Dublin Institute of Technology Act , 1992

1 Commencement.

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

2 Interpretation.

2.—(1) In this Act—

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

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

“Director” means a Director of the Institute;

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

“functions” includes powers and duties;

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

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

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

“the Minister” means the Minister for Education;

“the President” means the President of the Institute;

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

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

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

3 Establishment of Institute.

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

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

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

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

4 Membership of Institute.

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

(a) the members of the Governing Body,

(b) the members of the Academic Council,

(c) the members of the staff,

(d) the registered students of the Institute,

(e) the graduates of the Institute,

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

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

5 Functions of Institute.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

6 Governing Body.

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

(2) The Governing Body shall consist of—

(a) the Chairman and 18 ordinary members, and

(b) the President of the Institute.

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

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

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

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

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

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

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

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

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

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

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

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

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

7 Functions of Governing Body.

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

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

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

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

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

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

8 Dissolution of Governing Body.

8.—(1) If—

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

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

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

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

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

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

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

9 President.

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

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

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

10 Directors of Institute.

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

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

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

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

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

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

11 Academic Council.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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