{"id":2371,"date":"2021-09-03T21:33:30","date_gmt":"2021-09-03T21:33:30","guid":{"rendered":"http:\/\/legalblog.ie\/?p=2371"},"modified":"2024-04-10T22:08:33","modified_gmt":"2024-04-10T22:08:33","slug":"technical-colleges","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/technical-colleges\/","title":{"rendered":"Technical Colleges"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/technical-colleges\/#Institutes_of_Technology\" title=\"Institutes of Technology\">Institutes of Technology<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/technical-colleges\/#RTC_Backgrounds\" title=\"RTC Backgrounds\">RTC Backgrounds<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/technical-colleges\/#First_RTCs\" title=\"First RTCs\">First RTCs<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/technical-colleges\/#NCEA\" title=\"NCEA\">NCEA<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/technical-colleges\/#NQAI\" title=\"NQAI\">NQAI<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/technical-colleges\/#NIHEs_become_Universities\" title=\"NIHEs become Universities\">NIHEs become Universities<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/technical-colleges\/#Institutes_of_Technology-2\" title=\"Institutes of Technology\">Institutes of Technology<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/technical-colleges\/#DIT_Background\" title=\"DIT Background\">DIT Background<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/technical-colleges\/#Degrees_and_Awards\" title=\"Degrees and Awards\">Degrees and Awards<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/technical-colleges\/#Structure\" title=\"Structure\">Structure<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/technical-colleges\/#Regional_Technical_Colleges\" title=\"Regional Technical Colleges\">Regional Technical Colleges<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/technical-colleges\/#DIT_Act_and_Technology_University\" title=\"DIT Act and Technology University\">DIT Act and Technology University<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#REGIONAL_TECHNICAL_COLLEGES_ACT_1992\" title=\"REGIONAL TECHNICAL COLLEGES ACT 1992\">REGIONAL TECHNICAL COLLEGES ACT 1992<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Interpretation\" title=\"Interpretation.\">Interpretation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Establishment_of_colleges\" title=\"Establishment of colleges.\">Establishment of colleges.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Membership_of_colleges\" title=\"Membership of colleges.\">Membership of colleges.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Functions_of_colleges\" title=\"Functions of colleges.\">Functions of colleges.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Governing_bodies\" title=\"Governing bodies.\">Governing bodies.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Transitional_arrangements_for_membership_and_chairperson_of_governing_bodies\" title=\"Transitional arrangements for membership and chairperson of governing bodies.\">Transitional arrangements for membership and chairperson of governing bodies.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Functions_of_governing_bodies\" title=\"Functions of governing bodies.\">Functions of governing bodies.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Dissolution_of_governing_body\" title=\"Dissolution of governing body.\">Dissolution of governing body.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Director\" title=\"Director.\">Director.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Academic_council\" title=\"Academic council.\">Academic council.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#General_provisions_in_relation_to_staff\" title=\"General provisions in relation to staff.\">General provisions in relation to staff.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-25\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Provisions_in_relation_to_certain_staff\" title=\"Provisions in relation to certain staff.\">Provisions in relation to certain staff.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-26\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Provisions_in_relation_to_existing_staff\" title=\"Provisions in relation to existing staff.\">Provisions in relation to existing staff.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-27\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Budgets\" title=\"Budgets.\">Budgets.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-28\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Keeping_of_accounts_and_records\" title=\"Keeping of accounts and records.\">Keeping of accounts and records.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-29\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Fees_and_charges\" title=\"Fees and charges.\">Fees and charges.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-30\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Transfer_of_property_and_liabilities\" title=\"Transfer of property and liabilities.\">Transfer of property and liabilities.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-31\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Reserved_functions\" title=\"Reserved functions.\">Reserved functions.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-32\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Executive_functions\" title=\"Executive functions.\">Executive functions.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-33\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Strategic_development_plan\" title=\"Strategic development plan.\">Strategic development plan.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-34\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Equality_policy\" title=\"Equality policy.\">Equality policy.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-35\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Dispute_resolution\" title=\"Dispute resolution.\">Dispute resolution.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-36\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Reviews\" title=\"Reviews.\">Reviews.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-37\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Review_of_matter_and_report_by_governing_body_of_college\" title=\"Review of matter and report by governing body of college.\">Review of matter and report by governing body of college.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-38\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Regulations\" title=\"Regulations.\">Regulations.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-39\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Effect_of_certain_orders\" title=\"Effect of certain orders.\">Effect of certain orders.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-40\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#The_Colleges\" title=\"The Colleges\">The Colleges<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-41\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#The_Governing_Body\" title=\"The Governing Body\">The Governing Body<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-42\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Director-2\" title=\"Director\">Director<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-43\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#REGIONAL_TECHNICAL_COLLEGES_AMENDMENT_ACT_1994\" title=\"REGIONAL TECHNICAL COLLEGES (AMENDMENT) ACT, 1994\">REGIONAL TECHNICAL COLLEGES (AMENDMENT) ACT, 1994<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-44\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Appointment_of_Commission\" title=\"Appointment of Commission.\">Appointment of Commission.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-45\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Governing_body\" title=\"Governing body.\">Governing body.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-46\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Default_provisions\" title=\"Default provisions.\">Default provisions.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-47\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Amendment_of_the_Second_Schedule_to_the_Principal_Act\" title=\"Amendment of the Second Schedule to the Principal Act.\">Amendment of the Second Schedule to the Principal Act.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-48\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Failure_by_governing_body_to_make_regulations\" title=\"Failure by governing body to make regulations.\">Failure by governing body to make regulations.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-49\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#REGIONAL_TECHNICAL_COLLEGES_AMENDMENT_ACT_1999\" title=\"REGIONAL TECHNICAL COLLEGES (AMENDMENT) ACT, 1999\">REGIONAL TECHNICAL COLLEGES (AMENDMENT) ACT, 1999<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-50\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Interpretation-2\" title=\"Interpretation.\">Interpretation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-51\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Dissolution_of_Company\" title=\"Dissolution of Company.\">Dissolution of Company.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-52\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Governing_Body\" title=\"Governing Body\">Governing Body<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-53\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Transfer_of_assets_and_liabilities_of_Company\" title=\"Transfer of assets and liabilities of Company.\">Transfer of assets and liabilities of Company.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-54\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#County_Dublin_and_Dun_Laoghaire_Vocational_Education_Committees\" title=\"County Dublin and D\u00fan Laoghaire Vocational Education Committees.\">County Dublin and D\u00fan Laoghaire Vocational Education Committees.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-55\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#DUBLIN_INSTITUTE_OF_TECHNOLOGY_ACT_1992\" title=\"DUBLIN INSTITUTE OF TECHNOLOGY ACT, 1992\">DUBLIN INSTITUTE OF TECHNOLOGY ACT, 1992<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-56\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Interpretation-3\" title=\"Interpretation.\">Interpretation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-57\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Establishment_of_Institute\" title=\"Establishment of Institute.\">Establishment of Institute.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-58\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Membership_of_Institute\" title=\"Membership of Institute.\">Membership of Institute.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-59\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Functions_of_Institute\" title=\"Functions of Institute.\">Functions of Institute.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-60\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Governing_Body-2\" title=\"Governing Body.\">Governing Body.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-61\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Functions_of_Governing_Body\" title=\"Functions of Governing Body.\">Functions of Governing Body.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-62\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Dissolution_of_Governing_Body\" title=\"Dissolution of Governing Body.\">Dissolution of Governing Body.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-63\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#President\" title=\"President.\">President.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-64\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Directors_of_Institute\" title=\"Directors of Institute.\">Directors of Institute.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-65\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Academic_Council\" title=\"Academic Council.\">Academic Council.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-66\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#General_provisions_in_relation_to_staff-2\" title=\"General provisions in relation to staff.\">General provisions in relation to staff.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-67\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Programmes_and_budget\" title=\"Programmes and budget.\">Programmes and budget.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-68\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#DUBLIN_INSTITUTE_OF_TECHNOLOGY\" title=\"DUBLIN INSTITUTE OF TECHNOLOGY\">DUBLIN INSTITUTE OF TECHNOLOGY<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-69\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#THE_GOVERNING_BODY\" title=\"THE GOVERNING BODY\">THE GOVERNING BODY<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-70\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#INSTITUTES_OF_TECHNOLOGY_ACT_2006\" title=\"INSTITUTES OF TECHNOLOGY ACT 2006\">INSTITUTES OF TECHNOLOGY ACT 2006<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-71\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Definitions\" title=\"Definitions.\">Definitions.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-72\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Amendment_of_Regional_Technical_Colleges_Acts\" title=\"Amendment of Regional Technical Colleges Acts\">Amendment of Regional Technical Colleges Acts<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-73\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Amendment_of_section_3_of_RTC_Act\" title=\"Amendment of section 3 of RTC Act.\">Amendment of section 3 of RTC Act.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-74\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Amendment_of_section_5_of_RTC_Act\" title=\"Amendment of section 5 of RTC Act.\">Amendment of section 5 of RTC Act.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-75\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Academic_freedom\" title=\"Academic freedom.\">Academic freedom.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-76\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Functions_of_governing_bodies-2\" title=\"Functions of governing bodies.\">Functions of governing bodies.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-77\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Amendments_of_RTC_Act\" title=\"Amendments of RTC Act\">Amendments of RTC Act<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-78\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Provisions_in_relation_to_certain_staff-2\" title=\"Provisions in relation to certain staff.\">Provisions in relation to certain staff.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-79\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Amendment_of_section_12_of_RTC_Act\" title=\"Amendment of section 12 of RTC Act.\">Amendment of section 12 of RTC Act.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-80\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Budgets-2\" title=\"Budgets.\">Budgets.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-81\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Amendment_of_section_14_of_RTC_Act\" title=\"Amendment of section 14 of RTC Act.\">Amendment of section 14 of RTC Act.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-82\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Inspection\" title=\"Inspection.\">Inspection.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-83\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Governance_of_institutes_of_technology\" title=\"Governance of institutes of technology.\">Governance of institutes of technology.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-84\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#%E2%80%9CReserved_functions\" title=\"\u201cReserved functions.\">\u201cReserved functions.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-85\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Executive_functions-2\" title=\"Executive functions.\">Executive functions.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-86\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Strategic_development_plan-2\" title=\"Strategic development plan.\">Strategic development plan.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-87\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Equality_policy-2\" title=\"Equality policy.\">Equality policy.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-88\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Dispute_resolution-2\" title=\"Dispute resolution.\">Dispute resolution.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-89\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Reviews-2\" title=\"Reviews.\">Reviews.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-90\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Amendment_of_First_Schedule_to_RTC_Act\" title=\"Amendment of First Schedule to RTC Act.\">Amendment of First Schedule to RTC Act.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-91\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#The_Colleges-2\" title=\"The Colleges\">The Colleges<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-92\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Director-3\" title=\"Director\">Director<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-93\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Amendment_of_Dublin_Institute_of_Technology_Acts\" title=\"Amendment of Dublin Institute of Technology Acts\">Amendment of Dublin Institute of Technology Acts<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-94\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#General_provisions_in_relation_to_staff-3\" title=\"General provisions in relation to staff.\">General provisions in relation to staff.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-95\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Budgets-3\" title=\"Budgets.\">Budgets.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-96\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Governance_of_Dublin_Institute_of_Technology\" title=\"Governance of Dublin Institute of Technology.\">Governance of Dublin Institute of Technology.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-97\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Reserved_functions-2\" title=\"Reserved functions.\">Reserved functions.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-98\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Executive_functions-3\" title=\"Executive functions.\">Executive functions.<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-99\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Equality_policy-3\" title=\"Equality policy.\">Equality policy.<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-100\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Dispute_resolution-3\" title=\"Dispute resolution.\">Dispute resolution.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-101\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Designation_of_institutions_of_higher_education\" title=\"Designation of institutions of higher education.\">Designation of institutions of higher education.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-102\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Payments_for_persons_providing_support_services\" title=\"Payments for persons providing support services.\">Payments for persons providing support services.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-103\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Amendment_of_Universities_Act_1997\" title=\"Amendment of Universities Act 1997.\">Amendment of Universities Act 1997.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-104\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#NATIONAL_COLLEGE_OF_ART_AND_DESIGN_ACT_1971\" title=\"NATIONAL COLLEGE OF ART AND DESIGN ACT 1971\">NATIONAL COLLEGE OF ART AND DESIGN ACT 1971<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-105\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Interpretation-4\" title=\"Interpretation.\">Interpretation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-106\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#The_College\" title=\"The College.\">The College.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-107\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Establishment_of_An_Bord\" title=\"Establishment of An Bord.\">Establishment of An Bord.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-108\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Functions_of_An_Bord_generally\" title=\"Functions of An Bord generally.\">Functions of An Bord generally.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-109\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Academic_freedom-2\" title=\"Academic freedom\">Academic freedom<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-110\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Members_of_An_Bord\" title=\"Members of An Bord.\">Members of An Bord.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-111\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Term_of_office_of_members_of_An_Bord\" title=\"Term of office of members of An Bord.\">Term of office of members of An Bord.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-112\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Disclosure_by_member_of_An_Bord_of_interest_in_proposed_contract_or_appointment\" title=\"Disclosure by member of An Bord of interest in proposed contract or appointment.\">Disclosure by member of An Bord of interest in proposed contract or appointment.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-113\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Meetings_and_procedure_of_An_Bord%C2%B7\" title=\"Meetings and procedure of An Bord\u00b7\">Meetings and procedure of An Bord\u00b7<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-114\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Grants_to_An_Bord\" title=\"Grants to An Bord.\">Grants to An Bord.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-115\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Accounts_and_audits\" title=\"Accounts and audits.\">Accounts and audits.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-116\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Annual_report_and_information_to_Minister\" title=\"Annual report and information to Minister.\">Annual report and information to Minister.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-117\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#Review_of_matter_and_report_by_An_Bord\" title=\"Review of matter and report by An Bord\">Review of matter and report by An Bord<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-118\" href=\"https:\/\/legalblog.ie\/technical-colleges\/2\/#The_Director_and_Registrar_and_officers_and_servants\" title=\"The Director and Registrar and officers and servants.\">The Director and Registrar and officers and servants.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Institutes_of_Technology\"><\/span>Institutes of Technology<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The non-university sector remains under the control of the Minister for Education. \u00a0The university and non-university sectors are perceived as having different roles. The non-university sector was expected to develop a distinct role in relation to technical training and practical orientation of programs and maintain a regional focus.<\/p>\n<p>There were two categories of Institute of Technology.\u00a0 One group comprises 13 which emerge from the Regional Technical Colleges.<\/p>\n<p>The other is the Dublin Institute of Technology which had a different origin and a significantly higher number of students than the other institutes, \u00a0operating a wider range of courses. In 2014, the institution entered into a formal process which led to its designation as a technological university, jointly with two other institutions, the Institute of Technology, Blanchardst<a href=\"https:\/\/en.wikipedia.org\/wiki\/Institute_of_Technology,_Blanchardstown\">own<\/a> and the Institute of Technology, Tallaght.<\/p>\n<p>The Technological University Dublin, &#8220;TU Dublin&#8221;, was approved in July 2018. It was launched on 1 January 2019.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"RTC_Backgrounds\"><\/span>RTC Backgrounds<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In September 1966, the Minister for Education announced the establishment of eight Regional Technical Colleges.\u00a0 A steering committee was appointed to advise on technical education, and it presented its report in 1967. The report envisaged the colleges as educating for trade and industry over a broad range of occupations from craft to professional levels.<\/p>\n<p>It contemplated courses in engineering, science, commercial, linguistic and other specialities.\u00a0 It presumed the colleges would provide<\/p>\n<ul>\n<li>senior cycle post-primary courses to Leaving Certificate<\/li>\n<li>Junior and senior trade certificate courses<\/li>\n<li>Courses for technicians with qualifications at various levels.<\/li>\n<li>Courses leading to higher educational qualifications including professional level<\/li>\n<li>Adult education courses<\/li>\n<\/ul>\n<p>The Committee had not recommended that the Regional Technical Colleges would be managed by the VECs. \u00a0The Irish Vocational Education Association lobbied to obtain control of the colleges.<\/p>\n<p>In 1969 the Department of Education announced that they would be managed by the Board of Management appointed under section 21 of the VEC Act 1930.\u00a0 The chief accounting officer for the Regional Technical Colleges was the CEO of the relevant VEC.\u00a0 The management system was criticised as failing to give the RTCs a distinct role from the second level VECs. The above arrangements existed until the Regional Technical Colleges Act 1992 was enacted.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"First_RTCs\"><\/span>First RTCs<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The first five regional and technical colleges at Athlone, Carlow, Sligo, Dundalk and Waterford commenced in 1970.\u00a0 VECS opened in Letterkenny in 1971, Galway in 1972, Cork 1974. Tralee Technical College became an RTC in 1977. Competitive scholarships were introduced which differed from the higher education grant provisions made in 1968.<\/p>\n<p>In the early years, courses of technician and higher technician level comprised a significant part of the work of the colleges at certificate and diploma level. The National Council for Educational Awards was the validating body for RTC.\u00a0 It awarded qualifications from most courses.\u00a0 Where courses were for external professional agencies, they certified the award.<\/p>\n<p>The course framework evolved to include a national certificate after two years&#8217; study and a national diploma after either a further year of study or on completion of a three-year course. \u00a0A degree required the equivalent of four years of full-time study.<\/p>\n<p>The European Social Funds supported students in the non-universities act.\u00a0 By the mid-1980s there were over 12,000 students on ESF supported courses.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"NCEA\"><\/span>NCEA<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The advisory committee established in 1966\u00a0 recommended the establishment of the National Council for Educational Awards. This was established on a non-statutory basis in 1972.\u00a0 It recommended the establishment of regional educational councils, which recommendation was not in fact implemented.<\/p>\n<p>The 1974 proposals by the coalition government proposed to abandon the so-called binary policy for higher education in favour of a comprehensive model.\u00a0 Degree awarding powers were to be withdrawn from the NCEA which was to be restructured.<\/p>\n<p>The Education Bill 1976 was not passed and after the 1977 general election, the binary policy was re-established, with degree awarding powers being reserved to the NCEA.<\/p>\n<p>The National Council for Educational Awards was put on a statutory footing in 1979.\u00a0 It was given the general functions of promoting, coordinating, developing technical, industrial, scientific, technological and commercial education outside the universities.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"NQAI\"><\/span>NQAI<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Qualifications (Education and Training) Act established a National Qualifications Authority of Ireland, The Higher Education and Training Awards Council and Further Education and Training Awards Council.\u00a0 They absorbed the functions of the National Council for Education Awards and the National Council for Vocational Awards together with some other agencies.<\/p>\n<p>Awards by the Institutes of Technology are under the auspices of the NQAI \u00a0and they must liaise with the authority and ensure that the awards fit within its framework. The framework seeks to provide a comprehensive pattern of awards.\u00a0 Awards are structured in 10 levels based on learning outcome criteria.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"NIHEs_become_Universities\"><\/span>NIHEs become Universities<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The National Institutes for Higher Education in Limerick and Dublin pressed for recognition as universities in the 1980s.\u00a0 The government appointed an international group to examine the case for the establishment of a technological university at those colleges.<\/p>\n<p>It recommended that the NIHEs be established as an independent university with accrediting powers. The legislation was passed in 1989; changing the institutes the universities.\u00a0 Their directors designated the president and there were awarded powers to give degrees, diplomas and certificates<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Institutes_of_Technology-2\"><\/span>Institutes of Technology<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Regional Technical Colleges Act removed the RTCs from VEC control and gave them greater operational freedom under the auspices of the Department of Education.\u00a0 The roles in undertaking research and consultancy was expanded. They were to engage in the research and technology transfer program with industry.<\/p>\n<p>In 1998 the Regional Technical Colleges were renamed as Institutes of Technology.\u00a0 In 2003 Waterford and Cork Institutes were given power to award degrees. \u00a0In 2003 Waterford was given the right to conform Masters and Doctoral degrees.<\/p>\n<p>The Tallaght Institute of Technology was established to make up for a regional shortfall in third-level non-university education.\u00a0 The Dun Laoghaire Institute of Art, Design and Technology and The Institute of Technology in Blanchardstown were established.<\/p>\n<p>In 1998 the Limerick Technical College became Limerick Institute of Technology increasing the number of Institutes of Technology.<\/p>\n<p>The institutes account for 40 percent of the enrolments to higher education.\u00a0 Most students study for national certificates or diploma levels.\u00a0 The remainder study for degrees and post-graduate degrees levels.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"DIT_Background\"><\/span>DIT Background<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Dublin Institute of Technology evolved differently from the other institutes.\u00a0 It was established by the City of Dublin VEC in 1977 by amalgamating six colleges, under its control.<\/p>\n<ul>\n<li>College of Technology, Kevin Street,1881<\/li>\n<li>College of Music, Chatham Row and Adelaide Road 1890<\/li>\n<li>College of Commerce, Rathmines, 1901<\/li>\n<li>College of Marketing and Design, Mountjoy Square 1905<\/li>\n<li>College of Technology, Bolton Street, 1911<\/li>\n<li>College of Catering, Cathal Brugha Street, 1941.<\/li>\n<\/ul>\n<p>Most of the above institutions had offered second-level courses in their earlier years. \u00a0They focused on applied education and training in particular occupations and skills.\u00a0 They held counselling to the relevant industries, professionals and trade unions.<\/p>\n<p>In the 1970s the colleges re-focused their courses on the needs of the industry and commence.\u00a0 Originally it was intended that they be transferred to have NIHE status, but this was resisted.<\/p>\n<p>The Dublin Institute of Technology was established on an informal basis in 1978 to coordinate the above colleges.\u00a0 The governing body was established.\u00a0 The individual college councils, academic councils and the apprentice education board reported to it rather than to the parent VEC.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Degrees_and_Awards\"><\/span>Degrees and Awards<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In 1976 it entered a partnership arrangement with Trinity College, by which Trinity conferred some degree courses offered by the DIT.\u00a0 Over time, a significant number of courses in arts, engineering, building science, tourism, food, and business were recognised for degree awards from Trinity College.<\/p>\n<p>After 1998 the degree-awarding power was extended to the Institute and the relationship with Trinity College was phased out by ministerial order in 1997. This arrangement ceased in 2004 and a new framework was evolved.<\/p>\n<p>The DIT was subject to legislation in 1992. Unlike the RTCS the DIT was given the power to grant diplomas, certificates and other awards.\u00a0 The Act allowed for the conferral of degree and post-graduate degree powers on the college by the Department of Education.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Structure\"><\/span>Structure<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Act provides for the functions of the institute. It primarily provides vocational and technical education and training for economic, technological, scientific, commercial, industrial, social and cultural development of the State.<\/p>\n<p>The institute may engage in research consultancy and development work by itself or in partnership with other institutions.\u00a0 Certain of its functions are subject to Department of Education approval.<\/p>\n<p>The DIT offers courses ranging from apprenticeship to PhDs. It had a large range of full-time and part-time students.\u00a0 It has a significant mature student program. The institutes have obtained independence and modern management structures under recent legislation.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Regional_Technical_Colleges\"><\/span>Regional Technical Colleges<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Dublin Institute of Technology and the Regional Technical Colleges, now Institutes of Technology developed in parallel to the universities since the 1960s.\u00a0 The Regional Technical Colleges were established in the early 1970s operating under the local Vocational Education Committees.<\/p>\n<p>In 1992, the Regional Technical Colleges Act modernised the institutes of technology and gave them greater autonomy and self-governance.\u00a0 They were subject to monitoring by the Department of Education.<\/p>\n<p>Through the 1990s the Regional Technical Colleges pressed for recognition as universities.\u00a0 Following a review by a special group of the technology sector, it was recommended that all RTCs should be designated Institutes of Technology.\u00a0 This took place in January 1998. By 2003, Waterford and Cork Institutes of Technology were given the right to award degrees.\u00a0 Waterford Institute of Technology has continued to press for university status.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"DIT_Act_and_Technology_University\"><\/span>DIT Act and Technology University<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Dublin Institute of Technology Act 1992 removed the authority of the Dublin VECs.\u00a0 DIT was given the power to confer diplomas, certificates and other awards.\u00a0 It was granted functions that can include conferring of degrees, post-graduate degrees and honorary degrees.<\/p>\n<p>A review team was appointed in 1995 to review quality assurance at the DIT.\u00a0 The group recommended its degree-awarding power be extended. DIT sought recognition as a university in the Universities Act 1997 but this was not granted. \u00a0A body was set up to advise the government on whether DIT should be accorded status as a university.\u00a0 It is recommended that be so designated within three to five years.<\/p>\n<p>In 1975 the University of Dublin entered into an agreement whereby it conferred academic degrees at the colleges that formed the Dublin Institute of Technology; this allowed these graduates a vote in the University of Dublin constituency for Seanad \u00c9ireann representatives. This continued until 1998, when the Dublin Institute of Technology was granted its own autonomous degree-awarding powers under the Dublin Institute of Technology Act 1992<\/p>\n<p>In 2014, the institution entered into a process that led to its designation as a technological university, jointly with two other institutions, the Institute of Technology, Blanchardstown and the Institute of Technology, Tallaght. The Technological University Dublin, &#8220;TU Dublin&#8221;, was launched 1 January 2019.<\/p>\n<p><!--nextpage--><\/p>\n<h2>REGIONAL TECHNICAL COLLEGES ACT 1992<\/h2>\n<p>REVISED<\/p>\n<p>Updated to 10 November 2022<\/p>\n<p>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]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:<\/p>\n<p>Annotations<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C1<br \/>\nFunctions 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.<\/p>\n<p>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.<\/p>\n<p>(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.<\/p>\n<p>3. (1) The functions vested in the Minister for Education and Skills &#8211;<\/p>\n<p>(a) by or under the Acts specified in Part 1 of the Schedule, and<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>&#8230;<\/p>\n<p>SCHEDULE<\/p>\n<p>Article 3<\/p>\n<p>Part 1<\/p>\n<p>&#8230;<\/p>\n<p>Institutes of Technology Acts 1992 to 2006<\/p>\n<p>&#8230;<\/p>\n<p>Section 1<br \/>\nCommencement.<\/p>\n<p>1.\u2014This Act shall come into operation on such day as the Minister shall by order appoint.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E1<br \/>\nPower pursuant to section exercised (1.01.1993) by Regional Technical Colleges Act, 1992 (Commencement) Order 1992 (S.I. No. 33 of 1992).<\/p>\n<p>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.<\/p>\n<p>Section 2<\/p>\n<h4>Interpretation.<\/h4>\n<p>2.\u2014(1) In this Act\u2014<\/p>\n<p>\u201cacademic council\u201d has the meaning assigned to it by section 10 of this Act;<\/p>\n<p>F1[&#8220;An t\u00dadar\u00e1s&#8221; means An t\u00dadar\u00e1s umArd-Oideachas;]<\/p>\n<p>F2[&#8220;college&#8221; 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; ]<\/p>\n<p>\u201ccourse of study\u201d 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;<\/p>\n<p>\u201cthe Director\u201d in relation to a college, means the person appointed under section 9 of this Act to be the Director of the college;<\/p>\n<p>F3[&#8220;education and training board&#8221; in relation to a college, means the education and training board in whose education and training board area the college is situated; ]<\/p>\n<p>F4[&#8220;education and training board&#8221; means an education and training board established under the Education and Training Boards Act 2013;]<\/p>\n<p>\u201cestablishment\u201d and \u201cestablishment date\u201d 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;<\/p>\n<p>\u201cfunctions\u201d includes powers and duties;<\/p>\n<p>\u201cgoverning body\u201d, in relation to a college, means the governing body of the college established by section 6 of this Act;<\/p>\n<p>\u201cgraduate\u201d 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;<\/p>\n<p>\u201clocal authority\u201d means the council of a county, the council of a county or other borough or the council of an urban district;<\/p>\n<p>\u201cthe Minister\u201d means the Minister for Education;<\/p>\n<p>F5[\u2026]<\/p>\n<p>F6[\u201cregulations of the college\u201d, in relation to a college, means rules made by the governing body of the college under paragraph 12 of the Second Schedule;<\/p>\n<p>\u201cstudent\u201d, 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;<\/p>\n<p>\u201cstudent union\u201d, in relation to a college, means the student union or other student representative body recognised by the college;]<\/p>\n<p>(2) A reference in this Act to the performance of functions includes a reference to the exercise of powers and the performance of duties.<\/p>\n<p>(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.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F1<br \/>\nInserted (1.02.2007) by Institutes of Technology Act 2006 (25\/2006), s. 3(a), S.I. No. 36 of 2007.<\/p>\n<p>F2<br \/>\nSubstituted (1.02.2007) by Institutes of Technology Act 2006 (25\/2006), s. 3(b), S.I. No. 36 of 2007.<\/p>\n<p>F3<br \/>\nInserted (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.<\/p>\n<p>F4<br \/>\nSubstituted (24.04.2018) by Technological Universities Act 2018 (3\/2018), s. 80(a), S.I. No. 124 of 2018.<\/p>\n<p>F5<br \/>\nDeleted (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.<\/p>\n<p>F6<br \/>\nInserted (10.11.2022) by Higher Education Authority Act 2022 (31\/2022), s. 106, S.I. No. 554 of 2022.<\/p>\n<p>F7<br \/>\nInserted by Technological Universities Act 2018 (3\/2018), s. 80(b), not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C2<br \/>\nProspective affecting provision: definitions inserted by Technological Universities Act 2018 (3\/2018), s. 80(b), not commenced as of date of revision.<\/p>\n<p>F7[&#8220;regulations of the college&#8221; means rules made by the governing body under paragraph 12 of the Second Schedule;<\/p>\n<p>&#8220;student&#8221; 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;<\/p>\n<p>&#8220;student union&#8221; means the student union or other student representative body recognised by the college;]<\/p>\n<p>C3<br \/>\nFunctions 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.<\/p>\n<p>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.<\/p>\n<p>(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.<\/p>\n<p>3. (1) The functions vested in the Minister for Education and Skills &#8211;<\/p>\n<p>(a) by or under the Acts specified in Part 1 of the Schedule, and<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>&#8230;<\/p>\n<p>SCHEDULE<\/p>\n<p>Article 3<\/p>\n<p>Part 1<\/p>\n<p>&#8230;<\/p>\n<p>Institutes of Technology Acts 1992 to 2006<\/p>\n<p>&#8230;<\/p>\n<p>Editorial Notes:<\/p>\n<p>E2<br \/>\nPrevious affecting provision: definition of \u201ceducation and training board\u201d 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.<\/p>\n<p>Section 3<\/p>\n<h4>Establishment of colleges.<\/h4>\n<p>3.\u2014F8[(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.<\/p>\n<p>(b) Col\u00e1iste Eala\u00edne agus Deartha Crawford (Crawford College of Art and Design), Ceol-Scoil Chorca\u00ed (Cork School of Music) and Col\u00e1iste N\u00e1isi\u00fanta Mara na h\u00c9ireann (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.<\/p>\n<p>(c) (i) Col\u00e1iste Turas\u00f3ireachta 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.<\/p>\n<p>(ii) Every person who, immediately before the commencement of this paragraph, is\u2014<\/p>\n<p>(I) an employee of County Donegal Vocational Education Committee, and<\/p>\n<p>(II) working for the college referred to in subparagraph (i),<\/p>\n<p>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.]<\/p>\n<p>(2) F9[\u2026]<\/p>\n<p>(3) F10[\u2026]<\/p>\n<p>(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.<\/p>\n<p>(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].<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F8<br \/>\nSubstituted (1.02.2007) by Institutes of Technology Act 2006 (25\/2006), s. 4(a), S.I. No. 36 of 2007.<\/p>\n<p>F9<br \/>\nDeleted (1.02.2007) by Institutes of Technology Act 2006 (25\/2006), s. 4(b), S.I. No. 36 of 2007.<\/p>\n<p>F10<br \/>\nDeleted (1.02.2007) by Institutes of Technology Act 2006 (25\/2006), s. 4(b), S.I. No. 36 of 2007.<\/p>\n<p>F11<br \/>\nSubstituted (10.11.2022) by Higher Education Authority Act 2022 (31\/2022), s. 107, S.I. No. 554 of 2022.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E3<br \/>\nPrevious 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.<\/p>\n<p>E4<br \/>\nPrevious 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.<\/p>\n<p>E5<br \/>\nPrevious 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.<\/p>\n<p>E6<br \/>\nPrevious 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.<\/p>\n<p>E7<br \/>\nPrevious 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.<\/p>\n<p>E8<br \/>\nPrevious 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.<\/p>\n<p>Section 3A<br \/>\nF12[Appointment of committee to advise An t\u00dadar\u00e1s.<\/p>\n<p>3A. F13[\u2026]]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F12<br \/>\nInserted (11.06.2001) by Qualifications (Education and Training) Act 1999 (26\/1999), s. 32(b), S.I. No. 418 of 2001.<\/p>\n<p>F13<br \/>\nRepealed (1.02.2007) by Institutes of Technology Act 2006 (25\/2006), s. 5, S.I. No. 36 of 2007.<\/p>\n<p>Section 4<\/p>\n<h4>Membership of colleges.<\/h4>\n<p>4.\u2014(1) The members of a college shall be\u2014<\/p>\n<p>(a) the members of the governing body,<\/p>\n<p>(b) the members of the academic council,<\/p>\n<p>(c) the members of the staff,<\/p>\n<p>(d) the registered students of the college,<\/p>\n<p>(e) the graduates of the college,<\/p>\n<p>(f) such other persons as the governing body may appoint to be members.<\/p>\n<p>(2) Membership of a college under subsection (1) (f) shall continue until the governing body otherwise declares.<\/p>\n<p>Section 5<\/p>\n<h4>Functions of colleges.<\/h4>\n<p>5.\u2014(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\u2014<\/p>\n<p>(a) to provide such courses of study as the governing body of the college considers appropriate;<\/p>\n<p>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;]<\/p>\n<p>F15[(bb) F16[\u2026]]<\/p>\n<p>(c) subject to such conditions as F17[An t\u00dadar\u00e1s] 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;<\/p>\n<p>(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;<\/p>\n<p>F18[(e) in relation to any of the following companies or undertakings and in accordance with the following law, namely\u2014<\/p>\n<p>(i) a limited liability company in the State \u2014 in accordance with the Companies Acts, or<\/p>\n<p>(ii) a company or undertaking (the liability of members of which is limited) in a state other than the State \u2014 in accordance with the law of that state, to\u2014<\/p>\n<p>(I) promote and take part in the formation of it,<\/p>\n<p>(II) acquire, hold or dispose of shares or other interests in its capital, or<\/p>\n<p>(III) participate in the management or direction of it,<\/p>\n<p>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; ]<\/p>\n<p>(f) to institute and, if thought fit, to award scholarships, prizes and other awards;<\/p>\n<p>(g) to maintain, manage, administer and invest all the money and assets of the college;<\/p>\n<p>(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;<\/p>\n<p>F20[(i) subject to the consent of the Minister to acquire, hold and dispose of land, an interest in land or any other property;]<\/p>\n<p>(j) to do all such acts and things as may be necessary to further the objects and development of the college.<\/p>\n<p>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.]<\/p>\n<p>(2) F21[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F14<br \/>\nInserted (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.<\/p>\n<p>F15<br \/>\nInserted (11.06.2001) by Qualifications (Education and Training) Act 1999 (26\/1999), s. 32(c), S.I. No. 418 of 2001.<\/p>\n<p>F16<br \/>\nDeleted (5.11.2012) by Qualifications and Quality Assurance (Education and Training) Act 2012 (28\/2012), s. 86 and sch. 3 item 3.<\/p>\n<p>F17<br \/>\nSubstituted (1.02.2007) by Institutes of Technology Act (25\/2006), s. 6(a)(i), S.I. No. 36 of 2007.<\/p>\n<p>F18<br \/>\nSubstituted (1.02.2007) by Institutes of Technology Act 2006 (25\/2006), s. 6(a)(ii), S.I. No. 36 of 2007.<\/p>\n<p>F19<br \/>\nSubstituted (1.02.2007) by Institutes of Technology Act 2006 (25\/2006), s. 6(a)(iii), S.I. No. 36 of 2007.<\/p>\n<p>F20<br \/>\nSubstituted (10.11.2022) by Higher Education Authority Act 2022 (31\/2022), s. 108, S.I. No. 554 of 2022.<\/p>\n<p>F21<br \/>\nDeleted (1.02.2007) by Institutes of Technology Act 2006 (25\/2006), s. 6(b), S.I. No. 36 of 2007.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E9<br \/>\nPrevious 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.<\/p>\n<p>E10<br \/>\nPrevious 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.<\/p>\n<p>E11<br \/>\nPrevious 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.<\/p>\n<p>E12<br \/>\nPrevious 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.<\/p>\n<p>E13<br \/>\nPrevious 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.<\/p>\n<p>Section 5A<br \/>\nF22[ Academic freedom.<\/p>\n<p>5A.\u2014(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.<\/p>\n<p>(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.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F22<br \/>\nInserted (1.02.2007) by Institutes of Technology Act 2006 (26\/2006), s. 7, S.I. No. 36 of 2007.<\/p>\n<p>Section 6<\/p>\n<h4>Governing bodies.<\/h4>\n<p>F23[6.\u2014(1) A college shall have a governing body established under this Act to perform the functions conferred on the college by this Act.<\/p>\n<p>(2) The Second Schedule shall apply to a governing body.<\/p>\n<p>(3) Subject to this Act, a governing body shall consist of 19 members as determined in accordance with this section.<\/p>\n<p>(4) The members of a governing body shall be \u2014<\/p>\n<p>(a) a chairperson (in this section and in the Second Schedule referred to as the &#8220;chairperson&#8221;), who shall be an external member, appointed by the governing body,<\/p>\n<p>(b) 9 external members (other than the chairperson), appointed by the governing body,<\/p>\n<p>(c) the Director,<\/p>\n<p>(d) 5 internal members (other than the Director), being \u2014<\/p>\n<p>(i) 3 members of the academic staff of the college, elected by the academic staff of the college,<\/p>\n<p>(ii) one member of the non-academic staff of the college, elected by the non-academic staff of the college, and<\/p>\n<p>(iii) one other internal member of the college,<\/p>\n<p>and<\/p>\n<p>(e) 3 student union representatives appointed by the governing body.<\/p>\n<p>(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).<\/p>\n<p>(6) Subject to subsection (7), with regard to the appointment of external members of a governing body \u2014<\/p>\n<p>(a) 3 such members shall be nominated by the Minister, and<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(10) In performing functions under this section, the Minister and a governing body shall have regard to the objectives that \u2014<\/p>\n<p>(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,<\/p>\n<p>(b) the membership of the governing body shall take account of the region served by the college, and<\/p>\n<p>(c) the membership of the governing body shall broadly reflect the composition of Irish society, including persons who are competent in the Irish language.<\/p>\n<p>(11) In this section \u2014<\/p>\n<p>\u201cexternal member\u201d, 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;<\/p>\n<p>\u201cinternal member\u201d, 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;<\/p>\n<p>\u201cstudent member\u201d, in relation to a governing body, means a member of the governing body who is a student at the college.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F23<br \/>\nSubstituted (10.11.2022) by Higher Education Authority Act 2022 (31\/2022), s. 109, S.I. No. 554 of 2022.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>Editorial Notes:<\/p>\n<p>E14<br \/>\nPrevious affecting provision: section substituted by Technological Universities Act 2018 (3\/2018), s. 82(1), not commenced; section substituted as per F-note above.<\/p>\n<p>E15<br \/>\nPrevious 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.<\/p>\n<p>E16<br \/>\nPrevious 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.<\/p>\n<p>E17<br \/>\nRegional 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 \u201ceducation and training board\u201d for \u201cvocational education committee\u201d 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 \u201cvocational education committee\u201d with \u201ceducation and training board\u201d.<\/p>\n<p>Section 6A<br \/>\nF24[<\/p>\n<h4>Transitional arrangements for membership and chairperson of governing bodies.<\/h4>\n<p>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).<\/p>\n<p>(2) Subject to subsections (3) to (5), a governing body of a college shall, within 12 months of the relevant date\u2014<\/p>\n<p>(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),<\/p>\n<p>(b) appoint the members (other than the Director) of the governing body accordingly, and<\/p>\n<p>(c) by notice in writing, inform the Minister of the composition as so determined.<\/p>\n<p>(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).<\/p>\n<p>(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).<\/p>\n<p>(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)\u2014<\/p>\n<p>(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<\/p>\n<p>(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).<\/p>\n<p>(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.<\/p>\n<p>(6) In this section \u2014<\/p>\n<p>\u201cAct of 2022\u201d means the Higher Education Authority Act 2022;<\/p>\n<p>\u201crelevant date\u201d means the date on which section 109 of the Act of 2022 comes into operation.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F24<br \/>\nInserted (10.11.2022) by Higher Education Authority Act 2022 (31\/2022), s. 110, S.I. No. 554 of 2022.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E18<br \/>\nThe section heading is taken from the amending section in the absence of one included in the amendment.<\/p>\n<p>Section 7<br \/>\nF25[<\/p>\n<h4>Functions of governing bodies.<\/h4>\n<p>7.\u2014(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\u2019s budget under section 13\u2014<\/p>\n<p>(a) to control and administer the land and other property of the college,<\/p>\n<p>(b) to appoint the Director and such other staff as it thinks necessary for the purposes of the college, and<\/p>\n<p>(c) to perform such other functions as are conferred on it by this or any other Act.<\/p>\n<p>F26[(1A) The governing body of a college shall\u2014<\/p>\n<p>(a) promote the success (including academic success) and reputation of the college,<\/p>\n<p>(b) satisfy itself that appropriate systems, procedures and practices are in place\u2014<\/p>\n<p>(i) for the internal performance management and accountability of the college in respect of \u2014<\/p>\n<p>(I) the performance of its functions, and<\/p>\n<p>(II) the achievement of the aims in the strategic development plan under section 21C,<\/p>\n<p>and<\/p>\n<p>(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,<\/p>\n<p>and<\/p>\n<p>(c) establish and implement arrangements for the management of the performance of the Director.<\/p>\n<p>(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:<\/p>\n<p>(a) approve expenditure for major capital and investment projects;<\/p>\n<p>(b) approve annual financial statements;<\/p>\n<p>(c) provide for and maintain a system of audit;<\/p>\n<p>(d) provide for and maintain a system of risk management;<\/p>\n<p>(e) provide for and maintain a system of quality assurance in accordance with the Qualifications and Quality Assurance (Education and Training) Act 2012 ;<\/p>\n<p>(f) review and oversee the implementation of major plans of action and provide strategic direction;<\/p>\n<p>(g) delegate such functions as may be appropriate to the Director;<\/p>\n<p>(h) manage the financial affairs of the college to ensure value for money and its financial viability;<\/p>\n<p>(i) account to An t\u00dadar\u00e1s for funding provided to the college by An t\u00dadar\u00e1s.]<\/p>\n<p>(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.<\/p>\n<p>(3) A governing body has, subject to this or any other Act, such powers as are necessary for the purposes of performing its functions.<\/p>\n<p>(4) F27[\u2026]<\/p>\n<p>(5) F27[\u2026]<\/p>\n<p>(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\u2014<\/p>\n<p>(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,<\/p>\n<p>(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,<\/p>\n<p>(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,<\/p>\n<p>(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<\/p>\n<p>(e) have regard to the statutory responsibilities of other education providers.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F25<br \/>\nSubstituted (1.02.2007) by Institutes of Technology Act 2006 (25\/2006), s. 8, S.I. No. 36 of 2007.<\/p>\n<p>F26<br \/>\nInserted (10.11.2022) by Higher Education Authority Act 2022 (31\/2022), s. 111(a), S.I. No. 554 of 2022.<\/p>\n<p>F27<br \/>\nRepealed (10.11.2022) by Higher Education Authority Act 2022 (31\/2022), s. 5(1), sch. 1 part 1, S.I. No. 554 of 2022.<\/p>\n<p>F28<br \/>\nSubstituted (10.11.2022) by Higher Education Authority Act 2022 (31\/2022), s. 111(b), S.I. No. 554 of 2022.<\/p>\n<p>F29<br \/>\nDeleted by Technological Universities Act 2018 (3\/2018), s. 84, not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C4<br \/>\nPrevious 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.<\/p>\n<p>Section 8<\/p>\n<h4>Dissolution of governing body.<\/h4>\n<p>8.\u2014(1) If\u2014<\/p>\n<p>(a) the Minister is satisfied that the functions of the governing body of a college are not being duly and effectively discharged, or<\/p>\n<p>(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<\/p>\n<p>(c) a governing body fails to comply with any judgment or order of any court of competent jurisdiction,<\/p>\n<p>the Minister may, after consultation with F30[An t\u00dadar\u00e1s,]by order dissolve the governing body.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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).<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F30<br \/>\nSubstituted (1.02.2007) by Institutes of Technology Act 2006 (25\/2006), s. 9, S.I. No. 36 of 2007.<\/p>\n<p>Section 9<\/p>\n<h4>Director.<\/h4>\n<p>9.\u2014F31[(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. ]<\/p>\n<p>(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 t\u00dadar\u00e1s] from time to time.<\/p>\n<p>(3) The provisions of the Third Schedule to this Act shall apply to the Director.<\/p>\n<p>F33[(4)Where an office of Director becomes vacant, the governing body, after consultation with An t\u00dadar\u00e1s, 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.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F31<br \/>\nSubstituted (1.02.2007) by Institutes of Technology Act 2006 (25\/2006), s. 10(a), S.I. No. 36 of 2007.<\/p>\n<p>F32<br \/>\nSubstituted (1.02.2007) by Institutes of Technology Act 2006 (25\/2006), s. 10(b), S.I. No. 36 of 2007.<\/p>\n<p>F33<br \/>\nSubstituted (1.02.2007) by Institutes of Technology Act 2006 (25\/2006), s. 10(c), S.I. No. 36 of 2007.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E19<br \/>\nPrevious 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.<\/p>\n<p>Section 10<\/p>\n<h4>Academic council.<\/h4>\n<p>10.\u2014(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.<\/p>\n<p>(2) (a) Each governing body may by regulations made under this section provide for the membership and terms of office of the academic council.<\/p>\n<p>(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.<\/p>\n<p>(c) The members appointed to the academic council shall hold office for a period of three years and shall be eligible for reappointment.<\/p>\n<p>(3) Without prejudice to the generality of subsection (1) the academic council shall have the following particular functions\u2014<\/p>\n<p>(a) to design, develop and assist in implementing courses of study F34[\u2026] consistent with the functions of the college;<\/p>\n<p>(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;<\/p>\n<p>(c) to make recommendations to the governing body on programmes for research and development work;<\/p>\n<p>(d) to make recommendations to the governing body for the selection, admission, retention and exclusion of students;<\/p>\n<p>(e) be responsible, subject to the approval of the governing body, for making the academic regulations of the college;<\/p>\n<p>(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;<\/p>\n<p>(g) to make recommendations to the governing body for the award of scholarships, prizes or other awards;<\/p>\n<p>(h) to make general arrangements for tutorial or other academic counselling;<\/p>\n<p>(i) to exercise any other functions, consistent with this Act, which may be delegated to it by the governing body;<\/p>\n<p>(j) to assist in implementing any regulations which may be made by the governing body concerning any of the matters aforesaid.<\/p>\n<p>(4) The academic council, with the approval of the governing body, may\u2014<\/p>\n<p>(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<\/p>\n<p>(b) determine, subject to the provisions of this Act, the functions of any committee established under paragraph (a) of this subsection.<\/p>\n<p>(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.<\/p>\n<p>(6) Subject to the provisions of this Act and to the directions of the governing body, the academic council may regulate its own procedure.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F34<br \/>\nDeleted (1.02.2007) by Institutes of Technology Act 2006 (25\/2006), s. 11, S.I. No. 36 of 2007.<\/p>\n<p>F35<br \/>\nSubstituted by Technological Universities Act 2018 (3\/2018), s. 85, not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C5<br \/>\nProspective affecting provision: subs. (2) substituted by Technological Universities Act 2018 (3\/2018), s. 85, not commenced as of date of revision.<\/p>\n<p>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\u2014<\/p>\n<p>(i) the number of members,<\/p>\n<p>(ii) procedures for selection and appointment of members,<\/p>\n<p>(iii) eligibility for reappointment of members, and<\/p>\n<p>(iv) the number of consecutive periods for which members may hold office.<\/p>\n<p>(b) Without prejudice to the generality of paragraph (a) \u2014<\/p>\n<p>(i) the majority of members of the academic council shall be members of the academic staff of the college,<\/p>\n<p>(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.<\/p>\n<p>(c) The Director shall be\u2014<\/p>\n<p>(i) an ex officio member of the academic council, and<\/p>\n<p>(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.<\/p>\n<p>(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.]<\/p>\n<p>Editorial Notes:<\/p>\n<p>E20<br \/>\nTransitional 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.<\/p>\n<p>Section 11<br \/>\nF36[<\/p>\n<h4>General provisions in relation to staff.<\/h4>\n<p>11.\u2014(1) A college may perform such of its functions as the governing body may deem proper through or by any member of its staff.<\/p>\n<p>(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.<\/p>\n<p>(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 t\u00dadar\u00e1s.<\/p>\n<p>(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.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F36<br \/>\nSubstituted (1.02.2007) by Institutes of Technology Act 2006 (25\/2006), s. 13, S.I. No. 36 of 2007.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E21<br \/>\nTransitional 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.<\/p>\n<p>E22<br \/>\nPrevious 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.<\/p>\n<p>Section 11A<br \/>\nF37[<\/p>\n<h4>Provisions in relation to certain staff.<\/h4>\n<p>11A.\u2014(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 t\u00dadar\u00e1s given with the concurrence of the Minister and the Minister for Finance, the governing body from time to time thinks proper.<\/p>\n<p>F38[(b) The Minister or, at the request of the Minister, An t\u00dadar\u00e1s, 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.]<\/p>\n<p>(c) F39[\u2026]<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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. ]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F37<br \/>\nInserted (1.02.2007) by Institutes of Technology Act 2006 (25\/2006), s. 13, S.I. No. 36 of 2007.<\/p>\n<p>F38<br \/>\nSubstituted (24.04.2018) by Technological Universities Act 2018 (3\/2018), s. 86(a), S.I. No. 124 of 2018.<\/p>\n<p>F39<br \/>\nDeleted (24.04.2018) by Technological Universities Act 2018 (3\/2018), s. 86(b), S.I. No. 124 of 2018.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E23<br \/>\nTransitional 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.<\/p>\n<p>Section 12<\/p>\n<h4>Provisions in relation to existing staff.<\/h4>\n<p>12.\u2014(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>F40[(3) F41[\u2026]<\/p>\n<p>(4) F41[\u2026]]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F40<br \/>\nInserted (1.02.2007) by Institutes of Technology Act 2006 (25\/2006), s. 14, S.I. No. 36 of 2007.<\/p>\n<p>F41<br \/>\nRepealed (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).<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C6<br \/>\nCertain 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.<\/p>\n<p>Saver (Regional Technical Colleges Act 1992 and Dublin Institute of Technology Act 1992).<\/p>\n<p>69.\u2014Notwithstanding 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\u2014<\/p>\n<p>(a) section 12 (amended by section 14 of the Institutes of Technology Act 2006) of the Regional Technical Colleges Act 1992, and<\/p>\n<p>&#8230;<\/p>\n<p>Section 13<br \/>\nF42[<\/p>\n<h4>Budgets.<\/h4>\n<p>13.\u2014F43[(1) An t\u00dadar\u00e1s shall, on or before the first day of March in each year, notify the Director of the funding (in this section referred to as &#8220;allocated funding&#8221;) to be provided by An t\u00dadar\u00e1s for that year to a college, from moneys provided to An t\u00dadar\u00e1s under F44[section 19 of the Higher Education Authority Act 2022].]<\/p>\n<p>F43[(2) The Director shall, on or before the first day of April in each year, or such other date as An t\u00dadar\u00e1s may approve, prepare and submit following approval by the governing body, to An t\u00dadar\u00e1s, in such form and manner as may from time to time be approved by An t\u00dadar\u00e1s, a statement of the proposed expenditure and, other than allocated funding, expected income of the college for that year.]<\/p>\n<p>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.]<\/p>\n<p>(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.<\/p>\n<p>(4) An t\u00dadar\u00e1s 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 t\u00dadar\u00e1s.<\/p>\n<p>(5) Where the Director of a college is of opinion that\u2014<\/p>\n<p>(a) the actual expenditure in a F47[\u2026] year, or<\/p>\n<p>(b) a proposed course of action,<\/p>\n<p>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[\u2026] year (in this section referred to as a &#8220;material departure from the budget&#8221;), the Director shall so inform the governing body.<\/p>\n<p>(6) Where the governing body, despite being so informed, decides\u2014<\/p>\n<p>(a) in the case of subsection (5)(a), not to decrease its actual expenditure, or<\/p>\n<p>(b) in the case of subsection (5)(b), to continue with its proposed course of action,<\/p>\n<p>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 t\u00dadar\u00e1s of the decision of the governing body.<\/p>\n<p>(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 t\u00dadar\u00e1s, that excess shall be a first charge on the budget for the next succeeding F47[\u2026] year.<\/p>\n<p>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.]<\/p>\n<p>F46[(9) An t\u00dadar\u00e1s 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\u2014<\/p>\n<p>(a) the purposes for which any proposed borrowing, guaranteeing or underwriting may be undertaken by a college,<\/p>\n<p>(b) the demonstration by a college of its ability to meet the costs arising from any such borrowing, guaranteeing or underwriting,<\/p>\n<p>(c) the identification of the potential for any such proposed borrowing, guaranteeing or underwriting to give rise to additional costs for the State,<\/p>\n<p>(d) the requirement to obtain the prior approval of An t\u00dadar\u00e1s before borrowing, guaranteeing or underwriting where paragraph (c) applies, and<\/p>\n<p>(e) the provision by a college to An t\u00dadar\u00e1s of information relating to any borrowing, guaranteeing or underwriting undertaken under subsection (8).]]<\/p>\n<p>F48[(10) Where An t\u00dadar\u00e1s makes or amends rules under subsection (9) it shall\u2014<\/p>\n<p>(a) so notify, and furnish a copy of the rules or amendments to, the governing body of each college, and<\/p>\n<p>(b) arrange for the rules or amendments to be published on the internet.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F42<br \/>\nSubstituted (1.02.2007) by Institutes of Technology Act 2006 (25\/2006), s. 15, S.I. No. 36 of 2007.<\/p>\n<p>F43<br \/>\nSubstituted (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).<\/p>\n<p>F44<br \/>\nSubstituted (10.11.2022) by Higher Education Authority Act 2022 (31\/2022), s. 145, sch. 4, S.I. No. 554 of 2022<\/p>\n<p>F45<br \/>\nInserted (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).<\/p>\n<p>F46<br \/>\nSubstituted (24.04.2018) by Technological Universities Act 2018 (3\/2018), s. 88(1)(d), (g), (h), S.I. No. 124 of 2018.<\/p>\n<p>F47<br \/>\nDeleted (24.04.2018) by Technological Universities Act 2018 (3\/2018), s. 88(1)(e), (f), S.I. No. 124 of 2018.<\/p>\n<p>F48<br \/>\nInserted (24.04.2018) by Technological Universities Act 2018 (3\/2018), s. 88(1)(i), S.I. No. 124 of 2018.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E24<br \/>\nPrevious 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.<\/p>\n<p>Section 14<br \/>\nAnnual report and information.<\/p>\n<p>14.\u2014F49[(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 t\u00dadar\u00e1s and provide a copy of such report to An t\u00dadar\u00e1s and the Minister. ]<\/p>\n<p>(2) The governing body shall supply to the Minister and to F50[An t\u00dadar\u00e1s] such information regarding the performance of its functions as may from time to time be required.<\/p>\n<p>F51[(2A) F52[\u2026]]<\/p>\n<p>F53[(3) A college shall supply to An t\u00dadar\u00e1s such information as An t\u00dadar\u00e1s 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.]<\/p>\n<p>F51[(4) F52[\u2026]]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F49<br \/>\nSubstituted (1.02.2007) by Institutes of Technology Act 2006 (25\/2006), s. 16(a), S.I. No. 36 of 2007.<\/p>\n<p>F50<br \/>\nSubstituted (1.02.2007) by Institutes of Technology Act 2006 (25\/2006), s. 16(b), S.I. No. 36 of 2007.<\/p>\n<p>F51<br \/>\nInserted (24.04.2018) by Technological Universities Act 2018 (3\/2018), s. 89, S.I. No. 124 of 2018.<\/p>\n<p>F52<br \/>\nRepealed (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.<\/p>\n<p>F53<br \/>\nInserted (1.02.2007) by Institutes of Technology Act 2006 (25\/2006), s. 16(c), S.I. No. 36 of 2007.<\/p>\n<p>Section 15<br \/>\nGrants.<\/p>\n<p>15.\u2014F54[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F54<br \/>\nDeleted (1.02.2007) by Institutes of Technology Act 2006 (25\/2006), s. 17, S.I. No. 36 of 2007.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E25<br \/>\nPrevious 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.<\/p>\n<p>Section 16<br \/>\nF55[<\/p>\n<h4>Keeping of accounts and records.<\/h4>\n<p>16.\u2014(1) A college shall keep, in such form as may be approved by An t\u00dadar\u00e1s, all proper and usual accounts and records of all income received or expenditure incurred by it.<\/p>\n<p>(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 t\u00dadar\u00e1s and to the Minister.<\/p>\n<p>(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.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F55<br \/>\nSubstituted (1.02.2007) by Institutes of Technology Act 2006 (25\/2006), s. 18, S.I. No. 36 of 2007.<\/p>\n<p>Section 17<\/p>\n<h4>Fees and charges.<\/h4>\n<p>17.\u2014The 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.<\/p>\n<p>Section 18<\/p>\n<h4>Transfer of property and liabilities.<\/h4>\n<p>18.\u2014(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[\u2026].<\/p>\n<p>(2) On the establishment date, the following shall be and hereby are transferred to the college\u2014<\/p>\n<p>(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,<\/p>\n<p>(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,<\/p>\n<p>and, accordingly, without any further transfer or assignment\u2014<\/p>\n<p>(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,<\/p>\n<p>(ii) the said rights, shall, on and from the establishment date, be enjoyed by the college,<\/p>\n<p>(iii) the said liabilities shall, on and from the establishment date, be the liabilities of the college.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(7) F57[\u2026]<\/p>\n<p>(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.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F56<br \/>\nDeleted (1.02.2007) by Institutes of Technology Act 2006 (25\/2006), s. 19, S.I. No. 36 of 2007.<\/p>\n<p>F57<br \/>\nDeleted (27.03.1998) by Finance Act 1998 (3\/1998), s. 125 and sch. 8, commenced on enactment.<\/p>\n<p>Section 19<br \/>\nPreservation of contracts and continuance of legal proceedings.<\/p>\n<p>19.\u2014(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.<\/p>\n<p>(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.<\/p>\n<p>(3) This section does not apply to any contract or proceedings in relation to land.<\/p>\n<p>(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.<\/p>\n<p>Section 20<br \/>\nInspection.<\/p>\n<p>20. F58[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F58<br \/>\nRepealed (10.11.2022) by Higher Education Authority Act 2022 (31\/2022), s. 5(1), sch. 1 part 1, S.I. No. 554 of 2022.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E26<br \/>\nPrevious 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.<\/p>\n<p>E27<br \/>\nPrevious 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.<\/p>\n<p>Section 21<br \/>\nModification of section 7(5) of Vocational Education (Amendment) Act, 1944.<\/p>\n<p>21.\u2014(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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 \u201cthe committee may, if it thinks fit,\u201d of \u201cthe college may, if its governing body thinks fit,\u201d and, in subsection (2), of references to the college for references to such committee.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F59<br \/>\nInserted (1.02.2007) by Institutes of Technology Act 2006 (25\/2006), s. 21, S.I. No. 36 of 2007.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E28<br \/>\nTransitional 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.<\/p>\n<p>Section 21A 21A<br \/>\nF60[<\/p>\n<h4>Reserved functions.<\/h4>\n<p>21A.\u2014(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 \u2018reserved function\u2019 shall in this Act be construed and have effect accordingly.<\/p>\n<p>(2) The functions under sections 5(1)(a) to (j), 7, 9, 10, 21C, 21D and 21E are declared to be reserved functions.<\/p>\n<p>(3) Any dispute as to whether or not a particular function is a reserved function shall be determined by the Minister.<\/p>\n<p>(4) A Director shall assist the governing body in the performance of its reserved functions, in such manner as the governing body may require.<\/p>\n<p>(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.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F60<br \/>\nInserted (1.02.2007) by the Institutes of Technology Act 2006 (25\/2006), s. 22, S.I. No. 36 of 2007.<\/p>\n<p>Section 21B<br \/>\nF61[<\/p>\n<h4>Executive functions.<\/h4>\n<p>21B.\u2014(1) Every function that is not a reserved function shall be an executive function, and &#8220;executive function&#8221; shall, in this Act, be construed and have effect accordingly.<\/p>\n<p>(2) Executive functions shall be performed by the Director.<\/p>\n<p>(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.<\/p>\n<p>(4) A Director shall provide such information to the Minister or An t\u00dadar\u00e1s regarding the performance of his or her functions as the Minister or An t\u00dadar\u00e1s, as the case may be, may from time to time require.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F61<br \/>\nInserted (1.02.2007) by Institutes of Technology Act 2006 (25\/2006), s. 22, S.I. No. 36 of 2007.<\/p>\n<p>Section 21C<br \/>\nF62[<\/p>\n<h4>Strategic development plan.<\/h4>\n<p>21C.\u2014(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 &#8220;strategic development plan&#8221;) 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.<\/p>\n<p>F63[(1A) A governing body shall, for the purposes of preparing a strategic development plan, consult with \u2014<\/p>\n<p>(a) the Minister,<\/p>\n<p>(b) such other Ministers of the Government as the governing body considers appropriate,<\/p>\n<p>(c) An t\u00dadar\u00e1s,<\/p>\n<p>(d) the students or the student union of the college,<\/p>\n<p>(e) the members of the staff of the college or the trades unions or staff associations of those members of staff,<\/p>\n<p>(f) the academic council of the college,<\/p>\n<p>(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,<\/p>\n<p>(h) a local authority in whose functional area the campus of the college is located, and<\/p>\n<p>(i) such other body or person as the governing body considers appropriate.]<\/p>\n<p>(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.<\/p>\n<p>(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 t\u00dadar\u00e1s and to the Minister.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F62<br \/>\nInserted (1.02.2007) by Institutes of Technology Act 2006 (25\/2006), s. 22, S.I. No. 36 of 2007.<\/p>\n<p>F63<br \/>\nInserted (10.11.2022) by Higher Education Authority Act 2022 (31\/2022), s. 112, S.I. No. 554 of 2022.<\/p>\n<p>Section 21D<br \/>\nF64[<\/p>\n<h4>Equality policy.<\/h4>\n<p>21D.\u2014(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\u2014<\/p>\n<p>(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<\/p>\n<p>(b) equality, including gender equality, in all activities of the college,<\/p>\n<p>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.<\/p>\n<p>F65[(1A) A governing body shall, for the purposes of preparing a statement under subsection (1), consult with \u2014<\/p>\n<p>(a) the Minister,<\/p>\n<p>(b) such other Ministers of the Government as the college considers appropriate,<\/p>\n<p>(c) An t\u00dadar\u00e1s,<\/p>\n<p>(d) the students or the student union of the college,<\/p>\n<p>(e) the members of the staff of the college or the trades unions or staff associations of those members of staff,<\/p>\n<p>(f) the academic council of the college,<\/p>\n<p>(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,<\/p>\n<p>(h) a local authority in whose functional area the campus of the college is located, and<\/p>\n<p>(i) such other body or person as the governing body considers appropriate.]<\/p>\n<p>(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.<\/p>\n<p>(3) A college shall implement the policies set out in the statement as approved under subsection (2). ]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F64<br \/>\nInserted (1.02.2007) by Institutes of Technology Act 2006 (25\/2006), s. 22, S.I. No. 36 of 2007.<\/p>\n<p>F65<br \/>\nInserted (10.11.2022) by Higher Education Authority Act 2022 (31\/2022), s. 113, S.I. No. 554 of 2022.<\/p>\n<p>Section 21E<br \/>\nF66[<\/p>\n<h4>Dispute resolution.<\/h4>\n<p>21E.\u2014(1) A governing body shall establish procedures for the resolution of disputes that arise in the college.<\/p>\n<p>(2) Subsection (1) shall not apply to industrial relations disputes, which shall be dealt with through normal industrial relations structures operating in the college.<\/p>\n<p>(3) Procedures established under subsection (1) shall\u2014<\/p>\n<p>(a) be embodied in writing,<\/p>\n<p>(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<\/p>\n<p>(c) provide for consideration of issues in dispute by an independent person or persons, as appropriate.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F66<br \/>\nInserted (1.02.2007) by Institutes of Technology Act 2006 (25\/2006), s. 22, S.I. No. 36 of 2007.<\/p>\n<p>Section 21F<br \/>\nF67[<\/p>\n<h4>Reviews.<\/h4>\n<p>21F.\u2014An t\u00dadar\u00e1s may review\u2014<\/p>\n<p>(a) the strategic development plan prepared in accordance with section 21C, and<\/p>\n<p>(b) the policies set out in the statement prepared under section 21D and their implementation by the college,<\/p>\n<p>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.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F67<br \/>\nInserted (1.02.2007) by Institutes of Technology Act 2006 (25\/2006), s. 22, S.I. No. 36 of 2007.<\/p>\n<p>Section 21G<br \/>\nF68[<\/p>\n<h4>Review of matter and report by governing body of college.<\/h4>\n<p>21G.\u2014(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.<\/p>\n<p>(2) A governing body may appoint such person as it considers appropriate (in this section referred to as a &#8220;reviewer&#8221;) to carry out a review of the matter concerned.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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 t\u00dadar\u00e1s annually or, more frequently, if so requested by An t\u00dadar\u00e1s on the outcome of any review undertaken by the governing body under that subsection, including any measures taken under subsection (5).]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F68<br \/>\nInserted (10.11.2022) by Higher Education Authority Act 2022 (31\/2022), s. 114, S.I. No. 554 of 2022.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E29<br \/>\nThe section heading is taken from the amending section in the absence of one included in the amendment.<\/p>\n<p>Section 22<br \/>\nExpenses.<\/p>\n<p>22.\u2014The 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.<\/p>\n<p>Section 23<\/p>\n<h4>Regulations.<\/h4>\n<p>23.\u2014(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.<\/p>\n<p>(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.<\/p>\n<p>Section 23A<br \/>\nF69[<\/p>\n<h4>Effect of certain orders.<\/h4>\n<p>23A.\u2014(1) Each order made under section 3 shall, during the relevant period, be deemed always to have been valid.<\/p>\n<p>(2) In this section &#8220;relevant period&#8221; 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.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F69<br \/>\nInserted (1.02.2007) by Institutes of Technology Act 2006 (25\/2006), s. 23, S.I. No. 36 of 2007.<\/p>\n<p>Section 24<br \/>\nShort title.<\/p>\n<p>24.\u2014This Act may be cited as the Regional Technical Colleges Act, 1992.<\/p>\n<p>Schedule 1<br \/>\nFIRST SCHEDULE<\/p>\n<h4>The Colleges<\/h4>\n<p>F70[ Name of College.<\/p>\n<p>F71[\u2026]<\/p>\n<p>(1)<\/p>\n<p>(2)<\/p>\n<p>F72[\u2026]<\/p>\n<p>F71[\u2026]<\/p>\n<p>F73[\u2026]<\/p>\n<p>F71[\u2026]<\/p>\n<p>F74[\u2026]<\/p>\n<p>F71[\u2026]<\/p>\n<p>F75[\u2026]<\/p>\n<p>F71[\u2026]<\/p>\n<p>Institi\u00faid Teicneola\u00edochta Dh\u00fan Dealgan.<\/p>\n<p>Dundalk Institute of Technology.<\/p>\n<p>F71[\u2026]<\/p>\n<p>Institi\u00faid Eala\u00edne, Deartha agus Teicneola\u00edochta Dh\u00fan Laoghaire.<\/p>\n<p>D\u00fan Laoghaire Institute of Art, Design and Technology.<\/p>\n<p>F71[\u2026]<\/p>\n<p>F76[\u2026]<\/p>\n<p>F71[\u2026]<\/p>\n<p>F76[\u2026]<\/p>\n<p>F71[\u2026]<\/p>\n<p>F72[\u2026]<\/p>\n<p>F71[\u2026]<\/p>\n<p>F76[\u2026]<\/p>\n<p>F71[\u2026]<\/p>\n<p>F73[\u2026]<\/p>\n<p>F71[\u2026]<\/p>\n<p>F75[\u2026]<\/p>\n<p>F71[\u2026]<\/p>\n<p>F74[\u2026]<\/p>\n<p>F71[\u2026]]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F70<br \/>\nSubstituted (1.02.2007) by Institutes of Technology Act 2006 (25\/2006), s. 24, S.I. No. 36 of 2007.<\/p>\n<p>F71<br \/>\nDeleted (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.<\/p>\n<p>F72<br \/>\nDeleted (1.10.2021) by Technological Universities Act 2018 (3\/2018), ss. 6(1), 36, 43, S.I. No. 360 of 2021.<\/p>\n<p>F73<br \/>\nDeleted (1.01.2019) by Technological Universities Act 2018 (3\/2018), ss. 6(1), 36, 43, S.I. No. 437 of 2018.<\/p>\n<p>F74<br \/>\nDeleted (1.05.2022) by Technological Universities Act 2018 (3\/2018), ss. 6(1), 36, 43, S.I. No. 175 of 2022.<\/p>\n<p>F75<br \/>\nDeleted (1.01.2021) by Technological Universities Act 2018 (3\/2018), ss. 6(1), 36, 43, S.I. No. 568 of 2021.<\/p>\n<p>F76<br \/>\nDeleted (1.04.2022) by Technological Universities Act 2018 (3\/2018), ss. 6(1), 36, 43, S.I. No. 56 of 2022.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E30<br \/>\nPrevious 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.<\/p>\n<p>E31<br \/>\nPrevious 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.<\/p>\n<p>E32<br \/>\nPrevious 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.<\/p>\n<p>E33<br \/>\nPrevious 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.<\/p>\n<p>E34<br \/>\nPrevious 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.<\/p>\n<p>Schedule 2<br \/>\nF77[SECOND SCHEDULE<\/p>\n<h4>The Governing Body<\/h4>\n<p>Section 6.<\/p>\n<p>1. (1) The governing body shall retain in its possession a seal of the college.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>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.<\/p>\n<p>(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.<\/p>\n<p>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.<\/p>\n<p>(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.<\/p>\n<p>(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\u2014<\/p>\n<p>(a) the member has become incapable through ill-health of performing his or her functions,<\/p>\n<p>(b) the member has committed stated misbehaviour, or<\/p>\n<p>(c) the removal of the member appears to be necessary for the effective performance by the governing body of its functions.<\/p>\n<p>(4) A member of the governing body shall cease to be qualified for office and shall cease to hold office if he or she\u2014<\/p>\n<p>(a) is adjudicated bankrupt,<\/p>\n<p>(b) makes a composition or arrangement with creditors,<\/p>\n<p>(c) is sentenced by a court of competent jurisdiction to a term of imprisonment,<\/p>\n<p>(d) is convicted of any indictable offence in relation to a company or any other body corporate,<\/p>\n<p>(e) is convicted of an offence involving fraud or dishonesty,<\/p>\n<p>(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<\/p>\n<p>(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.<\/p>\n<p>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.<\/p>\n<p>(2) A person appointed to be a member of the governing body pursuant to subparagraph (1)\u2014<\/p>\n<p>(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,<\/p>\n<p>(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<\/p>\n<p>(c) shall be eligible for re-appointment as a member of the governing body on the expiry of that term of office.<\/p>\n<p>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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(5) At a meeting of the governing body\u2014<\/p>\n<p>(a) the chairperson shall, if present, be the chairperson of the meeting,<\/p>\n<p>(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<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(7) Subject to subparagraph (3), the governing body may act notwithstanding one or more vacancies among its members.<\/p>\n<p>(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 &#8220;electronic meeting&#8221;).<\/p>\n<p>(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.<\/p>\n<p>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.<\/p>\n<p>(2) In appointing members of a committee established under this paragraph, the governing body shall have regard to\u2014<\/p>\n<p>(a) the range of qualifications and experience necessary for the proper and effective discharge of the functions of the committee, and<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(4) The governing body may remove a member of a committee established under this paragraph from the committee at any time.<\/p>\n<p>(5) The acts of a committee shall be subject to confirmation by the governing body, unless the governing body otherwise determines.<\/p>\n<p>(6) The governing body may determine the terms of reference and regulate the procedure of a committee established under this paragraph.<\/p>\n<p>(7) The governing body may appoint a person to be chairperson of a committee established under this paragraph.<\/p>\n<p>(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.<\/p>\n<p>(9) The governing body may at any time dissolve a committee established under this paragraph.<\/p>\n<p>7. (1) Where a member of the governing body is\u2014<\/p>\n<p>(a) nominated as a member of Seanad \u00c9ireann,<\/p>\n<p>(b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament, or<\/p>\n<p>(c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to that Parliament,<\/p>\n<p>he or she shall thereupon cease to be a member of the governing body.<\/p>\n<p>(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.<\/p>\n<p>8. (1) Subparagraph (2) applies where, at a meeting of the governing body, any of the following matters arise, namely\u2014<\/p>\n<p>(a) an arrangement to which the governing body is a party,<\/p>\n<p>(b) an arrangement to which the governing body proposes to become a party,<\/p>\n<p>(c) a contract or other agreement with the governing body, or<\/p>\n<p>(d) a proposed contract or other agreement with the governing body.<\/p>\n<p>(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\u2014<\/p>\n<p>(a) disclose to the governing body at the meeting the fact of that interest and its nature,<\/p>\n<p>(b) not influence (or seek to influence) a decision to be made in relation to the matter,<\/p>\n<p>(c) absent himself or herself from the meeting or that part of the meeting during which the matter is being discussed,<\/p>\n<p>(d) take no part in any deliberation of the governing body relating to the matter, and<\/p>\n<p>(e) not vote on a decision relating to the matter.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>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\u2014<\/p>\n<p>(a) a reference to a member of the governing body shall be construed as reference to a member of the committee, and<\/p>\n<p>(b) a reference to the governing body shall be construed as reference to the committee.<\/p>\n<p>10. (1) A person shall not disclose confidential information obtained by him or her while performing functions as\u2014<\/p>\n<p>(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<\/p>\n<p>(b) a member of a committee established under paragraph 6,<\/p>\n<p>unless he or she is authorised by the governing body to so do.<\/p>\n<p>(2) A person who contravenes subparagraph (1) commits an offence.<\/p>\n<p>(3) Nothing in this paragraph shall prevent the disclosure of information\u2014<\/p>\n<p>(a) in a report made to the governing body,<\/p>\n<p>(b) by or on behalf of the governing body to the Minister,<\/p>\n<p>(c) by a member of the governing body to the Minister, or<\/p>\n<p>(d) by a person in the circumstances referred to in section 35(2) of the Ethics in Public Office Act 1995.<\/p>\n<p>(4) In this paragraph, &#8220;confidential information&#8221; includes\u2014<\/p>\n<p>(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<\/p>\n<p>(b) information relating to proposals of a commercial nature or tenders submitted to the governing body by contractors, consultants or any other person.<\/p>\n<p>11. Subject to this Act, the governing body shall regulate, by standing orders or otherwise, its procedure and business.<\/p>\n<p>12. Subject to this Act, the governing body may make, amend or revoke rules (in this Act called &#8220;regulations of the college&#8221;) as it thinks fit for the conduct of the affairs of the college.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F77<br \/>\nSubstituted (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).<\/p>\n<p>Editorial Notes:<\/p>\n<p>E35<br \/>\nPrevious 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.<\/p>\n<p>E36<br \/>\nPrevious 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.<\/p>\n<p>E37<br \/>\nPrevious 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.<\/p>\n<p>E38<br \/>\nPrevious 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.<\/p>\n<p>E39<br \/>\nPrevious 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.<\/p>\n<p>E40<br \/>\nPrevious 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.<\/p>\n<p>E41<br \/>\nPrevious affecting provision: schedule substituted by Technological Universities Act 2018 (3\/2018), s. 91, not commenced; substituted by F-note above.<\/p>\n<p>E42<br \/>\nPrevious 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.<\/p>\n<p>Schedule 3<br \/>\nF78[THIRD SCHEDULE<\/p>\n<h4>Director<\/h4>\n<p>Section 9.<\/p>\n<p>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.<\/p>\n<p>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.<\/p>\n<p>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.<\/p>\n<p>(2) Notwithstanding any such delegation, the Director shall at all times remain answerable to the governing body in respect of the functions so delegated.<\/p>\n<p>4. A Director shall not hold any other office or position without the consent of the governing body.<\/p>\n<p>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 t\u00dadar\u00e1s decides otherwise.<\/p>\n<p>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.<\/p>\n<p>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\u2019s appointment. ]<\/p>\n<p>8. A Director shall, whenever required to do so by the Committee of D\u00e1il \u00c9ireann established under the Standing Orders of D\u00e1il \u00c9ireann to examine and report to D\u00e1il \u00c9ireann on the appropriation accounts and reports of the Comptroller and Auditor General, give evidence to that Committee on\u2014<\/p>\n<p>(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,<\/p>\n<p>(b) the economy and efficiency of the college in the use of its resources,<\/p>\n<p>(c) the systems, procedures and practices employed by the college for the purpose of evaluating the effectiveness of its operations, and<\/p>\n<p>(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 D\u00e1il \u00c9ireann.<\/p>\n<p>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.<\/p>\n<p>10. From time to time and whenever so requested, a Director shall account for the performance of a college\u2019s 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. ]<\/p>\n<p>&nbsp;<\/p>\n<h2>REGIONAL TECHNICAL COLLEGES (AMENDMENT) ACT, 1994<\/h2>\n<p>AN ACT TO AMEND THE REGIONAL TECHNICAL COLLEGES ACT, 1992 . [2nd December, 1994]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:<\/p>\n<p>The Principal Act.<\/p>\n<p>1.\u2014In this Act \u201cthe Principal Act\u201d means the Regional Technical Colleges Act, 1992 .<\/p>\n<h4>Appointment of Commission.<\/h4>\n<p>2.\u2014(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(5) The Minister may\u2014<\/p>\n<p>(a) remove a Commission, or any member thereof, from office, or<\/p>\n<p>(b) vary the number of persons on the Commission.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>Amendment of section 9 of the Principal Act.<\/p>\n<p>3.\u2014Section 9 of the Principal Act is hereby amended by the insertion of the following subsection:<\/p>\n<p>\u201c(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.\u201d.<\/p>\n<h4>Governing body.<\/h4>\n<p>4.\u2014(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:<\/p>\n<p>(a) six persons of whom at least three shall be members of a local authority shall be nominated by the vocational education committee;<\/p>\n<p>(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;<\/p>\n<p>(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;<\/p>\n<p>(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;<\/p>\n<p>(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;<\/p>\n<p>(f) one person shall be nominated by the Irish Congress of Trade Unions;<\/p>\n<p>(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.<\/p>\n<p>(2) In making recommendations to the Minister pursuant to subsection (1), the vocational education committee shall\u2014<\/p>\n<p>(a) ensure that not fewer than seven of those so recommended are women and not fewer than seven are men, and<\/p>\n<p>(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).<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<h4>Default provisions.<\/h4>\n<p>5.\u2014(1) Where the vocational education committee\u2014<\/p>\n<p>(a) fails to make recommendations in accordance with section 4 , or<\/p>\n<p>(b) makes recommendations which do not allow the Minister to implement directives issued by her,<\/p>\n<p>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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<h4>Amendment of the Second Schedule to the Principal Act.<\/h4>\n<p>6.\u2014The Second Schedule to the Principal Act is hereby amended by the insertion of the following in subparagraph (1) of paragraph 6:<\/p>\n<p>\u201cor<\/p>\n<p>(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,\u201d.<\/p>\n<h4>Failure by governing body to make regulations.<\/h4>\n<p>7.\u2014(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(4) This section shall be deemed to have come into effect on the 1st day of January, 1994.<\/p>\n<p>Short title, collective citation and construction.<\/p>\n<p>8.\u2014(1) This Act may be cited as the Regional Technical Colleges (Amendment) Act, 1994.<\/p>\n<p>(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.<\/p>\n<p>Act Referred to<\/p>\n<p>Regional Technical Colleges Act, 1992<\/p>\n<p>1992, No. 16<\/p>\n<p>&nbsp;<\/p>\n<h2>REGIONAL TECHNICAL COLLEGES (AMENDMENT) ACT, 1999<\/h2>\n<p>AN ACT TO AMEND THE REGIONAL TECHNICAL COLLEGES ACTS, 1992 AND 1994, TO PROVIDE FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN AS INSTITI\u00daID TEICNEOLA\u00cdOCHTA, BAILE BHLAINS\u00c9IR 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]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:<\/p>\n<h4>Interpretation.<\/h4>\n<p>1.\u2014 (1) In this Act, unless the context otherwise requires\u2014<\/p>\n<p>\u201cthe Act of 1930\u201d means the Vocational Education Act, 1930 ;<\/p>\n<p>\u201cthe Act of 1994\u201d means the Regional Technical Colleges (Amendment) Act, 1994 ;<\/p>\n<p>\u201cthe College\u201d means the educational institution established by virtue of paragraph (c) (inserted by this Act) of section 3 (1) of the Principal Act;<\/p>\n<p>\u201cthe Company\u201d means the Institute of Technology, Blanchardstown Limited;<\/p>\n<p>\u201cestablishment day\u201d means the day appointed by the Minister under section 2 to be the establishment day;<\/p>\n<p>\u201cthe governing body\u201d means the governing body of the College;<\/p>\n<p>\u201cthe Minister\u201d means the Minister for Education and Science;<\/p>\n<p>\u201cthe Principal Act\u201d means the Regional Technical Colleges Act, 1992 .<\/p>\n<p>(2) In this Act\u2014<\/p>\n<p>(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.<\/p>\n<p>(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<\/p>\n<p>(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.<\/p>\n<p>Establishment day.<\/p>\n<p>2.\u2014The Minister shall by order appoint a day to be the establishment day for the purposes of this Act.<\/p>\n<h4>Dissolution of Company.<\/h4>\n<p>3.\u2014 (1) The Company shall, as and from the establishment day, stand dissolved.<\/p>\n<p>(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.<\/p>\n<p>Amendment of section 3 of and First Schedule to Principal Act.<\/p>\n<p>4.\u2014(1) Subsection (1) of section 3 of the Principal Act is hereby amended, with effect from the establishment day\u2014<\/p>\n<p>(a) by the insertion in paragraph (a), after \u201ceducational institution\u201d of \u201c(other than the institution referred to in paragraph (c), inserted by the Regional Technical Colleges (Amendment) Act, 1999, of this subsection)\u201d,<\/p>\n<p>(b) by the insertion after paragraph (b) of the following paragraph\u2014<\/p>\n<p>\u201c(c) There is hereby established as a regional technical college to which this Act applies an educational institution which shall be known as Institi\u00faid Teicneola\u00edochta, Baile Bhlains\u00e9ir or, in the English language, the Institute of Technology, Blanchardstown.\u201d.<\/p>\n<p>(2) The First Schedule to the Principal Act is hereby amended, with effect from the establishment day\u2014<\/p>\n<p>(a) by the insertion in column (1) of\u2014<\/p>\n<p>\u201cInstiti\u00faid Teicneola\u00edochta, Baile Bhlains\u00e9ir.<\/p>\n<p>Institute of Technology, Blanchardstown.\u201d,<\/p>\n<p>and<\/p>\n<p>(b) by the insertion in column (3) opposite the matter inserted by paragraph (a) of\u2014<\/p>\n<p>\u201cCounty Dublin.\u201d.<\/p>\n<h4>Governing Body<\/h4>\n<p>5.\u2014(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.<\/p>\n<p>(2) Subject to subsections (3) and (5), the governing body shall consist of\u2014<\/p>\n<p>(a) a chairperson and 17 ordinary members, and<\/p>\n<p>(b) the Director of the College.<\/p>\n<p>(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).<\/p>\n<p>(4) The first ordinary members of the governing body shall be appointed by the Minister in accordance with the following provisions:<\/p>\n<p>(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;<\/p>\n<p>(b) one person shall be nominated for such appointment by the Irish Congress of Trade Unions;<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(7) Nothing in subsection (5) shall operate\u2014<\/p>\n<p>(a) to require an appointment to which that subsection relates to be made on the recommendation of a vocational education committee,<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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 \u201con the recommendation of the vocational education committee\u201d were omitted in each place where they occur in that provision.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<h4>Transfer of assets and liabilities of Company.<\/h4>\n<p>6.\u2014(1) With effect from the establishment day the following are hereby transferred to the College\u2014<\/p>\n<p>(a) all rights and property (and rights relating to such property) held or enjoyed immediately before that day by the Company.<\/p>\n<p>(b) all liabilities incurred before that day by the Company which had not been discharged before that day,<\/p>\n<p>and, accordingly, without any further conveyance, transfer or assignment\u2014<\/p>\n<p>(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,<\/p>\n<p>(ii) those rights shall, as and from that day, be enjoyed by the College, and<\/p>\n<p>(iii) those liabilities shall, as and from that day, be liabilities of the College.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(5) In this section \u201cthe Company\u201d includes any trustee or agent of the Company acting on behalf of the Company.<\/p>\n<p>Preservation of certain contracts and adaptation of references to former Authority.<\/p>\n<p>7.\u2014Every 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.<\/p>\n<p>Pending legal proceedings.<\/p>\n<p>8.\u2014Where, 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.<\/p>\n<p>Provisions relating to staff.<\/p>\n<p>9.\u2014(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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 .<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(8) Subsection (8) of section 11 of the Principal Act shall not apply to the College.<\/p>\n<p>Exemption from capital gains tax.<\/p>\n<p>10.\u2014For 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.<\/p>\n<h4>County Dublin and D\u00fan Laoghaire Vocational Education Committees.<\/h4>\n<p>11.\u2014(1) The County Dublin Vocational Education Committee shall consist of not more than 16 members.<\/p>\n<p>(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 D\u00fan 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)<\/p>\n<p>(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.<\/p>\n<p>(4) The D\u00fan Laoghaire Vocational Education Committee shall consist of 14 members elected by the council of the county of D\u00fan Laoghaire-Rathdown, of whom not less than five and not more than eight shall be persons who are members of that council.<\/p>\n<p>(5) The persons holding office as members of the County Dublin Vocational Education Committee and the D\u00fan 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.<\/p>\n<p>(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.<\/p>\n<p>(7) The term of office of the persons elected to be members of the D\u00fan 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.<\/p>\n<p>(8) Section 12 of the Act of 1930 is hereby amended in subsection (2) by the insertion after \u201cprovisions of this Act\u201d of \u201cor, as the case may be, regulations made under section 11 of the Regional Technical Colleges (Amendment) Act, 1999,\u201d.<\/p>\n<p>(9) This section shall have effect notwithstanding anything to the contrary in the Act of 1930.<\/p>\n<p>(10) This section shall cease to have effect two years after the commencement of this Act.<\/p>\n<p>Application of section 70 of Local Government Act, 1925.<\/p>\n<p>12.\u2014(1) In this section\u2014<\/p>\n<p>\u201cthe Act of 1925\u201d means the Local Government Act, 1925 ;<\/p>\n<p>\u201cthe relevant restriction\u201d 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 .<\/p>\n<p>(2) The relevant restriction shall have effect as if the words in section 70(1) of the Act of 1925\u201d, 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\u201d were deleted.<\/p>\n<p>Short title, construction and collective citation.<\/p>\n<p>13.\u2014(1) This Act may be cited as the Regional Technical Colleges (Amendment) Act, 1999.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<h2>DUBLIN INSTITUTE OF TECHNOLOGY ACT, 1992<\/h2>\n<p>AN ACT TO ESTABLISH AN INSTITUTE OF EDUCATION AND TRAINING TO BE KNOWN AS INSTITI\u00daID TEICNEOLA\u00cdOCHTA BHAILE \u00c1THA 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.<\/p>\n<p>[19th July, 1992]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:<\/p>\n<p>Commencement.<br \/>\n1.\u2014This Act shall come into operation on such day as the Minister shall by order appoint.<\/p>\n<h4>Interpretation.<\/h4>\n<p>2.\u2014(1) In this Act\u2014<\/p>\n<p>&#8220;the Academic Council&#8221; has the meaning assigned to it by section 11 of this Act;<\/p>\n<p>&#8220;course of study&#8221; 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;<\/p>\n<p>&#8220;Director&#8221; means a Director of the Institute;<\/p>\n<p>&#8220;establishment&#8221; and &#8220;establishment date&#8221; 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;<\/p>\n<p>&#8220;functions&#8221; includes powers and duties;<\/p>\n<p>&#8220;the Governing Body&#8221; means the Governing Body of the Institute;<\/p>\n<p>&#8220;graduate&#8221; 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;<\/p>\n<p>&#8220;the Institute&#8221; means the Dublin Institute of Technology established by this Act;<\/p>\n<p>&#8220;the Minister&#8221; means the Minister for Education;<\/p>\n<p>&#8220;the President&#8221; means the President of the Institute;<\/p>\n<p>&#8220;the Vocational Education Committee&#8221; means the City of Dublin Vocational Education Committee.<\/p>\n<p>(2) A reference in this Act to the performance of functions includes a reference to the exercise of powers and the performance of duties.<\/p>\n<p>(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.<\/p>\n<h4>Establishment of Institute.<\/h4>\n<p>3.\u2014(1) There is hereby established an institute of education and training, to be known as Institi\u00faid Teicneola\u00edochta Bhaile Atha Cliath or in the English language as the Dublin Institute of Technology, to perform the functions assigned to it by this Act.<\/p>\n<p>(2) The Institute shall be constituted from the institutions specified in the First Schedule to this Act.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<h4>Membership of Institute.<\/h4>\n<p>4.\u2014(1) The members of the Institute shall be\u2014<\/p>\n<p>( a ) the members of the Governing Body,<\/p>\n<p>( b ) the members of the Academic Council,<\/p>\n<p>( c ) the members of the staff,<\/p>\n<p>( d ) the registered students of the Institute,<\/p>\n<p>( e ) the graduates of the Institute,<\/p>\n<p>( f ) such other persons as the Governing Body may appoint to be members.<\/p>\n<p>(2) Membership of the Institute under subsection (1) (f) shall continue until the Governing Body otherwise declares.<\/p>\n<h4>Functions of Institute.<\/h4>\n<p>5.\u2014(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\u2014<\/p>\n<p>( a ) to provide such courses of study as the Governing Body considers appropriate;<\/p>\n<p>( 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);<\/p>\n<p>( 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;<\/p>\n<p>( 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;<\/p>\n<p>( 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;<\/p>\n<p>( 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;<\/p>\n<p>( g ) to institute and, if thought fit, to award scholarships, prizes and other awards;<\/p>\n<p>( h ) to maintain, manage, administer and invest all the money and assets of the Institute;<\/p>\n<p>( 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;<\/p>\n<p>( j ) subject to the approval of the Minister to acquire land;<\/p>\n<p>( k ) to do all such acts and things as may be necessary to further the objects and development of the Institute.<\/p>\n<p>( 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.<\/p>\n<p>( b ) The Minister may, with the concurrence of the Minister for Finance, by order revoke or amend an order under this subsection.<\/p>\n<p>( 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.<\/p>\n<p>(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.<\/p>\n<h4>Governing Body.<\/h4>\n<p>6.\u2014(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.<\/p>\n<p>(2) The Governing Body shall consist of\u2014<\/p>\n<p>( a ) the Chairman and 18 ordinary members, and<\/p>\n<p>( b ) the President of the Institute.<\/p>\n<p>(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.<\/p>\n<p>(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:<\/p>\n<p>( a ) six persons shall be nominated by the Vocational Education Committee;<\/p>\n<p>( 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;<\/p>\n<p>( 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;<\/p>\n<p>( 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;<\/p>\n<p>( e ) one person shall be nominated by the Irish Congress of Trade Unions;<\/p>\n<p>( f ) one person shall be nominated by the University of Dublin;<\/p>\n<p>( 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.<\/p>\n<p>( 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&#8217;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.<\/p>\n<p>( 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.<\/p>\n<p>(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.<\/p>\n<p>(7) The provisions of the Second Schedule to this Act shall apply to the Governing Body.<\/p>\n<h4>Functions of Governing Body.<\/h4>\n<p>7.\u2014(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.<\/p>\n<p>(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.<\/p>\n<p>(3) The acts of a committee established under this section shall be subject to confirmation by the Governing Body.<\/p>\n<p>(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.<\/p>\n<p>(5) In performing its functions, the Governing Body shall have regard to the attainment of gender equity and of equality of opportunity in education.<\/p>\n<p>(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.<\/p>\n<h4>Dissolution of Governing Body.<\/h4>\n<p>8.\u2014(1) If\u2014<\/p>\n<p>( a ) the Minister is satisfied that the functions of the Governing Body are not being duly and effectively discharged, or<\/p>\n<p>( 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<\/p>\n<p>( c ) the Governing Body fails to comply with any judgment or order of any court of competent jurisdiction,<\/p>\n<p>the Minister may, after consultation with the Vocational Education Committee, by order dissolve the Governing Body.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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).<\/p>\n<h4>President.<\/h4>\n<p>9.\u2014(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.<\/p>\n<p>(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.<\/p>\n<p>(3) The provisions of the Third Schedule to this Act shall apply to the President.<\/p>\n<h4>Directors of Institute.<\/h4>\n<p>10.\u2014(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<h4>Academic Council.<\/h4>\n<p>11.\u2014(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.<\/p>\n<p>( 2 ) ( a ) The Governing Body may by regulations made under this section provide for the membership and terms of office of the Academic Council.<\/p>\n<p>( 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.<\/p>\n<p>( c ) The members appointed to the Academic Council shall hold office for a period of three years and shall be eligible for reappointment.<\/p>\n<p>(3) Without prejudice to the generality of subsection (1) the Academic Council shall have the following particular functions\u2014<\/p>\n<p>( 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;<\/p>\n<p>( 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;<\/p>\n<p>( c ) to make recommendations in accordance with section 5 (3) of this Act;<\/p>\n<p>( d ) to make recommendations to the Governing Body on programmes for research and development work;<\/p>\n<p>( e ) to make recommendations to the Governing Body for the selection, admission, retention and exclusion of students;<\/p>\n<p>( f ) be responsible, subject to the approval of the Governing Body, for making the academic regulations of the Institute;<\/p>\n<p>( 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;<\/p>\n<p>( h ) to make recommendations to the Governing Body in relation to the appointment of external examiners;<\/p>\n<p>( i ) to make recommendations to the Governing Body in relation to the conferment of honorary awards;<\/p>\n<p>( j ) to make recommendations to the Governing Body for the award of scholarships, prizes or other awards;<\/p>\n<p>( k ) to make general arrangements for tutorial or other academic counselling;<\/p>\n<p>( l ) to exercise any other functions, consistent with this Act, which may be delegated to it by the Governing Body;<\/p>\n<p>( m ) to assist in implementing any regulations which may be made by the Governing Body concerning any of the matters aforesaid.<\/p>\n<p>(4) The Academic Council, with the approval of the Governing Body, may\u2014<\/p>\n<p>( 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<\/p>\n<p>( b ) determine, subject to the provisions of this Act, the functions of any committee established under paragraph (a) of this subsection.<\/p>\n<p>(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.<\/p>\n<p>(6) Subject to the provisions of this Act and to the directions of the Governing Body, the Academic Council may regulate its own procedure.<\/p>\n<h4>General provisions in relation to staff.<\/h4>\n<p>12.\u2014(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.<\/p>\n<p>( 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.<\/p>\n<p>( 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.<\/p>\n<p>(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.<\/p>\n<p>(3) The Institute shall not remove any of its officers (including the President or a Director) from office without the consent of the Minister.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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 &#8220;the members of the staff&#8221;.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>( 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.<\/p>\n<p>( 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.<\/p>\n<p>( c ) Any sum so paid shall not be reckoned as salary or emolument for the purposes of the Local Government (Superannuation) Act, 1980 .<\/p>\n<p>Provisions in relation to existing staff.<br \/>\n13.\u2014(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.<\/p>\n<p>( 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.<\/p>\n<p>( 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.<\/p>\n<p>( 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.<\/p>\n<p>( 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.<\/p>\n<p>( 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.<\/p>\n<h4>Programmes and budget.<\/h4>\n<p>14.\u2014(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 &#8220;the programmes&#8221;) together with the relevant budget as proposed by the Governing Body for the following financial year.<\/p>\n<p>(2) The programmes shall include the proposed staffing structure.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>( 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.<\/p>\n<p>( 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.<\/p>\n<p>(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.<\/p>\n<p>(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).<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>Annual report and information.<\/p>\n<p>15.\u2014(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.<\/p>\n<p>(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.<\/p>\n<p>Grants.<br \/>\n16.\u2014In 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.<\/p>\n<p>Accounts and audits.<br \/>\n17.\u2014(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>Fees and charges.<br \/>\n18.\u2014The 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.<\/p>\n<p>Transfer of property and liabilities.<br \/>\n19.\u2014(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.<\/p>\n<p>(2) On the establishment date, the following shall be and hereby are transferred to the Institute\u2014<\/p>\n<p>( 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,<\/p>\n<p>( 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,<\/p>\n<p>and, accordingly, without any further transfer or assignment\u2014<\/p>\n<p>(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,<\/p>\n<p>(ii) the said rights, shall, on and from the establishment date, be enjoyed by the Institute,<\/p>\n<p>(iii) the said liabilities shall, on and from the establishment date, be the liabilities of the Institute.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>Preservation of contracts and continuance of legal proceedings.<br \/>\n20.\u2014(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.<\/p>\n<p>(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.<\/p>\n<p>(3) This section does not apply to any contract or proceedings in relation to land.<\/p>\n<p>(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.<\/p>\n<p>Inspection.<br \/>\n21.\u2014The 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.<\/p>\n<p>Expenses.<br \/>\n22.\u2014The 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.<\/p>\n<p>Regulations.<br \/>\n23.\u2014(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.<\/p>\n<p>(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.<\/p>\n<p>Short title.<br \/>\n24.\u2014This Act may be cited as the Dublin Institute of Technology Act, 1992.<\/p>\n<p>Section 3.<\/p>\n<p>FIRST SCHEDULE<\/p>\n<h4>DUBLIN INSTITUTE OF TECHNOLOGY<\/h4>\n<p>Institutions comprising the Institute:<\/p>\n<p>College of Catering, Cathal Brugha Street;<\/p>\n<p>College of Commerce, Rathmines;<\/p>\n<p>College of Marketing and Design, Mountjoy Square;<\/p>\n<p>College of Technology, Bolton Street;<\/p>\n<p>College of Technology, Kevin Street;<\/p>\n<p>College of Music, Adelaide Road.<\/p>\n<p>Section 6.<\/p>\n<p>SECOND SCHEDULE<\/p>\n<h4>THE GOVERNING BODY<\/h4>\n<p>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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>2. (1) The Governing Body shall have a Chairman who may be designated by such title as the Governing Body may determine.<\/p>\n<p>(2) The Chairman shall be appointed by the Minister and may be removed from office by the Minister.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(5) The Chairman shall cease to hold office on attaining the age of 70 years.<\/p>\n<p>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.<\/p>\n<p>(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.<\/p>\n<p>(3) An ordinary member shall cease to hold office on attaining the age of 70 years.<\/p>\n<p>(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&#8217;s term of office.<\/p>\n<p>(5) A member (including the Chairman) whose term of office expires by effluxion of time shall be eligible for reappointment.<\/p>\n<p>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.<\/p>\n<p>(2) An ordinary member who is a registered student of the Institute shall hold office for a period of one year.<\/p>\n<p>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.<\/p>\n<p>(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&#8217;s period of office as a member of the Governing Body.<\/p>\n<p>(3) The deputy-chairman on ceasing to be a member of the Governing Body shall thereupon cease to be deputy-chairman.<\/p>\n<p>6. (1) Where a member of the Governing Body\u2014<\/p>\n<p>( a ) is nominated as a member of Seanad \u00c9ireann, or<\/p>\n<p>( b ) is elected as a member of either House of the Oireachtas or as a representative in the European Parliament, or<\/p>\n<p>( 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<\/p>\n<p>( d ) is adjudged bankrupt or makes, under the protection or procedure of a court, a composition or arrangement with creditors, or<\/p>\n<p>( e ) is sentenced to a term of imprisonment by a court of competent jurisdiction,<\/p>\n<p>that member shall thereupon cease to be a member of the Governing Body.<\/p>\n<p>(2) A person shall not be eligible to be a member of the Governing Body if that person\u2014<\/p>\n<p>( a ) is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein, or<\/p>\n<p>( b ) is for the time being a member of the European Parliament, or<\/p>\n<p>( c ) is an undischarged bankrupt, or<\/p>\n<p>( d ) within the immediately preceding three years has, under the protection of a court, made a composition or arrangement with creditors, or<\/p>\n<p>( e ) within the immediately preceding five years, has been sentenced to a term of imprisonment by a court of competent jurisdiction.<\/p>\n<p>7. (1) A member of the Governing Body who has\u2014<\/p>\n<p>( a ) any interest in any company or concern with which the Institute proposes to make any contract, or<\/p>\n<p>( b ) any interest in any contract which the Institute proposes to make,<\/p>\n<p>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.<\/p>\n<p>(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.<\/p>\n<p>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.<\/p>\n<p>9. ( a ) The Governing Body shall hold such and so many meetings as may be necessary for the performance of its functions.<\/p>\n<p>( b ) The Vocational Education Committee shall fix the date, time and place of the first meeting of the Governing Body.<\/p>\n<p>( c ) The quorum for a meeting of the Governing Body shall be six members.<\/p>\n<p>10. At a meeting of the Governing Body\u2014<\/p>\n<p>( a ) the Chairman shall, if present, be the chairman of the meeting,<\/p>\n<p>( 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,<\/p>\n<p>( 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.<\/p>\n<p>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.<\/p>\n<p>12. Subject to paragraph 9 (c) of this Schedule the Governing Body may act notwithstanding one or more than one vacancy among its members.<\/p>\n<p>13. Subject to the provisions of this Act the Governing Body shall regulate, by standing orders or otherwise, its procedure and business.<\/p>\n<p>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\u2014<\/p>\n<p>( 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,<\/p>\n<p>( b ) shall determine the conditions under which students, having been admitted to the Institute, may be excluded from it,<\/p>\n<p>( c ) may enter into relationships or co-operate with any other institution, authority or body for any purpose of the Institute,<\/p>\n<p>( 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,<\/p>\n<p>( 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,<\/p>\n<p>( f ) may make, from time to time, such regulations as it sees fit for the conduct of the affairs of the Institute.<\/p>\n<p>Section 9.<\/p>\n<p>THIRD SCHEDULE<\/p>\n<p>THE PRESIDENT<\/p>\n<p>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.<\/p>\n<p>2. The President shall not hold any other office or position without the consent of the Governing Body.<\/p>\n<p>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.<\/p>\n<p>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.<\/p>\n<p>&nbsp;<\/p>\n<h2>INSTITUTES OF TECHNOLOGY ACT 2006<\/h2>\n<p>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.<\/p>\n<p>[16th July, 2006]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:<\/p>\n<p>PART 1<\/p>\n<p>Preliminary and General<\/p>\n<p>Short title, commencement and collective citations.<\/p>\n<p>1.\u2014 (1) This Act may be cited as the Institutes of Technology Act 2006.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(6) The Higher Education Authority Act 1971 and section 52 may be cited together as the Higher Education Authority Acts 1971 and 2006.<\/p>\n<p>(7) The Universities Act 1997 and section 53 may be cited together as the Universities Acts 1997 and 2006.<\/p>\n<p>(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.<\/p>\n<p>(9) The Vocational Education Acts 1930 to 2001 and section 55 may be cited together as the Vocational Education Acts 1930 to 2006.<\/p>\n<h4>Definitions.<\/h4>\n<p>2.\u2014 In this Act\u2014<\/p>\n<p>\u201c DIT Act\u201d means the Dublin Institute of Technology Act 1992 ;<\/p>\n<p>\u201cRTC Act\u201d means the Regional Technical Colleges Act 1992 .<\/p>\n<p>PART 2<\/p>\n<h4>Amendment of Regional Technical Colleges Acts<\/h4>\n<p>Amendment of section 2 of RTC Act.<\/p>\n<p>3.\u2014 Section 2(1) of the RTC Act is amended\u2014<\/p>\n<p>(a) by inserting, after the definition of \u201cacademic council\u201d, the following definition:<\/p>\n<p>\u201c \u2018An t\u00dadar\u00e1s\u2019 means An t\u00dadar\u00e1s um Ard-Oideachas;\u201d, and<\/p>\n<p>(b) by substituting the following definition for the definition of \u201ccollege\u201d:<\/p>\n<p>\u201c \u2018college\u2019 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;\u201d.<\/p>\n<h4>Amendment of section 3 of RTC Act.<\/h4>\n<p>4.\u2014 Section 3 of the RTC Act is amended\u2014<\/p>\n<p>(a) by substituting the following for subsection (1) (as amended by the Regional Technical Colleges (Amendment) Act 1999 ):<\/p>\n<p>\u201c(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.<\/p>\n<p>(b) Col\u00e1iste Eala\u00edne agus Deartha Crawford (Crawford College of Art and Design), Ceol-Scoil Chorca\u00ed (Cork School of Music) and Col\u00e1iste N\u00e1isi\u00fanta Mara na h\u00c9ireann (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.<\/p>\n<p>(c) (i) Col\u00e1iste Turas\u00f3ireachta 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.<\/p>\n<p>(ii) Every person who, immediately before the commencement of this paragraph, is\u2014<\/p>\n<p>(I) an employee of County Donegal Vocational Education Committee, and<\/p>\n<p>(II) working for the college referred to in subparagraph (i),<\/p>\n<p>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.\u201d, and<\/p>\n<p>(b) by deleting subsections (2) (as amended by the Qualifications (Education and Training) Act 1999 ) and (3).<\/p>\n<p>Repeal of section 3A of RTC Act.<\/p>\n<p>5.\u2014 Section 3A (inserted by the Qualifications (Education and Training) Act 1999 ) of the RTC Act is repealed.<\/p>\n<h4>Amendment of section 5 of RTC Act.<\/h4>\n<p>6.\u2014 Section 5 of the RTC Act is amended\u2014<\/p>\n<p>(a) in subsection (1)\u2014<\/p>\n<p>(i) in paragraph (c), by substituting \u201cAn t\u00dadar\u00e1s\u201d for \u201cthe Minister\u201d,<\/p>\n<p>(ii) by substituting the following paragraph for paragraph (e):<\/p>\n<p>\u201c(e) in relation to any of the following companies or undertakings and in accordance with the following law, namely\u2014<\/p>\n<p>(i) a limited liability company in the State \u2014 in accordance with the Companies Acts, or<\/p>\n<p>(ii) a company or undertaking (the liability of members of which is limited) in a state other than the State \u2014 in accordance with the law of that state,<\/p>\n<p>to\u2014<\/p>\n<p>(I) promote and take part in the formation of it,<\/p>\n<p>(II) acquire, hold or dispose of shares or other interests in its capital, or<\/p>\n<p>(III) participate in the management or direction of it,<\/p>\n<p>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;\u201d,<\/p>\n<p>and<\/p>\n<p>(iii) in paragraph (i), by substituting \u201cAn t\u00dadar\u00e1s\u201d for \u201cthe Minister\u201d,<\/p>\n<p>and<\/p>\n<p>(b) by deleting subsection (2).<\/p>\n<h4>Academic freedom.<\/h4>\n<p>7.\u2014 The RTC Act is amended by inserting the following section after section 5:<\/p>\n<p>\u201cAcademic freedom.<\/p>\n<p>5A.\u2014 (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.<\/p>\n<p>(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.\u201d.<\/p>\n<p>Amendment of section 7 of RTC Act.<\/p>\n<p>8.\u2014 The RTC Act is amended by substituting the following section for section 7:<\/p>\n<p>\u201c<\/p>\n<h4>Functions of governing bodies.<\/h4>\n<p>7.\u2014 (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\u2019s budget under section 13\u2014<\/p>\n<p>(a) to control and administer the land and other property of the college,<\/p>\n<p>(b) to appoint the Director and such other staff as it thinks necessary for the purposes of the college, and<\/p>\n<p>(c) to perform such other functions as are conferred on it by this or any other Act.<\/p>\n<p>(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.<\/p>\n<p>(3) A governing body has, subject to this or any other Act, such powers as are necessary for the purposes of performing its functions.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(6) In performing its functions a governing body, or, where appropriate, a committee shall\u2014<\/p>\n<p>(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,<\/p>\n<p>(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,<\/p>\n<p>(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,<\/p>\n<p>(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<\/p>\n<p>(e) have regard to the statutory responsibilities of other education providers.\u201d.<\/p>\n<h4>Amendments of RTC Act<\/h4>\n<p>Amendment of section 8 of RTC Act.<\/p>\n<p>9.\u2014 Section 8(1) of the RTC Act is amended by substituting \u201cAn t\u00dadar\u00e1s\u201d for \u201cthe vocational education committee\u201d.<\/p>\n<p>Amendment of section 9 of RTC Act.<\/p>\n<p>10.\u2014 Section 9 of the RTC Act is amended\u2014<\/p>\n<p>(a) by substituting the following subsection for subsection (1):<\/p>\n<p>\u201c(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.\u201d,<\/p>\n<p>(b) in subsection (2), by substituting \u201cAn t\u00dadar\u00e1s\u201d for \u201cthe Minister\u201d, and<\/p>\n<p>(c) by substituting the following subsection for subsection (4) (inserted by the Regional Technical Colleges (Amendment) Act 1994 ):<\/p>\n<p>\u201c(4) Where an office of Director becomes vacant, the governing body, after consultation with An t\u00dadar\u00e1s, 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.\u201d.<\/p>\n<p>Amendment of section 10 of RTC Act.<\/p>\n<p>11.\u2014 Section 10(3)(a) of the RTC Act is amended by deleting \u201cin accordance with the programmes and budget approved annually under section 13 of this Act and\u201d.<\/p>\n<p>Amendment of section 11 of RTC Act.<\/p>\n<p>12.\u2014 The RTC Act is amended by substituting the following section for section 11:<\/p>\n<p>\u201cGeneral provisions in relation to staff.<\/p>\n<p>11.\u2014 (1) A college may perform such of its functions as the governing body may deem proper through or by any member of its staff.<\/p>\n<p>(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.<\/p>\n<p>(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 t\u00dadar\u00e1s.<\/p>\n<p>(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.\u201d.<\/p>\n<h4>Provisions in relation to certain staff.<\/h4>\n<p>13.\u2014 The RTC Act is amended by inserting the following section after section 11:<\/p>\n<p>\u201cProvisions in relation to certain staff.<\/p>\n<p>11A.\u2014 (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 t\u00dadar\u00e1s given with the concurrence of the Minister and the Minister for Finance, the governing body from time to time thinks proper.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.\u201d.<\/p>\n<h4>Amendment of section 12 of RTC Act.<\/h4>\n<p>14.\u2014 Section 12 of the RTC Act is amended by adding the following subsections after subsection (2):<\/p>\n<p>\u201c(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.<\/p>\n<p>(4) (a) A college shall not remove any of its officers to whom this subsection applies from office without the consent of the Minister.<\/p>\n<p>(b) This subsection applies to officers of a college appointed before the commencement of this subsection.\u201d.<\/p>\n<p>Amendment of section 13 of RTC Act.<\/p>\n<p>15.\u2014 The RTC Act is amended by substituting the following section for section 13:<\/p>\n<p>\u201c<\/p>\n<h4>Budgets.<\/h4>\n<p>13.\u2014 (1) A governing body shall, on or before the first day of March in each financial year or such other date as An t\u00dadar\u00e1s may approve (which may be a date before the commencement of the financial year to which the statement relates), prepare and submit to An t\u00dadar\u00e1s, in such form and manner as may from time to time be approved by An t\u00dadar\u00e1s, a statement of the proposed expenditure and expected income of the college for the financial year.<\/p>\n<p>(2) An t\u00dadar\u00e1s 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 t\u00dadar\u00e1s 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 t\u00dadar\u00e1s, shall be the budget of the college for the financial year.<\/p>\n<p>(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.<\/p>\n<p>(4) An t\u00dadar\u00e1s 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 t\u00dadar\u00e1s.<\/p>\n<p>(5) Where the Director of a college is of opinion that\u2014<\/p>\n<p>(a) the actual expenditure in a financial year, or<\/p>\n<p>(b) a proposed course of action,<\/p>\n<p>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 \u2018material departure from the budget\u2019), the Director shall so inform the governing body.<\/p>\n<p>(6) Where the governing body, despite being so informed, decides\u2014<\/p>\n<p>(a) in the case of subsection (5)(a), not to decrease its actual expenditure, or<\/p>\n<p>(b) in the case of subsection (5)(b), to continue with its proposed course of action,<\/p>\n<p>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 t\u00dadar\u00e1s of the decision of the governing body.<\/p>\n<p>(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 t\u00dadar\u00e1s, that excess shall be a first charge on the budget for the next succeeding financial year.<\/p>\n<p>(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.<\/p>\n<p>(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 t\u00dadar\u00e1s; An t\u00dadar\u00e1s shall consult with the Minister and the Minister for Finance before entering into such arrangements.\u201d.<\/p>\n<h4>Amendment of section 14 of RTC Act.<\/h4>\n<p>16.\u2014 Section 14 of the RTC Act is amended\u2014<\/p>\n<p>(a) by substituting the following subsection for subsection (1):<\/p>\n<p>\u201c(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 t\u00dadar\u00e1s and provide a copy of such report to An t\u00dadar\u00e1s and the Minister.\u201d,<\/p>\n<p>(b) in subsection (2), by substituting \u201cAn t\u00dadar\u00e1s\u201d for \u201cthe vocational education committee\u201d, and<\/p>\n<p>(c) by adding the following subsection after subsection (2):<\/p>\n<p>\u201c(3) A college shall supply to An t\u00dadar\u00e1s such information as An t\u00dadar\u00e1s 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.\u201d.<\/p>\n<p>Repeal of section 15 of RTC Act.<\/p>\n<p>17.\u2014 Section 15 of the RTC Act is repealed.<\/p>\n<p>Amendment of section 16 of RTC Act.<\/p>\n<p>18.\u2014 The RTC Act is amended by substituting the following section for section 16:<\/p>\n<p>\u201c<\/p>\n<p>Keeping of accounts and records.<\/p>\n<p>16.\u2014 (1) A college shall keep, in such form as may be approved by An t\u00dadar\u00e1s, all proper and usual accounts and records of all income received or expenditure incurred by it.<\/p>\n<p>(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 t\u00dadar\u00e1s and to the Minister.<\/p>\n<p>(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.\u201d.<\/p>\n<p>Amendment of section 18 of RTC Act.<\/p>\n<p>19.\u2014 Section 18(1) of the RTC Act is amended by deleting \u201c, after consultation with the vocational education committee\u201d.<\/p>\n<p>Amendment of section 20 of RTC Act.<\/p>\n<p>20.\u2014 The RTC Act is amended by substituting the following section for section 20:<\/p>\n<p>\u201c<\/p>\n<h4>Inspection.<\/h4>\n<p>20.\u2014 The Minister, following consultation with An t\u00dadar\u00e1s, 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.\u201d.<\/p>\n<p>Amendment of section 21 of RTC Act.<\/p>\n<p>21.\u2014 Section 21(4) of the RTC Act is amended by inserting \u201cto whom subsections (3) and (4) (inserted by the Institutes of Technology Act 2006) of section 12 apply\u201d after \u201cofficers of a college\u201d.<\/p>\n<h4>Governance of institutes of technology.<\/h4>\n<p>22.\u2014 The RTC Act is amended by inserting the following sections after section 21:<\/p>\n<h4>\u201cReserved functions.<\/h4>\n<p>21A.\u2014 (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 \u2018reserved function\u2019 shall in this Act be construed and have effect accordingly.<\/p>\n<p>(2) The functions under sections 5(1)(a) to (j), 7, 9, 10, 21C, 21D and 21E are declared to be reserved functions.<\/p>\n<p>(3) Any dispute as to whether or not a particular function is a reserved function shall be determined by the Minister.<\/p>\n<p>(4) A Director shall assist the governing body in the performance of its reserved functions, in such manner as the governing body may require.<\/p>\n<p>(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.<\/p>\n<h4>Executive functions.<\/h4>\n<p>21B.\u2014 (1) Every function that is not a reserved function shall be an executive function, and \u2018executive function\u2019 shall, in this Act, be construed and have effect accordingly.<\/p>\n<p>(2) Executive functions shall be performed by the Director.<\/p>\n<p>(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.<\/p>\n<p>(4) A Director shall provide such information to the Minister or An t\u00dadar\u00e1s regarding the performance of his or her functions as the Minister or An t\u00dadar\u00e1s, as the case may be, may from time to time require.<\/p>\n<h4>Strategic development plan.<\/h4>\n<p>21C.\u2014 (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 \u2018strategic development plan\u2019) 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.<\/p>\n<p>(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.<\/p>\n<p>(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 t\u00dadar\u00e1s and to the Minister.<\/p>\n<h4>Equality policy.<\/h4>\n<p>21D.\u2014 (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\u2014<\/p>\n<p>(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<\/p>\n<p>(b) equality, including gender equality, in all activities of the college,<\/p>\n<p>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.<\/p>\n<p>(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.<\/p>\n<p>(3) A college shall implement the policies set out in the statement as approved under subsection (2).<\/p>\n<h4>Dispute resolution.<\/h4>\n<p>21E.\u2014 (1) A governing body shall establish procedures for the resolution of disputes that arise in the college.<\/p>\n<p>(2) Subsection (1) shall not apply to industrial relations disputes, which shall be dealt with through normal industrial relations structures operating in the college.<\/p>\n<p>(3) Procedures established under subsection (1) shall\u2014<\/p>\n<p>(a) be embodied in writing,<\/p>\n<p>(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<\/p>\n<p>(c) provide for consideration of issues in dispute by an independent person or persons, as appropriate.<\/p>\n<h4>Reviews.<\/h4>\n<p>21F.\u2014 An t\u00dadar\u00e1s may review\u2014<\/p>\n<p>(a) the strategic development plan prepared in accordance with section 21C, and<\/p>\n<p>(b) the policies set out in the statement prepared under section 21D and their implementation by the college,<\/p>\n<p>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.\u201d.<\/p>\n<p>Effect of certain orders.<\/p>\n<p>23.\u2014 The RTC Act is amended by inserting the following section after section 23:<\/p>\n<p>\u201cEffect of certain orders.<\/p>\n<p>23A.\u2014 (1) Each order made under section 3 shall, during the relevant period, be deemed always to have been valid.<\/p>\n<p>(2) In this section \u2018relevant period\u2019 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.\u201d.<\/p>\n<h4>Amendment of First Schedule to RTC Act.<\/h4>\n<p>24.\u2014 The RTC Act is amended by substituting the following Schedule for the First Schedule:<\/p>\n<p>\u201cSection 3.<\/p>\n<p>FIRST SCHEDULE<\/p>\n<h4>The Colleges<\/h4>\n<p>Name of College.<\/p>\n<p>Vocational Education Committee in whose functional area the college is situated.<\/p>\n<p>(1)<\/p>\n<p>(2)<\/p>\n<p>Institi\u00faid Teicneola\u00edochta Bhaile \u00c1tha Luain.<\/p>\n<p>Athlone Institute of Technology.<\/p>\n<p>County Westmeath.<\/p>\n<p>Institi\u00faid Teicneola\u00edochta, Baile Bhlains\u00e9ir.<\/p>\n<p>Institute of Technology, Blanchardstown.<\/p>\n<p>County Dublin.<\/p>\n<p>Institi\u00faid Teicneola\u00edochta, Ceatharlach.<\/p>\n<p>Institute of Technology, Carlow.<\/p>\n<p>County Carlow.<\/p>\n<p>Institi\u00faid Teicneola\u00edochta Chorca\u00ed.<\/p>\n<p>Cork Institute of Technology.<\/p>\n<p>City of Cork.<\/p>\n<p>Institi\u00faid Teicneola\u00edochta Dh\u00fan Dealgan.<\/p>\n<p>Dundalk Institute of Technology.<\/p>\n<p>County Louth.<\/p>\n<p>Institi\u00faid Eala\u00edne, Deartha agus Teicneola\u00edochta Dh\u00fan Laoghaire.<\/p>\n<p>D\u00fan Laoghaire Institute of Art, Design and Technology.<\/p>\n<p>D\u00fan Laoghaire.<\/p>\n<p>Institi\u00faid Teicneola\u00edochta na Gaillimhe-Maigh Eo.<\/p>\n<p>Galway-Mayo Institute of Technology.<\/p>\n<p>City of Galway.<\/p>\n<p>Institi\u00faid Teicneola\u00edochta Leitir Ceanainn.<\/p>\n<p>Letterkenny Institute of Technology.<\/p>\n<p>County Donegal.<\/p>\n<p>Institi\u00faid Teicneola\u00edochta Luimnigh.<\/p>\n<p>Limerick Institute of Technology.<\/p>\n<p>City of Limerick.<\/p>\n<p>Institi\u00faid Teicneola\u00edochta, Sligeach.<\/p>\n<p>Institute of Technology, Sligo.<\/p>\n<p>County Sligo.<\/p>\n<p>Institi\u00faid Teicneola\u00edochta, Tamhlacht.<\/p>\n<p>Institute of Technology, Tallaght.<\/p>\n<p>County Dublin.<\/p>\n<p>Institi\u00faid Teicneola\u00edochta, Tr\u00e1 L\u00ed.<\/p>\n<p>Institute of Technology, Tralee.<\/p>\n<p>County Kerry.<\/p>\n<p>Institi\u00faid Teicneola\u00edochta Phort L\u00e1irge.<\/p>\n<p>Waterford Institute of Technology.<\/p>\n<p>City of Waterford.<\/p>\n<p>\u201d.<\/p>\n<p>Amendment of Second Schedule to RTC Act.<\/p>\n<p>25.\u2014 The Second Schedule to the RTC Act is amended\u2014<\/p>\n<p>(a) by deleting paragraphs 2(5) and 3(3), and<\/p>\n<p>(b) in paragraph 14(e), by deleting \u201csubject to the approval of the Minister and to such terms and conditions as the Minister may lay down,\u201d.<\/p>\n<p>Amendment of Third Schedule to RTC Act.<\/p>\n<p>26.\u2014 The RTC Act is amended by substituting the following Schedule for the Third Schedule:<\/p>\n<p>\u201cSection 9.<\/p>\n<p>THIRD SCHEDULE<\/p>\n<h4>Director<\/h4>\n<p>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.<\/p>\n<p>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.<\/p>\n<p>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.<\/p>\n<p>(2) Notwithstanding any such delegation, the Director shall at all times remain answerable to the governing body in respect of the functions so delegated.<\/p>\n<p>4. A Director shall not hold any other office or position without the consent of the governing body.<\/p>\n<p>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 t\u00dadar\u00e1s decides otherwise.<\/p>\n<p>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.<\/p>\n<p>7. Unless he or she resigns, retires or is removed from office, a Director shall hold office for a period of 10 years.<\/p>\n<p>8. A Director shall, whenever required to do so by the Committee of D\u00e1il \u00c9ireann established under the Standing Orders of D\u00e1il \u00c9ireann to examine and report to D\u00e1il \u00c9ireann on the appropriation accounts and reports of the Comptroller and Auditor General, give evidence to that Committee on\u2014<\/p>\n<p>(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,<\/p>\n<p>(b) the economy and efficiency of the college in the use of its resources,<\/p>\n<p>(c) the systems, procedures and practices employed by the college for the purpose of evaluating the effectiveness of its operations, and<\/p>\n<p>(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 D\u00e1il \u00c9ireann.<\/p>\n<p>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.<\/p>\n<p>10. From time to time and whenever so requested, a Director shall account for the performance of a college\u2019s 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.\u201d.<\/p>\n<p>Amendment of Regional Technical Colleges (Amendment) Act 1994.<\/p>\n<p>27.\u2014 The Regional Technical Colleges (Amendment) Act 1994 is amended\u2014<\/p>\n<p>(a) in section 2(1), by inserting \u201c, following consultation with An t\u00dadar\u00e1s,\u201d after \u201cMinister\u201d, where \u201cMinister\u201d firstly occurs in that subsection, and<\/p>\n<p>(b) in section 4(1), by substituting the following for paragraph (a):<\/p>\n<p>\u201c(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;\u201d.<\/p>\n<p>Amendment of section 9 of Regional Technical Colleges (Amendment) Act 1999.<\/p>\n<p>28.\u2014 Section 9 of the Regional Technical Colleges (Amendment) Act 1999 is amended\u2014<\/p>\n<p>(a) in subsection (4), by substituting \u201cEducation 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 ))\u201d for \u201cLocal Government (Superannuation) Act 1980\u201d, and<\/p>\n<p>(b) by deleting subsections (5), (6) and (7).<\/p>\n<p>PART 3<\/p>\n<h4>Amendment of Dublin Institute of Technology Acts<\/h4>\n<p>Amendment of section 2 of DIT Act.<\/p>\n<p>29.\u2014 Section 2(1) of the DIT Act is amended by inserting, after the definition of \u201cthe Academic Council\u201d, the following definition:<\/p>\n<p>\u201c \u2018An t\u00dadar\u00e1s\u2019 means An t\u00dadar\u00e1s um Ard-Oideachas;\u201d.<\/p>\n<p>Amendment of section 3 of DIT Act.<\/p>\n<p>30.\u2014 Section 3 of the DIT Act is amended\u2014<\/p>\n<p>(a) in subsection (1), by substituting \u201cinstitution of higher education\u201d for \u201cinstitute of education\u201d, and<\/p>\n<p>(b) by deleting subsection (3).<\/p>\n<p>Amendment of section 5 of DIT Act.<\/p>\n<p>31.\u2014 Section 5 of the DIT Act is amended\u2014<\/p>\n<p>(a) in subsection (1)\u2014<\/p>\n<p>(i) by substituting the following paragraph for paragraph (b):<\/p>\n<p>\u201c(b) to confer, grant or give degrees (including postgraduate degrees), diplomas, certificates and other educational awards (including honorary awards);\u201d,<\/p>\n<p>(ii) in paragraph (d), by substituting \u201cAn t\u00dadar\u00e1s\u201d for \u201cthe Minister\u201d,<\/p>\n<p>(iii) by substituting the following paragraph for paragraph (f):<\/p>\n<p>\u201c(f) in relation to any of the following companies or undertakings and in accordance with the following law, namely\u2014<\/p>\n<p>(i) a limited liability company in the State \u2014 in accordance with the Companies Acts, or<\/p>\n<p>(ii) a company or undertaking (the liability of members of which is limited) in a state other than the State \u2014 in accordance with the law of that state,<\/p>\n<p>to\u2014<\/p>\n<p>(I) promote and take part in the formation of it,<\/p>\n<p>(II) acquire, hold or dispose of shares or other interests in its capital, or<\/p>\n<p>(III) participate in the management or direction of it,<\/p>\n<p>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;\u201d,<\/p>\n<p>and<\/p>\n<p>(iv) in paragraph (j), by substituting \u201cAn t\u00dadar\u00e1s\u201d for \u201cthe Minister\u201d,<\/p>\n<p>(b) by deleting subsection (2), and<\/p>\n<p>(c) in subsection (3), by substituting \u201cDegrees and other awards under subsection (1)(b)\u201d for \u201cAwards 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)\u201d.<\/p>\n<p>Academic freedom.<\/p>\n<p>32.\u2014 The DIT Act is amended by inserting the following section after section 5:<\/p>\n<p>\u201cAcademic freedom.<\/p>\n<p>5A.\u2014 (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.<\/p>\n<p>(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.\u201d.<\/p>\n<p>Amendment of section 7 of DIT Act.<\/p>\n<p>33.\u2014 The DIT Act is amended by substituting the following section for section 7:<\/p>\n<p>\u201cFunctions of Governing Body.<\/p>\n<p>7.\u2014 (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\u2019s budget under section 14\u2014<\/p>\n<p>(a) to control and administer the land and other property of the Institute,<\/p>\n<p>(b) to appoint the President and such other staff as it thinks necessary for the purposes of the Institute, and<\/p>\n<p>(c) to perform such other functions as are conferred on it by this or any other Act.<\/p>\n<p>(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.<\/p>\n<p>(3) The Governing Body has, subject to this or any other Act, such powers as are necessary for the purposes of performing its functions.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(6) In performing its functions the Governing Body, or, where appropriate, a committee, shall\u2014<\/p>\n<p>(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,<\/p>\n<p>(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,<\/p>\n<p>(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,<\/p>\n<p>(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<\/p>\n<p>(e) have regard to the statutory responsibilities of other education providers.\u201d.<\/p>\n<p>Amendment of section 8 of DIT Act.<\/p>\n<p>34.\u2014 Section 8(1) of the DIT Act is amended by substituting \u201cAn t\u00dadar\u00e1s\u201d for \u201cthe Vocational Education Committee\u201d.<\/p>\n<p>Amendment of section 9 of DIT Act.<\/p>\n<p>35.\u2014 Section 9 of the DIT Act is amended\u2014<\/p>\n<p>(a) by substituting the following subsection for subsection (1):<\/p>\n<p>\u201c(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.\u201d,<\/p>\n<p>(b) in subsection (2), by substituting \u201cAn t\u00dadar\u00e1s\u201d for \u201cthe Minister\u201d, and<\/p>\n<p>(c) by substituting the following subsection for subsection (4) (inserted by the Dublin Institute of Technology (Amendment) Act 1994 ):<\/p>\n<p>\u201c(4) Where the office of President becomes vacant, the Governing Body, after consultation with An t\u00dadar\u00e1s, 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.\u201d.<\/p>\n<p>Amendment of section 10 of DIT Act.<\/p>\n<p>36.\u2014 Section 10 of the DIT Act is amended\u2014<\/p>\n<p>(a) in subsection (1), by deleting \u201c, with the approval of the Minister,\u201d, and<\/p>\n<p>(b) in subsection (2), by substituting \u201cAn t\u00dadar\u00e1s\u201d for \u201cthe Minister\u201d.<\/p>\n<p>Amendment of section 11 of DIT Act.<\/p>\n<p>37.\u2014 Section 11(3)(a) of the DIT Act is amended by deleting \u201cin accordance with the programmes and budget approved annually under section 14 of this Act and\u201d.<\/p>\n<p>Amendment of section 12 of DIT Act.<\/p>\n<p>38.\u2014 The DIT Act is amended by substituting the following section for section 12:<\/p>\n<p>\u201c<\/p>\n<h4>General provisions in relation to staff.<\/h4>\n<p>12.\u2014 (1) The Institute may perform such of its functions as the Governing Body may deem proper through or by any member of its staff.<\/p>\n<p>(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.<\/p>\n<p>(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 t\u00dadar\u00e1s.<\/p>\n<p>(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.\u201d.<\/p>\n<p>Provisions in relation to certain staff.<\/p>\n<p>39.\u2014 The DIT Act is amended by inserting the following section after section 12:<\/p>\n<p>\u201cProvisions in relation to certain staff.<\/p>\n<p>12A.\u2014 (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 t\u00dadar\u00e1s given with the concurrence of the Minister and the Minister for Finance, the Governing Body from time to time thinks proper.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.\u201d.<\/p>\n<p>Amendment of section 13 of DIT Act.<\/p>\n<p>40.\u2014 Section 13 of the DIT Act is amended by adding the following subsections after subsection (2):<\/p>\n<p>\u201c(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.<\/p>\n<p>(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.<\/p>\n<p>(c) Any sum paid under paragraph (b)\u2014<\/p>\n<p>(i) shall be repayable by the officer to the Institute,<\/p>\n<p>(ii) may be deducted from any moneys payable by the Institute to that officer, and<\/p>\n<p>(iii) shall not be reckoned as salary or emolument for the purposes of the Education Sector Superannuation Scheme.<\/p>\n<p>(4) (a) The Institute shall not remove any of its officers to whom this subsection applies from office without the consent of the Minister.<\/p>\n<p>(b) This subsection applies to officers of the Institute appointed before the commencement of this subsection.\u201d.<\/p>\n<p>Amendment of section 14 of DIT Act.<\/p>\n<p>41.\u2014 The DIT Act is amended by substituting the following section for section 14:<\/p>\n<p>\u201c<\/p>\n<h4>Budgets.<\/h4>\n<p>14.\u2014 (1) The Governing Body shall, on or before the 1st day of March in each financial year or such other date as An t\u00dadar\u00e1s may approve (which may be a date before the commencement of the financial year to which the statement relates), prepare and submit to An t\u00dadar\u00e1s, in such form and manner as may from time to time be approved by An t\u00dadar\u00e1s, a statement of the proposed expenditure and expected income of the Institute for the financial year.<\/p>\n<p>(2) An t\u00dadar\u00e1s 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 t\u00dadar\u00e1s 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 t\u00dadar\u00e1s, shall be the budget of the Institute for the financial year.<\/p>\n<p>(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.<\/p>\n<p>(4) An t\u00dadar\u00e1s 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 t\u00dadar\u00e1s.<\/p>\n<p>(5) Where the President is of opinion that\u2014<\/p>\n<p>(a) the actual expenditure in a financial year, or<\/p>\n<p>(b) a proposed course of action,<\/p>\n<p>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 \u2018material departure from the budget\u2019), the President shall so inform the Governing Body.<\/p>\n<p>(6) Where the Governing Body, despite being so informed, decides\u2014<\/p>\n<p>(a) in the case of subsection (5)(a), not to decrease its actual expenditure, or<\/p>\n<p>(b) in the case of subsection (5)(b), to continue with its proposed course of action,<\/p>\n<p>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 t\u00dadar\u00e1s of the decision of the Governing Body.<\/p>\n<p>(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 t\u00dadar\u00e1s, that excess shall be a first charge on the budget for the next succeeding financial year.<\/p>\n<p>(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.<\/p>\n<p>(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 t\u00dadar\u00e1s; An t\u00dadar\u00e1s shall consult with the Minister and the Minister for Finance before entering into such arrangements.\u201d.<\/p>\n<p>Amendment of section 15 of DIT Act.<\/p>\n<p>42.\u2014 Section 15 of the DIT Act is amended\u2014<\/p>\n<p>(a) by substituting the following subsection for subsection (1):<\/p>\n<p>\u201c(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 t\u00dadar\u00e1s and provide a copy of such report to An t\u00dadar\u00e1s and the Minister.\u201d,<\/p>\n<p>(b) in subsection (2), by substituting \u201cAn t\u00dadar\u00e1s\u201d for \u201cthe Vocational Education Committee\u201d, and<\/p>\n<p>(c) by adding the following subsection after subsection (2):<\/p>\n<p>\u201c(3) The Institute shall supply to An t\u00dadar\u00e1s such information as An t\u00dadar\u00e1s 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.\u201d.<\/p>\n<p>Repeal of section 16 of DIT Act.<\/p>\n<p>43.\u2014 Section 16 of the DIT Act is repealed.<\/p>\n<p>Amendment of section 17 of DIT Act.<\/p>\n<p>44.\u2014 The DIT Act is amended by substituting the following section for section 17:<\/p>\n<p>\u201cKeeping of accounts and records.<\/p>\n<p>17.\u2014 (1) The Institute shall keep, in such form as may be approved by An t\u00dadar\u00e1s, all proper and usual accounts and records of all income received or expenditure incurred by it.<\/p>\n<p>(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 t\u00dadar\u00e1s and to the Minister.<\/p>\n<p>(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.\u201d.<\/p>\n<p>Amendment of section 19 of DIT Act.<\/p>\n<p>45.\u2014 Section 19(1) of the DIT Act is amended by deleting \u201c, after consultation with the Vocational Education Committee\u201d.<\/p>\n<p>Amendment of section 21 of DIT Act.<\/p>\n<p>46.\u2014 The DIT Act is amended by substituting the following section for section 21:<\/p>\n<p>\u201cInspection.<\/p>\n<p>21.\u2014 The Minister, following consultation with An t\u00dadar\u00e1s, 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.\u201d.<\/p>\n<h4>Governance of Dublin Institute of Technology.<\/h4>\n<p>47.\u2014 The DIT Act is amended by inserting the following sections after section 21:<\/p>\n<p>\u201c<\/p>\n<h4>Reserved functions.<\/h4>\n<p>21A.\u2014 (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 \u2018reserved function\u2019 shall in this Act be construed and have effect accordingly.<\/p>\n<p>(2) The functions under sections 5(1)(a) to (k), 7, 9, 10, 21C, 21D and 21E are declared to be reserved functions.<\/p>\n<p>(3) Any dispute as to whether or not a particular function is a reserved function shall be determined by the Minister.<\/p>\n<p>(4) The President shall assist the Governing Body in the performance of its reserved functions, in such manner as the Governing Body may require.<\/p>\n<p>(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.<\/p>\n<h4>Executive functions.<\/h4>\n<p>21B.\u2014 (1) Every function that is not a reserved function shall be an executive function, and \u2018executive function\u2019 shall, in this Act, be construed and have effect accordingly.<\/p>\n<p>(2) Executive functions shall be performed by the President.<\/p>\n<p>(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.<\/p>\n<p>(4) The President shall provide such information to the Minister or An t\u00dadar\u00e1s regarding the performance of his or her functions as the Minister or An t\u00dadar\u00e1s, as the case may be, may from time to time require.<\/p>\n<p>Strategic development plan.<\/p>\n<p>21C.\u2014 (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 \u2018strategic development plan\u2019) 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.<\/p>\n<p>(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.<\/p>\n<p>(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 t\u00dadar\u00e1s and to the Minister.<\/p>\n<h3>Equality policy.<\/h3>\n<p>21D.\u2014 (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\u2014<\/p>\n<p>(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<\/p>\n<p>(b) equality, including gender equality, in all activities of the Institute,<\/p>\n<p>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.<\/p>\n<p>(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.<\/p>\n<p>(3) The Institute shall implement the policies set out in the statement as approved under subsection (2).<\/p>\n<h4>Dispute resolution.<\/h4>\n<p>21E.\u2014 (1) The Governing Body shall establish procedures for the resolution of disputes that arise in the Institute.<\/p>\n<p>(2) Subsection (1) shall not apply to industrial relations disputes, which shall be dealt with through normal industrial relations structures operating in the Institute.<\/p>\n<p>(3) Procedures established under subsection (1) shall\u2014<\/p>\n<p>(a) be embodied in writing,<\/p>\n<p>(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<\/p>\n<p>(c) provide for consideration of issues in dispute by an independent person or persons, as appropriate.<\/p>\n<p>Reviews.<\/p>\n<p>21F.\u2014 An t\u00dadar\u00e1s may review\u2014<\/p>\n<p>(a) the strategic development plan prepared in accordance with section 21C, and<\/p>\n<p>(b) the policies set out in the statement prepared under section 21D and their implementation by the Institute,<\/p>\n<p>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.\u201d.<\/p>\n<p>Effect of certain orders.<\/p>\n<p>48.\u2014 The DIT Act is amended by inserting the following section after section 23:<\/p>\n<p>\u201cEffect of certain orders.<\/p>\n<p>23A.\u2014 (1) Each order made under section 5(2) shall, during the relevant period, be deemed always to have been valid.<\/p>\n<p>(2) In this section \u2018relevant period\u2019 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.\u201d.<\/p>\n<p>Amendment of Second Schedule to DIT Act.<\/p>\n<p>49.\u2014 The Second Schedule to the DIT Act is amended\u2014<\/p>\n<p>(a) by deleting paragraphs 2(5) and 3(3), and<\/p>\n<p>(b) in paragraph 14(e), by deleting \u201csubject to the approval of the Minister and to such terms and conditions as the Minister may lay down,\u201d.<\/p>\n<p>Amendment of Third Schedule to DIT Act.<\/p>\n<p>50.\u2014 The DIT Act is amended by substituting the following Schedule for the Third Schedule:<\/p>\n<p>\u201cSection 9.<\/p>\n<p>THIRD SCHEDULE<\/p>\n<p>The President<\/p>\n<p>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.<\/p>\n<p>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.<\/p>\n<p>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.<\/p>\n<p>(2) Notwithstanding any such delegation, the President shall at all times remain answerable to the Governing Body in respect of the functions so delegated.<\/p>\n<p>4. The President shall not hold any other office or position without the consent of the Governing Body.<\/p>\n<p>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 t\u00dadar\u00e1s decides otherwise.<\/p>\n<p>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.<\/p>\n<p>7. Unless he or she resigns, retires or is removed from office, the President shall hold office for a period of 10 years.<\/p>\n<p>8. The President shall, whenever required to do so by the Committee of D\u00e1il \u00c9ireann established under the Standing Orders of D\u00e1il \u00c9ireann to examine and report to D\u00e1il \u00c9ireann on the appropriation accounts and reports of the Comptroller and Auditor General, give evidence to that Committee on\u2014<\/p>\n<p>(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 Institute is required by this Act to prepare,<\/p>\n<p>(b) the economy and efficiency of the Institute in the use of its resources,<\/p>\n<p>(c) the systems, procedures and practices employed by the Institute for the purpose of evaluating the effectiveness of its operations, and<\/p>\n<p>(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 D\u00e1il \u00c9ireann.<\/p>\n<p>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.<\/p>\n<p>10. From time to time and whenever so requested, the President shall account for the performance of the Institute\u2019s 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.\u201d.<\/p>\n<p>Amendment of section 2 of Dublin Institute of Technology (Amendment) Act 1994.<\/p>\n<p>51.\u2014 The Dublin Institute of Technology (Amendment) Act 1994 is amended\u2014<\/p>\n<p>(a) in section 2(1), by inserting \u201c, following consultation with An t\u00dadar\u00e1s,\u201d after \u201cMinister\u201d, where \u201cMinister\u201d firstly occurs in that subsection, and<\/p>\n<p>(b) in section 4(1), by substituting the following for paragraph (a):<\/p>\n<p>\u201c(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;\u201d.<\/p>\n<p>PART 4<\/p>\n<p>Miscellaneous<\/p>\n<p>Amendment of Higher Education Authority Act 1971.<\/p>\n<p>52.\u2014 The Higher Education Authority Act 1971 is amended\u2014<\/p>\n<p>(a) in section 1(1), by substituting the following definition for the definition of \u201cinstitution of higher education\u201d:<\/p>\n<p>\u201c \u2018 institution of higher education \u2019 means any of the following:<\/p>\n<p>(a) a university,<\/p>\n<p>(b) a college of a university,<\/p>\n<p>(c) a college to which the Institutes of Technology Acts 1992 to 2006 apply,<\/p>\n<p>(d) Dublin Institute of Technology,<\/p>\n<p>(e) Royal College of Surgeons in Ireland,<\/p>\n<p>(f) National College of Art and Design,<\/p>\n<p>(g) Royal Irish Academy,<\/p>\n<p>(h) such educational institutions as may be designated by order under section 5;\u201d,<\/p>\n<p>(b) in section 3\u2014<\/p>\n<p>(i) in paragraph (e), by substituting \u201ceducation,\u201d for \u201ceducation.\u201d, and<\/p>\n<p>(ii) by adding after paragraph (e) the following:<\/p>\n<p>\u201c(f) promoting the attainment and maintenance of excellence in learning, teaching and research in higher education.\u201d,<\/p>\n<p>(c) by inserting after section 3 the following:<\/p>\n<p>\u201cDirections of Minister.<\/p>\n<p>3A.\u2014 (1) The Minister may, from time to time, issue policy directions to An t\u00dadar\u00e1s 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.<\/p>\n<p>(2) The Minister may by direction in writing amend or revoke a direction under this section (including a direction under this subsection).\u201d,<\/p>\n<p>(d) by substituting for section 4 the following:<\/p>\n<p>\u201cGeneral duty with respect to national aims.<\/p>\n<p>4.\u2014 In performing its functions, An t\u00dadar\u00e1s 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.\u201d,<\/p>\n<p>(e) by substituting for section 5 the following:<\/p>\n<p>\u201c<\/p>\n<h4>Designation of institutions of higher education.<\/h4>\n<p>5.\u2014 (1) The Minister may, at any time, appoint a body, the membership of which shall be recommended by An t\u00dadar\u00e1s and shall include international experts and national experts, including employees of institutions of higher education to which this Act applies, to advise An t\u00dadar\u00e1s 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.<\/p>\n<p>(2) On the advice of the body and the recommendation of An t\u00dadar\u00e1s, 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.<\/p>\n<p>(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.\u201d,<\/p>\n<p>(f) by inserting after section 12 the following:<\/p>\n<p>\u201c<\/p>\n<h4>Payments for persons providing support services.<\/h4>\n<p>12A.\u2014 (1) An t\u00dadar\u00e1s may make payments to a person providing support services for the purpose of enabling or assisting that person to provide such services.<\/p>\n<p>(2) Any such payment shall be made in such manner and subject to such conditions as An t\u00dadar\u00e1s thinks fit.<\/p>\n<p>(3) For the purposes of this section \u2018a person providing support services\u2019 means a body whose objects include the promotion, development or support of higher education and which the Minister, following consultation with An t\u00dadar\u00e1s, designates as a body to whom this section applies.\u201d,<\/p>\n<p>and<\/p>\n<p>(g) in the Schedule\u2014<\/p>\n<p>(i) by substituting for subparagraph (2) of paragraph 4 the following:<\/p>\n<p>\u201c(2) An ordinary member of An t\u00dadar\u00e1s 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.\u201d,<\/p>\n<p>and<\/p>\n<p>(ii) by inserting after paragraph 23 the following:<\/p>\n<p>\u201c24. The ordinary members of An t\u00dadar\u00e1s 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 t\u00dadar\u00e1s.\u201d.<\/p>\n<h4>Amendment of Universities Act 1997.<\/h4>\n<p>53.\u2014 The Universities Act 1997 is amended\u2014<\/p>\n<p>(a) in section 24\u2014<\/p>\n<p>(i) in subsection (1), by deleting \u201c, and the person so appointed shall be the accounting officer for the university\u201d, and<\/p>\n<p>(ii) by deleting subsection (2), and<\/p>\n<p>(b) in the Fourth Schedule, by adding after paragraph 7 the following:<\/p>\n<p>\u201c8. A chief officer shall, whenever required to do so by the Committee of D\u00e1il \u00c9ireann established under the Standing Orders of D\u00e1il \u00c9ireann to examine and report to D\u00e1il \u00c9ireann on the appropriation accounts and reports of the Comptroller and Auditor General, give evidence to that Committee on\u2014<\/p>\n<p>(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 university is required by this Act to prepare,<\/p>\n<p>(b) the economy and efficiency of the university in the use of its resources,<\/p>\n<p>(c) the systems, procedures and practices employed by the university for the purpose of evaluating the effectiveness of its operations, and<\/p>\n<p>(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 D\u00e1il \u00c9ireann.<\/p>\n<p>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.<\/p>\n<p>10. From time to time and whenever so requested, a chief officer shall account for the performance of the university\u2019s 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.\u201d.<\/p>\n<p>Amendment of Qualifications (Education and Training) Act 1999.<\/p>\n<p>54.\u2014 The Qualifications (Education and Training) Act 1999 is amended\u2014<\/p>\n<p>(a) by deleting subsection (5) of section 50, and<\/p>\n<p>(b) in the Second Schedule, by adding after paragraph 5 the following:<\/p>\n<p>\u201c6. The chief executive of a relevant body shall, whenever required to do so by the Committee of D\u00e1il \u00c9ireann established under the Standing Orders of D\u00e1il \u00c9ireann to examine and report to D\u00e1il \u00c9ireann on the appropriation accounts and reports of the Comptroller and Auditor General, give evidence to that Committee on\u2014<\/p>\n<p>(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 relevant body is required by this Act to prepare,<\/p>\n<p>(b) the economy and efficiency of the relevant body in the use of its resources,<\/p>\n<p>(c) the systems, procedures and practices employed by the relevant body for the purpose of evaluating the effectiveness of its operations, and<\/p>\n<p>(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 D\u00e1il \u00c9ireann.<\/p>\n<p>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.<\/p>\n<p>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\u2019s 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.\u201d.<\/p>\n<p>Repeal of sections 19, 37 and 38 of Vocational Education (Amendment) Act 2001.<\/p>\n<p>55.\u2014 Sections 19, 37 and 38 of the Vocational Education (Amendment) Act 2001 are repealed.<\/p>\n<h2>NATIONAL COLLEGE OF ART AND DESIGN ACT 1971<\/h2>\n<p>REVISED<\/p>\n<p>Updated to 10 November 2022<\/p>\n<p>AN ACT TO ESTABLISH A BOARD TO BE KNOWN AS BORD AN CHOLAISTE NAISIUNTA EALAINE IS DEARTHA, TO DEFINE ITS POWERS AND DUTIES AND TO PROVIDE FOR RELATED MATTERS. [1st December, 1971.]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:<\/p>\n<p>Annotations<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C1<br \/>\nFunctions 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(1)(a), (2), and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.<\/p>\n<p>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.<\/p>\n<p>(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.<\/p>\n<p>3. (1) The functions vested in the Minister for Education and Skills &#8211;<\/p>\n<p>(a) by or under the Acts specified in Part 1 of the Schedule, and<\/p>\n<p>&#8230;<\/p>\n<p>are transferred to the Minister for Further and Higher Education, Research, Innovation and Science.<\/p>\n<p>(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.<\/p>\n<p>SCHEDULE<\/p>\n<p>Article 3<\/p>\n<p>Part 1<\/p>\n<p>&#8230;<\/p>\n<p>National College of Art and Design Act 1971 (No. 28 of 1971)<\/p>\n<p>&#8230;<\/p>\n<p>Section 1<\/p>\n<h4>Interpretation.<\/h4>\n<p>1.\u2014(1) In this Act, save where the context otherwise requires\u2014<\/p>\n<p>F1[&#8220;academic council&#8221;, in relation to the College, means the academic council of the College under section 20A;]<\/p>\n<p>\u201cAn Bord\u201d has the meaning specified in section 4 (1) of this Act; \u201cthe College\u201d has the meaning specified in section 2 of this Act;<\/p>\n<p>F1[&#8220;An t\u00dadar\u00e1s&#8221; means An t\u00dadar\u00e1s um Ard-Oideachas;]<\/p>\n<p>\u201cthe Commissioners\u201d means the Commissioners of Public Works in Ireland; \u201cthe Director\u201d has the meaning specified in section 17 of this Act;<\/p>\n<p>\u201cthe establishment day\u201d means the day appointed to be the establishment day for the purposes of this Act by order of the Minister under section 3 of this Act;<\/p>\n<p>\u201cfunctions\u201d includes powers and duties;<\/p>\n<p>\u201cthe Minister\u201d means the Minister for Education;<\/p>\n<p>F2[&#8220;student of the College&#8221; means a person registered as a student by the College or a person who is a full-time officer of the student union of the College who was elected to his or her office while he or she was registered as a student by the College;]<\/p>\n<p>F1[&#8220;student union of the College&#8221; means the student union or other student representative body recognised by the College.]<\/p>\n<p>(2) A reference in this Act to performance of functions includes, with respect to powers, a reference to exercise of powers.<\/p>\n<p>(3) A reference in this Act to an officer of An Bord includes a reference to a member of the academic staff of the College.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F1<br \/>\nInserted (10.11.2022) by Higher Education Authority Act 2022 (31\/2022), s. 117(b), S.I. No. 554 of 2022.<\/p>\n<p>F2<br \/>\nSubstituted (10.11.2022) by Higher Education Authority Act 2022 (31\/2022), s. 117(a), S.I. No. 554 of 2022.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C2<br \/>\nFunctions transferred and reference to Minister 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(1)(a), (2), and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.<\/p>\n<p>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.<\/p>\n<p>(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.<\/p>\n<p>3. (1) The functions vested in the Minister for Education and Skills &#8211;<\/p>\n<p>(a) by or under the Acts specified in Part 1 of the Schedule, and<\/p>\n<p>&#8230;<\/p>\n<p>are transferred to the Minister for Further and Higher Education, Research, Innovation and Science.<\/p>\n<p>(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.<\/p>\n<p>SCHEDULE<\/p>\n<p>Article 3<\/p>\n<p>Part 1<\/p>\n<p>&#8230;<\/p>\n<p>National College of Art and Design Act 1971 (No. 28 of 1971)<\/p>\n<p>&#8230;<\/p>\n<p>Section 2<\/p>\n<h4>The College.<\/h4>\n<p>2.\u2014(1) In this Act \u201cthe College\u201d means the college of art, crafts and design known as the National College of Art and situate at Kildare Street, Dublin.<\/p>\n<p>(2) As on and from the establishment day, the College shall be known as An Col\u00e1iste N\u00e1isi\u00fanta Eala\u00edne is Deartha.<\/p>\n<p>Section 3<br \/>\nAppointment of establishment day.<\/p>\n<p>3.\u2014The Minister may by order appoint a day to be the establishment day for the purposes of this Act.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E1<br \/>\nPower pursuant to section exercised (1.05.1972) by National College of Art and Design Act 1971 (Establishment Day) Order 1972 (S.I. No. 108 of 1972).<\/p>\n<p>Section 4<\/p>\n<h4>Establishment of An Bord.<\/h4>\n<p>4.\u2014(1) There shall, by virtue of this section, be established on the establishment day a board to be known as Bord an Chol\u00e1iste N\u00e1isi\u00fanta Eala\u00edne is Deartha to perform the functions given to it by this Act (in this Act referred to as An Bord).<\/p>\n<p>(2) An Bord shall be a body corporate with perpetual succession and power to sue and be sued in its corporate name and F3[may, with the consent of the Minister, acquire, hold and dispose of land, an interest in land or other property].<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F3<br \/>\nSubstituted (10.11.2022) by Higher Education Authority Act 2022 (31\/2022), s. 118, S.I. No. 554 of 2022.<\/p>\n<p>Section 5<\/p>\n<h4>Functions of An Bord generally.<\/h4>\n<p>5.\u2014(1) On and from the establishment day, An Bord shall carry out the management of the College and the organisation and administration of its affairs, and shall have all such powers as are necessary for or incidental to those purposes.<\/p>\n<p>(2) In particular, and without prejudice to the generality of subsection (1) of this section, An Bord shall have the general functions of\u2014<\/p>\n<p>(a) establishing and carrying on schemes of education of such scope and extent as it may determine in art, crafts and design,<\/p>\n<p>(b) providing courses for the training of persons as teachers of art,<\/p>\n<p>(c) providing courses and lectures for the further training of teachers of art as such teachers,<\/p>\n<p>(d) providing, if it so thinks fit, lectures on art, crafts and design for the public by members of its academic staff and other persons whom it considers suitably qualified for the purpose,<\/p>\n<p>(e) establishing and carrying on schemes (on which the amount of the expenditure by An Bord shall have been approved of by the Minister) for the giving of scholarships, bursaries, prizes and other awards in relation to art, crafts and design,<\/p>\n<p>(f) holding exhibitions of art and crafts of students of the College, exhibitions of art and crafts and exhibitions devoted to any other subject matter relevant to the activities of the College,<\/p>\n<p>(g) defraying the reasonable and necessary expenses incurred by members of its academic staff in attending, with the consent of An Bord, courses of instruction, seminars, lectures, conferences and exhibitions relevant to their duties as such members,<\/p>\n<p>(h) defraying the reasonable and necessary expenses incurred by members of An Bord in attending conferences and exhibitions relevant to their duties as such members and in visiting other colleges and institutions of or concerned with art, crafts or design,<\/p>\n<p>(i) providing courses of study in art, crafts and design\u2014<\/p>\n<p>(i) that are approved by any body established by the Minister or by Act of the Oireachtas after the passing of this Act for the purpose of granting degrees, diplomas and other similar educational awards, and<\/p>\n<p>(ii) that lead to the grant of such degrees, diplomas or similar educational awards by that body,<\/p>\n<p>(j) subscribing to associations and institutions of or concerned with art, crafts or design.<\/p>\n<p>F4[(2A) An Bord shall\u2014<\/p>\n<p>(a) promote the success (including academic success) and reputation of the College,<\/p>\n<p>(b) satisfy itself that appropriate systems, procedures and practices are in place\u2014<\/p>\n<p>(i) for the internal performance management and accountability of the College in respect of\u2014<\/p>\n<p>(I) the performance of its functions, and<\/p>\n<p>(II) the achievement of the objectives in the strategic development plan under section 20C,<\/p>\n<p>and<\/p>\n<p>(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,<\/p>\n<p>and<\/p>\n<p>(c) establish and implement arrangements for the management of the performance of the Director.]<\/p>\n<p>F4[(2B) Without prejudice to the generality of subsections (1), (2) and (2A), An Bord shall perform the following functions with regard to the College:<\/p>\n<p>(a) approve expenditure for major capital and investment projects;<\/p>\n<p>(b) approve annual financial statements;<\/p>\n<p>(c) provide for and maintain a system of audit;<\/p>\n<p>(d) provide for and maintain a system of risk management;<\/p>\n<p>(e) provide for and maintain a system of quality assurance;<\/p>\n<p>(f) review and oversee the implementation of major plans of action and provide strategic direction;<\/p>\n<p>(g) delegate such functions as may be appropriate to the Director;<\/p>\n<p>(h) manage the financial affairs of the College to ensure value for money and its financial viability;<\/p>\n<p>(i) account to An t\u00dadar\u00e1s for funding provided to the College by An t\u00dadar\u00e1s.]<\/p>\n<p>(3) (a) An Bord shall have such other functions as may be assigned to it from time to time by the Minister by order.<\/p>\n<p>(b) The Minister may by order, amend or revoke an order under this subsection, including an order under this paragraph.<\/p>\n<p>(c) Every order under this subsection shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done under the order.<\/p>\n<p>F4[(3A) An Bord shall, in the performance of its functions, have regard to policies of the Government (including policies relating to education and training or remuneration of staff employed in the education sector) for the time being.]<\/p>\n<p>F4[(3B) (a) For the purposes of the performance of its functions, An Bord shall establish procedures relating to resolution of disputes.<\/p>\n<p>(b) Procedures established under paragraph (a) shall\u2014<\/p>\n<p>(i) be established following consultation with each trade union and staff association recognised by An Bord and with the student union,<\/p>\n<p>(ii) provide for consideration of a dispute by a person who is independent of the persons involved in the dispute, and<\/p>\n<p>(iii) be published in such manner as An Bord considers appropriate.]<\/p>\n<p>F4[(3C) An Bord may delegate any of the functions that, in its opinion, can be better or more conveniently performed by the academic council to the academic council.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F4<br \/>\nInserted (10.11.2022) by Higher Education Authority Act 2022 (31\/2022), s. 119(a), (b), S.I. No. 554 of 2022.<\/p>\n<p>Section<br \/>\nF5[<\/p>\n<h4>Academic freedom<\/h4>\n<p>5A.\u2014(1) An Bord, in performing its functions, shall\u2014<\/p>\n<p>(a) have the right and responsibility to preserve and promote the principles of academic freedom in the conduct of its internal and external affairs, and<\/p>\n<p>(b) without prejudice to the generality of paragraph (a), be entitled to regulate its affairs in accordance with its independent ethos and the principles of academic freedom, and in doing so shall have regard to\u2014<\/p>\n<p>(i) the promotion and preservation of equality of opportunity and access to higher education,<\/p>\n<p>(ii) resources, wherever originating, that are available to An Bord for the purpose of performing its functions, and<\/p>\n<p>(iii) the need to secure the most beneficial, effective and efficient use of those resources.<\/p>\n<p>(2) A member of the academic staff of the College shall not, subject to the provisions of any enactment or rule of law, be disadvantaged, or subject to less favourable treatment by An Bord, arising from his or her questioning and testing received wisdom, putting forward new ideas or stating controversial or unpopular opinions in his or her teaching, research and any other activities either in or outside of the College.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F5<br \/>\nInserted (10.11.2022) by Higher Education Authority Act 2022 (31\/2022), s. 120, S.I. No. 554 of 2022.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E2<br \/>\nThe section heading is taken from the amending section in absence of one included in the amendment.<\/p>\n<p>Section 6<\/p>\n<h4>Members of An Bord.<\/h4>\n<p>6.\u2014(1) The members of An Bord shall be a chairman and such number (not being less than eight nor more than ten) of other members, of whom one shall be the Director, as the Minister may from time to time determine.<\/p>\n<p>(2) (a) The chairman of An Bord shall be appointed from time to time as occasion requires by the Minister and may, if An Bord so requests and the Minister thinks fit to do so, be removed from the office of chairman by the Minister.<\/p>\n<p>(b) The chairman of An Bord shall be nominated for appointment as chairman by An Bord from among the members of An Bord other than the Director and the members nominated for appointment to An Bord under subsection (6) or (7).<\/p>\n<p>(c) The chairman of An Bord shall, unless he sooner dies, resigns the office of chairman or ceases to be chairman under paragraph (d) of this subsection, hold office until the expiration of his term of office as a member of An Bord.<\/p>\n<p>(d) Where the chairman of An Bord ceases during his term of office as chairman to be a member of An Bord, he shall also then cease to be chairman of An Bord.<\/p>\n<p>(3) The chairman of An Bord may resign his office as chairman by letter addressed to the Minister and the resignation shall take effect when the letter is received.<\/p>\n<p>(4) Subject to the provisions of this Act, the chairman of An Bord shall hold office as chairman on such terms as the Minister determines when appointing him.<\/p>\n<p>(5) A member of An Bord shall be appointed by the Minister and may be removed from office by the Minister.<\/p>\n<p>(6) Two members of An Bord shall be members of the academic staff of the College and shall be nominated for appointment to An Bord by the members of the academic staff of the College in such manner as may be approved by the Minister from time to time.<\/p>\n<p>(7) (a) Two members of An Bord shall be students of the College and shall be nominated for appointment to An Bord by the students of the College in such manner as may be approved by the Minister from time to time.<\/p>\n<p>(b) The first appointments under this subsection shall be made as soon as reasonably may be after the establishment day, but An Bord may act before such appointments are made.<\/p>\n<p>(8) A member of An Bord may resign his office as such member by letter addressed to the Minister and the resignation shall take effect when the letter is received.<\/p>\n<p>(9) Subject to the provisions of this Act, the members of An Bord shall hold office on such terms as the Minister determines when appointing them.<\/p>\n<p>(10) (a) A casual vacancy occurring among the members of An Bord shall be filled by appointment by the Minister and, where the vacancy occurs among the members nominated under subsection (6) or (7) of this section, the appointment shall be of a person nominated under the said subsection (6) or (7), as the case may be.<\/p>\n<p>(b) A member of An Bord appointed under this subsection shall hold office for the remainder of his predecessor&#8217;s term.<\/p>\n<p>Section 7<\/p>\n<h4>Term of office of members of An Bord.<\/h4>\n<p>7.\u2014F6[(1) The term of office of a member of An Bord, other than the Director, shall be four years.]<\/p>\n<p>(2) The term of office of the member of An Bord who is the director shall continue until, but only until, he ceases to hold office as Director.<\/p>\n<p>(3) A member of An Bord who is nominated for appointment to An Bord under subsection (6) or (7) of section 6 of this Act shall cease to hold office as such member when he ceases to be a member of the academic staff of the College or a student, as the case may be.<\/p>\n<p>F6[(4) A member of An Bord, other than the Director, shall not serve more than two successive terms as such a member and, for that purpose, the remainder of a term under subsection (10) of section 6 shall be regarded as a term.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F6<br \/>\nSubstituted (10.11.2022) by Higher Education Authority Act 2022 (31\/2022), s. 121(a), (b), S.I. No. 554 of 2022.<\/p>\n<p>Section 8<br \/>\nMembership of either House of Oireachtas by member of An Bord.<\/p>\n<p>8.\u2014(1) Where a member of An Bord is nominated either as a candidate for election to either House of the Qireachtas or as a member of Seanad \u00c9ireann, he shall thereupon cease to be a member of An Bord.<\/p>\n<p>(2) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein shall, while so entitled, be disqualified from becoming a member of An Bord.<\/p>\n<p>Section 9<\/p>\n<h4>Disclosure by member of An Bord of interest in proposed contract or appointment.<\/h4>\n<p>9.\u2014(1) A member of An Bord who has\u2014<\/p>\n<p>(a) any interest in any company or concern with which An Bord proposes to make any contract, or<\/p>\n<p>(b) any interest in any contract which An Bord proposes to make,<\/p>\n<p>shall disclose to An Bord the fact of the interest and the nature thereof and shall take no part in any deliberation or decision of An Bord relating to the contract, and the disclosure shall be recorded in the minutes of An Bord.<\/p>\n<p>(2) A member of An Bord who is related to a person who is a candidate for appointment by An Bord as an officer or servant of An Bord shall disclose to An Bord the fact of the relationship and the nature thereof and shall, if An Bord so decide, take no part in any deliberation or decision of An Bord relating to the appointment, and the disclosure and decision shall be recorded in the minutes of An Bord.<\/p>\n<p>Section 10<br \/>\nAllowance for expenses.<\/p>\n<p>10.\u2014A member of An Bord shall be paid, out of the funds at the disposal of An Bord, F7[such remuneration (if any) and such allowances for expenses (if any)] as the Minister, with the approval of the Minister for Finance, may determine.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F7<br \/>\nSubstituted (10.11.2022) by Higher Education Authority Act 2022 (31\/2022), s. 122, S.I. No. 554 of 2022.<\/p>\n<p>Section 11<br \/>\nDisqualification of member of An Bord.<\/p>\n<p>11.\u2014A member of An Bord shall be disqualified from holding and shall cease to hold office as such member if he is adjudged bankrupt, or makes a composition or arrangement with creditors, or is sentenced by a court of competent jurisdiction to suffer imprisonment or penal servitude.<\/p>\n<p>Section 12<br \/>\nSeal of An Bord.<\/p>\n<p>12.\u2014(1) An Bord shall as soon as may be after its establishment provide itself with a seal.<\/p>\n<p>(2) The seal of An Bord shall be authenticated by the signature of the chairman of An Bord or some other member thereof authorised by An Bord to act in that behalf and the signature of an officer of An Bord authorised by An Bord to act in that behalf.<\/p>\n<p>(3) Judicial notice shall be taken of the seal of An Bord and every document purporting to be an instrument made by An Bord and to be sealed with the seal (purporting to be authenticated in accordance with this section) of An Bord shall be received in evidence and be deemed to be such instrument without further proof unless the contrary is shown.<\/p>\n<p>Section 13<\/p>\n<h4>Meetings and procedure of An Bord\u00b7<\/h4>\n<p>13.\u2014(1) An Bord shall hold such and so many meetings as may be necessary for the due fulfilment of its functions F8[and shall hold not less than four meetings in any 12 month period].<\/p>\n<p>(2) The Minister shall fix the date, time and place of the first meeting of An Bord.<\/p>\n<p>(3) The quorum for a meeting of An Bord shall be five.<\/p>\n<p>(4) At a meeting of An Bord\u2014<\/p>\n<p>(a) The chairman of An Bord shall, if present, be chairman of the meeting;<\/p>\n<p>(b) if and so long as the chairman of An Bord is not present or if the office of chairman is vacant, the members of An Bord who are present shall choose one of their number to be chairman of the meeting.<\/p>\n<p>(5) Every question at a meeting of An Bord shall be determined by a majority of the votes of the 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.<\/p>\n<p>(6) An Bord may act notwithstanding one or more vacancies among its members.<\/p>\n<p>(7) Subject to the provisions of this Act, An Bord shall regulate, by standing orders or otherwise, the procedure and business of An Bord.<\/p>\n<p>F8[(8) Subject to the provisions of this Act, An Bord may make, amend or revoke rules (in this Act called &#8220;regulations of An Bord&#8221;) as it thinks fit for the conduct of the procedures and business of An Bord.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F8<br \/>\nInserted (10.11.2022) by Higher Education Authority Act 2022 (31\/2022), s. 123(a), (b), S.I. No. 554 of 2022.<\/p>\n<p>Section 14<\/p>\n<h4>Grants to An Bord.<\/h4>\n<p>14.\u2014(1) There may, subject to such conditions, if any, as the Minister thinks proper, be paid to An Bord in each financial year out of moneys provided by the Oireachtas a grant or grants of such amount or amounts as the Minister, with the consent of the Minister for Finance and after consultation with An Bord in relation to its programme of expenditure for that year, may fix.<\/p>\n<p>(2) An Bord shall submit to the Minister an estimate of its financial requirements for every financial year.<\/p>\n<p>F9[(3) Whenever and for so long as the College is a designated institution of higher education within the meaning of the Higher Education Authority Act 2022, this section and section 16(2) shall cease to have effect.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F9<br \/>\nSubstituted (10.11.2022) by Higher Education Authority Act 2022 (31\/2022), s. 145 and sch. 4, S.I. No. 554 of 2022, art. 2(k).<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C3<br \/>\nFunctions transferred and references construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.<\/p>\n<p>2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.<\/p>\n<p>(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.<\/p>\n<p>3. The functions conferred on the Minister for Finance by or under the provisions of \u2014<\/p>\n<p>(a) the enactments specified in Schedule 1, and<\/p>\n<p>&#8230;<\/p>\n<p>are transferred to the Minister for Public Expenditure and Reform.<\/p>\n<p>&#8230;<\/p>\n<p>5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.<\/p>\n<p>&#8230;<\/p>\n<p>Schedule 1<\/p>\n<p>Enactments<\/p>\n<p>&#8230;<\/p>\n<p>Part 2<\/p>\n<p>1922 to 2011 Enactments<\/p>\n<p>Number and Year<\/p>\n<p>Short Title<\/p>\n<p>Provision<\/p>\n<p>(1)<\/p>\n<p>(2)<\/p>\n<p>(3)<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>No. 28 of 1971<\/p>\n<p>National College of Art and Design Act 1971<\/p>\n<p>Sections 14 and 15<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>Section 15<\/p>\n<h4>Accounts and audits.<\/h4>\n<p>15.\u2014(1) An Bord shall keep, in such form as may be approved by the Minister, with the consent of the Minister for Finance, all proper and usual accounts of all moneys received or expended by it and, in particular, shall keep in such form as aforesaid all such special accounts and records as the Minister may from time to time determine.<\/p>\n<p>F10[(2) (a) Accounts kept in pursuance of this section shall be submitted annually to the Comptroller and Auditor General for audit and, immediately after such audit, a copy of the income and expenditure account and of the balance sheet and of such other, if any, of the accounts as the Minister, after consultation with the Minister for Public Expenditure and Reform, may direct and a copy of the Comptroller and Auditor General\u2019s Report on the accounts shall be presented to the Minister and An t\u00dadar\u00e1s.<\/p>\n<p>(b) The Minister shall cause copies of the accounts and the Report referred to in paragraph (a) to be laid before each House of the Oireachtas.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F10<br \/>\nSubstituted (10.11.2022) by Higher Education Authority Act 2022 (31\/2022), s. 124, S.I. No. 554 of 2022.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C4<br \/>\nFunctions transferred and references construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.<\/p>\n<p>2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.<\/p>\n<p>(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.<\/p>\n<p>3. The functions conferred on the Minister for Finance by or under the provisions of \u2014<\/p>\n<p>(a) the enactments specified in Schedule 1, and<\/p>\n<p>&#8230;<\/p>\n<p>are transferred to the Minister for Public Expenditure and Reform.<\/p>\n<p>&#8230;<\/p>\n<p>5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.<\/p>\n<p>&#8230;<\/p>\n<p>Schedule 1<\/p>\n<p>Enactments<\/p>\n<p>&#8230;<\/p>\n<p>Part 2<\/p>\n<p>1922 to 2011 Enactments<\/p>\n<p>Number and Year<\/p>\n<p>Short Title<\/p>\n<p>Provision<\/p>\n<p>(1)<\/p>\n<p>(2)<\/p>\n<p>(3)<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>No. 28 of 1971<\/p>\n<p>National College of Art and Design Act 1971<\/p>\n<p>Sections 14 and 15<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>Section<br \/>\nF11[Investigator and report<\/p>\n<p>15A.\u2014F12[\u2026]]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F11<br \/>\nInserted (24.04.2018) by Technological Universities Act 2018 (3\/2018), s. 100, S.I. No. 124 of 2018.<\/p>\n<p>F12<br \/>\nRepealed (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.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E3<br \/>\nThe section heading is taken from the amending section in absence of one included in the amendment.<\/p>\n<p>Section 16<\/p>\n<h4>Annual report and information to Minister.<\/h4>\n<p>16.\u2014(1) An Bord shall make a report to the Minister annually of its proceedings under this Act during the previous academic year of the College and the Minister shall cause a copy of the report to be laid before each House of the Oireachtas.<\/p>\n<p>(2) An Bord shall supply the Minister with such information regarding the performance of its functions as the Minister may from time to time require.<\/p>\n<p>F13[(3) F14[\u2026]]<\/p>\n<p>F13[(4) F14[\u2026]]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F13<br \/>\nInserted (24.04.2018) by Technological Universities Act 2018 (3\/2018), s. 101(a), (b), S.I. No. 124 of 2018.<\/p>\n<p>F14<br \/>\nRepealed (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.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C5<br \/>\nApplication of subs. (2) restricted by s. 14(3) above, as inserted (10.11.2022) by Higher Education Authority Act 2022 (31\/2022), s. 145 and sch. 4, S.I. No. 554 of 2022.<\/p>\n<p>16.\u2014 &#8230;<\/p>\n<p>[(3) Whenever and for so long as the College is a designated institution of higher education within the meaning of the Higher Education Authority Act 2022, this section and section 16(2) shall cease to have effect]<\/p>\n<p>Section<br \/>\nF15[<\/p>\n<h4>Review of matter and report by An Bord<\/h4>\n<p>16A.\u2014(1) If An Bord has concerns regarding a matter relating to the governance of the College, or the performance of the functions of An Bord, it shall arrange for a review of the matter to be undertaken.<\/p>\n<p>(2) An Bord may appoint such person as it considers appropriate (in this section referred to as a &#8220;reviewer&#8221;) to carry out a review of the matter concerned.<\/p>\n<p>(3) A reviewer may request such information and assistance as he or she may require for the purposes of the review from An Bord, the Director, the Registrar and the officers and servants of An Bord and An Bord, the Director, the Registrar and the officers and servants of An Bord shall comply with any such request.<\/p>\n<p>(4) A reviewer shall review the matter concerned and shall prepare a report of the outcome of the review and any recommendation arising therefrom and shall provide a copy of the report to An Bord, the Director and the Registrar.<\/p>\n<p>(5) An Bord 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.<\/p>\n<p>(6) An Bord shall retain a copy of a report of the outcome of any review undertaken under subsection (1) and shall provide a report to An t\u00dadar\u00e1s annually or, more frequently, if so requested by An t\u00dadar\u00e1s on the outcome of any review undertaken by An Bord under that subsection, including any measures taken under subsection (5).]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F15<br \/>\nInserted (10.11.2022) by Higher Education Authority Act 2022 (31\/2022), s. 125, S.I. No. 554 of 2022.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E4<br \/>\nThe section heading is taken from the amending section in absence of one included in the amendment.<\/p>\n<p>Section 17<\/p>\n<h4>The Director and Registrar and officers and servants.<\/h4>\n<p>17.\u2014(I) There shall be a director of the College (who shall be known as the Director of an Col\u00e1iste N\u00e1isi\u00fanta Eala\u00edne is Deartha and is in this Act referred to as the Director) and a registrar of the College (who shall be known as the Registrar of an Col\u00e1iste N\u00e1isi\u00fanta Eala\u00edne is Deartha and is in this Act referred to as the Registrar).<\/p>\n<p>F16[(2) The Director shall be the chief officer of An Bord and the provisions of the Schedule shall apply to the Director.]<\/p>\n<p>F16[(3) The Registrar shall act as registrar and secretary of the College.]<\/p>\n<p>(4) The Director and the Registrar shall be appointed by An Bord and shall hold office subject to such terms and conditions (including conditions of remuneration) as may be determined by An Bord, with the approval of the Minister and with the consent of the Minister for Finance, when appointing them.<\/p>\n<p>(5) Subject to subsection (6) of this section An Bord may appoint such other officers and servants as it shall from time to time think necessary for the due performance of its functions.<\/p>\n<p>(6) The numbers, grades, qualifications, tenure of office and remuneration of the officers of An Bord shall be subject to the approval of the Minister with the consent of the Minister for Finance.<\/p>\n<p>(7) An officer or servant of An Bord shall hold his office or employment on such terms and conditions as An Bord may from time to time, with the approval of the Minister and the consent of the Minister for Finance, determine.<\/p>\n<p>(8) The procedure for the selection of persons for appointment as whole-time officers of An Bord shall be determined by An Bord with the approval of the Minister.<\/p>\n<p>(9) An Bord may remove or suspend from office or employment any of its officers or servants.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F16<br \/>\nSubstituted (10.11.2022) by Higher Education Authority Act 2022 (31\/2022), s. 126(a), (b), S.I. No. 554 of 2022.<\/p>\n<p>Section 18<br \/>\nPerformance of functions of An Bord by officers and servants.<\/p>\n<p>18.\u2014An Bord may perform any of its functions through or by any of its officers and servants duly authorised by An Bord in that behalf.<\/p>\n<p>Section 19<br \/>\nMembership of either House of Oireachtas by officer or servant of An Bord.<\/p>\n<p>19.\u2014(1) Where a person, who is either an officer or a servant in the employment of An Bord, becomes a member of either House of the Oireachtas\u2014<\/p>\n<p>(a) he shall during the period (in this section referred to as the secondment period) commencing upon his becoming entitled under the Standing Orders of that House to sit therein and ending either when he ceases to be a member of that House, or, if it should sooner happen, upon his resignation or retirement from such employment or upon the termination of such employment by An Bord, stand seconded from such employment;<\/p>\n<p>(b) he shall not be paid by, or entitled to receive from, An Bord any remuneration in respect of the secondment period.<\/p>\n<p>(2) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein shall, while so entitled, be disqualified from becoming an officer or servant of An Bord.<\/p>\n<p>Section 20<br \/>\nSuperannuation of officers and servants of An Bord.<\/p>\n<p>20.\u2014(1) As soon as may conveniently be after the establishment day An Bord shall prepare and submit to the Minister a contributory scheme or contributory schemes for the granting of pensions, gratuities and other allowances on retirement to or in respect of its wholetime officers and servants.<\/p>\n<p>(2) Every such scheme shall fix the time and conditions of retirement for all persons to or in respect of whom pensions, gratuities or allowances on retirement are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.<\/p>\n<p>(3) An Bord may at any time prepare and submit to the Minister a scheme amending a scheme previously submitted and approved under this section.<\/p>\n<p>(4) A scheme submitted to the Minister under this section shall, if approved of by the Minister with the concurrence of the Minister for Finance, be carried out by An Bord in accordance with its terms.<\/p>\n<p>(5) If any dispute arises as to the claim of any person to, or the amount of, any pension, gratuity or allowance payable in pursuance of a scheme under this section, such dispute shall be submitted to the Minister, who shall refer it to the Minister for Finance, whose decision shall be final.<\/p>\n<p>(6) Every scheme submitted and approved of under this section shall be laid before each House of the Oireachtas as soon as may be after it is approved of and if either House, within the next twenty-one days on which that House has sat after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.<\/p>\n<p>Section<br \/>\nF17[Academic council of College<\/p>\n<p>20A.\u2014(1) The College shall have an academic council.<\/p>\n<p>(2) Subject to this section, An Bord shall make regulations which shall provide, in relation to the academic council, for\u2014<\/p>\n<p>(a) the number of members,<\/p>\n<p>(b) procedures for selection and appointment of members,<\/p>\n<p>(c) term of office of members,<\/p>\n<p>(d) eligibility for re-appointment of members, and<\/p>\n<p>(e) the number of consecutive periods for which members may hold office.<\/p>\n<p>(3) Without prejudice to the generality of subsection (2)\u2014<\/p>\n<p>(a) the majority of members of the academic council shall be members of the academic staff of the College,<\/p>\n<p>(b) the regulations of An Bord under subsection (2) shall provide for the following persons to be members referred to in paragraph (a)\u2014<\/p>\n<p>(i) the senior member of staff having responsibility to the Director for each academic discipline, school or department as An Bord determines,<\/p>\n<p>(ii) members from what, in the opinion of An Bord, is an appropriate range of levels of other academic staff from an appropriate range of academic disciplines, and<\/p>\n<p>(iii) an appropriate number of students,<\/p>\n<p>and<\/p>\n<p>(c) in making regulations under subsection (2), An Bord shall have regard to the objective that at least 40 per cent of members of the academic council shall be women and at least 40 per cent of them shall be men.<\/p>\n<p>(4) The Director shall be\u2014<\/p>\n<p>(a) an ex officio member of the academic council, and<\/p>\n<p>(b) 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.<\/p>\n<p>(5) The academic council shall hold such and so many meetings as may be necessary for the performance of its functions under this Act and, subject to any regulations of An Bord as relate to the academic council, may regulate its own procedure.<\/p>\n<p>(6) The academic council may establish such and so many committees as it considers necessary to assist it in the performance of its functions under this Act.<\/p>\n<p>(7) Persons who are members of the academic council or other members of the staff of the College may be members of a committee established under subsection (6).]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F17<br \/>\nInserted (10.11.2022) by Higher Education Authority Act 2022 (31\/2022), s. 127, S.I. No. 554 of 2022.<\/p>\n<p>Section<br \/>\nF18[Functions of academic council<\/p>\n<p>20B.\u2014(1) Subject to this section, the academic council shall control the academic affairs of the College, including the curriculum of, and instruction and education provided by, the College.<\/p>\n<p>(2) In the performance of its functions, the academic council shall\u2014<\/p>\n<p>(a) have regard to the resources available to the College, and<\/p>\n<p>(b) be subject to review by the College, in a form and at such frequency as may be required by the College.<\/p>\n<p>(3) Without prejudice to the generality of subsection (1), the functions of the academic council shall include\u2014<\/p>\n<p>(a) designing and developing programmes for the College,<\/p>\n<p>(b) making recommendations on programmes for the undertaking of research,<\/p>\n<p>(c) supporting the implementation of the programmes referred to in paragraphs (a) and (b),<\/p>\n<p>(d) making recommendations to the College relating to the selection, admission, retention and exclusion of students,<\/p>\n<p>(e) making recommendations to An Bord regarding the form and content of regulations of the College relating to the academic affairs of the College including\u2014<\/p>\n<p>(i) the assessment of students and determination of the results of that assessment, and<\/p>\n<p>(ii) procedures for appeals by students relating to the results of assessments,<\/p>\n<p>(f) making recommendations to the College for the awarding of fellowships, scholarships, bursaries, prizes or other awards,<\/p>\n<p>(g) making general arrangements for academic counselling including tutorials,<\/p>\n<p>(h) performing any other functions delegated to it by An Bord, and<\/p>\n<p>(i) implementing any regulations of the College relating to the functions of the academic council.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F18<br \/>\nInserted (10.11.2022) by Higher Education Authority Act 2022 (31\/2022), s. 127, S.I. No. 554 of 2022.<\/p>\n<p>Section<br \/>\nF19[Strategic development plan of College<\/p>\n<p>20C.\u2014(1) (a) The Director shall, as soon as practicable after the coming into operation of section 128 of the Higher Education Authority Act 2022, prepare a plan (in this section called a &#8220;strategic development plan&#8221;) for the period specified in the plan.<\/p>\n<p>(b) The period specified in the strategic development plan shall be such period as An Bord considers appropriate and directs the Director to specify in the plan, being a period of not less than 3 years and not more than 5 years from the date that the Director prepares the plan under paragraph (a).<\/p>\n<p>(c) The Director shall prepare each subsequent strategic development plan not earlier than 6 months, and not later than 3 months, before the expiration of the period specified in the plan.<\/p>\n<p>(2) The Director shall for the purposes of preparing a strategic development plan under this section consult with\u2014<\/p>\n<p>(a) the Minister,<\/p>\n<p>(b) such other Ministers of the Government as An Bord considers appropriate,<\/p>\n<p>(c) An t\u00dadar\u00e1s,<\/p>\n<p>(d) the students or the student union of the College,<\/p>\n<p>(e) the members of the staff of the College,<\/p>\n<p>(f) the academic council, and<\/p>\n<p>(g) such other bodies or persons as An Bord considers appropriate.<\/p>\n<p>(3) A strategic development plan shall specify\u2014<\/p>\n<p>(a) the objectives of the College for the period specified in the plan and the strategies for achieving those objectives,<\/p>\n<p>(b) the purposes for which the College proposes to use its resources,<\/p>\n<p>(c) how the College shall comply with any requirements imposed on it under the Qualifications and Quality Assurance (Education and Training) Act 2012, and<\/p>\n<p>(d) the plans of the College to develop and promote strong social and cultural links, and links supporting creativity, between the College and the local, regional and national community.<\/p>\n<p>(4) The Director, in preparing a strategic development plan under subsection (1)(c), shall have regard to each of the following provided or issued to the College by a relevant designated awarding body within the meaning of the Qualifications and Quality Assurance (Education and Training) Act 2012 during the period of the plan being replaced:<\/p>\n<p>(a) a report of a review under section 37 of the Qualifications and Quality Assurance (Education and Training) Act 2012;<\/p>\n<p>(b) a direction under section 38 of that Act.<\/p>\n<p>(5) The Director shall submit the draft strategic development plan to An Bord for approval once it has been prepared.<\/p>\n<p>(6) An Bord, having regard to the resources available to it, may either approve the strategic development plan without modification or, after consultation with the Director, approve the plan with such modifications as it thinks fit.<\/p>\n<p>(7) As soon as practicable after it approves the strategic development plan under subsection (6), An Bord shall provide a copy of the plan to the Minister and An t\u00dadar\u00e1s and the Qualifications and Quality Assurance Authority of Ireland and publish it in such manner as An Bord considers appropriate.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F19<br \/>\nInserted (10.11.2022) by Higher Education Authority Act 2022 (31\/2022), s. 128, S.I. No. 554 of 2022.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E5<br \/>\nThe section heading is taken from the amending section in absence of one included in the amendment.<\/p>\n<p>Section<br \/>\nF20[Equality statement of College<\/p>\n<p>20D.\u2014(1) (a) The Director shall, as soon as practicable after the coming into operation of section 129 of the Higher Education Authority Act 2022, prepare a statement (in this section called an &#8220;equality statement&#8221;) for the period specified in the statement.<\/p>\n<p>(b) The period to which the equality statement relates shall be such period as An Bord considers appropriate and directs the Director to specify in the statement, being a period of not less than 3 years and not more than 5 years from the date that the Director prepares the equality statement under subsection (1).<\/p>\n<p>(c) The Director shall prepare each subsequent equality statement not earlier than 6 months, and not later than 3 months, before the expiration of the period specified in the plan.<\/p>\n<p>(2) The Director shall for the purposes of preparing an equality statement under this section consult with\u2014<\/p>\n<p>(a) the Minister,<\/p>\n<p>(b) such other Ministers of the Government as An Bord considers appropriate,<\/p>\n<p>(c) An t\u00dadar\u00e1s,<\/p>\n<p>(d) the students or the student union of the College,<\/p>\n<p>(e) the members of the staff of the College,<\/p>\n<p>(f) the academic council, and<\/p>\n<p>(g) such other bodies or persons as An Bord considers appropriate.<\/p>\n<p>(3) The equality statement shall specify\u2014<\/p>\n<p>(a) the policy of the College for enabling access to it, and the education it provides, 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<\/p>\n<p>(b) the policy of the College relating to equality, including gender equality, in all activities of the College.<\/p>\n<p>(4) The Director shall submit the draft equality statement to An Bord for approval once it has been prepared.<\/p>\n<p>(5) An Bord, having regard to the resources available to it, may either approve the draft equality statement without modification or, after consultation with the Director, approve the statement with such modifications as it thinks fit.<\/p>\n<p>(6) An Bord, in approving the draft equality statement under subsection (5), shall have regard to such policies on the matters referred to in subsection (3) as may from time to time be determined by the Minister.<\/p>\n<p>(7) An Bord shall implement the policies set out in the equality statement.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F20<br \/>\nInserted (10.11.2022) by Higher Education Authority Act 2022 (31\/2022), s. 129, S.I. No. 554 of 2022.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E6<br \/>\nThe section heading is taken from the amending section in absence of one included in the amendment.<\/p>\n<p>Section 21<br \/>\nCommittees of An Bord.<\/p>\n<p>21.\u2014(1) An Bord may from time to time establish such and so many committees as it thinks proper to perform such (if any) of the functions of An Bord as, in the opinion of An Bord, may be better or more conveniently performed by a committee and are assigned to a committee by An Bord.<\/p>\n<p>(2) An Bord may regulate the procedure of committees established under this section, but subject to any regulation, committees established under this section may regulate their own procedure.<\/p>\n<p>(3) A committee of An Bord shall consist of such number of members appointed by An Bord as it thinks proper and the members shall consist of or include members of An Bord.<\/p>\n<p>(4) The appointment of a person to act as a member of a committee established under this section shall be subject to such conditions (including conditions in relation to the term and tenure of office of the member) as An Bord may think fit to impose when making the appointment.<\/p>\n<p>(5) A member of a committee established under this section may be removed from office at any time by An Bord.<\/p>\n<p>(6) An Bord may at any time dissolve a committee established under this section.<\/p>\n<p>(7) The acts of a committee established under this section shall be subject to confirmation by An Bord.<\/p>\n<p>Section 22<br \/>\nBuildings and premises.<\/p>\n<p>22.\u2014An Bord may, with the approval of the Minister, by construction or acquisition (including acquisition under a lease or other letting or a licence), provide itself with and equip and maintain such buildings and other premises as it considers necessary or desirable for the performance of its functions.<\/p>\n<p>Section 23<br \/>\nAcceptance of gifts by An Bord.<\/p>\n<p>23.\u2014(1) An Bord may accept gifts of works of art, money, materials, equipment, land or other property.<\/p>\n<p>(2) An Bord shall not accept a gift if the conditions attached to its acceptance by the donor are inconsistent with the functions of An Bord.<\/p>\n<p>(3) Any funds of An Bord, being a gift or the proceeds of a gift to it, may, subject to any terms or conditions of the gift, be invested by An Bord in any manner in which a trustee is empowered by law to invest trust funds.<\/p>\n<p>Section 24<br \/>\nAppointment of An Bord to be trustee.<\/p>\n<p>24.\u2014An Bord may accept an appointment to be a trustee of any educational endowment or charity established for purposes connected with the functions of An Bord if the duties of such office are not inconsistent with those functions.<\/p>\n<p>Section 25<br \/>\nFees for courses and lectures.<\/p>\n<p>25.\u2014An Bord may, with the consent of the Minister, charge fees of such amounts as it may determine from time to time for admission to courses and lectures, and exhibitions and other functions conducted or arranged by, or held at or by, the College.<\/p>\n<p>Section 26<br \/>\nTransfer of staff.<\/p>\n<p>26.\u2014(1) Every person who, immediately before the establishment day, was a permanent, whole-time member of the academic or other staff of the College shall, on the establishment day become and be a permanent, whole-time member of the academic or other staff of the College as the case may be, in the employment of An Bord on such terms and conditions as An Bord may from time to time determine, being terms and conditions that, in the opinion of the Minister, are not less favourable to the person than those that applied in relation to his employment with the College immediately before such day.<\/p>\n<p>(2) Every person, other than a person referred to in subsection (1) of this section, who, immediately before the establishment day, was a member of the academic or other staff of the College and who either<\/p>\n<p>(a) was appointed as such on the recommendation of the Civil Service Commissioners or<\/p>\n<p>(b) was required to work for not less than 18 hours per week and had been a member of such academic or other staff for the five years immediately preceding such day,<\/p>\n<p>shall become and be a member of the academic or other staff of the College, as the case may be, in the employment of An Bord on such terms and conditions as An Bord may from time to time determine, being terms and conditions that, in the opinion of the Minister, are not less favourable to the person than those that applied in relation to his employment with the College immediately before such day.<\/p>\n<p>Section 27<br \/>\nTransfer of property and liabilities.<\/p>\n<p>27.\u2014(1) All property (real or personal), other than the buildings and premises at Kildare Street, Dublin, used by the College, and all rights held or enjoyed immediately before the establishment day by the Minister, in connection with the College, shall, on the establishment day, become and be transferred to An Bord and accordingly, without any further conveyance, transfer or assignment\u2014<\/p>\n<p>(a) the said property shall, on the establishment day, vest in An Bord,<\/p>\n<p>(b) the said rights shall, as on and from the establishment day, be enjoyed by An Bord,<\/p>\n<p>(c) the said liabilities shall, as on and from the establishment day, be the liabilities of An Bord.<\/p>\n<p>(2) All moneys, stocks, shares and securities transferred to An Bord by this section which, on the establishment day, are standing in the books of any corporation or company in the name of the Minister shall, upon the request of An Bord, be transferred into its name.<\/p>\n<p>(3) Every debt and other liability (including unliquidated liabilities arising from torts or breaches of contract) which, immediately before the establishment day is owing and unpaid or has been incurred and is undischarged by the Minister or the Commissioners and is so owing or has been incurred in relation to the College shall, on the establishment day, become and be the debt or liability of An Bord and shall be paid or discharged by and may be recovered from and enforced against An Bord accordingly.<\/p>\n<p>Section 28<br \/>\nPreservation of contracts and continuance of legal proceedings.<\/p>\n<p>28.\u2014(1) Every contract which was entered into in relation to the College and is in force immediately before the establishment day between the Minister or the Commissioners and any person shall continue in force on and after the establishment day, but shall be construed and have effect as if An Bord were substituted therein for the Minister or the Commissioners (as the case may be), and every such contract shall be enforceable by or against An Bord accordingly.<\/p>\n<p>(2) Where, immediately before the establishment day, any legal proceedings are pending to which the Minister is a party and the proceedings have reference to the College, the name of An Bord shall be substituted in the proceedings for that of the Minister, and the proceedings shall not abate by reason of such substitution.<\/p>\n<p>Section 29<br \/>\nExemption from stamp duty.<\/p>\n<p>29.\u2014Stamp duty shall not be charged on any conveyance or other instrument executed for the purpose of vesting property or any interest in property in An Bord.<\/p>\n<p>Section 30<br \/>\nAmendment of Ministers and Secretaries Act, 1924.<\/p>\n<p>30.\u2014The Ministers and Secretaries Act, 1924, is hereby amended by the deletion in the Fourth Part of the Schedule of \u201cThe Metropolitan School of Art\u201d.<\/p>\n<p>Section 31<br \/>\nExpenses.<\/p>\n<p>31.\u2014Any 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.<\/p>\n<p>Section 32<br \/>\nShort title.<\/p>\n<p>32.\u2014This Act may be cited as the National College of Art and Design Act, 1971.<\/p>\n<p>Schedule<br \/>\nF21[SCHEDULE<\/p>\n<p>Section 17<\/p>\n<p>Director<\/p>\n<p>1. The Director shall carry on and manage, and control generally, the administration and business of the College and perform such other functions (if any) as may be determined by An Bord, and for those purposes shall have such powers as are necessary or expedient.<\/p>\n<p>2. The Director shall perform his or her functions subject to such policies as may be determined from time to time by An Bord and shall be accountable to An Bord for the efficient and effective management of the College and for the due performance of his or her functions.<\/p>\n<p>3. The Director may make proposals to An Bord on any matter relating to its functions.<\/p>\n<p>4. The Director shall provide An Bord with any information (including financial information) in relation to the performance of his or her functions as An Bord may request.<\/p>\n<p>5. An Bord may designate an officer or servant of An Bord to perform the functions of the Director in the absence of the Director or where the office of Director is vacant, and a member so designated shall in such absence or upon such office being vacant, perform those functions.<\/p>\n<p>6. (1) The Director may, with the consent of An Bord, delegate in writing any of his or her functions to a specified officer or servant of An Bord, and that officer or servant shall be accountable to the Director for the performance of the functions so delegated.<\/p>\n<p>(2) The Director shall be accountable to An Bord for the performance of functions delegated by him or her in accordance with subparagraph (1).<\/p>\n<p>(3) The Director may, with the consent of An Bord in writing, revoke a delegation made in accordance with this paragraph.<\/p>\n<p>(4) In this paragraph, &#8220;functions&#8221; does not include a function delegated by An Bord to the Director subject to a condition that the function shall not be delegated by the Director to anyone else.<\/p>\n<p>7. The Director shall not hold any other office or position without the consent of An Bord.<\/p>\n<p>8. Unless he or she resigns, retires or is removed from office, the Director shall hold office for such period as An Bord, with the consent of the Minister, determines but the period shall not exceed ten years from the date of the Director\u2019s appointment.<\/p>\n<p>9. (1) The Director shall, whenever required in writing to do so by the Committee of D\u00e1il \u00c9ireann established under the Standing Orders of D\u00e1il \u00c9ireann to examine and report to D\u00e1il \u00c9ireann on the appropriation accounts and reports of the Comptroller and Auditor General (in this section referred to as the &#8220;Committee&#8221;), give evidence to that Committee in relation to\u2014<\/p>\n<p>(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 An Bord is required by this Act to prepare,<\/p>\n<p>(b) the economy and efficiency of the College in the use of its resources,<\/p>\n<p>(c) the systems, procedures and practices employed by An Bord for the purpose of evaluating the effectiveness of its operations, and<\/p>\n<p>(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 clause (a), (b) or (c)) that is laid before D\u00e1il \u00c9ireann.<\/p>\n<p>(2) In the performance of his or her duties under this paragraph, the Director 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.<\/p>\n<p>10. (1) In this paragraph, &#8220;Committee&#8221; means a Committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than the Committee of D\u00e1il \u00c9ireann established under the Standing Orders of D\u00e1il \u00c9ireann to examine and report to D\u00e1il \u00c9ireann on the appropriation accounts and reports of the Comptroller and Auditor General, the Committee on Members\u2019 Interests of D\u00e1il \u00c9ireann or the Committee on Members\u2019 Interests of Seanad \u00c9ireann) or a sub-committee of such Committee.<\/p>\n<p>(2) Subject to subparagraph (3), the Director shall, at the request in writing of a Committee, attend before it to give account for the general administration of the College.<\/p>\n<p>(3) The Director shall not be required to give account before a Committee for any matter that is or has been or may be the subject of proceedings before a court or tribunal of inquiry in the State.<\/p>\n<p>(4) Where the Director is of opinion that a matter in respect of which he or she is requested to give account before a Committee is a matter to which subparagraph (3) applies, he or she shall inform the Committee of that opinion and the reasons for the opinion and unless the Director does so at a time when he or she is before the Committee, he or she shall do so in writing.<\/p>\n<p>(5) Where the Director has informed a Committee of his or her opinion in accordance with subparagraph (4) and the Committee does not withdraw the request referred to in subparagraph (2) in so far as it relates to a matter the subject of that opinion\u2014<\/p>\n<p>(a) the Director may, not later than 21 days after being informed by the Committee of its decision not to do so, apply to the High Court in a summary manner for determination of the question of whether the matter is one to which subparagraph (3) applies, or<\/p>\n<p>(b) the Chairperson of the Committee may, on behalf of the Committee, make an application,<\/p>\n<p>and the High Court shall determine the matter.<\/p>\n<p>(6) Pending the determination of an application under subparagraph (5), the Director shall not attend before the Committee to give account for the matter the subject of the application.<\/p>\n<p>(7) If the High Court determines that the matter concerned is one to which subparagraph (3) applies, the Committee shall withdraw the request referred to in subparagraph (2), but if the High Court determines that subparagraph (3) does not apply, the Director shall attend before the Committee to give account for the matter.<\/p>\n<p>(8) In the performance of his or her duties under this paragraph, the Director shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government, or the merits of the objectives of such a policy.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F21<br \/>\nInserted (10.11.2022) by Higher Education Authority Act 2022 (31\/2022), s. 130, S.I. No. 554 of 2022.<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-2371\" data-postid=\"2371\" class=\"themify_builder_content themify_builder_content-2371 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Institutes of Technology The non-university sector remains under the control of the Minister for Education. \u00a0The university and non-university sectors are perceived as having different roles. The non-university sector was expected to develop a distinct role in relation to technical training and practical orientation of programs and maintain a regional focus. There were two categories [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[80],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/2371"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=2371"}],"version-history":[{"count":13,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/2371\/revisions"}],"predecessor-version":[{"id":35185,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/2371\/revisions\/35185"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=2371"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=2371"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=2371"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}