National Council for Educational Awards Act , 1979

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.