approved by the Minister from time to time, for the purpose of having degrees, diplomas, certificates or other educational awards conferred, granted or given;

( d ) subject to such conditions as the Minister may determine, to engage in research, consultancy and development work and to provide such services in relation to these matters as the Governing Body considers appropriate;

( e ) to enter into arrangements with other institutions in or outside the State for the purpose of offering joint courses of study and of engaging jointly in programmes of research, consultancy and development work in relation to such matters as the Governing Body considers appropriate;

( f ) subject to such conditions as the Minister may determine, to enter into arrangements, including participation in limited liability companies, to exploit any research, consultancy or development work undertaken by the Institute either separately or jointly;

( g ) to institute and, if thought fit, to award scholarships, prizes and other awards;

( h ) to maintain, manage, administer and invest all the money and assets of the Institute;

( i ) to accept gifts of money, land or other property upon such trusts and conditions, if any, as may be specified by the donors: provided that nothing in any such trust or condition is contrary to the provisions of this Act;

( j ) subject to the approval of the Minister to acquire land;

( k ) to do all such acts and things as may be necessary to further the objects and development of the Institute.

( 2 ) ( a ) The Institute shall have such other functions, which may include the function of conferring degrees, postgraduate degrees and honorary awards as may be assigned to it, from time to time, by order made by the Minister with the concurrence of the Minister for Finance.

( b ) The Minister may, with the concurrence of the Minister for Finance, by order revoke or amend an order under this subsection.

( c ) Whenever an order is proposed to be made under this subsection, a draft of the proposed order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.

(3) Awards under the provisions of subsection (1) (b) or under any function in relation to degrees which may be assigned to the Institute by order made under subsection (2) may only be conferred, granted or given on the recommendation of the Academic Council to or on persons who satisfy the Academic Council that they have attended or otherwise pursued or followed appropriate courses of study, instruction, research or training provided by the Institute, or by such other institutions as the Minister on the recommendation of the Governing Body may approve, and have attained an appropriate standard in examinations or other tests of knowledge or ability or have performed other exercises in a manner regarded by the Academic Council as satisfactory.

Governing Body.

6.—(1) There shall be a Governing Body of the Institute and the Governing Body, save as otherwise provided by this Act, shall perform the functions conferred on the Institute by this Act.

(2) The Governing Body shall consist of—

( a ) the Chairman and 18 ordinary members, and

( b ) the President of the Institute.

(3) The first members (other than the Chairman and the President) of the Governing Body shall be persons appointed by the Minister on the recommendation of the Vocational Education Committee and the ordinary members shall be recommended in accordance with the provisions of subsection (4) (a), (e), (f) and (g), together with five other persons nominated by the Minister as ordinary members and shall hold office for a period of one year from the date of their appointment.

(4) Upon the expiration of the term of office of the first ordinary members, the ordinary members of the Governing Body shall be appointed by the Minister, on the recommendation of the Vocational Education Committee, in accordance with the following provisions:

( a ) six persons shall be nominated by the Vocational Education Committee;

( b ) two persons, being members of the academic staff of the Institute, shall be elected by that staff, in accordance with regulations made by the Governing Body;

( c ) one person, being a member of the staff (other than the academic staff) of the Institute, shall be elected by that staff in accordance with regulations made by the Governing Body;

( d ) two persons, being registered students of the Institute, shall be elected by the registered students in accordance with regulations made by the Governing Body;

( e ) one person shall be nominated by the Irish Congress of Trade Unions;

( f ) one person shall be nominated by the University of Dublin;

( g ) five persons shall be nominated by such organisations as the Vocational Education Committee considers require representation having regard to the particular courses provided by the Institute, excluding interests otherwise represented on the Governing Body. Such organisations shall be representative of industry, agriculture, commerce, the professions and other interests as appropriate to the activities of the Institute.

( 5 ) ( a ) If a member of the Governing Body (other than the Chairman or the President) dies, resigns, retires or is otherwise removed from office pursuant to this Act before the expiration of that member’s term of office, the vacancy so caused shall be filled by the appointment to the Governing Body by the Minister of a person recommended by the Vocational Education Committee and nominated in the same manner as was the person occasioning the vacancy.

( b ) A person appointed to be a member of the Governing Body pursuant to paragraph (a) of this subsection shall, unless that person sooner dies, resigns or becomes disqualified from holding office, hold office for the remainder of the term of office of the member of the Governing Body occasioning the vacancy.

(6) In making appointments to the Governing Body pursuant to subsection (4) of this section, the Minister shall have regard to the extent to which each sex is represented and shall ensure an appropriate gender balance as determined by the Minister from time to time.

(7) The provisions of the Second Schedule to this Act shall apply to the Governing Body.

Functions of Governing Body.

7.—(1) Save as otherwise provided in this Act, the Governing Body shall manage and control the affairs of the Institute and all property of the Institute and shall perform the functions conferred on the Institute by this Act, and shall have all such powers as are necessary or expedient for the purpose of those functions subject to such policies as may be determined by the Minister from time to time and to the programmes and budget approved annually by the Vocational Education Committee and the Minister under section 14 of this Act.

(2) The Governing Body may, from time to time, appoint such and so many committees as it thinks proper to assist it in such manner as it shall direct and the Governing Body may assign to any committee so appointed such duties as it thinks fit.

(3) The acts of a committee established under this section shall be subject to confirmation by the Governing Body.

(4) In performing its functions, the Governing Body shall have due regard to the preservation, promotion and use of the Irish language and to the preservation and development of the national culture.

(5) In performing its functions, the Governing Body shall have regard to the attainment of gender equity and of equality of opportunity in education.

(6) In performing its functions the Governing Body shall have regard to the statutory responsibilities in the provision of vocational and technical education of the Vocational Education Committee.

Dissolution of Governing Body.

8.—(1) If—

( a ) the Minister is satisfied that the functions of the Governing Body are not being duly and effectively discharged, or

( b ) the Governing Body wilfully neglects to comply with any order, direction or regulation of the Minister made or given in pursuance of the provisions of this Act, or

( c ) the Governing Body fails to comply with any judgment or order of any court of competent jurisdiction,

the Minister may, after consultation with the Vocational Education Committee, by order dissolve the Governing Body.

(2) Whenever the Minister makes an order dissolving the Governing Body the Minister may appoint any body of persons as the Minister thinks fit to perform the functions of the Governing Body.

(3) The remuneration, if any, of every person appointed under subsection (2) shall be paid out of moneys provided by the Oireachtas under section 16 of this Act.

(4) The Minister shall by order provide for the re-establishment of the Governing Body dissolved under subsection (1) and for the appointment of members thereto in accordance with section 6 of this Act not later than one year following the dissolution and when the new Governing Body has been appointed the functions of the dissolved body shall be revested in the new Governing Body and shall cease to be functions of the body of persons appointed under subsection (2).

President.

9.—(1) The Governing Body shall, with the approval of the Minister, from time to time appoint in a whole-time capacity a person to be the President and Chief Officer of the Institute.

(2) The selection of the President shall be a function of the Governing Body in accordance with procedures, which shall include the composition of a selection board, determined by the Minister from time to time.

(3) The provisions of the Third Schedule to this Act shall apply to the President.

Directors of Institute.

10.—(1) Subject to subsection (4) the Governing Body shall appoint to the Institute in a whole-time capacity such and so many persons to be Directors of the Institute as the Governing Body, with the approval of the Minister, recommends.

(2) The selection of a Director shall be a function of the Governing Body in accordance with procedures, which shall include the composition of a selection board, determined, from time to time, by the Minister.

(3) Notwithstanding subsection (2), a person who, at the passing of this Act, is employed as the Principal of an institution specified in the First Schedule to this Act and is still so employed at the commencement of this Act shall, if that person consents, be appointed by the Governing Body to be a Director of the Institute.

(4) Persons appointed under this section shall be known and are referred to in this Act as Directors and the persons appointed under subsection (3) shall be the first Directors of the Institute.

(5) The Directors shall be responsible to the President and may be assigned such responsibilities in relation to the Institute as the Governing Body, on the recommendation of the President, decides.

(6) Notwithstanding subsection (2) a person who, at the commencement of an order made under section 3 (3) of this Act, is employed as Principal of an educational institution which, under such order, is incorporated into the Institute shall if that person consents be appointed by the Governing Body to be a Director of the Institute.

Academic Council.

11.—(1) The Institute shall have an Academic Council appointed by the Governing Body to assist it in the planning, co-ordination, development and overseeing of the educational work of the Institute and to protect, maintain and develop the academic standards of the courses and the activities of the Institute.

( 2 ) ( a ) The Governing Body may by regulations made under this section provide for the membership and terms of office of the Academic Council.

( b ) The majority of members shall be holders of academic appointments within the Institute and at least one shall be a registered student of the Institute.

( c ) The members appointed to the Academic Council shall hold office for a period of three years and shall be eligible for reappointment.

(3) Without prejudice to the generality of subsection (1) the Academic Council shall have the following particular functions—

( a ) to design, develop and assist in implementing courses of study in accordance with the programmes and budget approved annually under section 14 of this Act and consistent with the functions of the Institute;

( b ) to make recommendations to the Governing Body for the establishment of appropriate structures to implement the courses of study referred to at paragraph (a) of this subsection;

( c ) to make recommendations in accordance with section 5 (3) of this Act;

( d ) to make recommendations to the Governing Body on programmes for research and development work;

( e ) to make recommendations to the Governing Body for the selection, admission, retention and exclusion of students;

( f ) be responsible, subject to the approval of the Governing Body, for making the academic regulations of the Institute;

( g ) to propose to the Governing Body, subject to the requirements of the National Council for Educational Awards or any university or other authority to which section 5 (1) (c) applies, the form of regulations to be made by the Governing Body for the conduct of examinations and for the evaluation of academic progress;

( h ) to make recommendations to the Governing Body in relation to the appointment of external examiners;

( i ) to make recommendations to the Governing Body in relation to the conferment of honorary awards;

( j ) to make recommendations to the Governing Body for the award of scholarships, prizes or other awards;

( k ) to make general arrangements for tutorial or other academic counselling;

( l ) to exercise any other functions, consistent with this Act, which may be delegated to it by the Governing Body;

( m ) to assist in implementing any regulations which may be made by the Governing Body concerning any of the matters aforesaid.

(4) The Academic Council, with the approval of the Governing Body, may—

( a ) establish such and so many committees, consisting either wholly or partly of persons who are not members of the Institute, as it thinks proper to assist the Academic Council in the performance of its functions under this Act, and

( b ) determine, subject to the provisions of this Act, the functions of any committee established under paragraph (a) of this subsection.

(5) The acts of a committee established under subsection (4) (a) shall be subject to confirmation by the Governing Body unless the Governing Body dispenses with the necessity for such confirmation.

(6) Subject to the provisions of this Act and to the directions of the Governing Body, the Academic Council may regulate its own procedure.

General provisions in relation to staff.

12.—(1) ( a ) The Institute may appoint such and so many persons to be its officers (in addition to the President and the Directors) and servants as, subject to the approval of the Minister given with the concurrence of the Minister for Finance, the Governing Body from time to time thinks proper.

( b ) The selection of such officers and servants shall be a function of the Institute in accordance with the procedures which may be determined by the Minister from time to time.

( c ) In the case of academic appointments such procedures shall provide that the selection board shall consist mainly of appropriately qualified academics and shall include the President or a Director of the Institute.

(2) Subject to section 13 of this Act, an officer (including the President and Directors) or servant of the Institute shall hold office or employment on such terms and conditions as the Institute, subject to the approval of the Minister given with the concurrence of the Minister for Finance, may from time to time determine. Such terms and conditions shall be exercised or imposed by the Institute or the President, as may be appropriate, while such officer or servant is in the service of the Institute.

(3) The Institute shall not remove any of its officers (including the President or a Director) from office without the consent of the Minister.

(4) The Institute, subject to the provisions of section 14 of this Act, may appoint suitable persons to research fellowships, research assistantships and other support posts in relation to the offering of services, on a temporary, part-time or contract basis, subject to such conditions as may be laid down by the Minister with the concurrence of the Minister for Finance.

(5) The Institute may perform such of its functions as the Governing Body may deem proper through or by any of its officers or servants.

(6) There shall, subject to section 13 of this Act, be paid by the Institute to officers (including the President and Directors) and servants of the Institute such remuneration and allowances as the Institute, subject to the approval of the Minister with the concurrence of the Minister for Finance, may from time to time determine.

(7) Officers and servants of the Institute under this section or under section 9, 10 or 13 of this Act shall, for so long as they remain in an authorised post in the Institute, be members of the Institute and are in this Act referred to as “the members of the staff”.

(8) The Local Government (Superannuation) Act, 1980 , shall apply to the Institute and its officers and servants (including the President and the Directors) as if it were a vocational education committee and they were officers and servants of a vocational education committee but subject to any modifications (including modifications to any scheme or regulations made under the said Act of 1980) which may, with the consent of the Minister for the Environment, be specified in an order made by the Minister.

(9) The provisions of sections 105 , 106 and 107 of the Vocational Education Act, 1930 , and sections 7 and 8 of the Vocational Education (Amendment) Act, 1944 , shall apply to officers of the Institute with the substitution of references to the Institute, for references to the Vocational Education Committee.

( 10 ) ( a ) Notwithstanding the provisions of subsection (5) of section 7 of the Vocational Education (Amendment) Act, 1944 , whenever an officer of the Institute is suspended under this Act the Institute may, if the Governing Body thinks fit, make with the consent of the Minister payments ex-gratia to the suspended officer in lieu of the remuneration which, but for that suspension, would have been payable to that officer.

( b ) Any sum paid under this subsection shall be repayable by the officer to the Institute and may be deducted from any moneys payable by the Institute to that officer.

( c ) Any sum so paid shall not be reckoned as salary or emolument for the purposes of the Local Government (Superannuation) Act, 1980 .

Provisions in relation to existing staff.
13.—(1) ( a ) Every person who, immediately before the establishment date, is employed by the Vocational Education Committee in an institution specified in the First Schedule to this Act or in an educational institution or part of such an institution to which an order made under section 3 (3) of this Act relates as an officer or servant thereof shall, on the establishment date, become and be an officer or servant of the Institute as appropriate.

( b ) Every person who, immediately before the establishment date, is employed by the Vocational Education Committee and whose work is concerned with the administration of any such institution or part of an institution and who is designated by the Minister for employment by the Institute shall, with effect from the establishment date, become and be an officer or servant of the Institute as appropriate.

( c ) A person to whom subsection (1) applies shall not, while in the service of the Institute, receive less remuneration or be subject to less beneficial conditions of service than the remuneration approved by the Minister with the concurrence of the Minister for Finance to which that person was entitled and the conditions of service approved by the Minister to which that person was subject prior to the establishment date.

( d ) The conditions of service, restrictions, requirements and obligations to which any such person was subject immediately before the establishment date shall, unless they are varied by agreement, continue to apply to that person, and shall be exercised or imposed by the Institute or the President, as may be appropriate, while that person is in the service of the Institute.

( 2 ) ( a ) The Institute may, following consultation with any recognised staff associations or trade unions concerned, redistribute or rearrange the duties to be performed by officers or servants to whom subsection (1) applies and every such officer or servant shall be bound to perform the duties allocated to that officer or servant in any such redistribution or rearrangement.

( b ) A redistribution or rearrangement referred to in paragraph (a) of this subsection shall not be taken to be removal from or abolition of office for the purpose of any scheme or enactment relating to superannuation or compensation for loss of office.

Programmes and budget.

14.—(1) The Governing Body shall on or before the 1st day of March in each year prepare and submit to the Vocational Education Committee in such format as may be approved by the Minister from time to time operational programmes for the next two following academic years (in this section referred to as “the programmes”) together with the relevant budget as proposed by the Governing Body for the following financial year.

(2) The programmes shall include the proposed staffing structure.

(3) The Vocational Education Committee may, in respect of the programmes and budget submitted to it under this section, either approve of such programmes and budget without modification or following appropriate consultation with the Governing Body approve of the programmes and budget with such modifications as it thinks fit to make.

(4) The Vocational Education Committee shall on or before the 1st day of May in each year submit to the Minister for approval the programmes and budget as submitted by the Governing Body together with such modifications as may have been made by the Committee.

(5) The Minister may, in respect of the programmes and budget submitted under subsection (4), approve of such programmes and budget, with or without modification and subject to such conditions as the Minister may specify.

( 6 ) ( a ) The programmes and budget shall not come into force until they have been approved by the Minister or until such date as the Minister may specify in such approval.

( b ) In the case of a budget, approval shall not be given until after publication of the Estimates for Supply Services for the year in question.

(7) If programmes and budget as required by this Act are not submitted by the date specified the Minister may, after any necessary consultations, impose programmes and a budget under the terms of this Act and the programmes and budget shall come into force on such date as the Minister shall specify.

(8) When the programmes have come into force and a budget has been approved it shall be a function of the Governing Body to carry them into effect as approved. The provisions of this subsection shall also apply to any programmes and budget imposed by the Minister under subsection (7).

(9) Any material departure from the programmes and budget as approved or imposed by the Minister under this section may take place only with the prior approval of the Vocational Education Committee and the Minister.

(10) The Governing Body may, with the consent of the Vocational Education Committee and the Minister and the approval of the Minister for Finance, borrow by means of bank overdraft or otherwise money for the purposes of the Institute.

Annual report and information.

15.—(1) The Governing Body shall, as soon as may be after the end of each academic year, prepare and submit to the Vocational Education Committee and to the Minister in such form as may be determined by the Minister a report of its proceedings during that year.

(2) The Governing Body shall supply to the Minister and to the Vocational Education Committee such information regarding the performance of its functions as may from time to time be required.

Grants.
16.—In each year the Minister may, subject to the approval of the Minister for Finance, out of moneys provided by the Oireachtas, make to the Institute a grant or grants of such amount or amounts as the Minister thinks fit to be spent for the purposes of the Institute subject to the terms of section 14 of this Act.

Accounts and audits.
17.—(1) The Institute shall keep, in such form as may be approved by the Minister with the concurrence of the Minister for Finance, all proper and usual accounts of all moneys received or expenditure incurred by it and, in particular, shall keep in such form as may be specified by the Minister such special accounts as the Minister or the Vocational Education Committee with the agreement of the Minister may from time to time direct.

(2) Accounts kept in pursuance of this section shall be submitted annually by the Institute to the Comptroller and Auditor General for audit on a date not later than the 30th day of April in the year following the year to which the accounts relate.

(3) Immediately after the audit a copy of the accounts and of such other accounts, if any, as the Minister or the Vocational Education Committee has directed to be kept, together with a copy of the report of the Comptroller and Auditor General thereon, shall be presented by the Institute to the Vocational Education Committee and to the Minister.

(4) The Minister shall cause copies of the accounts presented under this section by the Institute, together with copies of the report of the Comptroller and Auditor General thereon, to be laid before each House of the Oireachtas.

Fees and charges.
18.—The Institute may charge fees or admission charges and such other charges of such amounts as may from time to time be determined by the Governing Body subject to such conditions as may be specified by the Minister from time to time for courses, lectures, examinations, exhibitions and other events held at or by the Institute and for other activities including research, consultancy and development work undertaken by the Institute.

Transfer of property and liabilities.
19.—(1) All land which, immediately before the establishment date, stood vested in the Vocational Education Committee or the Minister for the purposes of the Institute or for the purposes of an educational institution or part of such an institution to which an order made under section 3 (3) of this Act relates shall stand vested in the Institute without any conveyance or assignment and no such property or part thereof or estate or interest therein or right thereover shall be disposed of except with the approval of the Minister, after consultation with the Vocational Education Committee.

(2) On the establishment date, the following shall be and hereby are transferred to the Institute—

( a ) all property (other than land) and rights held or enjoyed immediately before the establishment date by the Vocational Education Committee for or in connection with the functions of the Institute or of an educational institution or part of such an institution to which an order made under section 3 (3) of this Act relates,

( b ) all liabilities incurred before the establishment date by the Vocational Education Committee for the purposes of or in connection with the Institute or any such educational institution or part thereof that had not been discharged before the establishment date,

and, accordingly, without any further transfer or assignment—

(i) the said property shall, on the establishment date, vest in the Institute but subject to all trusts and equities affecting the property and capable of being performed,

(ii) the said rights, shall, on and from the establishment date, be enjoyed by the Institute,

(iii) the said liabilities shall, on and from the establishment date, be the liabilities of the Institute.

(3) The Institute may recover from the Vocational Education Committee such moneys as may be approved by the Minister in respect of liabilities arising under subsection (2) and the Vocational Education Committee shall cause these moneys to be paid to the Governing Body of the Institute immediately upon the direction of the Minister.

(4) All moneys, stocks, shares and securities transferred to the Institute by this section that, immediately before the establishment date, are standing in the name of the Vocational Education Committee, shall, upon the request of the Governing Body of the Institute, be transferred into its name.

(5) Every right and liability transferred by this section to the Institute may, on or after the establishment date, be sued on, recovered or enforced by or against the Institute in its own name and it shall not be necessary for the Institute to give notice to any person whose right or liability is transferred by this section of the transfer.

(6) In subsections (1) and (2) a reference to the Institute, in relation to a time before the establishment date, shall be construed as a reference to every institution or part of an institution which from that date comprised or became part of the Institute.

(7) Section 12 of the Finance Act, 1895, shall not apply to the vesting in the Vocational Education Committee or the Institute of any property or right transferred by this section.

(8) Whenever a question arises as to whether land stood vested for the purposes of the Institute or of an institution or part of an institution to which an order made under section 3 (3) of this Act relates or whenever a question arises with regard to rights and liabilities transferred by this section such question shall be referred by the Vocational Education Committee to the Minister and the decision of the Minister thereon shall be final.

Preservation of contracts and continuance of legal proceedings.
20.—(1) Every contract which was entered into in relation to the Institute, or in relation to an educational institution or part of such an institution to which an order made under section 3 (3) of this Act relates, and is in force immediately before the establishment date between the Vocational Education Committee and any person shall continue in force on and after the establishment date, but shall be construed and have effect as if the Institute were substituted therein for the Vocational Education Committee and every such contract shall be enforceable by or against the Institute accordingly.

(2) Where, immediately before the establishment date, any legal proceedings are pending to which the Vocational Education Committee is a party and the proceedings have reference to the Institute or to an educational institution or part of such an institution to which such order relates the name of the Institute shall be substituted in the proceedings for that of the Vocational Education Committee and the proceedings shall not abate by reason of such substitution.

(3) This section does not apply to any contract or proceedings in relation to land.

(4) In this section, a reference to the Institute, in relation to a time before the establishment date, shall be construed in accordance with subsection (6) of section 19 of this Act.

Inspection.
21.—The Minister may authorise inspectors and other officers of the Department of Education and such other persons as the Minister may deem appropriate to report to the Minister on the efficiency of instruction given in the Institute and on any other matters regarding the operation of the Institute and such inspectors, officers or other persons shall be entitled at all reasonable times to enter the Institute and shall be afforded every facility, including access to all records, to perform their functions by the Institute.

Expenses.
22.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Regulations.
23.—(1) The Minister may make such regulations with regard to the operation of the Institute as the Minister may from time to time see fit.

Short title.
24.—This Act may be cited as the Dublin Institute of Technology Act, 1992.

Section 3.

FIRST SCHEDULE

DUBLIN INSTITUTE OF TECHNOLOGY

Institutions comprising the Institute:

College of Catering, Cathal Brugha Street;

College of Commerce, Rathmines;

College of Marketing and Design, Mountjoy Square;

College of Technology, Bolton Street;

College of Technology, Kevin Street;

College of Music, Adelaide Road.

Section 6.

SECOND SCHEDULE

THE GOVERNING BODY

1. (1) As soon as may be after its establishment the Governing Body shall provide and retain in its possession a seal of the Institute.

(2) The seal shall be authenticated by the signature of the Chairman or a member of the Governing Body authorised by the Governing Body to act in that behalf and by the signature of an officer of the Institute authorised to act in that behalf.

(3) Judicial notice shall be taken of the seal and every document purporting to be an instrument made by the Institute and to be sealed with the seal (purporting to be authenticated in accordance with this Schedule) of the Institute shall be received in evidence and shall be deemed to be such instrument without proof unless the contrary is shown.

2. (1) The Governing Body shall have a Chairman who may be designated by such title as the Governing Body may determine.

(2) The Chairman shall be appointed by the Minister and may be removed from office by the Minister.

(3) The Chairman may, at any time, resign from office by letter addressed to the Minister and the resignation shall take effect from the date on which the letter is received.

(4) Subject to the provisions of this Act, the Chairman shall hold office on such terms and conditions as the Minister may, at the date of appointment, decide.

(5) The Chairman shall cease to hold office on attaining the age of 70 years.

3. (1) Every ordinary member of the Governing Body shall be appointed by the Minister on the recommendation of the Vocational Education Committee and may be removed from office by the Minister on the recommendation of the Committee.

(2) An ordinary member may, at any time, resign from office by letter addressed to the Vocational Education Committee and the resignation shall take effect from the date on which the letter is received. The Vocational Education Committee shall forthwith notify the Minister of the receipt of the letter.

(3) An ordinary member shall cease to hold office on attaining the age of 70 years.

(4) A member of the Governing Body who is absent from all meetings of the Governing Body for a period of six consecutive months, unless such absence was due to illness or was approved by the Governing Body, shall be disqualified at the expiry of such period from continuing to be a member of the said Governing Body for the remainder of that person’s term of office.

(5) A member (including the Chairman) whose term of office expires by effluxion of time shall be eligible for reappointment.

4. (1) A member (including the Chairman but excluding an ordinary member who is a registered student of the Institute) shall hold office for a period not exceeding five years.

(2) An ordinary member who is a registered student of the Institute shall hold office for a period of one year.

5. (1) The Governing Body shall, from time to time as occasion requires, appoint from amongst its members (other than the Chairman or the President) a member to be deputy-chairman thereof.

(2) The deputy-chairman of the Governing Body shall, unless that member sooner resigns or ceases to be deputy-chairman under subparagraph (3) of this paragraph, hold office until the expiration of that member’s period of office as a member of the Governing Body.

(3) The deputy-chairman on ceasing to be a member of the Governing Body shall thereupon cease to be deputy-chairman.

6. (1) Where a member of the Governing Body—

( a ) is nominated as a member of Seanad Éireann, or

( b ) is elected as a member of either House of the Oireachtas or as a representative in the European Parliament, or

( c ) is regarded pursuant to section 13 (inserted by the European Assembly Elections Act, 1984 ) of the European Assembly Elections Act, 1977 , as having been elected to the European Parliament to fill a vacancy, or

( d ) is adjudged bankrupt or makes, under the protection or procedure of a court, a composition or arrangement with creditors, or

( e ) is sentenced to a term of imprisonment by a court of competent jurisdiction,

that member shall thereupon cease to be a member of the Governing Body.

(2) A person shall not be eligible to be a member of the Governing Body if that person—

( a ) is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein, or

( b ) is for the time being a member of the European Parliament, or

( c ) is an undischarged bankrupt, or

( d ) within the immediately preceding three years has, under the protection of a court, made a composition or arrangement with creditors, or

( e ) within the immediately preceding five years, has been sentenced to a term of imprisonment by a court of competent jurisdiction.

7. (1) A member of the Governing Body who has—

( a ) any interest in any company or concern with which the Institute proposes to make any contract, or

( b ) any interest in any contract which the Institute proposes to make,

shall disclose to the Governing Body the fact of the interest and the nature thereof and shall take no part in any deliberation or decision of the Governing Body relating to the contract, and the disclosure shall be recorded in the minutes of the Governing Body.

(2) A member of the Governing Body who is related to a person who is a candidate for appointment by the Governing Body as an officer or servant of the Institute shall disclose to the Governing Body the fact of the relationship and the nature thereof and shall, if the Governing Body so decides, take no part in any deliberation or decision of the Governing Body relating to the appointment, and the disclosure and decision shall be recorded in the minutes of the Governing Body.

8. The Chairman and ordinary members of the Governing Body shall be paid out of funds at the disposal of the Governing Body such remuneration (if any) and such allowances for expenses as the Minister, with the approval of the Minister for Finance, may decide.

9. ( a ) The Governing Body shall hold such and so many meetings as may be necessary for the performance of its functions.

( b ) The Vocational Education Committee shall fix the date, time and place of the first meeting of the Governing Body.

( c ) The quorum for a meeting of the Governing Body shall be six members.

10. At a meeting of the Governing Body—

( a ) the Chairman shall, if present, be the chairman of the meeting,

( b ) if and so long as the Chairman is not present or if the office of Chairman is vacant, the deputy-chairman shall, if present, be chairman of the meeting,

( c ) if and so long as the Chairman is not present or the office of chairman is vacant, and the deputy-chairman is not present or the office of deputy-chairman is vacant, the members of the Governing Body who are present shall choose one of their number to be chairman of the meeting.

11. Every question at a meeting of the Governing Body shall be determined by a majority of the votes of members present and voting on the question and, in the case of an equal division of votes, the chairman of the meeting shall have a second or casting vote.

12. Subject to paragraph 9 (c) of this Schedule the Governing Body may act notwithstanding one or more than one vacancy among its members.

13. Subject to the provisions of this Act the Governing Body shall regulate, by standing orders or otherwise, its procedure and business.

14. The Governing Body shall control and conduct the affairs of the Institute subject to the provisions of this Act and shall carry out all functions assigned to it by this Act, and, in particular, the Governing Body—

( a ) shall determine subject to such directions as the Minister may give from time to time the conditions under which persons shall be admitted to the Institute and to any particular course of study therein,

( b ) shall determine the conditions under which students, having been admitted to the Institute, may be excluded from it,

( c ) may enter into relationships or co-operate with any other institution, authority or body for any purpose of the Institute,

( d ) subject to subparagraph (a) of this paragraph may accept, in fulfilment or partial fulfilment of the requirement for entry to any course of study in the Institute, attendance by a student at a course or portion of a course in a Regional Technical College or such other institution as the Governing Body may decide,

( e ) subject to the approval of the Minister and to such terms and conditions as the Minister may lay down, may engage such consultants or advisors as it may consider necessary for the performance of its functions and any fees payable to such consultants or advisors shall be paid by the Institute out of moneys at its disposal,

( f ) may make, from time to time, such regulations as it sees fit for the conduct of the affairs of the Institute.

Section 9.

THIRD SCHEDULE

THE PRESIDENT

1. The President shall, subject to the provisions of this Act, control and direct the activities of the Institute and shall control and direct the staff of the Institute in the implementation of such activities and be responsible to the Governing Body therefor and for the efficient and proper management of the Institute.

2. The President shall not hold any other office or position without the consent of the Governing Body.

3. The President shall be ex officio a member of the Governing Body and shall be entitled to be a member of every committee appointed by the Governing Body.

4. The President shall be ex officio a member of the Academic Council and, if present, shall preside at all meetings of that council and shall be entitled to be a member of every committee established by the council.

INSTITUTES OF TECHNOLOGY ACT 2006

AN ACT TO AMEND THE REGIONAL TECHNICAL COLLEGES ACTS 1992 TO 2001, TO AMEND THE DUBLIN INSTITUTE OF TECHNOLOGY ACTS 1992 TO 2001, TO AMEND THE HIGHER EDUCATION AUTHORITY ACT 1971, TO AMEND THE UNIVERSITIES ACT 1997, TO AMEND THE QUALIFICATIONS (EDUCATION AND TRAINING) ACT 1999, TO REPEAL SECTIONS 19, 37 AND 38 OF THE VOCATIONAL EDUCATION (AMENDMENT) ACT 2001, AND TO PROVIDE FOR RELATED MATTERS.

[16th July, 2006]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART 1

Preliminary and General

Short title, commencement and collective citations.

1.— (1) This Act may be cited as the Institutes of Technology Act 2006.

(2) Subject to subsection (3), this Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

(3) If, immediately before the expiration of the period of one year from the date of passing of this Act, this Act has not been commenced by an order under this section or any provision or provisions thereof remains or remain to be commenced by such an order (including as respects a particular purpose), this Act or the said provision or provisions shall come into operation (or, in the case of such provision or provisions that remains or remain to be commenced for a particular purpose, shall come into operation for that purpose) upon the expiration of the said period.

(4) The Regional Technical Colleges Acts 1992 to 2001 and Part 2 may be cited together as the Institutes of Technology Acts 1992 to 2006.

(5) The Dublin Institute of Technology Acts 1992 to 2001 and Part 3 may be cited together as the Dublin Institute of Technology Acts 1992 to 2006.

(6) The Higher Education Authority Act 1971 and section 52 may be cited together as the Higher Education Authority Acts 1971 and 2006.

(7) The Universities Act 1997 and section 53 may be cited together as the Universities Acts 1997 and 2006.

(8) The Qualifications (Education and Training) Act 1999 and section 54 may be cited together as the Qualifications (Education and Training) Acts 1999 and 2006.

(9) The Vocational Education Acts 1930 to 2001 and section 55 may be cited together as the Vocational Education Acts 1930 to 2006.

Definitions.

2.— In this Act—

“ DIT Act” means the Dublin Institute of Technology Act 1992 ;

“RTC Act” means the Regional Technical Colleges Act 1992 .

PART 2

Amendment of Regional Technical Colleges Acts

Amendment of section 2 of RTC Act.

3.— Section 2(1) of the RTC Act is amended—

(a) by inserting, after the definition of “academic council”, the following definition:

“ ‘An tÚdarás’ means An tÚdarás um Ard-Oideachas;”, and

(b) by substituting the following definition for the definition of “college”:

“ ‘college’ means an institution of higher education declared by paragraph (a) of section 3(1) (as amended by the Institutes of Technology Act 2006) to be a college to which this Act applies and, in relation to the Cork Institute of Technology, includes a school of that college declared to be such under paragraph (b) of that subsection;”.

Amendment of section 3 of RTC Act.

4.— Section 3 of the RTC Act is amended—

(a) by substituting the following for subsection (1) (as amended by the Regional Technical Colleges (Amendment) Act 1999 ):

“(1) (a) Each institution of higher education specified in column (1) of the First Schedule is declared to be a college to which this Act applies and shall, subject to subsection (4), continue to bear, and to be known by, the name in the Irish language or in the English language by which it is referred to in that Schedule.

(ii) Every person who, immediately before the commencement of this paragraph, is—

(I) an employee of County Donegal Vocational Education Committee, and

(II) working for the college referred to in subparagraph (i),

(b) by deleting subsections (2) (as amended by the Qualifications (Education and Training) Act 1999 ) and (3).

Repeal of section 3A of RTC Act.

5.— Section 3A (inserted by the Qualifications (Education and Training) Act 1999 ) of the RTC Act is repealed.

Amendment of section 5 of RTC Act.

6.— Section 5 of the RTC Act is amended—

(a) in subsection (1)—

(i) in paragraph (c), by substituting “An tÚdarás” for “the Minister”,

(ii) by substituting the following paragraph for paragraph (e):

“(e) in relation to any of the following companies or undertakings and in accordance with the following law, namely—

(i) a limited liability company in the State — in accordance with the Companies Acts, or

(ii) a company or undertaking (the liability of members of which is limited) in a state other than the State — in accordance with the law of that state,

to—

(I) promote and take part in the formation of it,

(II) acquire, hold or dispose of shares or other interests in its capital, or

(III) participate in the management or direction of it,

and

(iii) in paragraph (i), by substituting “An tÚdarás” for “the Minister”,

and

(b) by deleting subsection (2).

Academic freedom.

7.— The RTC Act is amended by inserting the following section after section 5:

“Academic freedom.

5A.— (1) A college, in performing its functions, shall have the right and responsibility to preserve and promote the traditional principles of academic freedom in the conduct of its internal and external affairs.

Amendment of section 7 of RTC Act.

8.— The RTC Act is amended by substituting the following section for section 7:

“

Functions of governing bodies.

7.— (1) The functions of the governing body of a college shall be, in pursuance of the functions of the college under section 5 but within the constraints of the college’s budget under section 13—

(a) to control and administer the land and other property of the college,

(b) to appoint the Director and such other staff as it thinks necessary for the purposes of the college, and

(3) A governing body has, subject to this or any other Act, such powers as are necessary for the purposes of performing its functions.

(4) A governing body may, from time to time, appoint such and as many committees, consisting either wholly or partly of members of the governing body, as it thinks necessary to assist it in the performance of its functions and may assign to those committees such of its functions as it thinks fit.

(5) A committee appointed under subsection (4) shall operate in such manner as the governing body may direct and its acts shall be subject to confirmation by the governing body, unless the governing body otherwise directs.

(6) In performing its functions a governing body, or, where appropriate, a committee shall—

(a) comply with such policy directions as may be issued by the Minister from time to time, including directions relating to the levels and range of programmes offered by the college,

(e) have regard to the statutory responsibilities of other education providers.”.

Amendments of RTC Act

Amendment of section 8 of RTC Act.

9.— Section 8(1) of the RTC Act is amended by substituting “An tÚdarás” for “the vocational education committee”.

Amendment of section 9 of RTC Act.

10.— Section 9 of the RTC Act is amended—

(a) by substituting the following subsection for subsection (1):

“(1) A governing body shall from time to time appoint in a whole-time capacity a person to be the chief officer of the college, and that person shall be known as the Director, or by such other title as the governing body, subject to the consent of the Minister, may determine.”,

(b) in subsection (2), by substituting “An tÚdarás” for “the Minister”, and

(c) by substituting the following subsection for subsection (4) (inserted by the Regional Technical Colleges (Amendment) Act 1994 ):

“(4) Where an office of Director becomes vacant, the governing body, after consultation with An tÚdarás, may appoint a person to perform the functions of the Director until such time as a permanent appointment to that office is made and such interim appointment may be terminated by the governing body at any time.”.

Amendment of section 10 of RTC Act.

11.— Section 10(3)(a) of the RTC Act is amended by deleting “in accordance with the programmes and budget approved annually under section 13 of this Act and”.

Amendment of section 11 of RTC Act.

12.— The RTC Act is amended by substituting the following section for section 11:

“General provisions in relation to staff.

11.— (1) A college may perform such of its functions as the governing body may deem proper through or by any member of its staff.

(4) The Education Sector Superannuation Scheme (referred to in Article 2 of the Education Sector Superannuation Scheme (Transfer of Departmental Administration and Ministerial Functions) Order 2001 ( S.I. No. 14 of 2001 )) shall apply to a college and the members of its staff.”.

Provisions in relation to certain staff.

13.— The RTC Act is amended by inserting the following section after section 11:

“Provisions in relation to certain staff.

11A.— (1) (a) A college may appoint such and so many persons to be members of the staff of the college (in addition to the Director) as, subject to the approval of An tÚdarás given with the concurrence of the Minister and the Minister for Finance, the governing body from time to time thinks proper.

(b) The recruitment and selection of such members of the staff shall be carried out in accordance with procedures that may be determined by the Minister from time to time.

(c) Such procedures shall provide that the selection board shall consist of appropriately qualified persons and shall include the Director of the college or a nominee of the Director.

Amendment of section 12 of RTC Act.

14.— Section 12 of the RTC Act is amended by adding the following subsections after subsection (2):

“(3) Sections 105, 106 and 107 of the Vocational Education Act 1930 and sections 7 and 8 of the Vocational Education (Amendment) Act 1944 shall apply to officers of a college who were appointed before the commencement of this subsection, with the substitution of references to the college for references to the vocational education committee.

(4) (a) A college shall not remove any of its officers to whom this subsection applies from office without the consent of the Minister.

(b) This subsection applies to officers of a college appointed before the commencement of this subsection.”.

Amendment of section 13 of RTC Act.

15.— The RTC Act is amended by substituting the following section for section 13:

“

Budgets.

13.— (1) A governing body shall, on or before the first day of March in each financial year or such other date as An tÚdarás may approve (which may be a date before the commencement of the financial year to which the statement relates), prepare and submit to An tÚdarás, in such form and manner as may from time to time be approved by An tÚdarás, a statement of the proposed expenditure and expected income of the college for the financial year.

(2) An tÚdarás shall, having regard to the statement submitted under subsection (1), determine the amount of money to be allocated to the college for the financial year from moneys provided to An tÚdarás pursuant to section 12 of the Higher Education Authority Act 1971 , and the amount so allocated, together with the other expected income of the college as agreed with An tÚdarás, shall be the budget of the college for the financial year.

(3) Where the budget of a college has been determined, it shall be a function of the Director, acting on the authority of the governing body, to carry it into effect.

(4) An tÚdarás may at any time, on application made to it by the governing body of a college, increase the amount of money to be allocated to the college from moneys provided to An tÚdarás.

(5) Where the Director of a college is of opinion that—

(a) the actual expenditure in a financial year, or

(b) a proposed course of action,

taking into account any increased allocation under subsection (4), will or is likely to result in expenditure in excess of the budget for that financial year (in this section referred to as a ‘material departure from the budget’), the Director shall so inform the governing body.

(6) Where the governing body, despite being so informed, decides—

(a) in the case of subsection (5)(a), not to decrease its actual expenditure, or

(b) in the case of subsection (5)(b), to continue with its proposed course of action,

(8) A college may borrow money by means of a bank overdraft or otherwise and may guarantee or underwrite a loan taken or borrowing undertaken by a person or a body of persons.

(9) Borrowing, guaranteeing and underwriting under subsection (8) shall be in accordance with arrangements entered into from time to time between the colleges and An tÚdarás; An tÚdarás shall consult with the Minister and the Minister for Finance before entering into such arrangements.”.

Amendment of section 14 of RTC Act.

16.— Section 14 of the RTC Act is amended—

(a) by substituting the following subsection for subsection (1):

“(1) The governing body of a college shall, as soon as may be, but not later than 3 months, after the end of each academic year, prepare and publish a report of its proceedings during that year in such form as may be determined by An tÚdarás and provide a copy of such report to An tÚdarás and the Minister.”,

(b) in subsection (2), by substituting “An tÚdarás” for “the vocational education committee”, and

“(3) A college shall supply to An tÚdarás such information as An tÚdarás may from time to time request relating to the number of persons employed by the college, their composition by grade, their terms and conditions of employment (including their remuneration, fees, allowances, expenses and superannuation) and any other related matters.”.

Repeal of section 15 of RTC Act.

17.— Section 15 of the RTC Act is repealed.

Amendment of section 16 of RTC Act.

18.— The RTC Act is amended by substituting the following section for section 16:

“

Keeping of accounts and records.

16.— (1) A college shall keep, in such form as may be approved by An tÚdarás, all proper and usual accounts and records of all income received or expenditure incurred by it.

Amendment of section 18 of RTC Act.

19.— Section 18(1) of the RTC Act is amended by deleting “, after consultation with the vocational education committee”.

Amendment of section 20 of RTC Act.

20.— The RTC Act is amended by substituting the following section for section 20:

“

Inspection.

20.— The Minister, following consultation with An tÚdarás, may authorise any person or persons as the Minister may deem appropriate to report to the Minister on any matters regarding the operation of a college and such person or persons shall be entitled at all reasonable times to enter the college concerned and shall be afforded every facility by that college, including access to all records, to perform their functions.”.

Amendment of section 21 of RTC Act.

21.— Section 21(4) of the RTC Act is amended by inserting “to whom subsections (3) and (4) (inserted by the Institutes of Technology Act 2006) of section 12 apply” after “officers of a college”.

Governance of institutes of technology.

22.— The RTC Act is amended by inserting the following sections after section 21:

“Reserved functions.

21A.— (1) Each college shall perform by resolution of its governing body such of the functions as are declared by this Act to be reserved functions and ‘reserved function’ shall in this Act be construed and have effect accordingly.

(2) The functions under sections 5(1)(a) to (j), 7, 9, 10, 21C, 21D and 21E are declared to be reserved functions.

(3) Any dispute as to whether or not a particular function is a reserved function shall be determined by the Minister.

(4) A Director shall assist the governing body in the performance of its reserved functions, in such manner as the governing body may require.

(5) A governing body shall not perform by resolution of its members, or give a direction in relation to the performance of, a function that is not a reserved function.

Executive functions.

21B.— (1) Every function that is not a reserved function shall be an executive function, and ‘executive function’ shall, in this Act, be construed and have effect accordingly.

(2) Executive functions shall be performed by the Director.

(3) A Director shall provide such information to the governing body regarding the performance of his or her functions as the governing body may from time to time require.

Strategic development plan.

21C.— (1) A governing body shall, as soon as practicable but not later than 12 months after the commencement of this section and at such other times as it thinks fit, require the Director to prepare a plan (in this Act referred to as a ‘strategic development plan’) that shall set out the aims of the governing body for the operation and development of the college and its strategy for achieving those aims, and for carrying out the functions under this Act, during the period, being not less than three years, to which the plan relates.

(3) As soon as practicable after it approves the strategic development plan under subsection (2), the governing body shall provide a copy of the plan to An tÚdarás and to the Minister.

Equality policy.

21D.— (1) A governing body shall, as soon as practicable but not later than 12 months after the commencement of this section and at such other times as it thinks fit, require the Director to prepare a statement of the policies of the college in respect of—

(b) equality, including gender equality, in all activities of the college,

and the Director, in preparing the statement, shall have regard to such policies on those matters as may from time to time be determined by the Minister.

(3) A college shall implement the policies set out in the statement as approved under subsection (2).

Dispute resolution.

21E.— (1) A governing body shall establish procedures for the resolution of disputes that arise in the college.

(2) Subsection (1) shall not apply to industrial relations disputes, which shall be dealt with through normal industrial relations structures operating in the college.

(3) Procedures established under subsection (1) shall—

(a) be embodied in writing,

Reviews.

21F.— An tÚdarás may review—

(a) the strategic development plan prepared in accordance with section 21C, and

(b) the policies set out in the statement prepared under section 21D and their implementation by the college,

and may, following consultation with the college, publish a report, in such form and manner as it thinks fit, on the outcome of any such review.”.

Effect of certain orders.

23.— The RTC Act is amended by inserting the following section after section 23:

“Effect of certain orders.

23A.— (1) Each order made under section 3 shall, during the relevant period, be deemed always to have been valid.

(2) In this section ‘relevant period’ means the period beginning on the making of the order concerned referred to in subsection (1) and ending on the commencement of section 4 of the Institutes of Technology Act 2006.”.

Amendment of First Schedule to RTC Act.

24.— The RTC Act is amended by substituting the following Schedule for the First Schedule:

“Section 3.

FIRST SCHEDULE

The Colleges

Name of College.

Vocational Education Committee in whose functional area the college is situated.

(1)

(2)

Institiúid Teicneolaíochta Bhaile Átha Luain.

Athlone Institute of Technology.

County Westmeath.

Institiúid Teicneolaíochta, Baile Bhlainséir.

Institute of Technology, Blanchardstown.

County Dublin.

Institiúid Teicneolaíochta, Ceatharlach.

Institute of Technology, Carlow.

County Carlow.

Institiúid Teicneolaíochta Chorcaí.

Cork Institute of Technology.

City of Cork.

Institiúid Teicneolaíochta Dhún Dealgan.

Dundalk Institute of Technology.

County Louth.

Institiúid Ealaíne, Deartha agus Teicneolaíochta Dhún Laoghaire.

Dún Laoghaire Institute of Art, Design and Technology.

Dún Laoghaire.

Institiúid Teicneolaíochta na Gaillimhe-Maigh Eo.

Galway-Mayo Institute of Technology.

City of Galway.

Institiúid Teicneolaíochta Leitir Ceanainn.

Letterkenny Institute of Technology.

County Donegal.

Institiúid Teicneolaíochta Luimnigh.

Limerick Institute of Technology.

City of Limerick.

Institiúid Teicneolaíochta, Sligeach.

Institute of Technology, Sligo.

County Sligo.

Institiúid Teicneolaíochta, Tamhlacht.

Institute of Technology, Tallaght.

County Dublin.

Institiúid Teicneolaíochta, Trá Lí.

Institute of Technology, Tralee.

County Kerry.

Institiúid Teicneolaíochta Phort Láirge.

Waterford Institute of Technology.

City of Waterford.

”.

Amendment of Second Schedule to RTC Act.

25.— The Second Schedule to the RTC Act is amended—

(a) by deleting paragraphs 2(5) and 3(3), and

(b) in paragraph 14(e), by deleting “subject to the approval of the Minister and to such terms and conditions as the Minister may lay down,”.

Amendment of Third Schedule to RTC Act.

26.— The RTC Act is amended by substituting the following Schedule for the Third Schedule:

“Section 9.

THIRD SCHEDULE

Director

(2) Notwithstanding any such delegation, the Director shall at all times remain answerable to the governing body in respect of the functions so delegated.

4. A Director shall not hold any other office or position without the consent of the governing body.

7. Unless he or she resigns, retires or is removed from office, a Director shall hold office for a period of 10 years.

(b) the economy and efficiency of the college in the use of its resources,

(c) the systems, procedures and practices employed by the college for the purpose of evaluating the effectiveness of its operations, and

(d) any matter affecting the college referred to in a special report of the Comptroller and Auditor General under section 11(2) of the Comptroller and Auditor General (Amendment) Act 1993 , or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in subparagraph (a), (b) or (c)) that is laid before Dáil Éireann.

Amendment of Regional Technical Colleges (Amendment) Act 1994.

27.— The Regional Technical Colleges (Amendment) Act 1994 is amended—

(a) in section 2(1), by inserting “, following consultation with An tÚdarás,” after “Minister”, where “Minister” firstly occurs in that subsection, and

(b) in section 4(1), by substituting the following for paragraph (a):

“(a) six persons shall be nominated by the vocational education committee, none of whom shall be members of the staff of a college or the Dublin Institute of Technology and at least three of whom shall be members of a local authority;”.

Amendment of section 9 of Regional Technical Colleges (Amendment) Act 1999.

28.— Section 9 of the Regional Technical Colleges (Amendment) Act 1999 is amended—

(a) in subsection (4), by substituting “Education Sector Superannuation Scheme (referred to in the Education Sector Superannuation Scheme (Transfer of Departmental Administration and Ministerial Functions) Order 2001 ( S.I. No. 14 of 2001 ))” for “Local Government (Superannuation) Act 1980”, and

(b) by deleting subsections (5), (6) and (7).

PART 3

Amendment of Dublin Institute of Technology Acts

Amendment of section 2 of DIT Act.

29.— Section 2(1) of the DIT Act is amended by inserting, after the definition of “the Academic Council”, the following definition:

“ ‘An tÚdarás’ means An tÚdarás um Ard-Oideachas;”.

Amendment of section 3 of DIT Act.

30.— Section 3 of the DIT Act is amended—

(a) in subsection (1), by substituting “institution of higher education” for “institute of education”, and

(b) by deleting subsection (3).

Amendment of section 5 of DIT Act.

31.— Section 5 of the DIT Act is amended—

(a) in subsection (1)—

(i) by substituting the following paragraph for paragraph (b):

“(b) to confer, grant or give degrees (including postgraduate degrees), diplomas, certificates and other educational awards (including honorary awards);”,

(ii) in paragraph (d), by substituting “An tÚdarás” for “the Minister”,

(iii) by substituting the following paragraph for paragraph (f):

“(f) in relation to any of the following companies or undertakings and in accordance with the following law, namely—

(i) a limited liability company in the State — in accordance with the Companies Acts, or

(ii) a company or undertaking (the liability of members of which is limited) in a state other than the State — in accordance with the law of that state,

to—

(I) promote and take part in the formation of it,

(II) acquire, hold or dispose of shares or other interests in its capital, or

(III) participate in the management or direction of it,

but only if the objects of the company or undertaking include the carrying on of such business, trading or other activities, as the Institute thinks fit, for the purpose of promoting or assisting in the performance of, or in connection with, the functions of the Institute;”,

and

(iv) in paragraph (j), by substituting “An tÚdarás” for “the Minister”,

(b) by deleting subsection (2), and

(c) in subsection (3), by substituting “Degrees and other awards under subsection (1)(b)” for “Awards under the provisions of subsection (1)(b) or under any function in relation to degrees which may be assigned to the Institute by order made under subsection (2)”.

Academic freedom.

32.— The DIT Act is amended by inserting the following section after section 5:

“Academic freedom.

5A.— (1) The Institute, in performing its functions, shall have the right and responsibility to preserve and promote the traditional principles of academic freedom in the conduct of its internal and external affairs.

(2) A member of the academic staff of the Institute shall have the freedom, within the law, in his or her teaching, research and any other activities either in or outside the Institute, to question and test received wisdom, to put forward new ideas and to state controversial or unpopular opinions and shall not be disadvantaged, or subject to less favourable treatment by the Institute, for the exercise of that freedom.”.

Amendment of section 7 of DIT Act.

33.— The DIT Act is amended by substituting the following section for section 7:

“Functions of Governing Body.

7.— (1) The functions of the Governing Body shall be, in pursuance of the functions of the Institute under section 5 but within the constraints of the Institute’s budget under section 14—

(a) to control and administer the land and other property of the Institute,

(b) to appoint the President and such other staff as it thinks necessary for the purposes of the Institute, and

(2) For the purpose of the appointment of the President under subsection (1)(b), the Governing Body shall develop such interview and other procedures as in its opinion will best ensure participation in the selection process by candidates of a high calibre from both within and outside of the Institute and shall publish such procedures in such manner as it considers appropriate.

(3) The Governing Body has, subject to this or any other Act, such powers as are necessary for the purposes of performing its functions.

(4) The Governing Body may, from time to time, appoint such and as many committees, consisting either wholly or partly of members of the Governing Body, as it thinks necessary to assist it in the performance of its functions and may assign to those committees such of its functions as it thinks fit.

(5) A committee appointed under subsection (4) shall operate in such manner as the Governing Body may direct and its acts shall be subject to confirmation by the Governing Body, unless the Governing Body otherwise directs.

(6) In performing its functions the Governing Body, or, where appropriate, a committee, shall—

(a) comply with such policy directions as may be issued by the Minister from time to time, including directions relating to the levels and range of programmes offered by the Institute,

(c) have regard to the attainment of gender balance and equality of opportunity among the students and staff of the Institute and shall, in particular, promote access to education in the Institute by economically or socially disadvantaged persons, by persons who have a disability and by persons from sections of society significantly under-represented in the student body,

(d) ensure as far as it can that the Institute contributes to the promotion of the economic, cultural and social development of the State and to respect for the diversity of values, beliefs and traditions in Irish society, and

(e) have regard to the statutory responsibilities of other education providers.”.

Amendment of section 8 of DIT Act.

34.— Section 8(1) of the DIT Act is amended by substituting “An tÚdarás” for “the Vocational Education Committee”.

Amendment of section 9 of DIT Act.

35.— Section 9 of the DIT Act is amended—

(a) by substituting the following subsection for subsection (1):

“(1) The Governing Body shall from time to time appoint in a whole-time capacity a person to be the President and Chief Officer of the Institute.”,

(b) in subsection (2), by substituting “An tÚdarás” for “the Minister”, and

(c) by substituting the following subsection for subsection (4) (inserted by the Dublin Institute of Technology (Amendment) Act 1994 ):

“(4) Where the office of President becomes vacant, the Governing Body, after consultation with An tÚdarás, may appoint a person to perform the functions of the President until such time as a permanent appointment to that office is made and such interim appointment may be terminated by the Governing Body at any time.”.

Amendment of section 10 of DIT Act.

36.— Section 10 of the DIT Act is amended—

(a) in subsection (1), by deleting “, with the approval of the Minister,”, and

(b) in subsection (2), by substituting “An tÚdarás” for “the Minister”.

Amendment of section 11 of DIT Act.

37.— Section 11(3)(a) of the DIT Act is amended by deleting “in accordance with the programmes and budget approved annually under section 14 of this Act and”.

Amendment of section 12 of DIT Act.

38.— The DIT Act is amended by substituting the following section for section 12:

“

General provisions in relation to staff.

12.— (1) The Institute may perform such of its functions as the Governing Body may deem proper through or by any member of its staff.

(2) Subject to section 13, there shall be paid by the Institute to its staff, such remuneration, fees, allowances and expenses as may be approved from time to time by the Minister with the consent of the Minister for Finance.

(3) The payment of any remuneration, fees, allowances or expenses by a company or undertaking referred to in section 5(1)(f) (as amended by the Institutes of Technology Act 2006) to the staff of the Institute shall be in accordance with arrangements in that behalf entered into between the Institute and An tÚdarás.

(4) The Education Sector Superannuation Scheme (referred to in Article 2 of the Education Sector Superannuation Scheme (Transfer of Departmental Administration and Ministerial Functions) Order 2001 ( S.I. No. 14 of 2001 )) shall apply to the Institute and the members of its staff.”.

Provisions in relation to certain staff.

39.— The DIT Act is amended by inserting the following section after section 12:

“Provisions in relation to certain staff.

12A.— (1) (a) The Institute may appoint such and so many persons to be members of the staff of the Institute (in addition to the President and the Directors) as, subject to the approval of An tÚdarás given with the concurrence of the Minister and the Minister for Finance, the Governing Body from time to time thinks proper.

(b) The recruitment and selection of such members of the staff shall be carried out in accordance with procedures that may be determined by the Minister from time to time.

(c) Such procedures shall provide that the selection board shall consist of appropriately qualified persons and shall include the President or a Director of the Institute or a nominee of the President.

(2) Subject to section 13, the members of the staff of the Institute shall be employed on such terms and conditions as the Institute (subject to the approval of the Minister given with the concurrence of the Minister for Finance) from time to time determines.

(3) The Institute may suspend or dismiss a member of its staff, but only in accordance with procedures and subject to any conditions determined by the Institute, following consultations by it with recognised staff associations or trade unions; these procedures or conditions may provide for the delegation of powers relating to suspension or dismissal to the President.

(4) Subsection (3) shall apply to all members of the staff of the Institute, except those officers to whom subsections (3) and (4) (inserted by the Institutes of Technology Act 2006) of section 13 apply.”.

Amendment of section 13 of DIT Act.

40.— Section 13 of the DIT Act is amended by adding the following subsections after subsection (2):

“(3) (a) Sections 105, 106 and 107 of the Vocational Education Act 1930 and sections 7 and 8 of the Vocational Education (Amendment) Act 1944 shall apply to officers of the Institute who were appointed before the commencement of this subsection, with the substitution of references to the Institute for references to the vocational education committee.

(b) Notwithstanding section 7(5) of the Vocational Education (Amendment) Act 1944 , whenever an officer of the Institute to whom paragraph (a) applies is suspended under this Act the Institute may, if the Governing Body thinks fit, make with the consent of the Minister payments ex gratia to the suspended officer in lieu of the remuneration which, but for that suspension, would have been payable to that officer.

(i) shall be repayable by the officer to the Institute,

(ii) may be deducted from any moneys payable by the Institute to that officer, and

(iii) shall not be reckoned as salary or emolument for the purposes of the Education Sector Superannuation Scheme.

(4) (a) The Institute shall not remove any of its officers to whom this subsection applies from office without the consent of the Minister.

(b) This subsection applies to officers of the Institute appointed before the commencement of this subsection.”.

Amendment of section 14 of DIT Act.

41.— The DIT Act is amended by substituting the following section for section 14:

“

Budgets.

14.— (1) The Governing Body shall, on or before the 1st day of March in each financial year or such other date as An tÚdarás may approve (which may be a date before the commencement of the financial year to which the statement relates), prepare and submit to An tÚdarás, in such form and manner as may from time to time be approved by An tÚdarás, a statement of the proposed expenditure and expected income of the Institute for the financial year.

(2) An tÚdarás shall, having regard to the statement submitted under subsection (1), determine the amount of money to be allocated to the Institute for the financial year from moneys provided to An tÚdarás pursuant to section 12 of the Higher Education Authority Act 1971 , and the amount so allocated, together with the other expected income of the Institute as agreed with An tÚdarás, shall be the budget of the Institute for the financial year.

(3) When the budget of the Institute has been determined, it shall be a function of the President, acting on the authority of the Governing Body, to carry it into effect.

(4) An tÚdarás may at any time, on application made to it by the Governing Body, increase the amount of money to be allocated to the Institute from moneys provided to An tÚdarás.

(5) Where the President is of opinion that—

(a) the actual expenditure in a financial year, or

(b) a proposed course of action,

(6) Where the Governing Body, despite being so informed, decides—

(a) in the case of subsection (5)(a), not to decrease its actual expenditure, or

(b) in the case of subsection (5)(b), to continue with its proposed course of action,

the President, as soon as practicable, shall, unless he or she concludes that contrary to his or her foregoing opinion a material departure from the budget will not occur, inform An tÚdarás of the decision of the Governing Body.

(7) Where, notwithstanding this section, the Institute incurs expenditure in excess of its budget that is not met from the income of the Institute other than the money allocated to it by An tÚdarás, that excess shall be a first charge on the budget for the next succeeding financial year.

(8) The Institute may borrow money by means of bank overdraft or otherwise and may guarantee or underwrite a loan taken or borrowing undertaken by a person or a body of persons.

(9) Borrowing, guaranteeing and underwriting under subsection (8) shall be in accordance with arrangements entered into from time to time between the Institute and An tÚdarás; An tÚdarás shall consult with the Minister and the Minister for Finance before entering into such arrangements.”.

Amendment of section 15 of DIT Act.

42.— Section 15 of the DIT Act is amended—

(a) by substituting the following subsection for subsection (1):

“(1) The Governing Body shall, as soon as may be, but not later than 3 months, after the end of each academic year, prepare and publish a report of its proceedings during that year in such form as may be determined by An tÚdarás and provide a copy of such report to An tÚdarás and the Minister.”,

(b) in subsection (2), by substituting “An tÚdarás” for “the Vocational Education Committee”, and

“(3) The Institute shall supply to An tÚdarás such information as An tÚdarás may from time to time request relating to the number of persons employed by the Institute, their composition by grade, their terms and conditions of employment (including their remuneration, fees, allowances, expenses and superannuation) and any other related matters.”.

Repeal of section 16 of DIT Act.

43.— Section 16 of the DIT Act is repealed.

Amendment of section 17 of DIT Act.

44.— The DIT Act is amended by substituting the following section for section 17:

“Keeping of accounts and records.

17.— (1) The Institute shall keep, in such form as may be approved by An tÚdarás, all proper and usual accounts and records of all income received or expenditure incurred by it.

(2) Accounts kept in pursuance of subsection (1) shall, to the extent directed by the Comptroller and Auditor General, be submitted annually by the Institute to the Comptroller and Auditor General, for audit, by such date as the Comptroller and Auditor General may from time to time determine, and, immediately after the audit, a copy of the accounts, together with a copy of the report of the Comptroller and Auditor General on the accounts, shall be presented by the Institute to An tÚdarás and to the Minister.

(3) The Minister shall cause copies of the accounts presented under this section to the Minister by the Institute, together with copies of the report of the Comptroller and Auditor General on those accounts, to be laid before each House of the Oireachtas.”.

Amendment of section 19 of DIT Act.

45.— Section 19(1) of the DIT Act is amended by deleting “, after consultation with the Vocational Education Committee”.

Amendment of section 21 of DIT Act.

46.— The DIT Act is amended by substituting the following section for section 21:

“Inspection.

21.— The Minister, following consultation with An tÚdarás, may authorise any person or persons as the Minister may deem appropriate to report to the Minister on any matters regarding the operation of the Institute and such person or persons shall be entitled at all reasonable times to enter the Institute and shall be afforded every facility by the Institute, including access to all records, to perform their functions.”.

Governance of Dublin Institute of Technology.

47.— The DIT Act is amended by inserting the following sections after section 21:

“

Reserved functions.

21A.— (1) The Institute shall perform by resolution of the Governing Body such of the functions as are declared by this Act to be reserved functions and ‘reserved function’ shall in this Act be construed and have effect accordingly.

(2) The functions under sections 5(1)(a) to (k), 7, 9, 10, 21C, 21D and 21E are declared to be reserved functions.

(3) Any dispute as to whether or not a particular function is a reserved function shall be determined by the Minister.

(4) The President shall assist the Governing Body in the performance of its reserved functions, in such manner as the Governing Body may require.

(5) The Governing Body shall not perform by resolution of its members, or give a direction in relation to the performance of, a function that is not a reserved function.

Executive functions.

21B.— (1) Every function that is not a reserved function shall be an executive function, and ‘executive function’ shall, in this Act, be construed and have effect accordingly.

(2) Executive functions shall be performed by the President.

(3) The President shall provide such information to the Governing Body regarding the performance of his or her functions as the Governing Body may from time to time require.

(4) The President shall provide such information to the Minister or An tÚdarás regarding the performance of his or her functions as the Minister or An tÚdarás, as the case may be, may from time to time require.

Strategic development plan.

21C.— (1) The Governing Body shall, as soon as practicable but not later than 12 months after the commencement of this section and at such other times as it thinks fit, require the President to prepare a plan (in this Act referred to as a ‘strategic development plan’) that shall set out the aims of the Governing Body for the operation and development of the Institute and its strategy for achieving those aims, and for carrying out the functions under this Act, during the period, being not less than three years, to which the plan relates.

(2) The Governing Body may either approve the strategic development plan without modification or, after consultation with the President, approve the plan with such modifications as it thinks fit; in exercising its powers under this subsection the Governing Body shall have regard to the resources available to the Institute.

(3) As soon as practicable after it approves the strategic development plan under subsection (2), the Governing Body shall provide a copy of the plan to An tÚdarás and to the Minister.

Equality policy.

21D.— (1) The Governing Body shall, as soon as practicable but not later than 12 months after the commencement of this section and at such other times as it thinks fit, require the President to prepare a statement of the policies of the Institute in respect of—

(a) access to education in the Institute by economically or socially disadvantaged persons, by persons who have a disability and by persons from sections of society significantly under-represented in the student body, and

(b) equality, including gender equality, in all activities of the Institute,

and the President, in preparing the statement, shall have regard to such policies on those matters as may from time to time be determined by the Minister.

(2) The Governing Body may either approve the statement prepared under subsection (1) without modification or, after consultation with the President, approve the statement with such modifications as it thinks fit; in exercising its powers under this subsection the Governing Body shall have regard to the resources available to the Institute.

(3) The Institute shall implement the policies set out in the statement as approved under subsection (2).

Dispute resolution.

21E.— (1) The Governing Body shall establish procedures for the resolution of disputes that arise in the Institute.

(2) Subsection (1) shall not apply to industrial relations disputes, which shall be dealt with through normal industrial relations structures operating in the Institute.

(3) Procedures established under subsection (1) shall—

(a) be embodied in writing,

(b) be established following consultation with recognised staff associations and trade unions representing the staff of the Institute and with the students union or other student representative body, and

Reviews.

21F.— An tÚdarás may review—

(a) the strategic development plan prepared in accordance with section 21C, and

(b) the policies set out in the statement prepared under section 21D and their implementation by the Institute,

and may, following consultation with the Institute, publish a report, in such form and manner as it thinks fit, on the outcome of any such review.”.

Effect of certain orders.

48.— The DIT Act is amended by inserting the following section after section 23:

“Effect of certain orders.

23A.— (1) Each order made under section 5(2) shall, during the relevant period, be deemed always to have been valid.

(2) In this section ‘relevant period’ means the period beginning on the making of the order concerned referred to in subsection (1) and ending on the commencement of section 31 of the Institutes of Technology Act 2006.”.

Amendment of Second Schedule to DIT Act.

49.— The Second Schedule to the DIT Act is amended—

(a) by deleting paragraphs 2(5) and 3(3), and

(b) in paragraph 14(e), by deleting “subject to the approval of the Minister and to such terms and conditions as the Minister may lay down,”.

Amendment of Third Schedule to DIT Act.

50.— The DIT Act is amended by substituting the following Schedule for the Third Schedule:

“Section 9.

THIRD SCHEDULE

The President

1. The President shall, subject to this Act, manage and direct the carrying on by the Institute of its academic, administrative, financial, personnel and other activities and for those purposes have such powers as are necessary or expedient.

2. In performing his or her functions the President shall be subject to such policies as may be determined from time to time by the Governing Body and shall be answerable to the Governing Body for the efficient and effective management of the Institute and for the due performance of his or her functions.

3. (1) The President may delegate any of his or her functions to another member of the staff of the Institute, unless they are delegated to the President subject to the condition that they shall not be delegated further; that other member shall be answerable to the President for the performance of those functions.

(2) Notwithstanding any such delegation, the President shall at all times remain answerable to the Governing Body in respect of the functions so delegated.

4. The President shall not hold any other office or position without the consent of the Governing Body.

5. The President shall be entitled to be a member of, and preside over, any and every committee appointed by the Governing Body, except where the Governing Body with the concurrence of An tÚdarás decides otherwise.

6. The President shall be entitled to be a member of the Academic Council and, if present, shall preside at all meetings of that Council; he or she shall be entitled to be a member of every committee established by that Council.

7. Unless he or she resigns, retires or is removed from office, the President shall hold office for a period of 10 years.

8. The President shall, whenever required to do so by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, give evidence to that Committee on—

(b) the economy and efficiency of the Institute in the use of its resources,

(c) the systems, procedures and practices employed by the Institute for the purpose of evaluating the effectiveness of its operations, and

(d) any matter affecting the Institute referred to in a special report of the Comptroller and Auditor General under section 11(2) of the Comptroller and Auditor General (Amendment) Act 1993 , or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in subparagraph (a), (b) or (c)) that is laid before Dáil Éireann.

9. The President, if required under paragraph 8 to give evidence, shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy.

10. From time to time and whenever so requested, the President shall account for the performance of the Institute’s functions to a Committee of one or both Houses of the Oireachtas and shall have regard to any recommendations of such Committee relevant to these functions.”.

Amendment of section 2 of Dublin Institute of Technology (Amendment) Act 1994.

51.— The Dublin Institute of Technology (Amendment) Act 1994 is amended—

(a) in section 2(1), by inserting “, following consultation with An tÚdarás,” after “Minister”, where “Minister” firstly occurs in that subsection, and

(b) in section 4(1), by substituting the following for paragraph (a):

“(a) six persons shall be nominated by the Vocational Education Committee, none of whom shall be members of the staff of a college within the meaning of the Institute of Technology Acts 1992 to 2006 or the Institute;”.

PART 4

Miscellaneous

Amendment of Higher Education Authority Act 1971.

52.— The Higher Education Authority Act 1971 is amended—

(a) in section 1(1), by substituting the following definition for the definition of “institution of higher education”:

“ ‘ institution of higher education ’ means any of the following:

(a) a university,

(b) a college of a university,

(d) Dublin Institute of Technology,

(e) Royal College of Surgeons in Ireland,

(f) National College of Art and Design,

(g) Royal Irish Academy,

(h) such educational institutions as may be designated by order under section 5;”,

(b) in section 3—

(i) in paragraph (e), by substituting “education,” for “education.”, and

(ii) by adding after paragraph (e) the following:

“(f) promoting the attainment and maintenance of excellence in learning, teaching and research in higher education.”,

“Directions of Minister.

3A.— (1) The Minister may, from time to time, issue policy directions to An tÚdarás in relation to the performance of its functions under this Act in respect of the Dublin Institute of Technology or a college to which the Institutes of Technology Acts 1992 to 2006 apply.

(2) The Minister may by direction in writing amend or revoke a direction under this section (including a direction under this subsection).”,

(d) by substituting for section 4 the following:

“General duty with respect to national aims.

4.— In performing its functions, An tÚdarás shall have regard to the national aims of maximising the contribution of higher education to social and economic progress, restoring the Irish language and preserving the national culture, and shall endeavour to promote the attainment of those aims.”,

(e) by substituting for section 5 the following:

“

Designation of institutions of higher education.

5.— (1) The Minister may, at any time, appoint a body, the membership of which shall be recommended by An tÚdarás and shall include international experts and national experts, including employees of institutions of higher education to which this Act applies, to advise An tÚdarás on whether, having regard to the objects and functions of institutions of higher education currently in being, an educational institution should be designated as an institution of higher education.

(2) On the advice of the body and the recommendation of An tÚdarás, but subject to subsection (3), the Minister may, by order, provide that the institution shall be designated as an institution of higher education for the purposes of this Act and, on the making of the order, it shall be designated accordingly.

(3) The Minister shall not make an order under subsection (2) unless he or she has first caused to be laid before each House of the Oireachtas a draft of the proposed order and a resolution approving of the draft has been passed by both Houses.”,

(f) by inserting after section 12 the following:

“

Payments for persons providing support services.

12A.— (1) An tÚdarás may make payments to a person providing support services for the purpose of enabling or assisting that person to provide such services.

(2) Any such payment shall be made in such manner and subject to such conditions as An tÚdarás thinks fit.

(3) For the purposes of this section ‘a person providing support services’ means a body whose objects include the promotion, development or support of higher education and which the Minister, following consultation with An tÚdarás, designates as a body to whom this section applies.”,

and

(g) in the Schedule—

(i) by substituting for subparagraph (2) of paragraph 4 the following:

“(2) An ordinary member of An tÚdarás shall be appointed for a term not exceeding 5 years and his appointment may be renewed for a further term not exceeding 5 years, but after 2 consecutive terms in office, of whatever length, he shall not be eligible for further appointment until a period of 2 years has elapsed.”,

and

(ii) by inserting after paragraph 23 the following:

“24. The ordinary members of An tÚdarás who held office immediately before the commencement of this paragraph shall cease to hold office upon such commencement, but any such member shall, notwithstanding anything contained in paragraph 4(2) (as substituted by the Institutes of Technology Act 2006), be eligible to be reappointed for a term not exceeding 5 years as a member of An tÚdarás.”.

Amendment of Universities Act 1997.

53.— The Universities Act 1997 is amended—

(a) in section 24—

(i) in subsection (1), by deleting “, and the person so appointed shall be the accounting officer for the university”, and

(ii) by deleting subsection (2), and

(b) in the Fourth Schedule, by adding after paragraph 7 the following:

“8. A chief officer shall, whenever required to do so by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, give evidence to that Committee on—

(b) the economy and efficiency of the university in the use of its resources,

(c) the systems, procedures and practices employed by the university for the purpose of evaluating the effectiveness of its operations, and

(d) any matter affecting the university referred to in a special report of the Comptroller and Auditor General under section 11(2) of the Comptroller and Auditor General (Amendment) Act 1993 or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in subparagraph (a), (b) or (c)) that is laid before Dáil Éireann.

9. A chief officer, if required under paragraph 8 to give evidence, shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy.

10. From time to time and whenever so requested, a chief officer shall account for the performance of the university’s functions to a Committee of one or both Houses of the Oireachtas and shall have regard to any recommendations of such Committee relevant to these functions.”.

Amendment of Qualifications (Education and Training) Act 1999.

54.— The Qualifications (Education and Training) Act 1999 is amended—

(a) by deleting subsection (5) of section 50, and

(b) in the Second Schedule, by adding after paragraph 5 the following:

“6. The chief executive of a relevant body shall, whenever required to do so by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, give evidence to that Committee on—

(b) the economy and efficiency of the relevant body in the use of its resources,

(c) the systems, procedures and practices employed by the relevant body for the purpose of evaluating the effectiveness of its operations, and

(d) any matter affecting the relevant body referred to in a special report of the Comptroller and Auditor General under section 11(2) of the Comptroller and Auditor General (Amendment) Act 1993 or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in subparagraph (a), (b) or (c)) that is laid before Dáil Éireann.

7. The chief executive of a relevant body, if required under paragraph 6 to give evidence, shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy.

8. From time to time and whenever so requested, the chief executive of a relevant body shall account for the performance of the relevant body’s functions to a Committee of one or both Houses of the Oireachtas and shall have regard to any recommendations of such Committee relevant to these functions.”.

Repeal of sections 19, 37 and 38 of Vocational Education (Amendment) Act 2001.

55.— Sections 19, 37 and 38 of the Vocational Education (Amendment) Act 2001 are repealed.