NATIONAL COUNCIL FOR EDUCATIONAL AWARDS ACT, 1979

AN ACT TO ESTABLISH A BODY TO BE KNOWN IN THE IRISH LANGUAGE AS COMHAIRLE NÁISIÚNTA NA gCÁILÍOCHTAÍ OIDEACHAIS AND IN THE ENGLISH LANGUAGE AS THE NATIONAL COUNCIL FOR EDUCATIONAL AWARDS, TO DEFINE ITS FUNCTIONS AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE FOREGOING. [20th November, 1979]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1 Interpretation.

1.— (1) In this Act—

“board of studies” has the meaning assigned to it by section 9 of this Act;

“the Council” has the meaning assigned to it by section 2 of this Act;

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

“functions” includes powers and duties;

“institution to which this Act applies” means—

• (a) an Coláiste Náisiúnta Ealaíne is Deartha,

• (b) the National Institute for Higher Education, Dublin,

• (c) the National Institute for Higher Education, Limerick,

• (d) Thomond College of Education, Limerick,

• (e) any Regional Technical College,

• (f) any institution specified in an order made under section 20 of this Act by the Minister;

“the Minister” means the Minister for Education;

“staff” means academic staff or administrative staff;

“an tÚdarás” means An tÚdarás urn Árd-Oideachas.

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

2 Establishment of Council.

2.—(1) There shall, by virtue of this section, be established a body which shall be known in the Irish language as Comhairle Náisiúnta na gCáiliochtaí Oideachais and in the English language as the National Council for Educational Awards to perform the functions assigned to it by this Act (which body is in this Act referred to as “the Council”).

• (2) The Council 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.

• (3) The provisions of the First Schedule to this Act shall apply to the Council.

3 Functions of Council.

3.—(1) The functions of the Council shall be generally to encourage, facilitate, promote, co-ordinate and develop technical, industrial, scientific, technological and commercial education, and education in art or design, provided outside the universities, whether professional, vocational or technical, and to encourage and promote liberal education.

• (2) Without prejudice to the generality of subsection (1) of this section, the Council may—

• (a) confer, grant or give degrees, diplomas, certificates or other educational awards to or on persons who—

• (i) (I) the Council is satisfied have attended or otherwise pursued or followed courses of study or instruction conducted by, or provided under the supervision of, an institution to which this Act applies and which are courses which for the time being stand approved of by the Council, and

• (II) have either—

• (A) attained a standard regarded by the Council as satisfactory in examinations or other tests of knowledge or ability which are either prescribed or set by the Council or for the time being stand so approved of and relate to such courses, or

• (B) performed in a manner regarded by the Council as satisfactory other exercises which both so relate and for the time being stand so approved of,

or

• (ii) have either attained a standard regarded by the Council as satisfactory in examinations or other tests of knowledge or ability or have performed other exercises in a manner regarded by the Council as satisfactory and who have carried out, under the supervision of an institution to which this Act applies, and in a manner regarded as satisfactory by the Council, a programme of research approved of by the Council,

• (b) either recognise a degree, diploma, certificate or other educational award conferred, granted or given to persons who successfully complete such courses, or approve of such course of study or instruction, if it is satisfied that the standard in general of both—

• (i) a particular course of study or instruction conducted by, or provided under the supervision of, an institution to which this Act applies and relating to professional, scientific or vocational education (which course may be concerned with liberal arts), and

• (ii) the examinations or other tests of knowledge or ability conducted in relation to such course,

corresponds or is analogous to any relevant standards for the time being in force in universities,

• (c) assess the standard maintained for the time being by any institution to which this Act applies as regards any course of study or instruction approved of by the Council,

• (d) for the purpose of promoting degrees, diplomas, certificates or other educational awards conferred, granted or given by it—

• (i) take such steps as it considers appropriate either within or outside the State,

• (ii) co-ordinate, or assist in co-ordinating, in such manner as it considers appropriate, any two or more such courses of study or instruction conducted by, or provided under the supervision of, one or more institutions to which this Act applies,

• (iii) for the purpose of enabling them to attend or otherwise pursue or follow any such course, assist the transfer of students from one such institution to another such institution,

• (e) through an tÚdarás advise the Minister in relation to the cost of providing, or continuing to provide, or the financing of any course of study or instruction approved of by the Council or the cost of modifying any course of study or instruction to the extent necessary to secure its approval by the Council.

• (3)
• (a) The Minister may, with the concurrence of the Minister for the Public Service and after consultation with such other Minister of the Government (if any) as the Minister considers to be concerned, by order assign to the Council such functions relating to technical, industrial, scientific, technological or commercial education, or education in art or design, (being functions additional to those assigned by this Act) as the Minister thinks fit.

• (b) Where an order under this section 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.

• (4) In performing its functions the Council shall bear constantly in mind the national aims of restoring the Irish language and preserving and developing the national culture and shall endeavour to promote the attainment of those aims.

• (5)
• (a) Any degree, diploma, certificate or other educational award conferred, granted or given to or on a person by the body of persons which, immediately before the commencement of the Act, called itself the National Council for Educational Awards, shall, from such commencement be regarded as having been conferred, granted, or given by the Council.

• (b) Any course of study or instruction conducted by, or provided under the supervision of an institution to which this Act applies and which, immediately before the commencement of this Act, stood approved of by the body of persons referred to in paragraph (a) of this subsection shall for the purposes of the Act be regarded as having been approved of by the Council immediately after the commencement of this Act.

• (6) The Council may attach conditions (including conditions requiring arrangements to be made and maintained to enable persons attending or otherwise pursuing or following courses of study or instruction to gain industrial or commercial experience) to any approval or recognition given under this Act, vary such conditions, and withdraw any such approval or recognition.

4 Members of Council.

4.—The members of the Council shall be a chairman, the Director and twenty-three other members.

5 Appointment of ordinary members.

5.—(1) Subject to subsection (2) of this section, the members of the Council, other than the chairman or the Director, shall each be appointed by the Government and of those members—

• (a) nine shall be so appointed on the recommendation of the Minister,

• (b) two shall be so appointed on the recommendation of the Governing Body of the National Institute for Higher Education, Dublin,

• (c) two shall be so appointed on the recommendation of the Governing Body of the National Institute for Higher Education, Limerick,

• (d) two shall be so appointed on the recommendation of the Governing Body of Thomond College of Education, Limerick,

• (e) one shall be so appointed on the recommendation of Bord an Choláiste Náisiúnta Ealaíne is Deartha,

• (f) four shall be so appointed on the recommendation of the Minister from amongst those who are members of the staff of any university in the State, or any college or institution which is a constituent college of, or is recognised by, such a university, being a university, college, or institution standing for the time being designated for the purposes of this section by the Minister, and

• (g) three shall be so appointed on the recommendation of the Minister from amongst those who are members of the governing or managing body or of the staff of, or are students at, any institution to which this Act applies.

• (2) Before making a recommendation pursuant to subsection (1) (a) of this section as regards an appointment by the Government under this section, the Minister shall consider to what extent industry, agriculture, fisheries, commerce, any of the professions or the management, staff and students of any institution to which this Act applies need representation on the Council.

• (3)
• (a) Where a casual vacancy occurs among the members of the Council other than the chairman or the Director, the vacancy shall be filled by appointment by the Government of a person on the recommendation of the Minister or the body by whom the member occasioning the vacancy was recommended.

• (b) A person appointed under this subsection shall, unless he sooner resigns or becomes disqualified, hold office for the remainder of the period for which the member of the Council occasioning the vacancy, if he had continued to be such a member, would have held office.

6 Chairman and deputy-chairman of Council.

6.—(1) The Government shall from time to time as occasion requires appoint in a part-time capacity a person to be chairman of the Council, and an appointment under this subsection shall, if necessary, operate to make the person to whom it relates a member of the Council.

• (2) The Council shall, from time to time as occasion requires, appoint from amongst its members (other than the chairman or the Director) a member to be deputy-chairman thereof.

• (3) The deputy-chairman of the Council shall, unless he sooner becomes chairman or resigns the office of deputy-chairman or ceases to be deputy-chairman under subsection (8) of this section, hold office until the expiration of his period of office as a member of the Council.

• (4) The chairman or deputy-chairman of the Council may at any time resign his office as chairman or deputy-chairman by letter sent to the Minister, and the resignation shall, unless it is previously withdrawn in writing, take effect at the commencement of the meeting of the Council held next after the Council has been informed by the Minister of the resignation.

• (5) The chairman of the Council may, on the recommendation of the Minister, be removed from the office of chairman by the Government.

• (6) Where a person ceases to hold the office of chairman of the Council, he shall at the same time cease to be a member of the Council.

• (7) Where the chairman of the Council ceases to hold office otherwise than by the effluxion of time, the vacancy shall be filled as soon as may be by an appointment by the Government under subsection (1) of this section and the person so appointed shall, unless he sooner resigns or becomes disqualified, hold the office of chairman for the remainder of the period for which the person occasioning the vacancy, if he had continued to be chairman of the Council, would have held office.

• (8) Where the deputy-chairman of the Council ceases during his term of office as such to be a member of the Council, he shall also then cease to be deputy-chairman of the Council.

7 Qualification of members of Council.

7.—A person shall not be eligible for membership of the Council if—

• (a) he is for the time being entitled under Standing Orders of either House of the Oireachtas to sit therein,

• (b) he is an undischarged bankrupt,

• (c) within the immediately preceding period of three years he has, under the protection or procedure of a court, made a composition or arrangement with his creditors,

• (d) within the immediately preceding period of five years he has been sentenced to a term of imprisonment by a court of competent jurisdiction.

8 Terms of office, remuneration, removal and resignation of members of Council (other than Director).

8.—(1) (a) Subject to subsections (2), (3), (5) and (6) of this section, the chairman or any other member of the Council, other than the Director, shall be appointed for a term not exceeding five years and his appointment may be renewed for a further term not exceeding five years.

• (b) Subject to paragraph (a) of this subsection and subsections (2), (4), (5) and (6) of this section, a member of the Council shall hold his office on such terms and conditions as the Government shall, at the time of the appointment and on the recommendation of the Minister, determine.

• (2) After a continuous period of ten years in office a member of the Council, other than the chairman or Director, shall not be eligible for appointment to membership of the Council until a period of two years beginning on the day on which he shall have ceased to hold office has elapsed.

• (3) The chairman or any other member of the Council (other than the Director) shall be paid out of funds at the disposal of the Council, such remuneration (if any) and such allowances for expenses as the Minister, with the approval of the Minister for the Public Service, may decide.

• (4) Where the chairman of the Council or any other member thereof, other than the Director, attains the age of seventy years, he shall thereupon cease to hold office.

• (5) A member of the Council, other than the chairman or the Director, may be removed from membership of the Council by the Government on the recommendation of the Minister.

• (6) Where a member of the Council—

• (a) is adjudicated bankrupt or makes, under the protection or procedure of a court, a composition or arrangement with his creditors,

• (b) is sentenced to a term of imprisonment by a court of competent jurisdiction,

he shall thereupon cease to be a member of the Council.

• (7) A member of the Council, other than the chairman or the Director, may resign his office by letter addressed to the Minister, and the resignation shall take effect as on and from the date on which the letter is received.

9 Boards of Studies.

9.—(1) Subject to the provisions of this Act, the Council may from time to time appoint such and so many bodies of persons as it thinks proper (each of which bodies is in this Act referred to as “a board of studies”) to assist the Council in such manner as the Council shall direct.

• (2) Without prejudice to the generality of subsection (1) of this section, the Council may make arrangements for a board of studies to perform on its behalf any of its functions, other than the functions mentioned in subsection (6) of this section, which, in its opinion, can be better or more conveniently performed by a committee, and subject to the provisions of this Act may regulate the procedure of any such board.

• (3) The Council may request a board of studies to make, in relation to specified subjects, courses of study or specified branches, areas, aspects or other divisions of education or research, recommendations to the Council concerning any one or more of the following:

• (a) the courses of study or instruction therein to be followed by persons for the purpose of obtaining an educational award from the Council,

• (b) standards to be maintained as regards any such course or other conditions subject to or in accordance with which any such course is to be conducted,

• (c) the standards to be applied and maintained in relation to examinations or tests undertaken by persons attending or otherwise pursuing or following any such course.

• (4) In deciding whether or not to make recommendations to the Council a board of studies shall have particular regard to the following:

• (a) the standard of the work and the facilities for the time being available at any institution at which the course of study or instruction being considered is conducted or at which it is proposed to have the course being considered conducted, as may be appropriate,

• (b) the curriculum and syllabus of the courses of study or instruction being considered,

• (c) the requisite qualifications or the proposed such qualifications of persons conducting such course,

• (d) the arrangements and facilities provided, or to be provided, for the practical training of persons attending or otherwise pursuing or following such courses,

• (e) the arrangements and facilities provided, or to be provided, for the examination or testing of such persons,

• (f) the standards required or proposed for admission to such courses, and

• (g) the standard required or proposed for the award of any degree, diploma, certificate or other educational award at the conclusion or at any other stage of the course:

Provided that a board of studies in making recommendations under this subsection in relation to the standard required or proposed for admission to a course for, or for the conferring, granting or giving of a degree, diploma, certificate or other educational award, shall have regard to any corresponding standard required by a university in the State and shall not recommend a standard which is lower than such a standard (if any).

• (5) The provisions of the Second Schedule to this Act shall apply to every board of studies.

• (6) The functions referred to in subsection (2) of this section are the granting of awards, diplomas, or degrees, the fixing of any remuneration, the making of any allowances for expenses, the making of disbursements or the consideration of any other matter related to expenditure and the appointment, supervision or dismissal of officers (including the Director) or servants of the Council.

• (7) Nothing in this section shall be construed as affecting the power of the Council, apart from this section, to appoint committees.

10 Director.

10.—(1) Subject to subsection (2) of this section, the Council shall, with the approval of the Minister, from time to time appoint in a whole-time capacity a person to be the chief officer of the Council, and such officer is in this Act referred to as “the Director”.

• (2) If the person who on the passing of this Act is employed as its chief officer (whether that officer is described as the Chief Officer or otherwise) by the body of persons referred to in section 3 (5) (a) of this Act is still so employed immediately before the commencement of this Act, then subject to his agreement thereto that person shall be the person first appointed to be the Director.

• (3)
• (a) The Director shall, in accordance with any direction given to him in that behalf by the Council, control and direct the activities of the Council and the staff of the Council.

• (b) The Director may from time to time make to the Council such proposals regarding the functions of the Council as he shall consider appropriate.

• (c) The Council shall consider any proposal made to it by the Director under this subsection.

• (4) In case the Director by virtue of section 8 (6) of this Act ceases to be a member of the Council, he shall at the same time also cease to hold the office of Director.

11 Officers and servants.

11.—(1) The Council may appoint such and so many persons to be its officers (in addition to the Director) and servants as, subject to the approval of the Minister given with the concurrence of the Minister for the Public Service, it from time to time thinks proper.

• (2) An officer (including the Director) or servant of the Council shall hold his office or employment on such terms and conditions as the Council, subject to the approval of the Minister given with the concurrence of the Minister for the Public Service, may from time to time determine.

• (3) The Council may not remove or suspend any of its officers (including the Director) from office save with the consent of the Minister.

• (4) Subject to subsection (5) of this section, there shall be paid by the Council to its officers (including the Director) and servants such remuneration and allowances as the Council, with the approval of the Minister given with the concurrence of the Minister for the Public Service, may from time to time determine.

• (5) Where a person who is an officer (including the Director) or servant of the Council is nominated as a member of Seanad Éireann or for election to either House of the Oireachtas, he shall stand seconded from employment by the Council and shall not be paid by, or be entitled to receive from the Council any remuneration or allowances—

• (a) in case he is nominated as a member of Seanad Éireann, in respect of the period commencing on his acceptance of the nomination and ending when he ceases to be a member of that House,

• (b) in case he is nominated for election to either such House, in respect of the period commencing on his nomination and ending when he ceases to be a member of that House or fails to be elected or withdraws his candidature, as may be appropriate,

and in addition to the foregoing he shall not be entitled to reckon the whole or any part of such period for any benefits payable under any scheme under section 14 of this Act.

• (6) 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 (including the Director) or servant of the Council.

12 Consultants, assessors, examiners etc.

12.—(1) Subject to subsections (2) and (3) of this section, the Council may engage such consultants, examiners, assessors or advisers as it may consider necessary for the performance of its functions and any fees due to a consultant, examiner, assessor or adviser engaged pursuant to this section shall be paid by the Council out of moneys at its disposal.

• (2) An examiner shall not be engaged pursuant to this section by the Council to participate in an examination or other test of knowledge or ability unless the course of study or instruction to which the examination relates for the time being stands approved of by the Council.

• (3) The power vested in the Council by subsection (1) of this section shall, in so far as it is practical so to do, be exercised so as to ensure that the standard of any course of study or instruction, or any examination or other test of knowledge or ability, in relation to which the power is exercised or its syllabus corresponds or is analogous to any relevant standards for the time being in force in universities.

13 Transferred staff.

13.—(1) Every person who, immediately before the commencement of this Act, is employed whole-time by the body of persons then calling itself the National Council for Educational Awards shall, on such commencement, be transferred to and become an officer or servant, as may be appropriate, of the Council, and all persons so transferred, shall, for so long as they remain in the employment of the Council, be members of the transferred staff of the Council and are in this Act referred to as “the Council's transferred staff”.

• (2)
• (a) Subject to subsection (4) of this section, a member of the Council's transferred staff shall not, while in the service of the Council, receive less remuneration or be subject to less beneficial conditions of service than the remuneration to which he was entitled and the conditions of service to which he was subject in the service from which he was transferred by virtue of this section.

• (b) The conditions of service, restrictions, requirements and obligations to which a member of the Council's transferred staff was subject immediately before his transfer to the service of the Council shall, unless they are varied by agreement, continue to apply to him and may be exercised or imposed by the Council or the Director, as may be appropriate, while he is in the service of the Council.

• (3) A member of the Council's transferred staff shall not, while in the service of the Council, be subject to less favourable conditions in relation to the grant of superannuation allowances (whether by way of lump sum, pension or gratuity or of compensation for loss of office) than the conditions which applied to him immediately before his transfer by virtue of this section to the service of the Council.

• (4)
• (a) The Council may, following consultation with any recognised staff associations or trade unions concerned, redistribute or rearrange the duties to be performed by members of the Council's transferred staff who are employed in a particular grade or class of employment and every such member shall be bound to perform the duties allocated to him in any such redistribution or rearrangement.

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

14 Superannuation.

14.—(1) As soon as may be after the passing of this Act, the Council shall, subject to section 13 (3) of this Act, prepare and submit to the Minister a scheme or schemes for the granting of pensions, gratuities and other allowances on retirement or death to or in respect of such of its employees (including the Director) as the Council shall think fit.

• (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 are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.

• (3) The Council may at any time prepare and submit to the Minister a scheme amending a scheme previously submitted and approved of under this section.

• (4) A scheme submitted to the Minister under this section shall, if approved of by the Minister with the concurrence of the Minister for the Public Service, be carried out by the Council in accordance with its terms.

• (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 for determination by him subject to the agreement of the Minister for the Public Service.

• (6) No pension, gratuity, allowance or other payment shall be granted by the Council to or in respect of a member of its staff (including the Director) except under and in accordance with a scheme under this section, nor shall any arrangement be entered into by the Council without the approval of the Minister, given with the concurrence of the Minister for the Public Service, for the provision otherwise than by the Council of a pension, gratuity, allowance or other payment on the resignation, retirement or death of a member of its staff.

• (7) The Minister shall cause every scheme submitted and approved of under this section to 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.

15 Report and information to Minister.

15.—(1) The Council shall, as soon as may be after the end of each of its financial years, prepare and submit to the Minister a report of its proceedings during that year, and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.

• (2) The Council shall supply the Minister with such information regarding the performance of its functions as he may from time to time require.

16 Grants.

16.—In each year there shall, in accordance with section 12 (2) of the Higher Education Authority Act, 1971, be paid by An tÚdarás to the Council, out of moneys received by it under section 12 (1) of the said Act, a grant or grants of such amount as An tÚdarás thinks fit.

17 Accounts and audits.

17.—(1) The Council shall keep, in such form as may be approved of by the Minister, all proper and usual accounts of all moneys received or expenses incurred by it, and, in particular, shall keep in such form as aforesaid such special accounts as the Minister, or the Minister at the request of the Minister for Finance, may from time to time direct.

• (2) Accounts kept in pursuance of this section shall be submitted annually by the Council to the Comptroller and Auditor General for audit, on a date not later than the thirtieth of April in the year following that to which the accounts relate and, immediately after the audit, a copy of the accounts and of such other account, if any, as the Minister has directed to be kept, together with a copy of the report of the Comptroller and Auditor General on the Accounts shall be presented by the Council to the Minister.

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

18 Fees.

18.—The Council may charge, receive and recover fees for any approval given by it in relation to an examination or other test of knowledge or ability or any approval given, or any assessment made, by it as regards a course of study or instruction.

19 Gifts.

19.—(1) The Council may accept gifts of money, land or other property upon such trusts and conditions, if any, as may be specified by the donor.

• (2) The Council shall not accept a gift if the trusts or conditions attached by the donor are inconsistent with the functions of the Council.

20 Power to apply Act to certain colleges, etc.

20.—(1) The Minister may, with the concurrence of the Minister for the Public Service, and after consultation with the Council and with such other Minister of the Government (if any) as the Minister considers to be concerned, by order designate any college, school or other educational institution other than a university, as being an institution to which this Act applies.

• (2) The Minister may revoke or amend an order under this section (including an order under this subsection).

21 Expenses.

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

22 Short title and commencement.

22.—(1) This Act may be cited as the National Council for Educational Awards Act, 1979.

• (2) This Act shall come into operation on such day as the Minister appoints by order.

FIRST SCHEDULE The Council

• (2) The Minister shall fix the date, time and place of the first meeting of the Council.

• (a) the chairman of the Council shall, if he is present, be chairman of the meeting,

• (b) if and for so long as the chairman of the Council is not present, or the office of chairman is vacant, the deputy-chairman shall, if he is present, be chairman of the meeting,

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

• (2) The seal of the Council shall be authenticated by the signature of the chairman thereof or of a member of the Council authorised by the Council to act in that behalf and the signature of an officer authorised by the Council to act in that behalf.

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

SECOND SCHEDULE Boards of Studies